BOUGHT WITH THE INCOME FROM THE SAGE ENDOWNENT FUND THE GIFT OF 1S91 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924090411772 THE BUILDING CODE OF THE CITY OF NEW YORK AS CONSTITUTED BY THE GREATER NEW YORK CHARTER. ENACTED IN 1899 BY THE MUNICIPAL ASSEMBLY AND APPROVED BY THE MAYOR OF THE CITY PURSUANT TO SECTION 647 OF THE CHARTER, WITH NOTES INDICATING THE DERIVATORY STATUTES, AND REFERENCES TO JUDICIAL DECISIONS RELATING THERETO, TOGETHER WITH THE PROVISIONS OF THE GREATER NEW YORK CHARTER (L. 1897, Ch. 378), SO FAR AS APPLICABLE TO BUILDINGS IN THE CITY OF NEW YORK. BY NIARK ASH AND WILLIANI ASH, OF THE NEW VOKK BAR. ' NEW YORK BAKER, VOORHIS & COMPANY 1899 Entered according- to act of Congress, in the year one thousand eight hundred and ninety-nine. By WEED-PARSONS PRINTING COMPANY. In the office of the Librarian of Congress, at Washington. WEED- PARSONS PRINTING COMPANY, PRINTERS AND ELECTROTYPERS, ALBANY, w. Y. PREFATORY NOTE. The " Building Code " contained in this volume having been enacted by the Municipal Assembly, was approved by the Ma)'or on October 24, 1899, and by virtue of its concluding section, will be in force December 23, 1899, which date is sixty days after its approval by the Mayor. The authority to pass the code, is conferred upon the municipal authorities by sec. 647 of the Greater New York Charter (L. 1897, ch. 378) as follows: " Sec. 647. The several acts in effect at the time of the passage of this act concerning, affecting, or relating to the construction, alteration or removal of buildings or other structures in any of the municipal and public corporations included within the city of New York as constituted by this act, are hereby continued in full force and effect in such municipal and public corporations respec- tively, except in so far as the same are inconsistent with or are modified by this act; provided, however, that the municipal assembly shall have power to establish and from time to time to amend a code of ordinances, to be known as the " building code," providing for all matters concerning, affecting, or relating to the construction, alteration, or removal of buildings or structures erected or to be erected in the city of New York, as constituted by this act, and for the purpose of preparing such code to appoint and employ a commission of experts; and provided further that upon the establishment of such code the several acts first above mentioned shall cease to have any force or effect, and are hereby repealed, but such repeal shall not take effect until such " building code " shall be established by the municipal assembly as herein provided. The provisions of such " building code " shall be in conformity with and be subject to all general laws of the state concerning, affecting, or relating to buildings, or classes of buildings, or other structures." According to the section quoted, the effect of the enactment of the ordinance is to repeal all previous statutes of the State concern- ing, affecting or relating to the construction, alteration or removal of buildings or other structures included in the various municipali- ties consolidated by the charter into the greater New York. The construction placed upon this section by the municipal assembly in enacting the code, deserves special mention. The code embraces provisions (§§ 150 to 156) referring to violations of the sections regulating the construction, alteration or removal of buildings, inflicting penalties for such violations, and regulatipg the [iii] iv Prefatory Note. legal procedure to prevent these violations by suit, injunction, etc. These provisions have been taken bodily from the building law con- tained in the New York City Consolidation Act (L. 1882, ch. 410), §§ 5°S-5i4> ^s amended by L. 1892, ch. 275, and with slight changes due to the altered situation consequent upon consolidation, incor- porated in the code. It may be a serious question whether the sec- tion of the charter above quoted conferred any legal authority upon the municipal assembly to enact an ordinance covering the subject matter of the sections of the Consolidation Act last referred to. On the other hand, the code leaves untouched that portion of the charter which re-enacted the Tenement and Lodging-house Act (§§ i3°4-i325) governing the construction, maintenance and care of tenement and lodging-houses in the city. In order to make this volume complete in itself, we have subjoined to the code the portions of the Greater New York Charter and the New York City Consolidation Act still in force, covering the subject of buildings generally, and the powers and duties of the municipal assembly, the department of buildings, department of health, and the fire department, relating thereto; the rules concerning the storage and sale of explosives and combustible materials, the regu- lations covering the construction, care and maintenance of tenement and lodging-houses, the condemnation of buildings dangerous to life and health, and the appointment and the revisionary authority of the board of examiners. This compilation has been annotated with references to such judicial decisions as construe the various provisions of the law therein contained and with notes mdicating the statutory sources of the various sections of the code. Bearing in mind that there is much new matter in the building code, no apology is needed for the large part of the volume taken up with the index. MARK ASH. WILLIAM ASH. No. II Broadway, New York, November 15, 1899. TABLE OF CONTENTS. THE BUILDING CODE. PART I. SHORT TITLE OF THIS ORDINANCE. Sec. I. Building Code, title of ordinance. 2. Id.; to be liberally construed. PART 11. PRELIMINARY REQ aiREMENTS. Sec. 3. New buildings and buildings to be altered. 4. Filing plans and statements 5. Demolishing buildings. PART III. DEFINITIONS. Sec. 6. Measurement of height for buildings and walls. 7. Measurement for width of buildings. 8. Private dwellings, definition of. 9. Apartment houses, definition of. 10. Hotel, definition of 11. OflSce buildings, definition of. 12. Frame buildings, definition of. PART IV. QUALITY OF MATERIALS. Sec. 13. Brick. 14. Sand. 15. Lime mortar. 16. Cement mortar. 17. Cement and lime mortar. 18. Concrete. 19. Quality of timber. 20. Tests of new materials. 21 Structural material. W vi Table of Contents. PART V. EXCAVATIONS AND FOUNDATIONS. Sec. 23. Excavations. 23. Bearing capacity of soil. 24. Pressure under footings of foundations. 25. Foundations. 26. Foundation walls. PART VI. WALLS, PIERS AND PARTITIONS. Sec. 27. Materials of walls. 28. Walls and piers. 29. Ashlar. 30. Mortar for walls and ashlar. 31. Walls for dwelling-houses. 32. Walls for warehouses. 33. Increased thickness of walls for buildings more than one hundred and five feet in depth 34. Reduced thickness for interior walls. 35. One-story brick buildings. 36. Inclosure walls for skeleton structures. 37. Curtain walls. 38. Existing party walls. 39. Lining existing walls. 40. Walls of unfinished buildings. 41. Walls tied, anchored and braced. 42. Arches and lintels. 43. Parapet walls. 44. Hollow walls. 45. Hollow bricks on inside of walls. 46. Recesses and chafes in w^lls. 47. Furred walls. 48. Light and vent shafts. 49. Brick and hollow tile partitions. 50. Cellar partitions in residence buildings. 51. Main stud partitions. 52. Timber in walls prohibited. PART VII. APARTMENT-HOUSES, TENEMENT-HOUSES AND DWELLINGS OF CERTAIN HEIGHTS. PART VIII. VAULTS, AREAS AND CELLARS. Sec. 54. Cellars to be connected with sewers. 55. Vaults under sidewalks. 56. Areas. 57. Cellar floors. 58. Cellar ceilings. Table of Contents. vii PART IX. WOOD BEAMS, GIRDERS AND COLUMNS. Sec. 59. Wood beams. 60. Anchors and straps for wood beams and girders. 61. Wood columns and plates. 62. Timber for trusses. 63. Bolts and washers for timber work. PART X. CHIMNEYS, FLUES, FIRE-PLACES AND HEATING PIPES. Sec. 64. Trimmer arches. 65. Chimney^, flues and fire-places. 66. Chimney supports. 67. Chimneys and cupolas. 68. Hot air flues, pipes and vent ducts. 69. Steam and hot water heating pipes. PART XI. GENERAL CONSTRUCTION. Sec. 70. Ducts for pipes. 71. Studded-off spaces. 72. Wainscoting. 73. Bay, oriel and show windows. PART XII. STAIRS AND ENTRANCES. Sec. 74. Entrance to basement. 75. Stairs, number regulated by area of building. 76. Engineers' stationary ladders. 77. Slate and stone treads of stairs to be supported. PART XIII. SKYLIGHTS AND FLOOR-LIGHTS. Sec. 78. Metal skylights. 7g. Floor-lights. PART XIV. INCLOSURE AND SHED COVERINGS FOR THE PROTECTION OF PEDESTRIANS. PART XV. MISCELLANEOUS BUILDINGS. Sec. 81. Grain elevators. 82. Exhibition buildings. 83. Smokehouses. viii Table of Contents. PART XVI. HEATING APPARATUS, DRYING ROOMS, GAS AND WATER PIPES. Sec. 84. Heating furnaces and boilers. 85. Registers. 86. Drying rooms. 87. Ranges and stoves. 88 Notice as to heating apparatus. 89. Gas and water pipes. PART XVII. ROOFS, LEADERS, CORNICES, BULKHEADS, SCUTTLES AND TANKS. Sec. 90. Mansard roofs. gi. Cornices and gutters. 92. Bulkheads on roofs and scuttles. 93. Tanks. 94. Roofing and leaders within the fire limits. PART XVIII. ELEVATORS, HOISTWAYS AND DUMB-WAITERS. Sec. 95. Elevators and hoistways. 96. Elevator incIoBure. ^ 97. Dumb-waiter shafts. 98. Elevators in staircase inclosures. 99. Elevators in existing hotels. 100. Screen under elevator sheaves. Id. Inspection of elevators. PART XIX. FIRE APPLIANCES, FIRE-ESCAPES AND FIREPROOF SHUTTERS AND DOORS. Sec. 102. Auxiliary fire apparatus for buildings. 103. Fire-escapes. 104. Fireproof shutters and doors. PART XX. FIREPROOF BUILDINGS. Sec, 105. Fireproof buildings. ''I06. Fireproof floors. 107. Incasing interior columns. PART XXI. PUBLIC BUILDINGS, THEATRES AND PLACES OF ASSEMBLAGE. Sec. 108. Public buildings. 109. Theatres and places of public amusement. Table of Contents. ix PART XXII. IRON AND STEEL CONSTRUCTION. Sec. no. Skeleton construction. 111. Steel and wrought-iron columns. 112. Cast-iron columns. 113. Double columns. 114. Party wall posts. 115. Plates between joints of open back columns. ii6. Steel and iron girders. 117. Rolled steel and wruught-iron beams used as girders. 118. Cast-iron lintels. iig. Plates under ends of lintels and girders. 120. Rolled-steel and wrought-iron floor and roof beams. 121. Templates under ends of steel or iron floor beams. 122. Framing and connecting structural work. 123. Riveting of structural steel and wrought-iron work. 124. Bolting of structural steel and wrought-iron work. 125. Steel and wrougrht-iron trusses. 126. Riveted steel and wrought-iron trusses. 127. Steel and iron pin-connected trusses. 128. Iron and other metal fronts to be filled in. 129. Painting of structural metalwork. PART XXIII. FLOOR LOADS — TEMPObARY SUPPORTS. Sec. 130. Floor loads. 131. Loads on floors to be distributed. 132. Strength of existing floors to be calculated. 133. Strength of temporary supports. PART XXIV. CALCULATIONS. STRENGTH OF MATERIALS. Sec. 134. Safe load for masonry work. 135. Weights of certain materials. 136. Computations for strength of materials. 137. Factors of safety. 138. Strength of columns. 139. Working stresses. 140. Wind pressure. PART XXV. PLUMBING AND DRAINAGE. PART XXVI. BUILDINGS RAISED-, LOWERED, ALTERED OR MOVED. PART XXVII. FIRE LIMITS. X Table of Contents. PART XXVIII. FRAME BUILDINGS. Sec. 144. Frame structures within the fire limits. 145. Frame buildings damaged. 146. Frame buildings, outside of fire limits. 147. Frame buildings PART XXIX. APPEALS AND MODIFICATIONS OF LAW. Sec. 148. The Board of Buildings. 149. Board of Examiners. PART XXX. VIOLATIONS AND PENALTIES; COURTS HAVING JURISDICTION. Sec. 150. Violations and penalties. 151. Courts having jurisdiction. 152. Notices of violations of Code. PART XXXI. UNSAFE BUILDINGS, SURVEYS, COURT PROCEEDINGS. Sec. 153. Unsafe buildings. 154. Surveys on unsafe buildings. 155. Court proceedings. 156. Application for order to remove violations and to vacate buildings. PART XXXII. RECOVERY OF BODIES UNDER FALLEN BUILDINGS. PART XXXIII. FUND FOR USE AND BENEFIT OF THE DEPARTMENT OF BUILDINGS. PART XXXIV. seal; OFFICERS OF DEPARTMENT MAY ENTER BUILDINGS Sec. 159. Seal. 160, Officers of department may enter buildings. PART XXXV. EXISTING SUITS AND LIABILITIES; INVALIDITY OF ONE SECTION NOT TO INVALIDATE ANY OTHER. Sec. 161. Existing suits and liabilities. 162. Invalidity of one section not to invalidate any other. PART XXXVI. ORDINANCES REPEALED; DATE WHEN ORDINANCE TAKES EFFECT. Sec. 163. Repealing section. 164. Date when ordinance is to take effect. Table of Contents, xi PROVISIONS OF THE NEW YORK CHARTER (L. 1897, Ch. 378), SO FAR AS APPLICABLE TO BUILDINGS IN THE CITY OF NEW YORK. CHAPTER II. LEGISLATIVE DEPARTMENT. Sec. 43. Municipal assembly; to restrict height of buildings. 47. Powers of municipal assembly; police, health, park, fire and building regulations. 49. Municipal assembly; power to enact ordinances and regulations for certain purposes. CHAPTER IV. THE EXECUTIVE. Sec. 96. Administrative departments. 102. Department of buildings. CHAPTER XIL DEPARTMENT OF BUILDINGS. Sec. 644. Appointment of commissioners; qualifications; jurisdiction; salaries. 645. Rules and regulations. 646. General powers of commissioners under existing laws. 647. Continuation and repeal of existing laws; building code. 648. Duties of commissioners; appointment and removal of Subordinates. 649. Decisions of commissioners; appeals. 650. Power to vary the provisions of law. 651. Accounts; annual estimates; expenditures. 652. Record of applications. CHAPTER XV. FIRE DEPARTMENT. TITLE 3. PREVENTION OF FIRES — EXPLOSIVES AND COMBUSTIBLE MATERIALS. Sec. 760. Shavings; how to be Stowed away. 761. Hoistways, iron shutters, etc., to be closed. 762. Lights, precautions against fire and use of aisles in places of amuse- ment. 763. Gunpowder and other explosives; sales thereof regulated. 764. Fireworks and explosive compounds; manufacture and sale thereof. 765. Petroleum and coal oils, etc.; sale thereof. 766. Id.; continued. 767. Criminal liability if death results from violation of foregoing rules. 768. Fires and lights on vessels transporting petroleum. 769. Storage of certain chemicals regulated. 770. Id.; of certain vegetable products. 771. Right to enter buildings, etc., for purposes of examination. 772. Information to be furnished by holders of permits. 773. Fines and penalties. xii Table of Contents. CHAPTER XIX. DEPARTMENT OF HEALTH. TITLE I. ■ORGANIZATION, ADMINISTRATION, AUTHORITY, DUTIES AND POWERS OF DEPARTMENT. Sec. 1176. Proceedings relative to dangerous buildings, vessels, places and things. TITLE 7. TENEMENT AND LODGING-HOUSES. Sec. 1304. Construction generally; halls and windows, etc. 1305. Definitions. T306. Roofs and stairs and fire-escapes. 1307. Sleeping-rooms; ventilation. 1308. Water-closets, privies and sinks. 1309. Cellars and basements of tenement-houses not to be occupied for liv- ing purposes, except in certain cases. 1310. Cellars and vaults not to be used for sleeping-rooms. 1311. Transoms, windows, doors,' etc. 1312. Certain occupations and business prohibited in tenement-houses. 1313. Tenements, etc., to be cleansed; owners' names to be registered in department of health. 1314. Inspection twice a year; officers to have access. 1315. Infected and uninhabitable houses to be condemned by board of health. 1316.. Proceedings for condemnation prescribed. 1317. Houses hereafter erected to comply with additional requirements. 1318. Construction of tenement-houses and spaces prescribed for building the same. 1319. Dimensions and ventilation of rooms. 1320. Chimneys, ash receptacles, water, cellar floor, ceilings and gas in tenement-houses. 1321. Overcrowding of tenement-houses prohibited; housekeeper in same required. 1322. Penalties for violations of provisions concerning tenement-houses. 1323. Power of department of buildings and of board of health to make other regulations relative to tenement or lodging houses. 1324. Sanitary company of police. 1325. This chapter a remedial statute. Provisions of New York City Consolidation Act (L. 1982, Ch. 410), concern- ing Board of Examiners, members of, and powers and duties of same. THE BUILDING CODE TROVIDING FOR ALL MATTERS CONCERNING, AFFECT- ING OR RELATING TO THE CONSTRUCTION, ALTER- ATION OR REMOVAL OF BUILDINGS OR STRUCTURES ERECTED OR TO BE ERECTED CITY OF NEW YORK, JS CONSTITUTED BY THE GREATER NEW YORK CHARTER. Adopted by the Council October io, i8gq. . Adopted by the Board of Aldermen September 12, 1899. Approved by the Mayor October 24, iSgg. AjoTE. — Words printed in italics show parts of former law embraced in present revision. All other matter is either new or denotes changes made by the Code. Be it ordained by the Municipal Assembly, pursuant to section 647 of the Greater New York Charter, as follows: PART I. SHORT TITLE OF THIS ORDINANCE A. — Remedial Ordhiance. Section i. This ordinance to be known and cited as the Building Code, and presumptively contains the Building Law, except so far as such provisions are contained in the Charter. — The following provisions shall constitute and be known as The Building Code and may be cited as such, and presumptively provides for all matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures erected or to be erected in The City of New York, as constituted by the " Greater New York Charter," except so far as such provisions are contained in said charter. New. Building Code to be construed liberally. 8 2 . This ordinance is hereby declared to be remedial, and is to be con- strued liberally, to secure the beneficial interests and purposes thereof. Revised from L. 1892, ch. 275, § 45, without change. 2 Plans and Specifications. PART II. PRELIMINARY REQUIREMENTS. Sec. 3. New buildings and buildings to be altered. 4. Filing plans and statements. 5. Demolishing buildings. New buildings and buildings to be altered. § 3. No wall, structure, building, or part thereof, shall hereafter be- built or constructed, nor shall the plumbing or drainage of any building, structure or premises, be constructed or altered, in the City of Neiv York, except in conformity with the provisions of this Code. No buildtftg already erected, or hereafter to be built, in said city, shall be raised, altered, moved or built upon in any manner, that would be in violation of any of the provisions of this Code, or the approval issued thereunder. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 471, as amended by L. 1896, ch. 610, § i. Filing plans and statements. § 4. Before the erection, construction or alteration of any building or part of any building, structure, or part of any structure, or wall, or any platform, staging or flooring to be used for standing or seating pur- poses, and before the construction or alteration of the plumbing or- drainage of any building, structure or premises is commenced, the owner or lessee, or agent of either, or the architect or builder employed by such owner or lessee in connection with the proposed erection or alteration, shall submit to the Commissioner of Buildings for the borough in which the premises are situated a detailed statement \n. triplicate of the specifications, on appropriate blanks to be furnished to applicants by the Department of Buildings and a full and complete copy of the plans of such proposed work, and such structural detail drawings of said proposed work as the Commissioner of Buildings having jurisdiction may require, all of which shall be accompanied with a statement in writing, sworn to before a notary public or commissioner of deeds, giving the full name a?id residence, street and number, of the owner, or of each of the owners of said building, or proposed building, structure or proposed structure, premises, wall, platform, staging or flooring. If such erection, construction or alteration, plumbing or drainage, or the alteration thereof, is proposed to be made or executed by any other person than the owner or owners of the land in fee, the person or persons intend- ing to make such erection or alteratio?i, or to construct such plumbing or drainage, shall accompany said detailed statement of the specifications and copy of the plans, with a statement in writing, sworn to as aforesaid^ giving the full name and residence, street and number, of the owner or owners of the land, or proposed building, structure, or proposed struc- Approval of Plans. 3 ture, premises, wall, platform, staging or flooring, either as owner, lessee, or in any representative capacity, and that he or the)' are duly authorized to perform said work. Such statement may be made by the agent, or architect of the person or persons hereinbefore required to make the same. Any false swearing in a material point in any statement sub- mitted in pursuance of the provisions of this section shall be deemed perjuryt and shall be punishable as such. Said sworn statement, and detailed state- ment of specifications, and copy of the plans shall be kept on file in the office of the Commissioner of Buildings for the borough where the premises to which they relate are situated, and the erection, construc- tion, or alteration of said building, structure, waW., platform, staging or flooring, or any part thereof, and the construction or alteration of the said plumbing or drainage, j^a// «(?/ be commenced or proceeded with, until said statements and plans shall have been so filed, and approved by the said Commissioner of Buildings, and the erection, construction, or alteration of such building, structure, platform, staging or flooring, and the construction or alteration of such plumbing or drainage when proceeded with shall be constructed in accordance with such approved detailed statement of specifications and copy of plans. Nothing in this section shall be construed to prevent a commissioner of buildings from granting his approval for the erection of any part of a building, or any part of a structure, where plans and detailed statements have been presented for the same before the entire plans and detailed state- ments of said building or structure have been submitted. Any approval which may be issued by a commissioner of buildings pursuant to the provisions of this section, but under which no work is commenced within one year from the time of issuance, shall expire by limitation. Ordinary repairs of buildings or structures, or of the plumbing or drainage thereof, may be made without notice to the Department of Build- ings, but such repairs shall not be construed to include the cuiii?ig away of any stone or brick wall, or any portion thereof, the remoi'al or cutting of any beams or supports, or the removal, change or closing of any staircase, or the alteration of any house sewer or private sewer or drainage system, or the construction of any soil or waste pipe. The forego- ing provisions and all the provisions of this Code shall apply with equal force to buildings, both municipal and private. It shall be the duty of the commissioner of buildings having jurisdiction to approve or reject any plan filed with him pursuant to the provisions of this section within a reasonable time. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 503, amended by L. 1892, ch. 275, § 39. Demolishing buildings. § 5. When plans and detailed statements are filed in the Depart- ment of Buildings for the erection of a new building, if an existing 4 Measurement of Buildings. building or part of an existing building is to be demolished, such fact shall be stated in the statement so filed. In demolishing any building, story after story shall be completely removed. No material shall be placed upon the floor of any such, building in the course of demolition, but the brick, timbers and other structural parts of each story shall be lowered to the ground imme- diately upon displacement. The owner, architect, builder or con- tractor for any building, structure, premises, wail, platform, staging or flooring to be demolished shall give not less than twenty-four hours' notice to the Department of Buildings of such intended demolition. New PART III. DEFINITIONS. Sec. 6. Measurement of Height for Buildings and Walls. 7. Measurement for width of buildings. 8. Private dwellings, definition of. g. Apartment houses, definition of. 10. Hotel, definition of ri. Office buildings, definition of. 12. Frame buildings, definition of. Measurement of height for buildings and walls. § 6. The height of buildings shall be measured from the curb level at the centre of the front of the building to the top of the highest point of the roof beams in the case of flat roofs, and for high-pitched roof s the average of the height of the gable shall be taken as the highest point of the building. In case a wall is carried on iron or steel girders or iron or steel girders and columns, or piers of masonry, the measuretnents, as to height for the wall, may be take?i from the top of such girder. When the walls of a structure do not adjoin the street, then the average level for the ground adjoining the walls may be taken instead of the street curb level for the height of such structure. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 482, as amended by L. 1892, ch. 275, ^ 18. Measurement for width of buildings. § 7. For the purposes of this Code, the greatest linear dimension of any building shall be considered its length and the next greatest linear dimension its width. Revised from New York City Consolidation Act, L. 1882, ch. 410, g 482, as amended by L. 1892, ch. 275, § 18. This section has been entirely rewritten. Under the former law the width of buildings was determined by the way the beams were pUced; the lengthwise of the beams being taken to be the width- wise of the building. Buildings Classified. 5 Private dwellings, detinition of. § 8. A private dwelling shall be taken to mean and include every building which shall be intended or designed for, or used as, the home or residence of not more than two separate and distinct fami- lies or households, and in which not more than fifteen rooms shall be used for the accommodation of boarders, and no part of which structure shall be used as a store or for any business purpose. Two or more such dwellings may be connected on each story when used for boarding purposes, provided the halls and stairs of each house shall be left unaltered. Any such building hereafter erected shall not cover more than ninety per cent, of the lot area. New. Apartment houses, definition of. § 9. An apartment house shall be taken to mean and include every building which shall be intended or designed for, or used as the home or residence of three or more families or households, living independently of each other, and in which every such family or household shall have provided for it a kitchen, set bath tub and water closet, separate and apart from any other. Any such building hereafter erected shall not cover any greater percentage of a lot than is lawful to be covered by a tenement house, and the require- ments for light and ventilation for a tenement house shall also apply to an apartment house. New. Hotel, definition of. § 10. A hotel shall be taken to mean and include every building, or part thereof, intended, designed or used for supplying food and shelter to residents or guests, and having a general public dining- room or a cafe, or both, and containing also more than fifteen sleep- ing rooms above the first story. Whenever any such building hereafter erected shall be located on any other than a corner lot or plot, it shall not cover in the aggregate more than 90 per cent, of the area of such lot or plot at and above the second story floor level, if not more than five stories in height, and two and one-half per cent, less for every additional story in height and on a corner lot, when covering an area of not more than 3,000 square feet, it shall not occupy more than 95 per cent, of the area of such lot at and above the second story level. In case any such building is to occupy a number of lots, the Commissioner of Buildings having jurisdiction may allov^ the free air space, proportioned as herein stated, to be distributed in such manner as, in his opinion, will equally as well secure light and ventilation. New. 6 Quality of Materials. Office buildings, definition of. § II. An office building siiall be taken to mean and include every building- which shall be divided into rooms above the first story, and' be intended and used for business purposes, and no part of which shall be used for living purposes, excepting only for the janitor and his family. Office buildings when not erected on a corner shall not cover more than 90 per cent, of the lot area, at and above the second story floor level. New. Frame buildings, definition of. § 12. A frame building shall be taken to mean a building or struc- ture of which the exterior walls or a portion thereof shall be con- structed of wood. Buildings sheathed with boards, and partially or entirely covered with four inches of brickwork, shall be deemed to be frame buildings. Wood frames covered with metal shall be deemed to be wood structures. New. PART IV. QUALITY OF MATERIALS. Sec. 13. Brick. 14. Sand. 15. Lime mortar. 16. Cement mortar. 17. Cement and lime mortar. 18. Concrete. 19. Quality of timber. 20. Tests of new materials. 21. Structural material. Brielc. § 13. The brick used in all buildings shall be good, hard, well burnt brick. When old brick are used in any wall they shall be thoroughly cleaned before being used, and shall be whole and good, hard, well burnt brick. Revised from New "Vork City Consolidation Act, L. 1882, ch. 410, §479, as amended by L. 1892, ch. 275, g 15. Sand. § 14. The sand used for mortar in all buildings shall be clean, sharp grit sand, free from loam or dirt, and shall not be finer than the standard samples kept in the office of the Department of Buildings. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 479, as amended by L. 1892, ch. 275, § 15, without material change. Quality of Materials, 7 Lime mortar. § 15. Lime mortar shall be made of one part of lime and not more than four parts of sand. All lime used for mortar shall be thoroughly •burnt, of good quality, and properly slaked before it is mixed with the sand. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 479, as amended by L. 1892, ch. 275, § 15. Cement mortar. § 16. Cement mortar shall be made of cement and sand in the proportion of one part of cement, and not more than three parts of sand, and shall be used immediately after being tnixed. The cement and sand are to be -measured and thoroughly mixed before adding water. Cements must be very finely gound and free from lumps. Cements classed as Portland cement shall be considered to mean such cement as will, when tested neat, after one day set in air be capable of sustaining without rupture a tensile strain of at least 120 pounds per square inch, and after one day in air and six days in water be capable of sustaining without rupture a tensile strain of at least 300 pounds per square inch. Cements other than Portland ■ cement shall be considered to mean such cement as will, when tested neat, after i day set in air be capable of sustaining without rupture a tensile strain of at least 60 pounds per square inch, and after i day in air and 6 da3-s in water be capable of sustaining without rupture a tensile strain of at least 120 pounds per square inch. Said tests are to be made under the supervision of the Com- missioner of Buildings having jurisdiction, at such times as he may determine, and a record of all cements answering the above require- ments shall be kept for public information. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 479, as ^amended by L. 1892, ch. 275, § 15, without change. Cement and lime mortar. 817. Cement and lime mortar mixed shall be made of one part of lime, vne part of cement and not more than three parts of sand to each. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 479. as amended by L. 1892, ch. 275, § 15, without change. Concrete 8 18. Concrete for foundations shall be made of at least one part of .cement, two parts of sand and five parts of clean broken stone, of such size so as to pass in any way through a 2-inch ring, or good clean gravel may be used in the same proportion as broken stone. The ceitent, sand and stone or gravel shall be measured and mixed as is pre- 8 Iron Material Classified. scribed for mortar. All concrete when in place shall be properly rammed and allowed to set without being disturbed. Revised in part from New York City Consolidation Act, L. 1882, ch. 410^ § 479, as amended by L. 1892, ch. 275, § 15. Quality of timber. § 19. All timbers and wood beams used in any building shall be of goes' sound material^ free from rot, large and loose knots, shakes or any imper- fection whereby the strength may be impaired, and be of such size and dimensions as the purposes for which the building is intended require. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 488, as amended by L. 1892, ch. 275, § 24, without change. Tests of new materials. § 20. New structural material of whatever nature shall be sub- jected to such tests to determine its character and quality, as the Commissioner of Buildings for the borough in which the material is to be used shall direct; the tests shall be made under the supervision of said Commissioner, or he maj' direct the architect or owner to file with him a certified copy of the results of tests, such as he may direct shall be made. New Structural material. § 21. Wrought Iron. All wrought iron shall be uniform in char- acter, fibrous, tough and ductile. It shall have an ultimate tensile resistance of not less than 48,000 lbs. per square inch, an elastic limit of not less than 24,000 lbs. per square inch, and an elongation of twenty per cent, in eight inches, when tested in small specimens. Steel. All structural steel shall have an ultimate tensile strength of from 54,000 pounds to 64,000 pounds per square inch. Its elastic limit shall be not less than 32,000 pounds per square inch and a minimum elongation of not less than 20 per cent, in eight inches. Rivet steel shall have an ultimate strength of from 50,000 to 58,000 pounds per square inch. Cast Steel. Shall be made of open hearth steel containing one- quarter to one-half per cent, of carbon, not over eight one-hun- dredths of one per cent, of phosphorus and shall be practically free from blow holes. Cast Iron. Shall be of good foundry mixture, producing a clean, tough, gray iron. Sample bars, five feet long, one inch square, cast in sand moulds, placed on supports four feet six inches apart, shall bear a central load of 450 pounds before breaking. Castings shall be free of serious blow-holes, cinder spots and cold shuts. Ultimate Excavations. 9 tensile strength shall not be less than 16,000 pounds per square inch when tested in small quantities. New. PART V. EXCAVATIONS AND FOUNDATIONS. Sec. 22. Excavations. 23. Bearing capacity of soil. 24. Pressure under footings of foundations. 25. Foundations. 26. Foundation walls. Excavations. § 22. All excavations for buildings shall be properly guarded and protected so as to prevent t?ie same from becoming dangerous to life or limb and shall be sheath-piled where necessary to preve7it the adjoining earth from caving in, by the person or persons causing the excavations to be made. Plans filed in the Department of Buildings shall be accompanied by a statement of the character of the soil at the level of the footings. Whenever an excavation of either earth or rock for building or other purposes, shall be intended to be, or shall be carried to the depth of more than ten feet below the curb, the person or persons causing such excavation to be made shall at all times, from the comme7icement until the completion thereof, if afforded the necessary license to enter upon the adjoining land and not otherwise, at his or their own expense preserve any adjoinifig or contiguous wall or walls, structure or structures from injury, and support the same by proper foundations, so that the said wall or walls, structure or structures, shall be and remain practically as safe as before such excavation was commenced, whether the said adjoining or contiguous wall or walls', structure or structures, are down more or less than ten feet below the curb. If the necessary license is not accorded to the person or persons making such excavation, then it shall be the duty of the owner refusing to grant such license to make the adjoining or contiguous wall or walls, structure or struc- tures, safe, and support the same by proper foundations so that adjoining excavations maybe made, and shall be permitted to enter upon the premises where such excavation is being made for that purpose, when necessary. If such excavation shall not be intended to be or shall not be, carried to a depth of more than ten feet below the curb, the owner or owners of such adjoining or contiguous wall or walls, struc- ture or structures, shall preserve the same from injury , and so support the same by proper foundations that it or they shall be and remain practi- cally as safe as before such excavation was commenced, and shall be per- mitted to enter upon the premises where such excavation is being made for that purpose, when necessary. In case an adjoining party wall is intended to be used by the person or lo Excavations. persons causing the excavation to be made, and such party wall is in good condition and sufficient for the uses of the adjoining building, thefi and in such case the person or persons causing the excavations to be made shall, at his or their own expense, preserve such party wall from injury and sup- port the same by proper foundations, so that said party wall shall be and remain practically as safe as before the excavation was commenced. If the person or persons whose duty it shall be to preserve or protect any wall or walls, structure or structures, from injury shall neglect or fail so to do after having had a notice of twenty-four hours from the Depart- ment of Buildings, then the Commissioner of Buildings may enter upon the premises and employ such labor, and furnish such materials, and take such steps as, in his judgment, may be necessary to make the same safe and secure, or to prez)ent the same from becoming unsafe or dangerous, at the expense of the person or persons whose duty it is to keep the same safe and secure. Any party doing the said work, or any part thereof , under and by direction of the said Department of Buildings, may bring and 7naintain an action against the person or persons last herein referred to, to recover the value of the work done and materials furnished in and about the said premises in the same manner as if he had been employed to do the said work ■by the said person or persons. When an excavation is made on any lot, the person or persons causing such excavation to be made shall build, at his or their own cost and expense, a retaining-wall to support the adjoin- ing earth ; and such retaining-wall shall be carried to the height of the adjoining earth, and be properly protected by coping. The thickness of a retaining-wall at its base shall be in no case less than one-fourth of its height. Revised from New York City Consolidation Act L. 1882 ch. 410, § 473, as amended by L. 1892, ch. 275, § 9. Under the common law, the the license as required by this section, owner of land, in making an excava- has shored up a party wall and re- lion which might endanger a building moved the foundation thereof, he may, on a neighbor's land, w-as bound to use notwithstanding -a revocation of the only reasonable care and only liable for license, proceed and build up a new negligence; he was under no obligation foundation wall so as to sustain the to shore up his neighbor's house, or party wall, and for that purpose has give him notice of his intention to ex- the right to enter upon so much of the cavate ; but by this section the common- adjoining premises as is necessary, and law liability was modified by affording until his work is done, if he proceed to owners of buildings a new protec- with reasonable dispatch and does it in tion against injuries from excavations a good, workmanlike manner, with as on adjoining' lands. Dorrity v. Rapp, little inconvenience and injury as pos- 72 N. Y. 307, 310. sible to the adjoining occupant, he may In order to subject the person ex. not be regarded as a trespasser, nor cavating to the expense of preserving can he be required to remove the sup- wall on adjoining land, he must be ports to the wall. Ketcham v. New- afforded the necessary license, which man, 116 N. Y. 422. must be explicit and sufficient to pro- It seems that if the license or tect him, and be given by all persons permission to enter to support the wall who would be injured by such acts, is withholden, the parties stand upon Sherwood v. Seaman, 2 Bosw. 127. their common-law rights. Johnson v. When a party, having obtained Oppenheim, 55 N. Y. 280, 286. Sustaining Power of Soil. ii Theduty of the party making the do, he is liable for the damages. Dor- 'excavation to support an adjoining wall rity v. Rapp, 72 N. Y. 307; 4 Abb. N. C, -does not cease at the completion of 292, rev'g 11 Hun, 374; Cohen v. Sim- rthe excavation, but he is also bound mons, 66 Hun, 634; 21 N'. Y. Supp. 385; to so protect the wall from injurry by aff'd in 142 N. Y. 671. reason of the structure put into the That the excavation was made excavation, that the adjoining wall by a contractor does not exempt the remain as stable as before the excava- owner of the land from 'the liability tion was commenced. Bernheimer v. under the statute. Dorrity v. Rapp, 72 Kilpatrick, 53 Hun, 316; 6 N. Y. Supp. N. Y. 307. 558. The provision of this section re- The license to enter on adjoining quiring an owner, excavating below ten land to protect a wall from injury need feet, to protect his neighbor's wall does not be proferred or tendered by the not apply to excavations made in the ■owner of the adjoining land in order street under the direction of the muni- •that he may receive the benefit of this cipal authorities. Jencks v. Kenny, 19 •statute; but it is incumbent upon the N. Y. Supp. 243; 28 Abb. N. C. 154; party causing the excavation to be compare note to 28 Abb. N. C. 155. made to request permission to enter to See McKenzie v. Hatton, 141 N. support the wall, and if he fails so to Y. 8; aff'g 70 Hun, 143. Bearing capacity of soil. § 23. Where no test of the sustaining power of the soil is made, different soils, excluding mud, at the bottom of the footings shall be deemed to safely sustain the following loads to the superficial foot, namely: Soft clay, one ton per square foot; ordinary clay and sand together, in layers, wet and springy, two tons per square foot; loam, clay or fine sand, firm and dry, three tons per square foot; very firm, coarse sand, stiff gravel or hard clay, four tons per square foot, or as otherwise determined by the Commissioner of Buildings having jurisdiction. Where a test is made of the sustaining power of the soil the Commissioner of Buildings shall be notified so that he may be present in person or by representative. The record of the test shall be filed in the Department of Buildings. When a doubt arises as to the safe sustaining power of the earth upon which a building is to be erected the Department of Buildings may order borings to be made, or direct the sustaining power of the soil to be tested by .and at the expense of the owner of the proposed building. New. Pressure under footings of foundations. § 24. The loads exerting pressure under the footings of founda- tions in buildings more than three (3) stories in height are to be com- puted as follows: For warehouses and factories they are to be the full dead load and the full live load established by section 130 of this Code. In stores and buildings for light manufacturing purposes they are to be the full dead load and seventy-five per cent, of the live load established by section 130 of this Code. In churches, school-houses and places of public amusement or assembly, they are to be the full dead load and seventy-five per cent, of the live load established by section 130 of this Code. 12 ^Foundations. In office buildings, hotels, dwellings, apartment-houses, tenement- houses, lodging-houses and stables they are to be the full dead load and sixty per cent, of the live load established by section 130 of this Code. Footings shall be so designed that the loads will be as nearly uni- form as possible and not in excess of the safe bearing capacity of the soil, as established by section 23 of this Code. New. Foundations. § 25. Every building except buildings ei'ected upon solid rock or build- ings erected upon wharves and piers on the water front, shall have founda- tio?is of brick, stone, iron, steel or concrete laid not less than four feet below the surface of the earth, on the solid ground or level surface of rock, or upon piles or ranging timbers when solid earth or rock is not found. Piles intended to sustain a wall, pier or post, shall be spaced not more than thirty-six or less than twenty inches on centres, and they shall be driven to a solid bearing if practicable to do so, and the number of such piles shall be sufficient to support the superstructure proposed. No pile shall be used of less dimensions than five inches at the small end and ten inches at the butt for short piles, or piles twenty feet or less in length, and twelve inches at the butt for long piles, or piles more than twenty feet in length. No pile shall be weighted with a load exceeding forty thousand pounds. When a pile is not driven to refusal, its safe sustaining power shall be determined by the follow- ing formula: Twice the weight of the hammer in tons multiplied by the height of the fall in feet divided by least penetration of pile under the last blow in inches plus one. The Commissioner of Build- ings shall be notified of the time when such test piles will be driven, that he may be present in person or by representative. The tops of all piles shall be cut off below the lowest water line. When required, concrete shall be rammed doiun in the interspaces between the heads of the piles to a depth and thickness of not less than twelve inches and for one foot in ividth outside of the piles. Where ranging and capping timbers are laid on piles for foundations, they shall be of hard wood not less than six inches thick and properly joined together, and their tops laid below the lowest water line. Where metal is incorporated in or forms part of a foundation it shall be thoroughly protected from rust by paint, asphaltum, concrete, or by such materials and in such manner as may be approved by the Commissioner of Buildings. When footings of iron or steel for columns are placed below the 7vater level, they shall be similarly coated, or inclosed in concrete, for preservation against rust. When foundations are carried down through earth by piers of stone, brick or concrete in caissons, the loads on same shall be not more than fifteen tons to the square foot when carried down to rock; ten Foundation Walls. ' 13 tons to the square foot when carried down to firm gravel or hard clay; eight tons to the square foot in open caissons or sheet pile trenches when carried down to rock. Wood piles may be used for the foundations under frame buildings built over the water or on salt meadow land, in which case the piles may project above the water a sufficient height to raise the building above high tide, and the building may be placed directly thereon without other foundation. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 474, as amended by L. 1892, ch. 275, § 10. Foundation walls. § 26. Foundation walls shall be construed to include all walls and piers' built below the curb level, or nearest tier of beams to the curb, to serve as supports for walls, piers, columns, girders, posts or beams. Foundation walls shall be built of stone, brick, Portland cement concrete, iron or steel. If built of rubble stone, or Portland cement concrete, they shall be at least eight inches thicker than the wall next above them to a depth of twelve feet below the curb level; and for every additional ten feet, or part thereof, deeper, they shall be increased four inches in thickness. If built of brick, they shall be at least four inches thicker than the wall next above them to a depth of twelve feet below the curb level; and for every additional ten feet, or part thereof, deeper, they shall be increased four inches in thickness. The footing or base course shall be of stone or concrete, or both, or of concrete and stepped-up brickwork, of sufficient thickness and area to safely bear the weight to be imposed thereon. If the footing or base course be of concrete, the concrete shall not be less than twelve inches thick. If of stone, the stones shall not be less than two by three feet, and at least eight inches in thickness for walls; and not less than ten iitches i)i thickness if under piers, columns or posts; the footing or base course, whether formed of concrete or stone, shall be at least twelve inches wider than the bottom width of walls, and at least twelve inches wider on all sides than the bottorn width of said piers, columns or posts. If the superimposed load is such as to cause undue transverse strain on a footing projecting twelve inches, the thickness of such footing is to be increased so as to carry the load with safety. For small struc- tures and for small piers sustaining light loads, the Commissioner of Buildings having jurisdiction may, in his discretion, allow a reduc- tion in the thickness and projection for footings or base courses herein specified. All base stones shall be well bedded and laid crosswise, edge to edge. If stepped-up footings of brick are used in place of stone, above the con- crete, the off -sets, if laid in single courses, shall each not exceed one and one-half inches, or if laid in double courses, then each shall not exceed three inches, offsetting the first course of brickwork, back one-half the 14 Foundation Walls. thickness of the concrete base, so as to properly distribute the load to be imposed thereon. If ^ in place of a continuous foundation wall, isolated piers are to be built to support the superstructure, where the nature of the ground and the character of the building make it necessary, in the opinion of the Commissioner of Buildings having jurisdiction, inverted arches resting, on a proper bed of concrete, both designed to transmit with safety the superimposed loads, shall be turned between the piers. The thrust of the outer piers shall be taken up by suitable wrought iron or steel, rods and plates. Grillage beams of wrought iron or steel resting on a proper con- crete bed may be used. Such beams must be provided with separa- tors and bolts inclosed and filled solid between with concrete and of such sizes and so arranged as to transmit with safety the superim- posed loads. All stone walls twenty-four incites or less in thickness shall have at least one header extending through the wall in every three feet in height from: the bottom of the wall, and in every three feet in length, and if over twenty-four inches in thickness, shall have one header for every six super- ficial feet on both sides of the wall, laid on top of each other to bond together, and running into the wall at least two feet. All headers shall be at least twelve inches in width and eight inches in thickness and consist of good flat stones. No stone shall be laid in such walls in any other position than on its natural bed. No stone shall be used that does not bond or extend into the wall at least six inches. Stones shall be firmly bedded in cement mortar and all spaces and joints thoroughly filled. Revised from New York City Consolidation Act, L. 1S82, ch. 410, § 474, as. amended by L. 1892, ch. 275, § 10. PART VI. WALLS, PIERS AND PARTITIONS. Sec. 27. Materials of walls. 28. Walls and piers. 29. Ashlar. 30. Mortar for walls and ashlar. 31. Walls for dwelling-houses. 32. Walls for warehoiises. 33. Increased thickness of walls for buildings more than one hundredl and five feet in depth 34. Reduced thickness for interior walls. 35. One-story brick buildings. 36. Inclosure walls for skeleton structures. Walls. 15. Sec. 37. Curtain walls. 38. Existing party walls. 39. Lining existing walls. 40. Walls of unfinished buildings. 41. Walls tied, anchored and braced. 42. Arches and lintels. 43. Parapet walls. 44. Hollow walls. 45. Hollow bricks on inside of walls. 46. Recesses and chases in walls. 47. Furred walls. 48. Light and vent shafts. 49. Briclc and hollow tile partitions. 50. Cellar partitions in residence buildings. 51. Main stud partitions. 52. Timber in walls prohibited. Materials of walls. § 27. The walls of all buildings, other than frame or wood buildings, shall be constructed of stone, brick, Portland cement, concrete, iron, steel or other hard, incombustible material, and the several component parts of such buildings shall be as herein provided. All buildings shall be inclosed on all sides with independent or party walls. Revised in part from New York City Consolidation Act, L. i882, ch. 410, g 472, as amended by L. 1892, ch. 275, § 8. Walls and piers. § 28. In all walls of the thickness specified in this code, the same amount of materials may be used in piers or buttresses. Bearing walls shall be taken to mean those walls on which the beams, girders or trusses rest. If any horizontal section through any part of any bearing wall in any building shows more than thirty per centum area of flues and openings, the said wall shall be increased four inches in thickness for every fifteen /fr centum, or fraction thereof, or flues or opening area in excess of thirty per centum. The walls and piers of all buildings shall be properly and solidly bonded together with close joints filled with mortar. They shall be built to a line and be carried up plumb and straight. The walls of each story shall be built up the full thickness to the top of the beams above. All brick laid in non-freezing weather shall be well wet before being laid. Walls or piers, or parts of walls and piers, shall not be built in freezing weather, and if frozen, shall not be built upon. All piers shall be built of stone or good, hard, well burnt brick laid in cement mortar.. Every pier built of brick, containing less than nine super- ficial feet at the base, supporting any beam, girder, arch or column on which a wall rests, or lintel spanning an opening over ten feet and sup- porting a wall, shall at intervals of not over thirty inches apart in height i6 Brick Walls. have built into it a bond stone not less than four inches thick, or a cast-iron plate of sufficient strength, and the full size of the piers. For piers fronting on a street the bond stones may conform with the kind of stone used for the trimmitigs of the front. Cap stones of cut granite or blue stone, proportioned to the weight to be carried, but not less than five inches in thickness, by the full size of the pier, or cast-iron plates of equal strength by the full size of the pier, shall be set under all columns or girders, except where a four-inch bond stone is placed immediately below said cap stone, in which case the cap stone may be reduced in horizontal dimensions at the discretion of the Commis- sioner of Buildings havmg jurisdiction. Isolated brick piers shall not exceed in height ten times their least dimensions. Stone posts for the sup- port of posts or columns above shall not be used in the interior of any build- ing. Where avails or piers are built of coursed stones, with dressed level beds and vertical joints, the department of buildings shall have the right to allow such walls or piers to be built of a less thickness than specified for brickwork, but in no case shall said walls or piers be less than three-quar- ters of the thickness provided for brickwork. In all brick walls every sixth course shall be a heading course, except where walls are faced with brick in running bond, in which latter case, every sixth course shall be bonded into the backing by cutting the course of the face brick and putting in diagonal headers behind the same, or by splitting the face brick in half and backing the same with a con- tinuous row of headers. Where face brick is used of a different thickness from the brick used for the backing, the courses of the exterior and interior brick work shall be brought to a level bed at intervals of not more than ten courses in height of the face brick, and the face brick shall be properly tied to the backing by a heading course of the face brick. All bearing walls faced with brick laid in running bond shall be four inches thicker than the walls are required to be under any section of this Code. Revised in part from New York Consolidalion Act, L. 1882, ch. 410, § 478, as amended by L. 1892, ch. 275, § 14. Ashlar. § 29. Stone used for the facing of any building, and known as ashlar, shall not be less than four inches thick. Stone ashlar shall be anchored to the backing and the backing shall be of such thickness as to make the walls, independent of the ashlar, conform as to the thickness with the requirements of sections 31 and 32 ^/ this Code, unless the ashlar be at least eight inches thick and bonded into the backing, and then it may be counted as part of the thickness of the wall. Iron ashlar plates used in imitation of stone ashlar on the face of a Walls of Dwelling Houses. 17 -wall shall be backed up with the same thickness of brickwork as stone • ashlar. Revised from New York Consolidation Act, L. 1S82, ch. 410, § 478, as -amended by L. 1892, ch. 275, § 14. Mortap for walls and ashlar. § 30. All foundation walls, isolated piers, parapet walls and chim- neys above roofs shall be laid in cement mortar, but this shall not prohibit the use in cold weather of a small proportion of lime to pre- vent the mortar from freezing. All other walls built of brick or stone shall be laid in lime, cement, or lime and cement mortar mixed. The backing up of all stone ashlar shall be laid up with cement mortar, or cement and lime mortar mixed, but the back of the ashlar may be parged with lime mortar to prevent discoloration of the stone. New. Walls for dwelling-houses. § 31. The expression " walls for dwelling-houses " shall be taken to mean and include in this class walls for the following buildings: Dwellings, asylums, apartment-houses, convents, club-houses, dormitories, hospitals, hotels, lodging-houses, tenements, parish buildings, schools, laboratories, studios. The walls above the basement of dwelling-houses not over three stories and basement in height, nor more than forty feet in height, and not over twenty feet in width, and not over fifty-five feet in ■depth, shall have side and party walls not less than eight inches thick, and front and rear walls not less than twelve inches thick. AH walls of dwellings exceeding twenty feet in width and not exceed- ing forty feet in height, shall be not less than twelve inches thick. All walls of dwellings twenty-six feet or less in width between bear- ing walls which are hereafter erected or which may be altered to be used for dwellings and being over forty feet in height and not over fifty feet in height, shall be not less than twelve inches thick above the foundation wall. No wall shall be built having a twelve-inch thick portion measuring vertically more than fifty feet. If over fifty feet in Jieight and not over sixty feet in height the wall shall be not less than six- teen inches thick in the story next above the foundation-walls and from thence not less than twelve inches to the top. If over sixty feet in height, and not over seventy-five feet in height the walls shall be not less than sixteen inches thick above the foundation-walls to the height of twenty-five feet, or to the nearest tier of beams to that height., and from thence not less than twelve inches thick to the top. If over seventy-five feet in height, and not over one )\vxi6.x&A feet in height, the walls shall be not Jess than twenty inches thick above the foundation walls to the height of 2 1 8 Walls of Dwelling Houses. iorty feet, or to the nearest tier of beams to that height, thence not less than sixteen inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, and thence not less than twelve inches thick to the top. If over one hundred feet in height and not over one hundred and twenty-five /(f^/' in height, the walls shall be not less tha?i twenty- four ifiches thick above the foundation vi'alls to the height of forty feet, or to the nearest tier of beams to that height, thence not less than twenty inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, thence not less than sixteen inches thick to the height of one hundred and ten feet, or to the nearest tier of beams to that height, and thence not less than twelve inches thick to the top. If over one hundred and tvi&aty-hve feet in height a?id 7iot oiier onu hundred and fifty feet in height, the walls shall be not less than twenty-eight inches thick above the foundation walls to the height of thirty /If^/, or to the nearest tier of beams to that height; thence not less than twenty-four inches thick to the height of sixty -five /if .f^, or to the nearest tier of beams to that height; thence tiot less than twenty inches thick to the height of one hun- dred feet, or to the nearest tier of beams to that height, thence not less than sixteen inches thick to the height of one hundred and thirty-five feet, or to the nearest tier of beams to that height, and thence not less than twelve inches thick to the top. If over one hundred and fifty feet in height, each additional thirty _/er one hun- dred feet in height, the walls shall not be less than twenty-four inches thick above the foundation walls to the height of iorty feet, or /o the nearest tier of beams to that height, thence not less than twenty inches thick to. the height of seventy-five feet, or to the nearest tier or beams to that height, and thence not less than sixteen inches thick to the top. If over one hun- dred feet in height, and not over one hundred and twenty-five /i?f^ in height, the wall shall be not less tlian twenty-eight inches thick above the foundation walls to the height of ioriy feet, or to the nearest tier of beams to that height, thence not less than twenty-four inches thick to the height of 20 Walls of Warehouses. seventy-five feet, or to the nearest tier or beams to that height, thence not less than twenty inches thick to the height of one hundred and ttn feet, or to the nearest tier of beams to that height, and thence not less than six- teen inches thick to the top. If over one hundred and twenty-five feet in height, and not over one hundred and fifty feet the walls shall be not less than thirty-two inches thick above the foundation walls to the height of thirty feet, or to the nearest tier of beams to that height, thence not less than twenty-eight inches thick to the height of sixty-five feet or to the nearest tier of beams to that height, thence not less than twenty-four inches thick to the height of one hundred feet, or to the nearest tier of beams to that height, thence not less than twenty inches thick to the height of one hundred and thirty- five feet, or to the nearest tier of beams to that height, and thence not less than sixteen inches thick to the top. If over one hundred and fifty feet in height, each additional twenty -five feet in height, or part thereof next above the foundation walls shall be increased four inches in thickness, to the upper one hundred and fifty feet of wall remaining the same as specified for a wall of that height. If there is to be a clear span of over twenty -five feet between the bearing walls, such walls shall be four inches more in thickness than in this section specified, for every twelve and otie-half feet, or fraction thereof, that said walls are more than twenty-five feet apart, or shall have instead of the increased thickness such piers or buttresses as, in the judgment of the Commissioner of Buildings, may be necessary. The walls of buildings of a public character shall be not less than in this Code specified for warehouses with such piers or such buttresses, or supplemental columns of iron or steel, as in the judg- ment of the Commissioner of Buildings having jurisdiction may be necessary to make a safe and substantial building. In all stores, warehouses and factories over twenty-five feet in width between walls there shall be brick partition walls, or girders supported on iron, steel, or wood columns, or piers of masonry. In all stores, warehouses, or factories, in case iron, steel, or wood girders, supported by iron, steel or wood columns, or piers of masonry, are used in place of brick partition walls, the building may be seventy-five feet wide and two hundred and ten feet deep, when extending from street to street, or when otherwise located may cover an area of not more than eight thousand superficial feet. When a building fronts on three streets it may be a hundred and five feet wide and two hundred and ten feet deep, or if a corner building fronting on two streets it may cover an area of not more than twelve thousand five hundred superficial feet; but in no case wider nor deeper, nor to cover a greater area, except in the case of fireproof buildings. An area greater than herein stated may, considering location and pur- Thickness of Walls. 21 pose, be allowed by the Board of Buildings when the proposed build- ing does not exceed three stories in height. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 477, as amended by L. 1892, ch. 275, ^5 13. Inepeased thickness of walls for buildings more than one hundred and five feet in depth. § s^. AH buildings, not excepting dwellings, that are over one hutidred and five feet in depth, without a crosswall or proper piers or buttresses, shall have the side or bearing walls increased in thickness four inches more than is specified in the respective sections of this Code for the thickness of walls for every one hundred and five feet, or part thereof, that the said buildings are over one hundred and five feet in depth. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 477, as amended by L. 1892, ch. 275, § 13. Reduced thickness for intepior walls. § 34. In case the walls of any building are less than twenty-five feet apart, and less than forty feet in depth, or there are crosswalls which intersect the walls, not more than forty feet distant, or piers or buttresses built into the walls, the interior walls may be reduced in thickness in just proportion to the number of crosswalls, piers or buttresses, and their near- ness to each other ; provided, however, that this clause shall not apply to walls belo7v sixty feet in height, and that no such wall shall be less than twelve inches thick at the top, and gradually increased in thickness by set- offs to the bottom. The Commissioner of Buildings having jurisdiction is hereby authorized and empowered to decide {except where herein otherwise provided for') how much the walls hereiii mentioned may be permitted to be reduced in thickness, according to the peculiar circumstances of each case, without endangering the strength and safety of the building. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 477, as amended by L. 1892, ch. 275, g 13, without change. One-stopy brick buildings. § 35. One- story structures not exceeding a height of fifteen feet may be built with eight-inch walls when the bearing walls are not more than nine- teen feet apart and the length of the eight-inch bearing walls does not exceed fifty-five feet. One-story and basement extensions may be built with eight-inch walls when not over twenty feet wide, twenty feet deep and twenty feet high to dwellings. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 477, as amended by L. 1892, ch. 275, § 13. Inclosupe walls for skeleton structures. § 36. Walls of brick built in between iron or steel columns, and supported wholly or in part on iron or steel girders, shall be not less 22 Thickness of Walls. than twelve inches thick for seventy-five feet of the uppermost height thereof, or to the nearest tier of beams to that measurement, in any building so constructed, and every lower section of sixty feet or to the nearest tier of beams to such vertical measurement, or part thereof, shall have a thickness of four inches more than is required for the section next above it down to the tier of beams nearest to the curb level; and thence downward, the thickness of walls shall increase in the ratio prescribed in Section 26, this Code. Revised from New York City Consolidation Act, L. 1882, ch. 410, S 477i as amended by L. i8g2, ch. 275, § 13. Curtain walls. § 37. Curtain walls built in between piers or iron or steel columns and not supported on steel or iron girders, shall not be less than twelve inches thick for sixty feet of the uppermost height thereof, or nearest tier of beams to that height, and increased four inches for every additional section of sixty feet or nearest tier of beams to that height. New. Existing party walls. § 38. JValls heretofore built for or used as party walls, whose thickness at the time of their erection was in accordance with the requirements of the then existing laws, but which are not in accordance with the requirements of this Code, may be used, if in good condition, for the ordinary uses of party walls, provided the height of the same be not increased. Revised from New Yorlc Consolidation Act. L. 1882, ch. 410, § 478, as amended by L. 1892, ch. 275, ^ 14. Lining existing walls. § 39. In case it is desired to increase the height of existing party or independent walls, which are less in thickness than required under this Code, the same shall be done by a lining of brickwork to form a combined thickness with the old wall of not less than four inches more than the thick- ness required for a new wall corresponding with the total height of the wall when so increased in height. The said linings shall be supported on proper foundations and carried up to such height as the Commissioner of Build- ings having jurisdiction may require. No lining shall be less than eight inches in thickness, and all lining shall be laid up in cement mortar and thoroughly anchored to the old brick walls with suitable tvrought-iron anchors, placed two feet apart and properly fastened or driven into the old walls in rows alternating vertically and horizontally with each other, the old walls being first cleaned of plaster or other coatings where any lining Walls, How Tied and Braced. 23 is to be built against the same. No rubble wall shall be lined except after inspection and approval by the Department. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 478, as amended by L. 1892, ch. 275, § 14. Walls of unfinished buildings. § 40. Any building, the erection of which was commenced in accordance with specifications and plans submitted to and approved by the Department of Buildings prior to the passage of this Code, if properly constructed, and in safe condition, may be completed, or built upon in accordance with the requirements of law, as to thickness of walls, in force at the time when such specification and plans were approved. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 478, as amended by L. 1892, ch. 275, § 14, without change. Walls tied, anchored and braced. § 41. In no case shall any wall or walls of any building be carried up more than two stories in advance of any other wall, except by permission of the Commissioner of Buildings having jurisdiction, but this prohi- bition shall not include the inclosure walls for skeleton buildings. The front, rear, side and party walls shall be properly bonded together, or anchored to each other every six feet in their height by wrought-iron tie anchors, not less than one and a half inches by three-eighths of an inch in size and not less than twenty-four inches in length. The side ancliors sliall be built into the side or party walls not less than sixteen inches, and into the front and rear walls, so as to secure the front and rear walls to the side, or party walls, when not built and bonded together. All exterior piers shall be anchored to the beams or girders on the level of each tier. The walls and beams of every building during the e::ection or alteration thereof, shall be strongly braced from the beams of each story, and when required, shall also be braced from the outside, until the building is inclosed. The roof tier of wood beams shall be safely anchored, with plank or joist, to the beams of the story below until the building is inclosed. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 478, as amended by L. 1892, ch. 27--, S 14- Arches and lintels. • § 42. Openings for doors and windows in all buildings sJiall have good and sufficient arches of stone, brick, or terra-cotta, well built and keyed with good and sufficient abutments, or lintels of stone, iron or steel of sufficient strength, which shall have a bearing at each end of not less than five inches on the wall. On the inside of all openings in which lintels shall be less than the thickness of the wall to be supported, there shall be timber lintels, which shall rest at each end not more than 24 Parapet and Hollow Walls. three inches on any wall, which shall be chamfered at each end, and shall' have a suitable arch turned over the timber lintel. Or the inside lintel may be of cast iron, or wrought iron or steel, and in such case stone- blocks or cast iron plates shall not be required at the ends where the lintel rests on the walls, provided the opening is not more than six feet in width - All masonry arches shall be capable of sustaining the weight and pressure which they are designed to carry, and the stress at any point shall not exceed the working stress for the material used, as given in section 139 of this Code. Tie rods shall be used where necessary to secure stability. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 481, as- amended by L. 1892, ch. 275, § 17. Parapet walls. § 43. All exterior and division or party walls over fifteen feet high, excepting where such walls are to be fiiiished with cornices, gutters or crown moldings, shall have parapet walls not less than eight inches in thickness and carried two feet above the roof, but for warehouses, factories, stores and other buildings used for commercial or manu- facturing purposes the parapet walls shall be not less than twelve inches in thickness and carried three feet above the roof, and all such walls shall be coped with stone, terra cotta or cast iron. Revised from New Yorli City Consolidation Act, L. 1882, ch. 410, § 479, as amended by L. 1892, ch.. 275, § 15. Hollow walls. § 44. In all walls that are built hollow the same quantity of stone, brick or concrete shall be used in their construction as if they were built solid, as in this Code provided, and no hollow wall shall be built unless the parts of same are connected by proper ties, either of brick, stone or iroti, placed not over twenty-four inches apart. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 479, as amended by L. 1892, ch. 275, § 15. Hollow bFieks on inside of walls. § 45 . The inside four inches of all walls may be built of hard-burnt hollow brick, properly tied and bonded into the walls, and of the dimen- sions of ordinary bricks. Where hollow tile or porous terra-cotta blocks arff used as lining or furring for walls, they shall not be included in the measurement of the thickness of such walls. Revised in part from New York City Consolidation Act, L. 1882, ch. 410,. § 479, as amended by L. 1892, ch. 275, § 15. Recesses and. chases in walls. § 46. Recesses for stairways or elevators may be left in the foundation or cellar walls of all buildings, but in no case shall the Recesses in Walls. 25 walls be of less thickness than the walls of the fourth story, unless reinforced b)' additional piers with iron or steel girders, or iron or steel columns and girders, securely anchored to walls on each side. Recesses for alcoves and similar purposes shall haVe not less than eight inches of brickwork at the back of such recesses, and such recesses shall be not more than eight feet in width, and shall be arched over or spanned with iron or steel lintels, and not carried up higher than eighteen inches below the bottom of the beams of the floor next above. No chase for water or other pipes shall be made in any pier, and in no wall more than one-third of its thickness. The chases around said pipe or pipes shall be filled up with solid masonry for the space of one foot at the top and bottom of each story. No horizontal recess or chase in any wall shall be allowed exceeding four feet in length without permission cf the Com- missioner of Buildings having jurisdiction. The aggregate area of recesses and chases in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story, nor shall any such recess be made within a distance of six feet from any other recess in the same wall. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 479, amended by L. 1892, ch. 275, § ij. Furred walls. § 47. In all walls furred with wood the brickwork between the ends of wood beams shall project the thickness of the furring beyond the inner face of the walls for the full depth of the beams. Revised from New York City Consolidation Act, L. 1882, ch. 4:0, § 479, as amended by L. 1892, ch. 275, § 15. Light and vent shafts. I 48. In every building hereafter erected or altered, all the walls or partitions forming interior light or vent shafts shall be built of brick, or such other fireproof materials as may be approved by the Commissioner of Buildings having jurisdiction. The walls of all light or vent shafts, whether exterior or interior, hereafter erected, shall be carried up not less than three feet above the level of the roof, and the brick walls coped as other parapet walls. Vent shafts to light interior bath-rooms in private dwellings may be built of wood, filled in solidly with brick or hard-burnt clay blocks, when extending through not more than one story in height, and carried not less than two feet above the roof, covered with a ventilating skylight of metal and glass. Revised from New York City Consolidation Act, L. 1882, ch. 410, g 480, as amended by L. 1892, ch. 275, § 16. Brick and hollow tile partitions. § 49. Eight-inch brick and six-inch and four-inch hollow tile partitions of hard-burnt clay or porous terra-cotta may be built, not exceeding in their 26 Partitions in Buildings. vertical portions a measurement of fifty, thirty-six and twenty- four feet respectively, and in their horizontal measurement a length not exceeding seventy-five feet, unless strengthened by proper cross-walls, piers or but- tresses, or built in iron or steel framework. All such partitions shall be carried on proper foundations, or on iron or %t&z\ girders, or on iron or steel girders and columns or piers or masonry. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 480, as amended by L. 1892, ch. 275, § 16. Cellar partitions in residence buildings, § 50. One line of fore and aft partitions in the cellar or lowest story, supporting stud partitions above, in all residence buildings over twenty feet between bearing walls in the cellar or lower story, hereafter erected, shall be constructed of brick, not less than eight inches thick, or piers of brick with openings arched over below the under side of the first tier of beams, or girders of iron or steel and iron columns, or piers of masonry may be used; or if iron or steel floor beams spanning the distance between bearing walls are used of adequate strength to support the stud partitions above in addition to the floor load to be sustained by the said iron or steel beams, then the fore and aft brick partition, or its equivalent, may be omitted. Stud partitions which may be placed in the cellar or lowest story of any building, shall have good solid stone or brick foundation walls under the same, which shall be built up to. the top of the floor beams or sleepers, and the sills of said partitions shall be of locust or other suitable hard wood; but if the walls are built five inches higher of brick than the top of the floor beams or sleepers, any wooden sill may be used on which the studs shall be set. Revised in part from New York City Consolidation Act, L. 1882, ch. 410, § 480, as amended by L. 1892, ch. 275, § l6. Main stud partitions. § 51. In residence buildings where fore and aft stud partitions rest directly over each other, they shall run down between the wood floor beams and rest on the top plate of the partition below, and shall have the studding filled in solid between the uprights to the depth of the floor beams, with suitable incombustible materials. Revised in part from New York City Consolidation Act, L. 1882, ch. 480, as amended by L. 1892, ch. 275. Timber in walls prohibited. § 52. No timber shall be tised in any wall of any building, where stone, brick or iron is commonly used, except inside lintels, as herein provided, and brace blocks not more than eight inches in length. Revised from New York City Consolidation Act, L. 1882, ch 410, § 488, as amended by L. 1892, ch. 275, § 24. Heights of Buildings. 27 PART VII. APARTMENT-HOUSES, TENEMENT-HOUSES AND DWELLINGS OF CERTAIN HEIGHTS. Apartment-houses, tenement-houses and dwellings of certain heights. §53. -Every noa-Rreprooi building hereafter erected or alteredior an apartraent-house or tenement-house, five stories in height, or having a basement and four stories in height above a cellar, to be occupied by one or more families on any floor above the first shall have the first floor above the cellar or lowest story constructed flreproof in such manner as required in section 106 of this Code. When any such non-fireproof building, exceeding five stories in height or having a basement and five stories in height above a cellar, has a store on the first story, the entire second story floor shall also be constructed fireproof. No non-fire- proof apartment-house, tenement-house or dwelling-house shall be hereafter erected more than six stories in height, nor exceed a height of seventy-five feet, unless such building has both the first and second story floors constructed fireproof, and then the height shall be not more than seven stories nor exceed eighty-five feet in height. Fireproof apartment-houses or tenement-houses, if constructed entirely in accordance with the requirements of section 105 of this Code, for fireproof construction may be erected to a height not to exceed one hundred and fifty feet but not more than twelve stories in height upon all streets and avenues exceeding seventy-nine feet in width, and one hundred and twenty-five feet but not more than ten stories in height upon all streets and avenues not exceeding seventy-nine feet in width, but any such building when exceeding one hundred feet in height shall be not less than forty feet in width. If any such building shall have a frontage exceeding forty feet and exceeds eighty-five feet in height, it shall have at least two separate fireproof stairways accessible from each apartment, leading from the ground floor to the roof, one of which shall be remote from elevator shafts. The stairs from the cellar or lowest story to the fireproof floor next above, when placed within any such building, shall be located, when practi- cable, to the rear of the staircase leading from the first story to the upper stories, and be inclosed with brick or stone walls, and such stairway shall be provided with self-closing fireproof doors at the top and bottom of said flight of stairs. When such stairway is placed under- neath the first story staircase, it shall be constructed fireproof and be roofed over with fireproof material, and be also inclosed with brick walls, with self-closing fireproof doors at the top and bottom of said flight of stairs. When the stairs from the first story to the cellar or lowest story are .located in an open side court the door leading thereto from the first story 28 Heights of Buildings. may be placed underneath the staircase in the first story, and the strings- and railings of such outside stairs shall be of iron, and if the stairs be inclosed from the weather inco?nbustible tnaterial only shall be used for that purpose. No closet shall be constructed underneath the first story staircase, but the space thereunder shall be left entirely open and kept free from incumbrance, but this shall not prohibit the inclosing without openings the under portions of the staircase from the foot of the same to a point where the height from the floor line to the soffit of the staircase shall not exceed five feet. All non-fireproof apartment-houses and tenement-houses exceeding five stories in height, or having a basement and five stories in height above a cellar, shall be constructed as in this section before described, and shall also have the halls and stairs inclosed with twelve-inch brick walls. Eight- inch brick walls not exceeding fifty feet in their vertical measurement, may inclose said halls and stairs, and be used as bearing walls where the dis- tance between the outside bearing walls does not exceed thirty-three feet, and the area between the said b?-ick inclosure walls does not exceed one hundred and eighty superficial feet. The floors, stairs and ceilings in said halls and stairways shall be made of iron, steel, brick, stone, tile, cement, or other hard iiicombustible materials excepting that the flooring and sleepers underneath the same may be of wood and the handrails of the stairs may be of hard wood, and the treads may be of oak not less than one and five eighths of an inch in t\\\ck\\tss, provided that 7vhere such wooden treads are used the underside of the stairs shall be entirely lathed with iro7i or wire lath and plastered thereon, or covered with metal. At least one flight of such stairs in each of said buildings shall extend to the roof, and be inclosed in a bulkhead built of fireproof materials. The said halls and stairways shall have a connecting fireproof hallway inclosed with suitable walls of brick or such other fireproof materials including the ceiling in all cases as may be approved by the Commissioner of Buildings having jurisdiction, in the first story and extend to the street. Revised in part from New York City Consolidation Act, L. 1882, cii. 410, §480, as amended by L. 1892, ch. 275, § 16. PART VIII. VAULTS, AREAS AND CELLARS. Sec. 54. Cellars to be connected with sewers. 55. Vaults under sidewalks. 56. Areas. 57. Cellar floors. 58. Cellar ceilings. Cellars to be connected with sewers. § 54. Before the walls of buildings are carried up above the foundation Vaults, Areas and Cellars. 29 walls the cellar shall be connected with the street sewers. Should there be no sewer in the street, or if the cellars are below water level, or below the sewer level, then provision shall be made by the owner to prevent water accumulating in the cellars to the injury of the foundations. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 474, as amended by L. 1892, ch. 275, § 10. Vaults under sidewalks. § 55. In buildings where the space under the sidewalk is utilized, a suffi- cient stone or brick wall, or brick arches between iron or steel beams, shall be built to retain the roadway of the street, and the side, end or party walls of such building shall extend under the sidewalk, of sufficient thick- ness, to such wall. The roofs of all vaults shall be of incombustible material. Openings in the roofs of vaults for the admission of coal or light, or for manholes, or for any other purposes, if placed outside the area line, shall be covered with glass set in iron frames, ta.ch. glass to measure not more than sixteen square inches, or with iron covers having a rough surface, and rabbeted flush with the sidewalk. When any such cover is placed in any sidewalk, it shall be placed as near as practicable to the outside line of the curb. All vaults shall be thoroughly ventilated. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 475, as -amended by L. 1892, ch. 275, § 11. Areas. § 56. All areas shall be properly protected with suitable railings, or covered over. When areas are covered over, iron, or iron and glass combined, storu or other incombustible materials shall be used, and sup- ported on brick or stone walls, or on iron or steel beams. Revised from New York City Consolidation Act, L. 1882, ch. 410, g 475, as amended by L. 1892, ch. 275, § 11. Cellar floors. § 57. The floor of the cellar or lowest story in every dwelling-house, apartment-house, tenement-house, lodging-house, hotel, workshop, factory, school, church, hospital and asylum hereafter erected, shall be con- creted not less than four inches thick. Where wood floors are to be laid in such cellars or lowest stories, the sleepers shall be placed on top of the concrete. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 480, as amended by L. 1892, ch. 275, § 16. Cellar ceilings. § 58. The ceiling over every cellar or lowest floor in every residence building more than four stories in height, hereafter erected, when 30 Wooden Beams. the beams are of wood, shall be lathed with iron or wire lath and plastered thereon with two coats of brown mortar of good materials, or such other fireproof covering as may be approved by the Commissioner of Buildings having jurisdiction. Reifised from New York City Consolidation Act, L. 1882, ch. 410. §480, as amended by L. 1892, ch. 275, § 16. PART IX. WOOD BEAMS, GIRDERS AND COLUMNS. Sec. 59. Wood beams 60. Anchors and straps for wood beams and girders. 6r. Wood columns and plates. 62. Timber for trusses. 63. Bolts and washers for timber work. Wood beams. § 59. All wood beams and other timbers in the party wall of every building built of stone, brick or iron, shall be separated from the beam or timber entering in the opposite side of the wall by at least four inches of solid mason work. No wood floor beams or wood roof beams used in any building, . he'reafter erected, shall be of a less thickness than three inches. All wood trimmer and header beams shall be proportioned to carry with safety the loads they are intended to sustain. Every wood header or trimmer more than four feet long, used in any building, shall be hung in stirrup-irons of suitable thickness for the size of the timbers. Every wood beam, except header and tail beatns, shall rest at one end four inches in the wall, or upon a girder as authorized by this Code. The ends of all wood floor and roof beams, where they rest on brick walls, shall be cut to a bevel of three inches on their depth. In no case shall either end of a floor or roof beam be supported on stud partitions, except in frame buildings. All wood floor and wood roof beams shall be properly bridged with cross bridging, and the distance between bridging or between bridging and walls shall not exceed eight feet. All wood beams shall be trimmed away from all flues and chimneys whether the same be a smoke, air or any other flue or chimney. The trimmer beam, shall be not less than eight inches from the inside face of a flue and four inches from the outside of a chimney breast, and the header beam not less than two inches from the outside face of the brick or stone work of the sam.e ; except that for the sm.oke flues of boilers and furnaces where the brick work is required to be eight inches in thickness, the trimmer beam shall be not less than twelve inches from the inside of the flue. The header beam, carrying the tail beams of a floor, and supporting the trimmer arch in front of a fire-place shall be not less than twenty inches from the chimney breast. The safe carrying capacity of wood beams for uniformly distributed loads shall be determined by multi- Wooden Beams, How Anchored. 31 plying the area in square inches by its depth in inches, and dividing this product by the span of the beam in feet. This result is to be multiplied by seventy for hemlock, ninety for spruce and white pine, one hundred and twenty for oak, and by one hundred and forty for yellow pine. The safe carrying capacity of short span timber beams shall be determined by their resistance to shear in accordance with the unit stresses fixed by section 139 of this Code. Revised in part from New York City Consolidation Act, L. 1882, cli. 410, § 488, as amended by L. iSg2, ch. 275, § 24. Anchors and straps for wood beams and girders. § 60. Each tier of beams shall be anchored to the side, front, rear or party walls at intervals of not more than six feet apart, with good, strong, wrought-iroii anchors of not less than one and a half inches by three- eighths of an inch in size, well fastened to the side of the beams by two or more nails made of wrong ht-iron at least one-fourth of an inch in diameter. Where the beams are supported by girders, the girders shall be anchored to the walls and fastened to each other by suitable iron straps. The ends of wood beams resting upon girders shall be butted together end to end and strapped by wrought-iron straps of the same size and distance apart, and in the same beam as the wall anchors, and shall be faste?ied in the same manner as said wall anchors. Or they may lap each other at least twelve inches and be well spiked or bolted together where lapped. Each tier of beams /ri^/z/ and rear, opposite each pier, shall have hard wood anchor strips dovetailed into the beams diagonally, which strips shall cover at least four beams and be OTie inch thick and four inches wide, but no such anchor strips shall be let in within four feet of the centre line of the beams; or wood strips may be nailed on the top of the beams and kept in place until the floors are being laid. Every pier and wall, front or rear, shall be well anchored to the beams of each story, with the same size anchors as are required for side walls, which anchors shall hook over the fourth beam. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 488, as amended by L. 1892, ch. 275, § 24. Wood columns and plates. 8 61. All timber columns shall be squared at the ends perpendicu- lar to their axes. To prevent the unit stresses from exceeding those fixed in this Code timber or iron cap and base plates shall be provided. Additional iron cheek plates shall be placed between the cap and base plates and bolted to the girders when required to transmit the loads with safety. New. 32 Arches and Chimneys. Timber for trusses, § 62. When compression members of trusses are of timber they shall be strained in the direction of the fibre only. When timber is strained in tension, it shall be strained in the direction of the fibre only. The working stress in timber struts of pin-connected trusses shall not exceed 75 per cent, of the working stresses established in section 139, this Code. New. Bolts and washers for timber work. § 63. All bolts used in connection with timber and wood beam work shall be provided with washers of such proportions as will reduce the compression on the wood at the face of the washer to that allowed in section 139, this Code, supposing the bolt to be strained to its limit. New. PART X. CHIMNEYS, FLUES, FIRE-PLACES AND HEATING PIPES. Sec. 64. Trimmer arches. 65. Chimneys, flues and fire-places. 66. Chimney supports. 67. Chimneys and cupolas. 68. Hot air flues, pipes and vent ducts. 69. Steam and hot water heating pipes. Trimmer arches. § 64. All fire-places and chimney breasts where mantels are. placed, whether intended for ordinary fire-place uses or not, shall have trimmer arches to support hearths and the said arches shall be at least twenty inches in width, measured from the face of the chimney breast, and they shall be constructed of brick, stone or burnt clay. The length of a trimmer arch shall be not less than the width of the chimney breast. Wood centres under trimmer arches shall be removed before plastering the ceiling underneath. If a heater is placed in a fire-place, then the hearth shall be the full width of the heater. All fire-places in which heaters are placed shall have incom- bustible mantels. No wood mantels or other woodwork shall be exposed back of a summer piece; the ironwork of the summer piece shall be placed against the brick or stone work of the fire-place. No fire-place shall be closed with a wood fireboard. New. Chimneys, flues and flre-plaees. § 65. All fire-places and chimneys in stone or brick walls in any building hereafter erected, except as herein otherwise provided, and any chimney, or Chimneys, Flues and Fireplaces. 33 flues hereafter altered or repaired, without reference to the purpose for which they may be used, shall have the joints struck smooth on the inside, except when lined on the inside with pipe. No parging mortar shall be used on the inside of any fire-place, chimney or flue. The flre-backs of all fire-places hereafter erected shall be not less than eight inches in thick- ness, of solid masonry. When a grate is set in a fire-place, a lining of fire-brick, at least two inches in thickness, shall be added to the fire- back, unless soapstone, tile or cast iron is used, and filled solidly behind with fireproof material. The stone or brickwork of the smoke flues of all boilers, furnaces, bakers' ovens, large cooking ranges, large laundry stoves, and all flues used for a similar purpose shall be at least eight inches in thickness, and shall be capped with terra-cotta, stone or cast iron. The inside four inches of all boiler flues shall be fire brick, laid in fire mortar, for a distance of twenty-five feet in any direction from the source of heat. All smoke flues of smelting furnaces or of steam boilers, or other apparatus which heat the flues to a. high temperature, shall be built with double walls of suitable thickness for the temperature with an air space between the walls, the inside four inches of the flues to be of fire brick. All smoke flues shall extend at least three feet above a flat roof, and at least two feet above a peak roof. On dwelling-houses and stables, three stories or less in height, not less than six of the top courses of a chimney may be laid in pure cement mortar and the brickwork carefully bonded and anchored together in lieu of coping. In all buildings hereafter erected every smoke flue, except the flues hereinbefore mentioned, shall be lined on the inside with cast iron or -well-burnt clay, or terra-cotta pipe, made smooth on the inside, from the bottom of the flue, or from the throat of the fire-place, if the flue starts from the latter, and carried up continuously to the extreme height of the flue. The ends of all such lining pipes shall be made to fit close together, and the pipe shall be built in as the flue or flues are carried up. Each smoke pipe shall be inclosed on all sides with not less than four inches of brickwork properly bonded together. All flues in every building shall be properly cleaned and all rubbish removed, and the flues left smooth on the inside upon the completion of the building. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 489, as amended by L. 1892, ch. 275, § 25. Chimney supports. § 66. No chimney shall be started or built upon any floor or beam of wood. In no case shall a chimney be corbeled out more than eight inches from 3 34 Chimney Supports. the wall, andin all such cases the corbeling shall consist of at leasi five courses of brick, but no corbeling more than four inches shall be allowed in eight-inch brick walls. Where chimneys are supported by piers, the piers shall start from the foundation on the same line with the chimney breast, and shall be not less than twelve inches on the face, prop- erly bonded into the walls. When a chimney is to be cut off below, in whole or in part, it shall be wholly supported by stone, brick, iron or steel. All chimneys which shall be dangerous in any manner whatever shall be repaired and made safe, or taken down. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 489, as amended by L. 1892, ch. 275, § 25. Chimneys, cupolas. § 67. Iron cupola chimneys of foundries shall extend at least ten feet above the highest point of any roof within a radius of fifty feet of suck- cupola, and be covered on top with a heavy wire netting. No woodwork shall be placed within two feet of the cupola. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 489, as amended by L. i8g2, ch. 275, § 25. Hot-air flues, pipes and vent duets. § 68. All stone or brick hot-air flues and shafts shall be lined with tin, galvanized iron or burnt clay pipes. No wood casing, furring or lath shall be placed against or cover any smoke flue or metal pipe used to convey hot air or stea?n. No smoke pipe shall pass through any wood floor. No stove pipe shall be placed nearer than nine inches to any lath and plaster or board partition, ceiling or any woodwork. Smoke pipea of laundry stoves, large cooking ranges and of furnaces shall be not less than fifteen inches from any woodwork, unless they are properly guarded by metal shields; if so guarded, stove pipes shall be not less than six inches distant, smoke pipes of laundry stoves, large cooking ranges and of furnaces shall be not less than nine inches distant from' any woodwork. Where smoke pipes pass through a lath and plaster partition they shall be guarded by galvanized iron ventilated thimbles at least twelve inches larger in diameter than the pipes, or by galvanized iron thimbles built in at least eight inches of brick- work. No smoke pipe shall pass through the roof of any building unless a special permit be first obtained from the Building Depart- ment for the same. If a permit is so granted, then the roof through which the smoke pipe passes shall be protected in the following manner: A galvanized iron ventilated thimble of the following dimensions shall be placed; in case of a stove pipe, the diameter of the outside guard shall be not less than twelve inches and the diameter of the inner one, eight inches, and for all furnaces, or Hot Air Pipes, Flues and Ducts. 35 where similar large hot fires are used, the diameter of the outside guard shall be not less than eighteen inches and the diameter of the inner one, twelve inches. The smoke pipe thimbles shall extend from the under side of the ceiling or roof beams to at least nine inches above the roof, and they shall have openings for ventilation at the lower end where the smoke pipes enter, also at the top of the guards above the roof. Where a smoke pipe of a boiler passes through a roof, the same shall be guarded by a ventilated thimble, same as before specified, thirty-six inches larger than the diameter of the smoke pipe of the boiler. Tin or other metal pipes in brick or stone walls, used or intended to be used to convey heated air, shall be covered with brick or stone at least four inches in thickness. Woodwork near hot-air pipes shall be guarded in the following man- ner: A hot-air pipe shall be placed inside another pipe, one inch larger in diameter, or a metal shield shall be placed not less than one-half inch from the hot-air pipe; the outside pipe or the metal shield shall remain one-and-a-half inches away from the woodwork and the latter must be tin lined, or in lieu of the above protection, four inches of brickwork may be placed between the hot-air pipe and the woodwork. This shall not prevent the placing of metal lath and plaster directly on the face of hot-air pipes or the placing of woodwork on such metal lath or plaster, provided the distance is not less than seven-eighths of an inch. No vertical hot-air pipe shall be placed in a stud partition, or in a wood inclosure, unless it be at least eight feet distant in a horizontal direction from the fur- nace. Hot-air pipes in closets shall be double, with a space of one inch between them. Horizontal hot-air pipes shall be placed six inches below the floor beams or ceiling; if the floor beams or ceil- ing are plastered and protected by a metal shield, then the distance shall be not less than three inches. Vent flues or ducts for the removal of foul or vitiated air in which the temperature of the air cannot exceed that of the rooms may be constructed of iron or other incombustible material, and shall not be placed nearer than one inch to any woodwork, and no such pipe shall be used for any other purpose. In the support or construction of such ducts, if placed in a public school-room, no wood furring or other inflammable material shall be nearer than two inches to said flues or ducts, and shall be covered on all sides, other than those resting against brick, terra-cotta, or other incombustible material, with metal lath plastered with at least two heavy coats of mortar, and having at least one-half inch air space between the flues or ducts and the lath and plaster. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 489, as amended by L. 1892, ch. 275, § 25. 36 Steam and Hot Water Pipes. Steam and hot water heating pipes. § 69. Steam or hot water \\&2X\'a.g pipes shall not be placed within two inches of any timber or woodwork^ unless the timber or woodwork is pro- tected by a metal shield, then the distance shall be not less than one inch. All steam or hot water \i&di.'i\'a^ pipes passing through floors and ceilings or lath and plastered partitions shall be protected by a metal tube one inch larger in diameter than the pipe, having a metal cap at the floor, and where they are run in a horizontal direction between a floor and ceil- ing a metal shield shall be placed on the underside of the floor over them, and on the sides of wood beams running parallel with said pipe. All wood boxes or casings inclosing steam or hot water heating pipes and all -wood covers to recesses in walls in which steam or hot water heating pipes are placed shall be lined with metal. All pipes or ducts used to convey air warmed by steam or hot water shall be of metal or other fireproof material. All steam and hot water pipe coverings shall consist of fireproof materials only. Revised from New York City Consolidation Act, L. 1882, cli. 410, § 490, amended by L. 1892, cii. 275, § 26. PART XI. GENERAL CONSTRUCTION. Sec. 70. Ducts for pipes. 71. Studded-off spaces. 72. Wainscoting. 73. Bay, oriel and show windows. Duets foF pipes. § 70. All ducts for pipes, wires and other similar purposes shall be inclosed on all sides with fireproof material, and the opening through each floor shall be properly fire-stopped. New. Studded-off spaces. § 71. Where walls are studded-off, the space between the inside face of the wall and the studding shall be fire-stopped with fireproof material, placed on the underside of the wood beams above, for a depth of not less than four inches and be securely supported; or the beams directly over the studded-off space shall be deafened with not less than four, inches of fireproof material, which may be laid on boards cut in between the beams. New. Wainscoting. § 72. IVhen wainscoting is used, in any building hereafter erected, the Stairs and Entrances. 37 surface of the wall or partition behind such wainscoting shall be plastered flush with the grounds and doivn to the floor line. Revised from New York City Consolidation Act, L. 1882, ch. 400, § 480, amended by L. 1892, ch. 275, § 16. Bay, oriel and show windows. § 73. Bay windows, oriel windows and show windows on the street front or side of any building may project not more than one foot beyond the building line and shall be constructed of such materials and in such manner as will meet with the approval of the Depart- ment of Buildings. Any such window that does not extend more than three feet above the second-story floor of any dwelling-house may be built of wood covered with metal. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 495 amended by L. 1895, ch. 873, § i. PART XII. STAIRS AND ENTRANCES. Sec. 74. Entrance to basement. 75. Stairs, number regulated by area of building. 76. Engineers' stationary ladders. 77. Slate and stone treads of stairs to be supported Entrance to basement. 8 74. Every dwelling-house arranged for or occupied by two or more families above the flrst story, hereafter erected, shall be provided with an entrance to the basement thereof from the outside of such building. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 498, as amended by L. 1892, ch. 275, § 34. Stairs, number regulated by area of building. § 75. In any building hereafter erected to be used as a store, factory, hotel or lodging-house, covering a lot area exceeding 2,500 feet and not exceeding 5,000 feet, there shall be provided at least two continuous lines of stairs remote from each other; and every such building shall have at least one continuous line of stairs for each 5, 000 feet of lot area covered, or part thereof, in excess of that required for 5,000 feet of area. When any such building covers an area of lot greater than 15,000 feet the number of stairs shall be increased proportionately, or as will meet with the approval of the Commissioner of Buildings having jurisdiction. New. 38 Skylights and Floor-Lights. Engineers' stationary ladders. § 76. Every building in which boilers or machinery are placed in the cellar or lowest story, shall have stationary iron ladders or stairs from such story leading direct to a manhole above on the side walk, or other outside exit. New. Slate and stone treads of stairs to be supported. § 77. In all buildings hereafter erected more than seven stories in height where the treads and landings of iron stairs are of slate, marble or other stone, they shall each be supported direcdy under- neath, for their entire length and width, by an iron plate made solid or having openings not exceeding four inches square in same, of adequate strength and securely fastened to the strings. In case such supporting plates be made solid the treads may be of oak, not less than one and five-eighths inches thick. New. PART XIII. SKYLIGHTS AND FLOOR-LIGHTS. Sec. 78. Metal skylights. 79. Floor-lights. Metal skylights. § 78. All skylights having a superficial area of ?iwre than nine square feet, placed in any building, shall have the sashes and fratnes thereof con- structed of iron and glass. Every fireproof roof hereafter placed on any building shall have, besides the usual scuttle or bulkhead, a skylight or sky- lights of a superficial area equal to not less than one -fiftieth tJie superficial area of such fireproof roof . Skylights hereafter placed in public build- ings, over any passageway or room of public resort, shall have imme- diately underneath the glass thereof a wire netting, unless the glass contains a wire netting within itself. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 494, as amended by L. 1892, ch. 275, § 30. Floor-lights. § 79. Floor-lights, used for transmission of light to floors below, shall be constructed of metal frames and bars or plates, and if any glass in same measures more than sixteen square inches, the glass shall be provided with a mesh of wire either in the glass or under the same, and the floor-lights shall be of the same proportional strength as the floors in which they are placed. New. Sheds Over Sidewalks. 39 PART XIV. INCLOSURE AND SHED COVERINGS FOR THE PROTECTION OF PEDESTRIANS. Ine)osure and shed coverings for the protection of pedestrians. § 80. Whenever buildings shall be erected or increased to over sixty-five feet in height^ upon or along any street^ the owner, builder or contractor constructing or repairing such buildings shall have erected and maintained during such construction or repair, a shed over the sidewalk in front of said premises, extending from building line to curb, the satne to be properly, strongly and tightly constructed, so as to protect pedestrians and others using such streets. Whenever outside scaffolds are required to carry on the con- struction of buildings over eighty-five feet in height, whether the same be constructed by poles or thrust-out scaffold, there shall be erected on its outer edge and ends an inclosure of wire netting of not over two-inch mesh, or of boards not less than three-fourths of aji inch thick, placed not over one and one-half inches apart, well secured to uprights not less than two inches by four inches, fastened to planks or timbers, and resting on put-logs or thrust- outs. The said inclosure shall be carried up at least five feet in advance above the level on which the workmen employed on said front are working. The said thrust-outs shall be not less than three by ten of spruce or yellow pine, and to be doubled or tripled, as may be required for the load to be carried, and to be thoroughly braced and secured; or such timbers can be in one stick if proportioned to the load. The flooring on thrust-outs and put- logs shall be tightly constructed with plank. This said floor and inclosure shall not be removed until a like floor and inclosure is already prepared and in position 07i the story above. In all buildings over eight)'-five feet in height, during construction or alteration, the windows on each floor above the second shall be properly inclosed as soon as the story is built. If the walls of such buildings are carried ii,p two stories or more above the roofs or* adjoining buildings, proper means shall be provided and used for the pro- tection of skylights and roof s of such adjoining buildings. The protection over skylights shall be of stout wire netting not over three-fourths-inch mesh on stout timbers and properly secured. All such sheds and inclosures are to be subject to the inspection of the Department of Buildings. Should said adjoining owner, tenant or lessee refuse to grant permission to have said roofs and skylights so protected, such refusal by said owner, tenant or lessee shall relieve the owner of the building in course of construction from any responsibility for damage done to persons or property on or within the premises affected. Should such inclosure or protection not be so erected, the Commissioner of Buildings iiaving jurisdiction shall cause a notice to be served personally upon the owner, or his authorized agent, constructing ,or repairing such buildings, or the owner, tenant or lessee of adjoining * So in original. 40 Miscellaneous Buildings premises, requiring such inclosure or protection, as provided in this section^ specifying the manner in which same shall be erected ^ and if such inclosures or protections are not erected, strengthened or modified as provided in such notice within three days after the service thereof, the said Commisdoner of Buildings having jurisdiction shall have full power and authority to cause such inclosure to be erected on the fronts and roofs and the sky- lights protected, and all expenses connected with same may becoine a lien on the property in interest so inclosed and protected, and which lien may be created and enforced in the same manner as now provided for in section iS^ "f ^his Code. Revised from L. i8g6, ch. 723. PART XV. MISCELLANEOUS BUILDINGS. Sec. 81. Grain elevators. 82. Exhibition buildings 83. Smokehouses. Grain elevators. § 81. Nothing in this Code shall be so construed as to apply to or pre- vent the erection of what are knowii as grain elevators, as usually con- structed, provided they are erected on tidewater, or adjacent to the river front in said city, in isolated localities, under such conditions as the Depart- ment of Buildings may prescribe, including location. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 484, as amended by L. 1897, ch. 557. Exhibition buildings. § 82. Buildings for fair and exhibition purposes, towers for observation purposes and structures for similar uses, whether temporary or permanent in character, shall be constructed in such manner and under such conditions as the Board of Buildings may prescribe. New. Smokehouses. § 83. All smokehouses shall be of fireproof construction, with brick walls, iron doors and brick or metal roof. An iron guard shall be placed over and three feet above the fire, and the hanging rails shall be of iron. The walls of all smokehouses shall be built up at least three feet higher than the roof of the building in which they are located. New. Furnaces and Boilers. 41 PART XVI. HEATING APPARATUS, DRYING ROOMS, GAS AND WATER PIPES. Sec. 84. Heating furnaces and boilers. 85. Registers. 86. Drying rooms. 87. Ranges and stoves. 88. Notice as to heating apparatus. 89. Gas and water pipes. Heating furnaces and boilers. § 84. A brick-set boiler shall not be placed on any wood or com- bustible floor or beams. Wood or combustible floors and beams under and not less than three feet in front and one foot on the sides of all portable boilers shall be protected by a suitable brick founda- tion of not less than two courses of brick well laid in mortar on sheet iron; the said sheet iron shall extend at least twenty-four inches outside of the foundation at the sides and front. Bearing lines of bricks, laid on the flat, with air spaces between them, shall be placed on the foundation to support a cast-iron ash pan of suitable thick- ness, on which the base of the boiler shall be placed, and shall have a flange turned up in the front and on the sides four inches high; said pan shall be in width not less than the base of the boiler and shall extend at least two feet in front of it. If a boiler is supported on a cast-iron base with a bottom of the required thickness for an ash pan, and is placed on bearing lines of brick in the same manner as specified for an ash pan, then an ash pan shall be placed in front of the said base and shall not be required to extend under it. All lath and plaster and wood ceilings and beams over and to a distance of not less than four feet in front of all boilers shall be shielded with metal. The distance from the top of the boiler to said shield shall be not less than twelve inches. No combustible partition shall be within four feet of the sides and back and six feet from the front of any boiler, unless said partition shall be covered with metal to the height of at least three feet above the floor, and shall extend from the end or back of the boiler to at least five feet in front of it; then the distance shall be not less than two feet from the sides and five feet from the front of the boiler. All brick hot-air furnaces shall have two covers, with an air space of at least four inches between them j the inner cover of the hot-air chamber shall be either a brick arch or two courses of brick laid on galvanized iron or tin, supported on iro7i bars ; the outside cover, which is the top of the furnace, shall be made of brick or metal supported on iron bars, and so constructed as to be perfectly tight, and shall be not less than four inches below any combustible ceiling or floor beams. The walls of the furnace shall be built hollow in the follow- 42 Hot Air Registers. ing manner : One inner and one outer wall, each four inches in thickness, properly bonded together with an air space of not less than three inches between them. Furnaces must be built at least four inches from all woodwork. The cold-air boxes of all hot-air furnaces shall be made of metal, brick, or other incombustible material, for a distance of at least ten feet from the furnace. All portable Iwt-air furnaces shall be placed at least two feet from any wood or combustible partition or ceiling, unless the partitions and ceilings are properly protected by a metal shield, when the distance shall be not less than one foot. Wood floors under all portable furnaces shall be protected by two courses of brickwork well laid in mortar on sheet iron. Said brickwork shall extend at least two feet beyond the furnace in front of the ash pan. Revised from New York City Consolidation Act, L. 1882, ch. 410, §490, as amended by L. 1892, ch. 275, § 26. RegistcFS. § 85. Registers located over a brick furnace shall be supported by a brick shaft built up from the cover of the hot-air chamber ; said shaft shall be lined with a metal pipe, and all wood beams shall be trimmed away not less than four inches from it. Where a register is placed on any woodwork in connection with a metal pipe or duct, the end of the said pipe or duct shall be flanged over the woodwork under it. All registers for hot-air furnaces placed in anv woodwork or combustible floors shall have stone or iron borders ^frw/Zv set in plaster of paris or gauged mortar. All register boxes shall be made of tin plate or galvanized-iro?i with a flange on the top to fit the groove in the frame, the register to rest upon the same ; there shall be an open space of two inches on all sides of the register box, extending from the under side of the border to and through the ceiling below. The said opening shall be fitted with a tight tin or galvanized-iron casing, the upper end of which shall be turned under the frame. When a register box is placed in the floor over a por- table furnace, the open space on all sides of the register box shall be not less than three inches. When only one register is connected with a fur- nace said register shall have no valve. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 490, as amended by L. 1892, ch. 275, § 26. Drying rooms. § 86. All walls, ceilings and partitions inclosing drying rooms, when not made of fireproof material, shall be wire lathed and plastered, or covered with metal, tile or other hard incombustible material. New. Ranges and stoves. § 87. Where a kitchen range is placed irom twelve to six inches from Ranges and Stoves. 43 a wood stud partition, the said partition shall be shielded with metal from the floor to the height of not less than three feet higher than the range; if the range is within six inches of the partition, then the studs shall be cut away and framed thr&t feet higher and one foot wider than the range, and filled in to the face of the said stud partition with brick or fireproof blocks, and plastered thereon. All ranges on wood or combustible floors and beams that are not supported on legs and have ash pans three inches or more above their base, shall be set on ■suitable brick foundations, consisting of not less than two courses of brick well laid in mortar on sheet iron, except small ranges such as are used in apartment-houses that have ash pans three inches or more above their base, which shall be placed on at least one course ■of brickwork on sheet iron or cement. No range shall be placed against a furred wall. All lath and plaster or wood ceilings over all large rangesand ranges in hotels and restaurants, shall be guarded by metal hoods placed at least nine inches below the ceiling. A ventilat- ing pipe connected with a hood over a range shall be at least nine inches from' all lath and plaster or woodwork, and shielded. If the pipe is less than nine inches from lath and plaster and woodwork, then the pipe shall be covered with one inch of asbestos plaster on wire mesh. No ventilating pipe connected with a hood over a range shall pass through any floor. Laundry stoves on wood or combustible floors shall have a course of bricks, laid on metal, on the floor under and extended twenty-four inches on all sides of them. All stoves for heating purposes shall be properly supported on iron legs resting on the floor three feet from all lath and plaster or woodwork; if the lath and plaster or woodwork is properly protected by a metal shield, then the distance shall be not less than eighteen inches. A metal shield shall be placed under and twelve inches in front of the ash pan of all stoves that are placed on wood floors. All low gas stoves shall be placed on iron stands, or the burners shall be at least six inches above the base of the stoves, and metal guard plates placed four inches below the burners, and all woodwork under them shall be covered with metal. Revised in part from New York City Consolidation Act, L. 1882, ch. 410, § 490, as amended by L. 1892, ch. 275, § 26. Notice as to heating apparatus. 8 88. In cases where hot water, steam, hot air or other heating appli- ances or furnaces are hereafter placed in any building, or flues or fire- places are changed or enlarged, due notice shall first be given to the Department of Buildings by the person or persons placing the said furnace ■or furnaces in said building, or by the contractor or superintendent of said work. Revised from New York City Consolidation Act, L. 1882, ch. 410, §490, as -amended by L. 1892, ch. 275, § 26. 44 Roofs and Cornices. Gas and water pipes. § 89. Every building, other than a dwelling-house, hereafter erected, and all factories, hotels, churches, theatres, school-houses and other build- ings of a public character now erected, in which gas or steam is used for lighting or heating, shall have the supply pipes leading from the street mains provided each with a stop-cock placed in the sidewalk at or near the curb, and so arranged as to allow of shutting off at that point. No gas, water or other pipes which may be introduced into any building shall be let • into the beams unless the same be placed within thirty-six inches of the end of the beams; and in no building shall the said pipes be let into the beams more than two inches in depth. All said pipes shall be installed in accordance with the rules and regulations prescribed by the Board of Buildings. All gas brackets shall be placed at least three feet below any ceiling or woodwork, unless the same is properly protected by a shield; in which case the distance shall not be less- than eighteen inches. No swing- ing or folding gas bracket shall be placed against any stud partition or woodwork. No gas bracket on any lath and plaster partition or woodwork shall be less than five inches in length, measured from the burner to the plaster surface or woodwork. Gas-lights placed near window curtains or any other combustible material shall be protected by a proper shield. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 490, as amended by L. 1892, ch. 275, g 26 PART XVII. ROOFS, LEADERS, CORNICES, BULKHEADS, SCUTTLES AND TANKS. Sec. 90. Mansard roofs. 91. Cornices and gutters. 92. Bulkheads on roofs and scuttles. 93. Tanks. 94. Roofing and leaders within the fire limits. Mansard roofs. § 90. If a mansard or other roof of like character having a pitch of over sixty degrees be placed on any building, except a wood building, or a dwelling-house not exceeding three stories nor more than iortj feet in height, it shall be constructed of iron rafters and lathed with iron or steel on the inside and plastered, or filled in with fireproof material not less than three inches thick, and covered with metal, slate or tile. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 493, as amended by L. 1892, ch. 275, § 29. Cornices and gutters. § 91. On all buildings hereafter erected within the fire limits, the exterior cornices, inclusive of those on show windows and gutters, shall be Cornices and Gutters. 45 of some fireproof material. All fireproof cornices shall be well secured to the walls with iron anchors., independent of any woodwork. In all cases the walls shall be carried up to the planking of the roof. Where the cornice projects above the roof the walls shall be carried up to the top of the cornice. The party walls shall in all cases extend up above the plank- ing of the cornice and be coped. All exterior wooden cornices that may now be or that may hereafter become unsafe or roiten shall be taken down, and if replaced, shall be constructed of some fireproof material. All exterior cornices of wood or gutters that may hereafter be damaged by fire to the extent of one- half shall be taken down, and if replaced shall be constructed of some fireproof material; but if not damaged to the extent of one-half, the same may be repaired with the same kind of material of which they were originally constructed. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 493, as amended by L. 1892, ch. 275, § 29. Bulkheads on roofs and scuttles. § 92. Bulkheads used as inclosures for tanks and elevators, and cover- ings for the machinery of elevators and all other bulkheads, including the bulkheads of all dwelling-houses more than four stories in height hereafter erected or altered, may be constructed of hollow fireproof blocks; or of wood, covered with not less than two inches of fireproof material, or filled in the thickness of the studding with such material, and covered on all outside surfaces with metal, including both surface and edges of doors. All such buildings shall have scuttles or bulkheads covered with some fireproof materials, with ladders or stairs leading thereto, and easily accessible to all occupants. No scuttle shall be less in size than two by three feet. No staging or stand shall be constructed or occupied upon the roof of any building without first obtaining the approval of the Commissioner of Buildings having jurisdiction. Revised from New York City Consolidation Act, L. 18S2, ch. 410, §§ 493, 494, as amended by L. 1892, ch. 275, §§ 29, 30. Tanks. § 93. Tanks containing more than five hundred gallons of water or other fluid hereafter placed in any story, or on the roof or above the roof of any building now or hereafter erected, shall be supported on iron or steel beams of sufficient strength to safely carry the same ; and the beams shall rest at both their ends on brick walls or on iron or steel girders or iron or steel columns or piers of masonry. Under- neath any said water tank or on the side near the bottom of the same, there shall be a short pipe or outlet, not less than four inches in diameter, fitted with a suitable valve having a lever or wheel handle to same, so that fireman or others can readily discharge the weight of the fluid contents from the tank in case of necessity. Such tanks 46 Roofs and Leaders. shall be placed where practicable at one corner of a building, and shall not be placed over nor near a line of stairs. Covers on top of water tanks placed on roofs if of wood shall be covered with tin. New. Rooflng' and leaders within the Are limits. § 94. The planking and sheathing of the roofs of buildings shall not in any case be extended across the side or party wall thereof. Every building and the tops and sides of every dormer window thereon shall be covered and roofed with brick, tile, slate, tin, copper, iron; or plastic slate, asphalt, slag or gravel may be used, provided such roofing shall be composed of not less than five layers of roofing felt, cemented together and finished with not less than ten gallons of coal tar, pitch or asphalt to each one hundred square feet of roof, or such other quality of fireproof roofing as the Board of Buildings, under its certificate may authorize, and the outside of the frames of every dormer-window here- after placed upon afty building shall be made of some fireproof material. No wood building within • the fire limits more than two stories or above twenty feet in height above the curb level to the highest part thereof, which shall require roofing, shall be roofed with any other roofing or covered except as aforesaid. Nothing in this section shall be construed to prohibit the repairing of any shingle roof, provided the building is not altered in height. All buildings shall be kept provided 7mth proper metallic leaders for conducting water fro7n the roofs in such manner as shall protect the wall and foundations of said buildings from injury. In no case shall the water front the said leaders be alloived to flow upon the sidewalk, but the same shall be conducted by pipe or pipes to the snver. If there be no sewer in the street upon which such buildings front, then the water from said leader shall be conducted by proper pipe or pipes, below the surface of the sidewalk to the street gutter. Revised from New York City Consclidation Act, L. 1882, ch. 410, § 494, as amended by L. 1892, ch. 275, § 30. PART XVIII. ELEVATORS, HOISTWAYS AND DUMB-WAITERS. Sec. 95. Elevators and hoistways. 96. Elevator inclosure. 97. Dumb-waiter shafts. gS. Elevators in staircase inclosures. gg. Elevators in existing hotels. 100. Screen under elevator sheaves, loi. Inspeclioo of elevators. Elevators and hoistways. § 95. In any building in which there shall be any hoistway or freight Elevators. 47 elevator or wellhole not inclosed in walls constructed of brick or other fire- proof material and provided with fireproof doors, the openings thereof through and upon each floor of said building, shall be provided with and protected by a substantial guard or gate and with such good and sufiicienf trap-doors as may be directed and approved by the Department of Build- ings; and when in the opinion of the Commissioner of Buildings hav- ing jurisdiction, automatic trap-duors are required to the floor openings of any uninclosed freight elevator, the same shall be con- structed so as to form a substantial floor surface when closed, and so arranged as to open and close by the action of the elevator in its passage either ascending or descending. The said Commissioner of Buildings shall have exclusive power and authority to require the openings of hoistways or hoisitvay shafts, elevators and wellholes in buildings to be inclosed or secured by trap-doors, guards or gates and railings. Such guards or gates shall be kept closed at dll times, except when in actual use, and the trap-doors shall be closed at the close of the business of each day by the occupant or occupants of the building having the use or control of the same. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 492, as amended by L. 189:, ch. 275, § 28. It is the duty of an owner to pro- York Real Estate Ass'n, 13 Misc. 496; vide and protect a hatchway with a following McRickard v. Flint, 114 N. Y. substantial railing and trapdoor. At- 222. kinson v. Abraham, 45 Hun, 238. Where a building is let to differ- The duty of providing trapdoors ent tenants, the duty of providing trap- to elevators required by statute is owing doors falls upon the owner and nut to every one who may be lawfully on upon the occupants, separately or col- the premises, and its fulfillment is not lectively. Malloy v. New York Real dependent upon the action of the de- Estate Ass'n, 13 Misc. 496. partment of buildings. Malloy v. New Elevator inelosures. § 96. All elevators hereafter placed in any building, except such fire- proof buildings as have been or may be hereafter erected, shall be inclosed in suitable ivalls of brirk, or with a suitable framework of iron and burnt clay filling, or of such other fireproof material and form of construction as may be approved by the Departme}it of Buildings, except that the inclos- ure walls in non-fireproof buildings used as warehouses, stores or factories shall be of brick. If the inclosure walls are of brick, laid in cement mortar, and not used as bearing walls, they may be eight inches in thickness for not more than fifty feet of their uppermost height, and increasing in thickness four inches for each lower fifty feet portion or part thereof. Said walls or construction shall extend through and at least three feet above the roof. All openings in the said walls shall be provided with fireproof shutters or fireproof doors, made solid for three feet above the floor level, except that the doors used for openings in buildings intended for the occupancy of one family may 48 Elevators. be of wood covered on the inner surface and edges with metal, not including the openings in the cellar, nor above the roof in any such shaft walls. The rbofs over all inclosed elevators shall be made of fire- proof materials, with a skylight at least three-fourths the area of the shafts made of glass, set in iron frames. When the shaft does not extend to the ground, the lower end shall be inclosed in fireproof material. Revised from New York City Consolidation Act, L. 1882, ch. 410, g 492, as amended by L. 1892, ch. 275, § 28. Dumb-waitep shafts. g 97. All dumb-waiter shafts, except such as do not extend more than three stories above the cellar or basement in dwelling-houses, shall be inclosed in suitable walls of brick or with burnt clay blocks, set in iron frames of proper strength or fireproof blocks strengthened with metal dowels, or such other fireproof material and form of con- struction as may be approved by the Commissioner of Buildings having jurisdiction. Said walls or construction shall extend at least three feet above the roof and be covered with a skylight at least three-fourths the area of the shaft, made with metal frames and glazed. All openings in the inclosure walls or construction shall be provided with self-closing fireproof doors. When the shaft does not extend to the floor level of the lowest story, the bottom of the shaft shall be constructed of fireproof material. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 492, as amended by L. 1892, ch. 275, § 28. Elevators in staircase inelosures. § 98. Open grillwork inelosures for passenger elevators, not extending below the level of the first floor, may be erected in stair- case inelosures in buildings where the entire space occupied by the stairs and elevator is inclosed in brick or stone walls, and the stairs are constructed as specified in section 53 of this Code. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 492, as amended by L. 1892, ch. 275, § 28. Elevators in existing hotels. g 99. In every non-fireproof building, used or occupied as a hotel, in which there is an elevator not inclosed in fireproof shafts, such elevator shall be inclosed in suitable walls, constructed and arranged as in this Code required for elevator shafts. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 492, as amended by L. 1892, ch. 275, § 28. Screen under elevator sheaves. § 100. Immediately under the sheaves at the top of every elevator shaft in any building there shall be provided and placed a substantial grating or Fire Appliances. 49 screen of iron or steel, of such construction as shall be approved by the Department of Buildings. Revised from New York City Consolidation Act, i-. 1882, cli. 410, § 492, as amended by L. 1892, ch. 275, § 28. Inspection of elevators. § loi. The Commissioners of Buildings shall cause an inspection of ■elevators carrying passengers or employes to be made at least once ■every three months, and shall make regulations for the inspection of such elevators with a view to safety; and shall also prescribe suitable qualifications for persons who are placed in charge of the running oi such levators. The regulations shall require any repairs found necessary to any such elevators to be made without delay by the owner or lessee. In case defects are found to exist which endaiiger life or limb by the continued use of such elevator, then, upon notice from the Department of Buildings, the use of such elevator shall cease, and it shall not again be used until a certificate shall be first obtained from said Depart7ne?it that such elevator has been made safe. No person shall employ or permit any person to be in ■charge of running any passenger elevator who does not possess the quali- fications prescribed therefor. Every freight elevator or lift shall have a notice posted conspicuously thereon as follows: Persons riding on this elevator do so at their own risk. Revised from New York City Consolidation Act, L. 1882, ch. 410, §492, as amended by L. 1892, ch. 275, § 28. PART XIX. FIRE APPLIANCES, FIRE-ESCAPES AND FIREPROOF SHUTTERS AND DOORS. Sec. 102. Auxiliary fire apparatus for buildings. 103. Fire-escapes, 104. Fireproof shutters and doors. Auxiliary Are apparatus for buildings. § 102. In every building now erected, unless already provided with a three-inch or large vertical pipe, which exceeds one hundred feet in height and in every building hereafter to be erected exceeding eighty- five feet in height, and when any such building does not exceed one hundred and fifty feet in height, it shall be provided with a four- inch stand pipe, running from cellar to roof, with one two-way three- inch Siamese connection to be placed on street above the curb level, and with one two-and-one-half inch outlet, with hose attached thereto on each floor, placed as near the stairs as practicable; and all buildings now erected unless already provided with a three-inch or large vertical pipe or hereafter to be erected exceeding one hun- 4 50 Auxiliary Fire Apparatus. dred and fifty feet in height, shall be provided with an auxiliarj' fire apparatus and appliances, consisting of water tank on roof, or in cellar, stand pipes, hose, nozzles, wrenches, fire extinguishers, hooks, axes and such other appliances as may be required by the Fire Depart- ment; all to be of the best material and of the sizes, patterns and regulation kinds used and required by the Fire Department. In every such building a steam pump and at least one passenger elevator shall be kept in readiness for immediate use by the Fire Department, during all hours of the night and day, including holidays and Sun- days. The said pumps, if located in the lowest story, shall be placed not less than two feet above the floor level. The boilers which supply power to the passenger elevators and pumps, if located in the lowest story, shall be so surrounded by a dwarf brick wall laid in cement mortar, or other suitable permanent waterproof construction, as to ex- clude water to the depth of two feet above the floor level from flowing into the ash pits of said boilers. When the level of the floor of the lowest story is above the level of the sewer in the street, a large cesspool shall be placed in said floor and connected by a four-inch cast-iron drain pipe with the street sewer. Stand pipes shall not be less than six inches in diameter for all buildings exceeding one hun- dred and fifty feet in height. All stand pipes shall extend to the street and there be provided at or near the sidewalk level with the Siamese connections. Said stand pipes shall also extend to the roof. Valve outlets shall be provided on each and every story, including the basement and cellar and on the roof. All valves, hose, tools, and other appliances provided for in this section shall be kept in perfect working order, and once a month the person in charge of said building shall make a thorough inspection of the same to see that all valves, hose and other appliances are in perfect working order and ready for immediate use by the Fire Department. If any of the said buildings extend from street to street, or form an L shape, they shall be provided with stand pipes for each street f rent- age. In such buildings as are used or occupied for business or manufacturing purposes, there shall be provided, in connection with said stand pipe or pipes, two-and-one-half inch perforated iron pipes placed on and along the ceiling line of each floor below the first floor and extending to the full depth of the building. Said perforated pipe shall be provided with a valve placed at or near the stand pipe, so that water can be let into same when deemed necessary by the firemen, or in lieu of such perforated pipes automatic sprinklers may be put in. When the building is twenty-five feet or less in width, two lines of perforated pipe shall be provided, and one line addition- ally for each twelve and one-half feet, or part thereof that the build- ing is wider than twenty-five feet. A suitable iron plate with raised Fire Escapes. , 51 letters shall be fastened to the wall near said stand pipe to read: This stand pipe connects to perforated pipes in the cellar. . New. Fire-eseapes. § 103. Every dwelling-house occupied by or built to be occupied by three of more families, and every building already erected, or that may hereafter be erected, more than three stories in height, occupied and used as a hotel or lodging-house, and every boarding-house having more than fifteen sleeping roo77is above the basement story, and every factory, mill, manufactory or workshop, hospital, asylum or institution for the care or treatment of individuals, and every building three stories and over in height used or occupied as a store or workroom, and evety building in whole or in part occupied or used as a school or place of instruction or asse??ibly, and every office building fii'e stories or more in height, shall be provided with such good and sufficient fire-escape, stairways, or other means of egress in case of fire as shall be directed by the Department of Buildings; and said Departmetit shall have full and exclusive power and authority within said city to direct fire-escapes and other means of egress to be provided upon and within said building or afiy of them. The owner or owners of any build- ing upon which a fire-escape is erected shall keep the same in good repair and properly painted. No person shall at any time place any incumbrance of any kind whatsoever before or upon any fire-escape, balcony or ladder. It shall be the duty of every fireman and policeman who shall discover any fire-escape, balcony or ladder of any fire-escape incumbered in any way, to fortMmth report the same to the commanding officer of his company or precinct, and such commanding officer shall forthwith cause the occupant of the premises or apartment to which said fire-escape, balcony or ladder is attached or for whose use the same is provided, to be notified, either verbally or in writing, to remove such incumbrance and keep the same clear. If said notice shall not be complied with by the removal, forthwith, of such incumbrance, and keeping said fire-escape; balcony or ladder free from incumbrance, then it shall be the duty of said commanding officers to apply to the nearest police magistrate for a warrant for the arrest of the occu- pant or occupants of the said premises or apartment of which the fire-escape forms a part, and the said parties shall be brought before the said magis- trate, as for a misdemeanor ; and, on conviction, the occupant or occupants of said premises or apartment shall be fined not more than ten dollars for each offense, or may be imprisoned not to exceed ten days, or both, in the discretion of the court. In constructing all balcony fire-escapes, the manu- facturer thereof shall securely fasten thereto, in a conspicuous place, a cast-iron plate having suitable raised letters on the same, to read as follows: Notice: Any person placing any incumbrance on this balcony is liable to a penalty of ten dollars and imprisonment for ten days. All buildings requiring fire-escapes shall have stationary iron ladders 52 Fireproof Shutters. leading to the scuttle opening in the roof thereof, and all scuttles and lad- ders shall be kept so as to be ready for use at all times. If a bulkhead is used in place of a scuttle, it shall have stairs with sufficient guard or hand- rail leading to the roof. In case the building shall be a tenement house, the door in the bulkhead or any scuttle, shall at no time be locked, but may be fastened on the inside by movable bolts or hooks. Revised from New York City Consolidation Act, L. 1882, ch. 410, g 498, as amended by L. 1892, ch. 275, t^ 34. The powers conferred upon the such. The statute is not satisfied with municipal authorities to require the the action and direction of one of the construction of fire-escapes are clearly subordinate bureaus or officers of the constitutional, and are not obnoxious department. Fire Dept. v. Sturtevant, to the objections that the party affected 33 Hun, 407, followed in Greenhaus v. is deprived of his property without due Alter, 30 App. Div. 585. process of law. Fire Dept. v. Sturte- It is the duty of an owner under vant, 33 Hun, 407. this section to erect fire-escapes and to Thepower to require the erection bring the subject before the commis- of fire-escapes being given lo the build- sioner and seek his direction. Mc- ingdepartment in direct terms, it must Laughlin v. Armfield, 58 Hun, 376; 12 be exercised by the department as N. Y. Supp. 164. Fireproof shutters and doors. §104. Eveiy building which is more than two stories in height above the curb level, except dwelling-houses, hotels, school-houses and churches, shall have doors, blinds or shutters made of iro7i, hung to iron hanging frames or to iron eyes built into the wall, on every exterior window and opening above the first story thereof, excepti?ig on the front openings of buildings fronting on streets which are more than thirty feet in width, or where no other buildings are within thirty feet of such openings. The said doors, blinds or shutters may be constructed of pine or other soft wood of two thicknesses of matched boards at right angles with each other, and securely covered with tin on both sides and edges, with folded lapped joints, the nails for fastening the same being driven inside the lap; the hinges and bolt, or latches shall be secured or fastened to the door or shutter after the same has been covered with the tin, and such doors or shutters shall be hung iLpon an iron frame, independent of the woodwork of the ■windows and doors, or two iron hinges securely fastened in the masonry ; or such frames, if of wood, shall be covered with tin in the same manner as the doors and shutters. All shutters opening on fire escapes, and at least one row, vertically, in every three rows on the front window openings above the first stoij of any building, shall be so arranged that they ca7i be readily opened from the outside by firemen. All rolling iron or steel shut- ters hereafter placed in the first story of any building, shall be counter- balanced so that said rolling shutters may be readily opened by the firemen. No building hereafter erected, other than a dwelling-house or fireproof build- ing, shall have inside iron or steel shutters to windows above the first story. All windows and openings above the first story of any building may be provided with other suita'ble protection or may be exempted from hav- Fireproof Buildings. 53 ing shutters by the Board of Buildings or the Board of Examiners as the case may be. All buildings specified in this section, hereafter erected or altered, having openings in interior walls, shall be pro- vided with suitable fireproof doors where deemed necessary by the Commissioner of Buildings having jurisdiction. All occupants of buildings shall close all exterior and interior fireproof shutters, doors and blinds at the close of the business of each day. Revised from New York City Consolidation Act, L. 1882, ch. 410, § 491, as amended by L. 1892, ch. 275, § 27. PART XX. FIREPROOF BUILDINGS. Sec. 105. Fireproof buildings. 106. Fireproof floors. 107. Incasing interior columns. Fireproof buildings. § 105. Every building hereafter erected or altered, to be used as a hotel, lodging-house, school, theatre, jail, police station, hospital, asylum, institution for the care or treatment of persons, the height of which exceeds thirty-five feet, excepting all buildings for which specifications and plans have been heretofore submitted to and approved by the Department of Buildings, and every other building the height of which exceeds seventy- five feet, except as herein otherwise provided, shall be built fireproof , that is to say, they shall be constructed with walls of brick, stone, Port- land cement concrete, iron or steel, in which wood beams or lintels shall not be placed, and in which the floors and roofs shall be of materials pro- vided for in section 106 of this Code. The stairs and staircase landings shall be built entirely of brick, stone, Portland cement concrete, iron or steel. No woodwork or other inflammable material shall be used in any of the partitions, fur rings or ceilings in any such fireproof buildings, except- ing, however, that when the height of the building does not exceed twelve stories nor more than one hundred and fifty feet, the doors and windows and their frames, the trims, the casings, the interior finish when filled solid at the back with fireproof material, and the floor boards and sleepers directly thereunder, may be of wood, but the space between the sleepers shall be solidly filled with fireproof materials and extend up to the underside of the floor boards. When the height of a fireproof building exceeds twelve stories, or more than one hundred and fifty feet, the floor surfaces shall be of stone, cement, rock asphalt, tiling or similar incombustible material, or the sleepers and floors may be of wood treated by some process, approved by the Board of Buildings to render the same fireproof. All outside window frames and sash shall be of metal, or of wood 54 Fireproof Floors. covered with metal. The inside window frames and sash, doors, trim and other interior finish'may be of wood covered with metal, or of wood treated by some process approved by the Board of Build- ings, to render the same fireproof. All hall partitions or permanent partitions between rooms in fire- proof buildings shall be built of fireproof material and shall not be started on wood sills, nor on wooden floor boards, but be built upon the fireproof construction of the floDr and extend to the fireproof beam filling above. The tops of all door and window openings in such partitions shall be at least twelve inches below the ceiling line. Revised from New York City Consolidation Act, L. 1882, cli. 410, § 484, as amended by L. 1897, ch. 557. Fireproof floops. § 106. Fireproof floors shall be constructed with wrought-iron or steel floor beams so arranged as to spacing and length of beams that the load to be supported by them, together with the weights of the materials used in the construction of the said floors shall not cause a greater deflection of the said beams than one-thirtieth of an inch per foot of span under the total load ; and they shall be tied together at intervals of not more than eight times the depth of the beam. Between the wrought-iron or steel floor beams shall be placed brick arches springing from the lower flange of the steel beams. Saia brick arches shall be designed with a rise to safely carry the imposed load, but never less than one and one-quarter inches for each foot of span between the beams, and they shall have a thickness of not less than four inches for spans of five feet or less and eight inches for spans over five feet, or such thickness as may be required by the Board of Buildings. Said brick arches shall be composed of good, hard brick or hollow brick of ordinary dimensions laid to a ^ine on the centres, properly and solidly bonded, each longitudinal line of brick breaking joints with the adjoining lines in the same ring and with the ring under it when more than a four-inch arch is used. The brick shall be well wet and the joints filled in solid with cement mortar. The arches shall be well grouted and properly keyed. Or the space between the beams maybe filled in with hollow tile arches of hard-burnt clay or porous terra-cotta of uniform density and hard- ness of burn. The skew backs shall be of such form and section as to properly receive the thrust of said arch; and the said arches shall be of a depth and sectional area to carry the load to be imposed thereon, without straining the material beyond its safe working load, but said depth shall not be less than one and three-quarter inches for each foot of span, not including any portion of the depth of the tile projecting below the underside of the beams, a variable distance being allowed of rot over six inches in the span between Fireproof Floors. 55 the beams, if the soffits of the tile are straight; but if said arches are segmental, having a rise of not less than one and one-quarter inches for each foot of span, the depth of the tile shall be not less than six inches. The joints shall be solidly filled with cement mortar as required for common brick arches, and the arch so con- structed that the key block shall always fall in the central portion. The shells and web of all end construction blocks shall abut, one against another. Or the space between the beams may be filled with arches of Portland cement concrete, segmental in form, and which shall have a rise of not less than one and one-quarter inches for each foot of span between the beams. The concrete shall be not less than four inches in thickness at the crown of the arch and shall be mixed in the proportions required by section 18 of this Code. These arches shall in all cases be reinforced and protected on the underside with corrugated or sheet steel, steel ribs, or metal in other forms weighing not less than one pound per square foot, and having no openings larger than three inches square. Or between the said beams may be placed solid or hollow burnt-clay, stone, brick, or r with said 'board, and must be adopted or rejected by the municipal assembly without amendment. ]SIuiiicipal assembly; power to enact ordinances and regulations for cer- tain purposes. § 49. Subject to the provisions of this act, the municipal assembly shall have power within said city to make, establish, publish and modify, amend or repeal ordinances, rules, regulations and by-laws not inconsistent with this act, or with the Constitution or the laws of the United States, or of this state, fo-r the following purposes : 3. To regulate the use of streets, highways, roads, public places .and sidewalks by foot passengers, animals, vehicles, cars, motors and locomotives, and to prevent encroachments upon and obstruc- tions to the same, and to authorize and require their removal by the proper department; but they shall have no power to authorize the placing or continuing of any encroachment or obstruction upon any street or sidewalk, except the temporary occupation thereof, during the erection or repairing of a building on a lot oppo- site the same, nor shall they permit the erection of booths and stands within stoop lines, except for the sale of newspapers, peri- odicals, fruits and soda water, and with the consent in such cases of the owner of the premises. The Executive hi CHAPTER IV. THE EXECUTIVE. Sec. 96. Administrative departments. 102. Department of buildings. Administrative departments. § 96. There shall be the following administrative departments in said oity: Department of buildings. § 102. The head oi the department of building's shall be called the board of buildings. Said board shall consist of three mem- bers to be known as commissioners of buildings. They shall be appointed by the mayor, and shall, unless sooner removed, hold their respective offices for the term of six years, and until their successors shall resepectively be appointed and have qualified, except that the commissioners first appointed shall, unless sooner removed, hold ofBce for two, four and six years respectively, as designated by the mayor. L. 1888, ch. 553, tit. XIV, § 1; L. 1895, ch. 392. 112 Department of Buildings. CHAPTER XII. DEPARTMENT OF BUILDINGS. See. 644. Appointment of comniissioners; qualifications; jurisdiction; salaries. 645. Rules and regulations. 646. General powers of commissioners under existing- laws. 647. Continuation and repeal of existing laws; building code. 648. Duties of commissioners; appointment and removal of subordi- nates. 649. Decisions of commissioners; appeals. 650. Power to vary the provisions of law. 651. Accounts; annual estimates; expenditures. 652. Record of applications. Appointment of commissioners; qualifications; jurisdiction; salaries. § 644. The head of the department of buildings shall be called the board of buildings. Said board shall consist of three members to be known as commissioners of buildings. They shall be appointed by the mayor and shall hold their respective offices as provided in chapter four of this act. Each of said commissioners shall be a com- petent architect or builder of at least ten years' experience. One of said commissioners shall be the president of the board, and shall be so designated by the mayor. In appointing such commissioners the mayor shall specify the borough or boroughs in which they are respectively to have administrative jurisdiction, to wit: one in the boroughs of Manhattan and The Bronx; one in the borough of Brooklyn; and one in the boroughs of Queens and Richmond. The principal office of the department of buildings shall be in the bor- ough of Manhattan. There shall be a branch office in the borough of Brooklyn, and a branch office may be established in any of the other boroughs, in the discretion of the board. The salary of the commissioner of buildings for the boroughs of Manhattan and The Bronx, and the salary of the commissioner of buildings for the bor- ough of Brooklyn, shall in each case be seven thousand dollars a year. The salary of the commissioner of buildings for the bor- oughs of Queens and Richmond shall be three thousand five hun- dred dollars a year. See § 102. ante. Powers of Commissioners. 113 "Rules and regulations. § 645. The board shall have the power, by a vote of a majority of its members, to establish general rules and regulations for the administration of the department, and such other rules and regula- tions as were authorized by law at the time of the passage of this act to be estabhshed by the superintendent of buildings in the city of New York, or by the commissioner of the department of build- ings in the city of Brooklyn, as said cities were formerly consti- tuted. Such rules and regulations shall, so far as practicable, be uniform in all the boroughs, but the board shall have power, from time to time, to amend or repeal such rules and regulations when in the opinion of a majority of the commissioners it shall seem neces- sary or desirable. The board shall also have power to appoint a secretary, and within the limits of its appropriation to appoint such subordinate officers as may be necessary for the proper conduct of the office of the department. General powers of commissioners under existing laws. § 646. The commissioner for the boroughs of Manhattan and The Bronx shall within such boroughs, in addition to the powers, rights and duties expressly conferred or imposed upon him by this act, possess and exercise all the powers, rights and duties and shall be subject to all the obligations heretofore vested in, conferred upon or required of the department of buildings or the superintendent of buildings of The City of New York, as heretofore constituted, except in so far as the same are inconsistent with or are modified by this act. The commissioner for the borough of Brooklyn shall within such borough, in addition to the powers, rights and duties expressly conferred or imposed upon him by this act, possess and exercise all the powers, rights and duties, and shall be subject to all the obligations heretofore vested in, conferred upon or required of the department of buildings in the city of Brooklyn as heretofore constituted, except in so far as the same are inconsistent with or are modified by this act. The commissioner for the boroughs of Oueens and Richmond shall within such boroughs respectively, in addition to the powers, rights and duties expressly conferred •or imposed upon him by this act, possess and exercise all the powers, rights and duties and shall be subject to all the obligations here- tofore vested in, conferred upon or required of any department, -commission, board or officer of Long Island City as heretofore con- stituted, or of any town or village as heretofore constituted which is comprised within that portion of the county of Queens included in The City of New York as constituted by this act, or which is 114 Power to Establish a "Building Code." vested in, conferred upon or required of any department, commis- sion, board or officer of any town or village in the county of Rich- mond as heretofore constituted, so far as such powers, rights, duties- and obligations concern, affect or relate to the construction, altera- tion or removal of any building or structure erected or to be erected, within said boroughs or either of them, except in so far as the same- are inconsistent with or are modified by this act. Continuation and repeal of existing laws; building code. § 647. The several acts in effect at the time ot tne passage of this- act concerning, affecting, or relating to the construction, alteration or removal of buildings or other structures in any of the municipal and public corporations included within the city of New York as constituted by this act are hereby continued in full force and effect in such municipal and public corporations respectively, except in so- far as the same are inconsistent with or are modified by this act; provided, however, that the municipal assembly shall have power to establish and from time to time to amend a code of ordinances, to be known as the " building code," providing for all matters con- cerning, affecting, or relating to the construction, alteration, or removal of buildings or structures erected or to be erected in The City of New York, as constituted by this act, and for the purpose of preparing such code to appoint and employ a commission of experts; and provided further that upon the establishment of such, code the several acts first above mentioned shall cease to have any force or effect, and are hereby repealed, but such repeal shall not take effect until such " building code " shall be established by the municipal assembly as herein provided. The provisions of such " building code " shall be in conformity with and be subject to all general laws of the estate concerning, affecting, or relating to buildings, or classes of buildings, or other structures. See laws affecting construction, continued in force by this section, etc., of buildings in New York, in Appendix. Brooklyn and Long Island City, Duties of comniissioners; appointment and removal of subordinates. § 648. Each commissioner shall, within the borough or boroughs in which' he is appointed to exercise administrative jurisdiction, have charge of the administration of, and it shall be his duty, subject to and in accordance with the general rules and regulations estab- lished by the board, to enforce such rules and regulations and the provisions of this chapter and of such ordinances as may be estab- Appointment and Removal of Subordinates. 115 lished by the municipal assembly and of the laws relating to the construction, alteration or removal of buildings or other structures erected or to be erected within such borough or boroughs. Each commissioner within the limits of his appropriation shall have power to appoint and at pleasure to remove subordinate officers, as follows: Such superintendents of buildings, and such inspectors of buildings, engineers, clerks, messengers, assistants and other subor- dinates as in his judgment may be necessary and proper to carry out and enforce such rules and regulations and ordinances and the provisions of said laws and of this chapter within the borough or boroughs under his jurisdiction. The superintendents of buildings shall each be a competent architect, engineer or builder of at least ten years' practice. The inspectors shall be competent men, either architects, engineers, masons, carpenters, plumbers or iron workers, who shall have served at least five years as such. It shall not be lawful for any officer or employe in the department to be engaged in conducting or carrying on business as an architect, civil engineer, ca!rpenter, plumber, iron worker, mason or builder while holding office in the department. Each commissioner shall have power to designate in writing one of the superintendents of buildings or any of the inspectors so appointed by him to act on any survey author- ized by law, or to perform such other duties as the said commissioner may direct. Each commissioner may designate a superintendent of buildings, who, during the absence or inability of such commissioner, shall possess all the powers and perform all the duties of such commissioner." Any employe, for any neglect of duty, or omission to properly perform his duty, for violation of rules, or neglect or disobedience of orders, or incapacity, or absence M-ithout leave, may be punished by the commissioner appointing him by forfeiting and withholding pay for a specified time, or by suspension from duty with or without pay; but this provision shall not be deemed to abridge the right of said commissioner to remove or dismiss any inspector of buildings or other subordinate appointed hj- him or by any predecessor in office from the service of the department at any time in his discretion. T,. 1882, eh. 410, § 514, as amd. by L. 1892, ch. 275, § 43. See L. 1882, cK 410, § 441. Decisions of commissioners; appeals. 8 64Q. Each commissioner shall have power and it shall be his duty, isubject to the provisions of law and the ordinances gf the municipal assembly and the general rules and regulations estab- lished by the board, to pass upon any question relative to the mode, nianner of construction or materials to be used in the erection or ii6 Approval of Erections or Alterations. alteration of any building or other structure erected or to be erected within the borough or boroughs under his jurisdiction which is included within the provisions of this chapter, or of any existing law applicable to such borough or boroughs relating to the construc- tion, alteration or removal of buildings or other structures, and to require that such mode, manner of construction or materials shall conform to the true intent and meaning of the several provisions of this chapter and of the laws and ordinances aforesaid, and the rules and regulations established by the board. Whenever a commis- sioner to whom such question has been submitted shall reject or refuse to approve the mode, manner of construction or materials proposed to be followed or used in the erection or alteration of any such building or structure, or when it is claimed that the rules and regulations of the board or the provisions of law or of said ordi- nances do not apply or that an equally good and more desirable form of construction can be employed in any specific case, the owner of such building or structure, or his duly authorized pgent, may appeal from the decision of such commissioner to the board in any case where the amount involved by such decision shall exceed the sum of one thousand dollars; provided, however, that in the boroughs of Manhattan and The Bronx such appeals shall be taken to the board of examiners, established by chapter four hundred and fifty-six of the laws of eighteen hundred and eighty-five and the several acts amendatory thereof or supplemental thereto. The com- missioner for the boroughs of Manhattan and The Bronx shall be ex officio a member and the chairman of said board of examiners. The other members of said board of examiners shall be the persons mentioned and described in section thirty-one of said chapter four hundred and fifty-six of the, laws of eighteen hundred and eighty- five and the several acts amendatory thereof or supplemental thereto. The appeal authorized by this section may be taken within ten days from the entry of a decision upon the records of the commissioner by filing with the commissioner rendering such decision and with the secretary of the board established by this act or with the clerk of the board of examiners, as the case may be, a notice of appeal, stating specifically the questions which the appellant desires to have passed upon by the board of buildings or by the board of exam- iners, as the case may be, and by filing with the secretary of the board of buildings or the clerk of the board of examiners, as the case may be, copies of all papers required by law or by the rules and regulations of the board of buildings to be submitted to the com- missioner upon an application for a building permit, and the board of buildings or the board of examiners, as the case may be, shall Power to Vary Provisions or Law. 117 thereafter fix a day within a reasonable time for the hearing of such appeal, and upon such hearing the appellant may be represented cither in person or by his agent or attorney. The decision of the board of buildings or the board of examiners, as the case may be, upon such appeal, shall be rendered without unnecessary delay and such decision shall be final. L. 1882, ch. 410, § 504, as amd. by L. 1883, ch. 456, § 31, and L. 1893, ch. 275, § 40. Power to vary the provisions of law. § 650. Each commissioner shall have power, with the approval of the bpard, to vary or modify any rule or regulation of the board or the provisions of this chapter or of any existing law or ordinance relating to the construction, alteration or removal of any building or structure erected or to be erected within his jurisdiction upon an application to him therefor in writing by the owner of such building or structure, or his duly authorized agent, where there are practical difficulties in the way of carrying out the strict letter of the law, so that the spirit of the law shall be observed and public safety secured and substantial justice done; but no such variation or modification shall be granted or allowed except by a vote of a majority of the board. Where such application has been filed with a commissioner the owner of such building or structure or his duly authorized agent shall have the right to present a petition to such commissioner and the board setting forth the grounds for the desired variation or modification, and may appear before said board and be heard. The board shall fix a date within a reasonable time for a hearing upon such application and shall as soon as practicable render a decision thereon, which decision shall be final. The particulars of each such application and of the decision of the board thereon shall be entered upon the records of the board, and if the application is granted a certificate therefor shall be issued by the commissioner to whom the application is made and shall be countersigned by the secretary of the board. L. 1882, cli. 410, § 504, as amd. by L. 1885, cb. 456, § 34, and L. 1893, ch. 275, § 40. Accounts; annual estimates; expenditures. § 651. Each commissioner shall keep accurate and detailed accounts, in a form approved by the commissioners of accounts of all moneys received and expended by him, the sources from which they are received and the purposes for which they are expended, and shall prepare itemized monthly statements of all receipts and ii8 Record of Applications for Buildings. expenditures in duplicate, one of which statements, together with all vouchers, shall be filed with the comptroller, and one of which shall be filed in his own office. Each commissioner shall, on or before the first day of September in each year, prepare an itemized estimate of his necessary expenses for the ensuing fiscal year and present the same to the board. The three estimates so prepared as revised by the board shall together constitute the annual estimate of the department of buildings, and shall be submitted to the board of estimate and apportionment within the time prescribed by this act for the submission of estimates for the several departments of the city. No commissioner shall incur any expense for any pur- pose in excess of the amount appropriated therefor; nor. shall he expend any money so appropriated for any purpose other than that for which it was appropriated. Record of applications. § 652. Each commissioner shall keep a record of all applications presented to him concerning, affecting or relating to the construc- tion, alteration or removal of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the applicant; the name and address of the owner of the land on which the structure mentioned in such appli- cation is situated; the names and addresses of the architect and f)uilder employed thereon; a designation of the premises by street number, or otherwise, sufficient to identify the same; a statement of the nature and proposed use of such structure ; and a brief state- ment of the nature of the application, together with a memorandum of the decision of the commissioner upon such application and the date of the rendition of such decision. The books containing such records are hereby declared to be public records and shall be open to inspection at all reasonable times. Fire Department, 119 CHAPTER XV. FIRE DEPARTMENT. TITLE 3. PREVENTION OF FIRES EXPLOSIVES AND COMBUSTIBLE MATERIALS. •Sec. 760. Shavings; how to be stowed away. 761. Hoistways, iron shutters, etc., to be closed. 762. Lig-hts, precautions against fire and use of aisles in places of amusement. 763. Gunpowder and other explosives; sales thereof regulated. 764. Fireworks and explosive compounds; manufacture and sale thereof. 765. Petroleum and coal oils, etc.; sale thereof. 766. Id.; continued. 767. Criminal liability if death results from violation of foregoing rules. 768. Fires and lights on vessels transporting petroleum. 769. Storage of certain chemicals regulated. 770. Id.; of certain vegetable products. 771. Right to enter buildings, etc., for purposes of examination. 772. Information to be furnished by holders of permits. 773. Fines and penalties. Shavings; how to be stowed away. § 760. All carpemters or others in said city making or using shav- ings, shall, at the close of each day, cause the same to be securely stowed in some safe place remote from danger by iire, under the penalty of five dollars for each omission to do so. No person shall ■kindle any fire nor furnish the materials, nor in any way authorize 120 HOISTWAYS, ETC., TO BE CLOSED. or allow any fire to be made in any street, road, alley, lane, or upon- any pier, wharf, or bulkhead in the city, except under such regula- tions as shall be established by the fire commissioner, under a pen- alty of ten dollars for each and every such offense. If any chimney, stove-pipe, or flue within the city shall take fire, the occupant of the premises to which such chimney, stove, or flue appertains shall, forfeit the sum of five dollars. L. 1882, ch. 410, § 453. Hoistways, iron shutters, etc., to be closed. § 761. All hoistways, well-holes, trap-doors, and iron shutters, shall be closed at the completion of the business of each day by the occupant of the building having use or control of the same, and in case of a violation of this provision, such occupant having the use or control thereof sliall forfeit and pay a penalty of fifty dollars for each and every neglect or omission so to do. And for any acci- dent or injury to life or limb, resulting directly or indirectly from any neglect or omission to properly comply with any of the require- ments of this section, the person or persons culpable or negligent in respect thereto shall be liable to pay any officer, agent, or employe of said fire department injured, or whose life may be lost (resulting from such neglect or omission) while in the discharge or perform- ance of any duty imposed by said commissioner, or to the wife and children, or to the parents, or to the brothers and sisters, being the surviving heirs-at-law of any deceased person thus having lost his life, a sum of money, in case of injury to person, not less than one thousand dollars, and in case of death not less than five thousand dollars, such liability to be determined and such sums recovered in £n action to be instituted by said fire commissioner for and in behalf of any person injured, or the family or relatives of any person killed as aforesaid; and any and all persons for any fire, resulting from his or their wilful or culpable negligence or criminal intent or design, shall, in addition to the present provisions of law for the punishment of persons convicted of arson, be liable in a civil action for the payment of any and all damages to the person and property, the rrsult of such fire, and also for the payment of all costs and expenses of said fire department incurred in and about the use of employes, apparatus, and materials in the extinguishment of any fire resulting- from such cause, the amount of such costs and expenses to be fixed by said commissioner, and when collected shall be paid into the relief fund of said department herein created; and shall also be liable for injury to person or loss of life of any officer, agent, or employe of said fire department in the same manner and like extent, and to be- Precautions "Against Fire in Buildings. 12 r sued for in like manner as in the preceding part of this section provided for. L. 1882, ch. 410, § 453. Xights, precautions against fire and use of aisles in places of amuse- ment. § 762. All lights used in theatres and other places of public amusement, manufactories, stores, hotels, lodging-houses and in show windows shall- be properly protected by globes or glass cov- erings, or in such other manner as the fire commissioner shall pre- scribe. The owners and proprietors of all manufactories, hotels, tenement-houses, apartment-houses, office buildings, boarding and lodging-houses, warehouses, stores and offices, theatres and music halls, and the authorities or persons having charge of all hospitals and asylums, and of the public schools and other public buildings, churches and other places where large numbers of persons are congregated for purposes of worship, instruction or amusement, shall provide such means of communicating alarms of fire, accident or danger, to the police and fire departments, respectively, as the fire commissioner or police board may direct, and shall also provide such fire hose, fire .extinguishers, buckets, axes, fire hooks, fire doors and other means of preventing and extinguishing fires as said fire commissioner may direct. In every building used or occupied as a hotel, lodging-house, or public or private hospital or asylum, there shall be employed by the owner or proprietor, or other person or persons having the charge or management therof, one or more watchmen, whose exclusive duty it shall be to visit every portion of such building, at regular and frequent intervals, under rules and regulations to be established by the fire commissioner, for the pur- pose of detecting fire or other sources of danger, and giving timely warning thereof to the inmates of the building. In every room in each of said buildings there shall be posted a card, upon which shall be printed a diagram showing the exits, halls, stairways, elevators and fire-escapes, and in the halls and passageways, signs shall be posted indicating the location of the stairs and fire-escapes. In each of the said buildings there shall be placed and provided electrical or other alarms and time detectors, to be approved by the fire com- missioner, by means of which the movements of said watchman may be recorded, and through which alarms of fire or other danger mav be instantly communicated, by means of bells or gongs, to every portion of the building. Said electrical apparatus, and all other appliances placed or kept within any of said buildings for the purpose of preventing or extinguishing fires, or for affording means 122 Precautions in Places of Amusement. of escape therefrom in case of fire, shall be kept at ail times in good working order and proper condition for immediate use, and any member of the uniformed force of said department may enter any of the said buildings at any time for the purpose of inspecting said apparatus or appliances. The fire commissioner may detail, not to exceed two members of the uniformed force of said department, at each and every place of amusement where machinery and scenery are in use, while such place is open to the public, whose duty it shall be to guard against fire, and who shall have charge and con- trol of the means provided for its extinguishment, and shall have control and direction of the employes of the place to which they may be detailed for the purpose of extinguishing any fire which may occur therein. It shall also be the duty of such member or mem- bers of the uniformed force of said department to inspect every portion of the building or buildings to which they may be detailed, during public performances therein, for the purpose of guarding and protecting the occupants from fire or panic. Whenever any member of the uniformed force of said department shall discover in any inside aisle or -passageway in any such place of amusement any camp stools, chairs, sofas, or other obstructions, or any person or persons standing or sitting therein, during any public perform- ance, it shall be the duty of such member of the uniformed force forthwith to notify the proprietor or manager of such place of amusement, or any usher, agent or other employe of such proprietor or manager then present, to cause such obstruction to be forth- with removed, or to cause the person or persons standing or sitting in such aisles or passageways to forthwith vacate the same. If the manager or proprietor, or such usher, agent or employe shall cause or permit any camp stool, chairs, sofas or other obstructions to be placed or remain in any aisle or passageway, in any such place of amusement, or shall cause, or permit any person to stand or sit therein, during any public performance, or, having been so notified, shall neglect or refuse to cause such obstruction to be forthwith removed, or to cause such person or persons to forthwith vacate said aisles or passageways, they shall each severally be deemed to have violated the provisions and requirements of this title and the regu- lations or orders duly made thereunder, and shall be subject to the penalties prescribed in this act. In all places of public amusement or entertainment, not included in the foregoing provisions, except in fire-proof buildings, there shall be employed, by the owner or proorietor thereof, one or more watchmen whose exclusive duty it shall be to protect and p-uard the inmates of such buildings from fire and other sources of dansrer. L. 1883, ch. 410, § 454; L. 1893, ch. 703; L. 1894, ch. 247. Sales of Explosives. 123 Gunpowder and other explosives; sales thereof regulated. § 763. No person shall manufacture, have, keep, sell, or give away any gunpowder, blasting-powder, gun-cotton, nitro-glycerine, dualin, or any explosive oils or compounds within the corporate limits of The City of New York, except in the quantities limited, in the manner and upon the conditions herein provided, and under such regulations as the fire commissioner shall prescribe; and said commissioner shall make suitable provision for the storage and safe-keeping of gunpowder and other dangerous and explosive compounds, or articles enumerated under this title, beyond the interior line of low water-mark in The City of New York. The said commissioner may issue licenses to persons desiring to sell gun- powder or any of the articles mentioned under this section at retail, at a particular place in said city to be named in said license (pro- vided that the same shall not be in a building used in any part thereof as a dwelling, unless specially authorized by said license), and persons so licensed may have on their premises, if actually kept for sale, a quantity not exceeding at any one time, of nitro- glycerine, five pounds; of gun-cotton, five pounds; of gunpowder, fourteen pounds; blasting-powder, twenty-five pounds; and all of said articles shall be put up in tight metallic canisters, contain- ing, or capable of containing, not more than one pound each; and the person so licensed shall place on some conspicuous part of the front of the stores or buildings in which they may be licensed to sell powder, or any of the articles named under this section, a sign on which shall be distinctly printed, in characters legible to persons passing such stores or buildings, the words, "licensed to sell gunpowder," or designating such other of the articles herein named as is there ofifered for sale; and every barrel, cask, canister, bottle, can, vessel, box or parcel, in which the same is sold, or into which the same is delivered on being sold, shall be distinctly labeled with a printed sign or label, printed upon or firmly affixed thereto, describing the article contained therein, with the word "danger" distinctly printed below the same. No nitro-glycerine, dualin, or gunpowder shall be manufactured in said city, and no quantities of nitro-glycerine, dualin, or gunpowder ^greater than above pro- vided shall be kept, carried, or conveyed within said city; except that for the purposes of distribution to or delivery from stores and build- ings in said city a quantity not more than five quarter casks may be carried at any one time, during the daytime, for the purpose of transportation from any vessel or sending the same to said stores or buildings, or any vessel or place without said city; provided, that in the carrying or conveying the same it shall be protected by being 124 Fireworks and Explosive Compounds. completely and securely covered with a leather or canvas cover or case, and marked "gunpowder." The commander, owner or own- ers of any ship or other vessel arriving in the harbor of New York,, and having more than twenty-eight pounds of gunpowder, dualin,. or nitro-glycerine on board, shall within forty-eight hours after the arrival, and before such ship or vessel shall approach nearer than three hundred yards of any wharf, pier or slip, to the southward of a line drawn through the center of Seventy-third street, immedi- ately give written notice to the said commissioner of the fact that such powder or nitro-glycerine is on such vessel; but it shall be law- ful either to proceed with such ship or vessel to sea within forty- eight hours after her arrival, or to tranship such gunpowder, dualin, or nitro-glycerine from one ship or vessel to another for the purpose of immediate transportation, without landing the same; provided, however, that tbe provisions of this section shall not apply to any vessel receiving gunpowder on freight on any one day, provided such vessel do not remain at any wharf of the said city, or be within three hundred yards thereof after sunset. All gunpowder, guncot- ton, blasting powder, dualin, nitro-glycerine, or other explosive compound, found in violation of this section shall be forthwith seized and safely stored, and be sold, upon three days' notice to the owner or claimant; and the proceeds of such sale, after deducting all expenses, shall be forfeited and paid over to and for the use and benefit of the relief fund of the fire department of The City of New York. Nothing contained in this section shall be construed to apply to any ship or vessel of war in the service of the United States or of any foreign government, while lying distant three hundred yards or upwards from the wharves, piers, or slips of the said city, nor to any ship or vessel of war in the service of the United States while lying at any part of the Navy Yard in the borough of Brooklyn. L. 1882, ch. 410, § 455. (a) The statutes concerning pos- issuing- the permit mentioned in session and transportation of gun- this section to require the payment powder in the city are police regu- as a license fee of a reasonable sum lations in prevention of a nuisance. for defraying the expense attend- Foote V. Fire Dept., 5 Hill, 99. See ing the issuing and recording of Cathcart v. Fire Dept., 26 N. Y. 529. the license. The ilayor v. Miller, (b) The board have power upon 12 Daly, 496. Fireworks and explosive compounds; manufacture and sale thereof. § 764. No fireworks, detonating works, cartridge, powder train, percussion caps, collodion, nitrate of soda, nitrate of silver, ether, phosphorous, matches, or explosive compounds shall hereafter be manufactured, stored, or kept upon sale in the city, except at such Storage and Sale of Petroleum, etc. 125 places, in such manner, and in such quantities as shall be determined by the said commissioner in the exercise of his discretion, under a permit by him granted therefor, and subject to be revoked at any lime by said commissioner. Fireworks, consisting of Chinese crack- ers, rockets, blue lights, candles, colored pots, lance wheels, and other works of brilliant- colored fires may be kept upon sale inter- vening the tenth day of June and the tenth day of July, in each year, by retail dealers, under such reasonable regulations as said commis- sioner may prescribe, under a permit issued therefor. No quantity of the following-named chemicals, acids, and combustible materials, greater than is hereinafter enumerated, shall be stored or kept in or upon any one building within the city, namely: Sulphur, one thou- -sand pounds ; manufactured matches, five hundred pounds ; saltpetre, nitrate of soda, five hundred pounds in the whole; nitrate of silver, collodion, ether, phosphorous, fifty pounds in the whole; aqua fortis, muriatic acid, nitric acid, and sulphuric acid, not exceeding one thousand pounds in the whole; tar, pitch, rosin, turpentine, one hundred barrels in the whole, except the same shall be stored and kept in such building and manner as said commissioner may require, under a special permit by him issued therefor. L. 1882, ch. 410, § 456. IPetroleum and coal oils, etc.; sale thereof. § 765. No person shall have, keep on sale, or store in any place or building within the corporate limits of the city, any crude petroleum, coal or any similar oil, nor any of their products, either of which shall emit an inflammable vapor at a temperature below one hundred ■degrees of Fahrenheit, except under the following provisions; they or any of their products may be stored in detached and properly ventilated warehouses, the outer walls of which shall be stone, brick 01 iron, especially adapted for the purpose by having raised sills, at least two feet high, or the ground floor of which shall be at least two feet below the level of the street or adjoining yard, or so con- structed as to actually prevent the overflow of such substances beyond the premises where the same may be kept stored. Said warehouses shall not be occupied in any part as a dwelling; and if less than fifty feet from any adjacent dwelling the same must be separated by a brick or stone wall at least ten feet in height and •sixteen inches thick, constructed in such manner as said commis- sioner may prescribe, but the same mav be stored in such other manner as said commissioner mav desig-nate under a special permit' issued therefor. No refined petroleum, kerosene, coal or similar oil, ■ or earth or rock oil, or machinery oil, or anv product thereof to be 126 Storage and Sale of Petroleum, etc. used for illuminating or heating purposes which shall emit an inflammable vapor at a temperature below one hundred degrees Fahrenheit, shall be kept upon sale or stored within the corporate limits of the city. All said articles shall be tested and their quality dtermined by sanitary surveyors authorized by said commissioner, using G. Tagliabue's instruments, or such other instruments as may be designated by said commissioner, the barrels or packages con- taining the same to be legibly stamped or marked with said inspector's official stamp or mark. No refined petroleum, kerosene, gasoline, naphtha or benzine, benzole, camphene, or burning fluid, or products or compounds containing any of said substances, vv^lien temporarily placed above the cellar or basement of any building, and in barrels of not over forty-five gallons each, or in metallic ves- sels or tanks, shall exceed in the whole quantity the contents of fifty of said barrels; provided, however, that the whole quantity of said refined oils that may be so kept or stored over night shall not exceed the contents of ten of said barrels, unless stored in the manner pro- vided for storing crude petroleum; and when stored in cellars or basements, surrounded by walls of brick or stone, and at least two feet below the level or grade of the sidewalk, street or land adjacent, the whole quantity shall not exceed the contents of one hundred and fifty barrels, unless stored in warehouses specially adapted for that purpose, as required for the storage of crude petroleum under this section ; provided, also, that no quantity of said oils greater than one barrel shall be stored or kept in any building occupied in any part thereof as a dwelling. No refined petroleum, kerosene, gasoline, naphtha, benzine, benzole, camphene, burning fluid or products or compounds containing any of said substances, shall be kept or stored on or above the first story or floor of any building, exceeding in the whole quantity the contents of five barrels, of forty gallons each. In no case shall any of the articles named in this section be allowed to remain on the sidewalk beyond the front line of any building, or in or upon the streets, docks, piers, bulkheads, slips, highways or public places a longer time than is actually necessary for the removal or loading of the same, and said commissioner may establish and enforce general regulations and issue such orders and special directions relative to the handling, lightering, carting, loading and transportation of the several articles named under this section as in his discretion shall be deemed necessary for the public protection, and said commissioner may issue special permits authorizing the keeping of any of the articles enumerated under this section in buildings, tanks or structures fire-proof Criminal Liability for Death. 127 tjiTougliout, in such quantities, in such manner, and subject to such regulations, as shall tend to secure the same against danger. L. 1882, ch. 410, § 457. See Fire Dept. v. Gilmour, cited under § 771, post. Xd.; continued. § 766. No person shall sell at retail or give away any kerosene, or other product of petroleum, or any similar oil to be used for heating or illuminating purposes, without first obtaining a license therefor from the fire commissioner, under such rules and regula- tions as he may prescribe, which license shall be for the term of one year and shall not be transferable, and for every such license and for every renewal of the same the said commissioner shall demand and receive the sum of ten dollars. Said licenses shall be posted in a consjMcuous place in the store of the person or persons to whom the same is issued and may be revoked for cause by said commissioner. Any person who shall sell any of the compounds above mentioned in this or the last section, without first obtaining a license therefor, shall forfeit and pay the sum of twenty-five dol- lars. But licenses for this purpose may be granted in the bor- oughs of Queens and Richmond without the payment of the license fee in this section prescribed. See L. 1882, ch. 410, § 458. Criminal liability if death, results from, violation of foregoingf rules. § 767. In case any person is burned by the explosion of any compound, the sale of which is prohibited by any section of this title, or which has not been subjected to sanitary survey, or licensed as therein provided, and death ensues therefrom, the person found guilty of selling the same shall be deemed guilty of a felony, and, upon conviction, shall be punished by a fine of not less than one thousand dollars, nor more than five thousand dollars, or by imprisonment in the state prison for a term not less than one year nor more than five years; and in case of a bodily injury the party injured may maintain an action for damages against the party vio- lating the provisions of this title. Any dealer who shall present and deliver for sanitary survey a sample of oil different from, and which does not represent the quality of oil actually kept by him or her for sale, and not taken from the actual stock being offered for sale, and of the same quality therewith, shall forfeit and pay the sum of fifty dollars. If any fire insurance company, organized under the laws of this state, or any insurance company of any other state, or any foreign insurance company authorized to do the busi- ness of insurance in this state, shall endorse upon any policy issued 128 Fire and Lights on Ships, etc. by them the right or privilege to keep, deal in, give away, sell, or use any article or compound of a combustible or explosive char- acter, the sale of which is made unlawful by any act of the legis- lature of this state, or shall cause or permit such indorsement to be made by others upon their policies of insurance, they shall for each and every such offense forfeit and pay a fine of five hundred dollars. I.. 1882, ch. 410, § 459. Tires and lights on vessels transporting' petroleum. § 768. It shall be unlawful for the owner, or for any of the offi- cers, employes, or crew of any ship, vessel, canal boat, barge, lighter, boat, or other craft lying at or within one hundred and fifty feet of any warehouse, yard, shed, dock, pier, bulkhead, wharf, or other place within The City of New York, at, in, or on which petroleum oil, or any of its products, is stored, or kept for export, or in quantities exceeding ten thousand gallons; or, for any other person or persons, to bring, keep, have, or use, or suffer or permit to be brought, kept, had, or used on board of any such ship, ves- sel, canal boat, barge, lighter, boat, or other craft, or at, in, or on any such warehouse, shed, yard, dock, pier, bulkhead, wharf, or other place, any lighted match, or lighted cigar, cigarette, or pipe, or any fire or light of any kind, without, or otherwise than in strict conformity with, the written permission of the owner, lessee, or superintendent of such warehouse, shed, yard, dock, pier, bulkhead, v.-harf, or other place, specifying the fire or light to be kept, had, or used, the particular purpose for, and the place or spot at which the same may be so kept, had, or used, and the particular manner of keeping, having, or using the same. This section shall not apply to steam tugs while transacting their ordinary business, nor to steam fire engines engaged in extinguishing fires. Every viola- tion of this section shall be a misdemeanor, triable before the court of special sessions. L. 1882, ch. 410, § 460. See Fire Dept. v. Gilmour, cited under § 771, post. rtorage of certain chemicals regulated. § 769. Except upon the approval of the fire commissioner, no quantity of the following named chemicals and combustible mate- rials greater than is hereinafter enumerated shall be stored or kept in or upon any one building within the city, namely: Hemp or flax, unbaled, two thousand pounds in the whole; varnish, rosin, twenty barrels in the whole; alcohol, pure spirits, camphene, burn- ing fluid, five barrels in the whole; unslacked lime, ten barrels; Storage of Vegetable Products. 129 vitriol, five carboys in the whole ; loose wood shaving, one hundred pounds; except the same shall be stored and kept upon an open space of ground, surrounded by a wall constructed entirely of fire- proof materials, at least twelve feet high and twelve inches thick; or within a fire-proof building remote or distant at least fifty feet from any adjacent building. L. 1882, ch. 410, § 461. See Fire Dept. v. Gilmour, cited under § 771, post- Id.; of certain vegetable products. § 770. No quantity of cotton, hay, straw, flax, hemp, husks, rushes, oakum, rags, seaweed, jute, or other vegetable fibre when pressed or baled, greater than twenty tons in the whole, shall be stored or kept in any building within The City of New York, unless kept in a building fire-proof throughout, or upon an open space of ground surrounded by a wall constructed entirely of fire-proof materials, at least twelve feet high, and twelve inches thick, or within a fire-proof building, remote or distant at least fifty feet from any adjacent building, or in a building approved by the New York board of underwriters or the fire commissioner, and of which approval a certificate shall have been issued by said board or com- missioner, and shall not have been revoked; and none of the arti- cles enumerated in this section, when loose or not baled, shall be kept as aforesaid in quantity exceeding one thousand pounds in the whole; excepting in a private stable, in which may be kept such loose hay and straw in quantity not exceeding twenty-five hundred pounds in the whole, except upon the approval of the fire commissioner. No person shall have, put, or keep any hay or straw uncovered in any stack or pile, or in any other way exposed, within one hundred yards of any building in said city, or shall have, put or keep within said city any hay, straw, hemp, flax, shav- ings, or rushes in any building not built of stone, or brick, or iron, or covered with tile or slate, or other fire-proof material, which is or shall be within ten feet of any dwelling-house or chimney whatsoever except upon like approval. X,. 1882, ch. 410, § 462. See Fire Dept. v. Gilmour, cited under § 771, post. Sight to enter buildings, etc., for purposes of examination. § 771. The commissioner and his officers or agents, under the ■direction of the commissioner, or either of them, are herebv empow- ered at anv and all times to enter into and examine all buildings, dwelling-houses, livery and other stables, hay boats, or vessels, and ISO Right to Examine Buildings. Ijlaces where any merchandise, gunpowder, hemp, flax, tow, hay^. rushes, firewood, boards, shingles, shavings, or other combustible, materials may be lodged, for the purpose of ascertaining all viola- tions of any of the provisions of this title, and also the places where ashes may be deposited, and upon finding that any of them are- defective or dangerous, or that a violation of this title exists therein, may deliver a written or printed notice, containing an extract from this title, of the provisions in reference thereto, and notice of any violation thereof, and notice to remove, amend, or secure the same within a period to be fixed therein. And in case of neglect or refusal on the part of such occupant or of the possessor of such com- bustible materials, or any of them, so to remove, amend, or secure the same within the time and in the manner directed by the said commissioner in such notice, the party offending shall forfeit and pay, in addition to any penalty otherwise imposed, the sum of twenty-five dollars, and the further sum of five dollars for every day's neglect to remove, amend, or secure the same after being so notified. All the expenses of any removal, alteration or amend- ment as aforesaid, shall be paid in the first instance by the occupant, . but shall be chargeable against the owner of such dwelling house or other building, and shall be deducted from the rent of the same, unless such expense be rendered necessary by the act or default of such occupant, or unless there be a special agreement to the con- trary between the parties. L. 1882, ct. 410, § 463. (a) Where the legislature, in the such determination, is open to con- exercise of the police power, enacts testation by the party affected a, regulation defining the duty of thereby, and he is entitled, when citizens, either in respect to their sued for a disobedience of the or- personal conduct or the use of their der, to show that it was unreason- property, the reasonableness of the able, unnecessary, and oppressive, thing enjoined or prohibited is not 1896, Fire Department of N. Y. v. an open question, because the su- Gilmour, 149 N. Y. 453; affi'g 4 preme legislative power has deter- Misc. 202. mined it by enacting the rule. But (b) It is not essential to the val- where the legislature enacts no idity of an order of the commis- general rule of conduct, but invests sioners of the fire department of a subordinate board with the the city of New York for the secur- power to investigate and determine ing or removal of combustibles on the fact whether in any special case private premises, that the person any use is made of property for affected thereby should have been purposes of storage, dangerous on notified of the precedent investiga- account of its liability to originate tion of his premises by the agents- or extend a conflagration, not pre- of the fire commissioners, or that scribing the uses which it permits he should have been afforded an or disallows, then the reasonable opportunity to be heard before the ness of the determination of the order was made. Fire Dept. of N_ hoard or of the order prohibiting a Y. v. Gilmour, supra- particular use in accordance with Fines and Penalties. 131 Information to be furnislied by holders of permits. § 772. All persons or corporations who shall be required to have and obtain permits shall furnish such information as may be required, touching the condition of any building and the business therein proposed to be conducted, preliminary to obtaining such permits. L. 1882, ch. 410, § 464. Pines and penalties. § 773. Any person, persons, or corporations, for the violation of, or non-compliance with, any of the several . provisions of the sev- eral sections of this title, when the penalty is not therein specially provided, shall severally forfeit and pay a fine or penalty in the sum of fifty dollars for each and every offense, or shall forfeit and pay the penalties respectively imposed under any of said sections, and shall also be severally liable for any costs or expenses that may be incurred by any violation of, or noncompliance with, any require- ment under said sections, and shall also be severally liable for the payment of the further penalty of the sum of fifty dollars for any violation of, or noncompliance with, any regulation, order or special •direction issued by said commissioner, or for failure to attend and testify as required by any subpoena issued, as authorized under this chapter. Said commissioner may, in his discretion, pay a portion of a fine, or penalty, when collected, not to exceed one-half thereof, to any person giving information of any such violation. All suits and proceedings authorized by this title, or to recover any penalty for the violation of or failure to comply with any law or any rule, regulation, order or requirement of, or made pursuant to the pro- visions of any law, the enforcement of which is charged upon said department or any of the several bureaus thereof, shall be brought by and in the name of the fire commissioner of The City of New York, but no fees or costs shall be demanded of said department in any such suit or proceeding. Any person who shall wilfully violate, or neglect or refuse to comply with any provision or requirement of this title, or any regulation, order or special direction duly made thereunder, shall also be guilty of a misdemeanor. li. 1882, ch. 410, § 465. 132 Department of Health. CHAPTER XIX. BEPAETMENT OP HEALTH. TITLE I. ORGANIZATION, ADMINISTRATION, AUTHORITY, DUTIES AND POWERS OF DEPARTMENT. See. 1176. Proceedings relative to dangerous buildings, vessels, places and things. Proceedings relative to dangerous buildings, vessels, places and things. § 1 176. Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the seAverage, drainage or ven- tilation thereof, in said city, shall, in the opinion of said board, whether as a whole or in any particular, be in a condition or in effect dangerous to life or health, said board may take and file among its records what it shall regard as sufficient proof to authorize its decla- ration that the same, to the extent it may specify, is a public nuis- ance, or dangerous to life or health ; and said board may thereupon enter in its records the same as a nuisance, and order the same to be removed, a'bated, suspended, altered, or otherwise improved or puri- fied, as said order shall specify; and if any party served with such order (or intended to be according to this chapter), shall, before its execution is commenced, or within three days after such service or attempted service, apply to said board, or the president thereof, to have said order or its execution stayed or modified, it shall then be the duty of said board to tempo^rarily suspend or modify said order or the execution thereof, save in cases of imminent danger from impending pestilence, when said board may exercise extraordinary powers, as herein elsewhere specified, and to give such party or parties together, as the case in the opinion of the board may require, a reasonable and fair opportunity to be heard before said board and to present facts and proofs, according to the rules or directions of said board, against said declaration and the execution of said order, or in favor of its modification, according to the regulations of the board; and the board shall enter in its minutes such facts and proofs as it may receive and its proceedings on 'such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its said declaration and order, and require execution of said original, or of a new or modified order to be made in such form and effect as it may finally determine. Said board may order or Department of Health. 133 cause any excavation, erection, vehicle vessel, water-craft, room, building, place, sewer, pipe, passage, premises, ground, matter or thing in said city or adjacent waters, regarded by said board as in a condition dangerous or detrimental to life or health, to be purified, cleaned, disinfected, altered or improved; and may also order any substance, matter or .thing being or left in any street, alley, water, excavation, building, erection, place or grounds (whether such place, where the same may be, is public or private), and which said board may regard as dangerous or detrimental to life or health, to be speedily removed to some proper place; and may designate or pro- vide a place to which the same shall be removed, when no such adquate or proper place, in the judgment of said board, is already provided. If said order is not complied with, or as far complied with as said board of health may regard as reasonable, within five days after such service or attempted service, or within any shorter time, which, in case of pestilence, the board of health may have des- ignated, or is not thereafter speedily and fully executed, then any such order may be executed as herein elsewhere provided in regard to any of the orders O'f said board. And if personal service of any aforesaid order cannot be made under this section by reason of absence from said district, or inability to find one or more of the owners, occupants, lessees or tenants of the subject-matter to which said order relates, or one or more of the persons whose duty it was to have done what is therein required to be done, as the case may render just and proper in the opinion of said board; to be shown by the official certificates of the officer having such order to serve, then said service may be made through the mail, or by a copy left at the residence or place oi business of the person sought to be served, with a person of suitable age and discretion, and the expenses attending the execution of any and all such orders respectively shall be a several and joint personal charge against each of the owners or part owners, and each of the lessees and occupants of the building, business, place, property, matter or thing to which said order relates, and in respect of which said expenses were incurred; and also^ against every person or body who was by law or contract bound to do that in relation to such business, place, street, property, matter or thing, which said order requires and said expenses shall also be a lien on all rent, compensation due or to grow due, for the use of any place, room, building, premises, matter or thing to which siaid order re- lates, and in respect of which said expenses were incurred; and also, a lien on all compensation due or to grow due for the cleaning of any street, place, ground or thing, or for the cleansing or removal of any matter, thing or place, the failure to do which by the party 134 Department of Health. bound so to do, or the doing of the same in whole or in part by order of said board, was the cause or occasion of any such order or expense. Said board of health, its assignee or the party who has, under its order or that of the police board, acting thereunder, in- curred said expense, or has rendered service for which payment is due, and as the rules of said board of health may provide, may institute and maintain a suit against any one herein declared liable for expenses as aforesaid, or against any person, firm or corpora- tion owing, or who may owe, such rent or compensation, and may recover the expenses so incurred under any order, aforesaid. And only one or more of such parties liable or interested may be made parties to such action as the board may elect; but the parties made responsible as aforesaid for such expenses shall be liable to con- tribute, or to make payment as between themselves, in respect of such exepnses and of any sum recovered for such expenses or com- pensation, or by any party paid on account thereof, according to the legal or equitable obligation existing between them. L. 1882, ch. 410, §§ 535, 578, 630, 631. The order of the board of health, terfere with a stand on the street in declaring a business to be a nuisance, attached to a public market as an ob- held to be a legislative act and not struction upon a public street or a subject to review on certiorari. People nuisance ; but only have power over ex rel. Savage v. Board of Health, 33 such obstructions as are dangerous to Barb. 344 ; 13 Abb. Pr. 88 ; 20 How. life or health. The Mayor v. Metro- Pr. 458. politan Board of Health, 81 How. Pr. The board of health cannot in- 385. TITLE 7. TENEMENT AND LODGING-HOUSES. Sec. 1304. Construction generally; halls and windows, etc. 1305. Definitions. 1306. Eoofs and stairs and fire-escapes. 1307. Sleeping-rooms; ventilation. 1308. Water-closets, privies and sinks. 1309. Cellars and basements of tenement-houses not to be occupied for living purposes, except in certain cases. 1310. Cellars and vaults not to be used for sleeping-rooms. 1311. Traiisoms, windows, doors, etc. 1312. Certain occupations and business prohibited in tenement- houses. 1313. Tenements, etc., to be cleansed; owners' names to be regis- tered in department of health. 1314. Inspection twice a year; officers to have access. 1315. Infected and uninhabitable houses to be condemned by board of health. 1316. Proceedings for condemnation prescribed. Construction of Tenements. 135 ■^Sec. 1317. Houses hereafter erected to comply with additional require- ments. 1318. Construction of tenement-houses and spaces prescribed for building the same. 1319. Dimensions and ventilation of rooms. 1320. Chimneys, ash receptacles, water, cellar floor, ceiling's and gas in tenement-houses. 1321. Overcrowding of tenement-houses prohibited; housekeeper in same required. 1322. Penalties for violations of provisions concerning tenement- houses. 1323. Power of department of buildings and of board of health to make other regulations relative to tenement or lodging- houses. 1324. Sanitary company of police. 1325. This chapter a remedial statute. Construction, generally; halls and windows, etc. § 1304. Every house, building, or portion thereof, in The City of New York, used, occupied, leased or rented for a tenement or lodg- ing-house must conform in its construction, appurtenances and premises to the requirements of this title; and its use and occupa- tion shall be regulated subject to the ordinances of the sanitary code, applicable thereto, and the orders of thei board of health duly made, pursuant to its authority, duty and powers conferred and enjoined upon it in this chapter. If occupied by more than one family on a floor, and if the halls do not open directly to the exter- nal air, with suitable windows, without a room or other obstruction -at the end, it shall not be used, occupied, leased or rented, unless sufficient light and ventilation is otherwise provided for in said halls, approved so far as relates to construction by the department of buildings, and if the building be completed, approved so far as. relates to health and sanitary conditions, by the board of health. Jj. 1882, oh. 410, § 649. Definitions. § 1305. A tenement-house within the meaning of this title shall 1)6 taken to mean and include any house or building, or portion thereof, which is rented, leased, let or hired out, to be occupied, or is occupied as the home or residence of three families or more liv- ing independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies, or some of them. A lodging-house shall be taken to mean and include any house or building, or portion 136 Ventilation of Tenements. thereof, in which persons are harbored, or received or lodged, for hire for a single night, or for less than a week at one time, or an}"- part of which is let for any person to sleep in, for any term less than a week. A cellar shall be taken to mean and include every basement or lower story of any building or house of which, one- half or more of the height from the floor to the ceiling, is below the- level of the street adjoining. L. 1882, eh. 410, § 666, as amd. by L. 1887, ch. 84. Koofs and stairs and fire-escapes. § 1306. The roof of every such house shall be kept in good' repair, and so as not to leak, and all rain water shall be so drained or conveyed therefrom, as to prevent its dripping on to the ground, or causing dampness in the walls, yard, or area. All stairs shall be provided with proper banisters and railings, and shall be kept in good repair. Every such house shall be provided with a proper fire-escape, or means of escape in case of fire, to be approved by^ the department of buildings. L. 1882, oh. 410, §§ 651, 652. (o) This provision establishes Donohue v. Kendall, 50 N. Y. Super. the personal liability of those in (J. & S.) 386; Brennan v. taehat, 14 possession or control of tenement- Daly, 197; s. c, 6 N. Y. State Eep. houses for damages caused by de- 278; see Willy v. MuUedy, 78 N. Y. fective condition of stairwaj'^s. 310. Sleeping-rooms; ventilation. § 1307. Every house, building or portion thereof in the city- designed to be used, occupied, leased or rented, or which is used,, occupied, leased or rented for a tenement or lodging-house, shall have in every room which is occupied as a sleeping-room, and which does not communicate directly with the external air, a venti- lating or transom window, having an opening or area of three square feet, over the door leading into, and connected with the adjoining room, if such adjoining room communicates with the external air, and also a ventilating or transom window of the same opening or area, communicating with the entry or hall of the house, or where this is, from the relative situation of the rooms, impracticable, such last-mentioned ventilating or transom window shall communicate with an adjoining room that itself communicates with the entry or hall. Every such house, or building, shall have in the roof, at the top of the hall, an adequate and proper ventilator, of a form approved by the department of buildings. L. 1882, eh. 410, § 650. Plumbing of Tenement Houses. 137 "Water-closets, privies and sinks. § 1308. Every tenement and lodging-house or building shall be provided with as many good and sufficient water-closets, improved privy sinks, or other similar receptacles, as the department of health shall require, but in no case shall there be less than one for every fifteen occupants. The water-closets, sinks, receptacles, shall have proper doors, soil pipes, and traps, all of which shall be properly ventilated to prevent the escape of deleterious gas and odors, soil, pans, cisterns, pumps and other suitable works and fix- tures, necessary to insure the efficient operation, cleansing, and flushing thereof. Every tenement or lodging-house situated upon a lot on a street or avenue in which there is a sewer, shall have a separate and proper connection with the sewer; and the water- closets, sinks, and other receptacles shall be properly connected with the sewer by proper pipes made thoroughly air-tight. Such sewer connection, and all the drainage and plumbing work, water- closets, sinks and other receptacles, in and for every tenement and lodging-house shall be of the form, construction, or arrangement, location, materials, workmanship ar.d description as may be required by the rules and regulations cf the department of buildings of The City of New York. Every owner, lessee and occupant shall take adequate measures to prevent improper substances from enter- ing such water-closets, or sinks, or their connections, and to secure the prompt removal of any improper substances that may enter them, so that no accumulation shall take place, and so as to pre- vent any exhalations therefrom, offensive, dangerous and preju- dicial to life or health, and so as to prevent the same from being or becoming obstructed. Every person who shall place filth, urine or fecal matter in any place in a tenement-house other than that pro- vided for the same, and every person who shall keep filth, urine or fecal matter in his apartment or upon his premises such length of time as to create a nuisance shall be guilty of a misdemeanor. No privy, vault or cess-pool shall be allowed in, under, or connected with any such house except when it is unavoidable, and a permit therefor shall have been granted by the department of health, and in such case it shall be constructed in such situation and in such manner as the department of buildings may direct. It shall in all cases be water-tight and arched or securely covered over, and no offensive smell or gases shall be allowed to escape therefrom, or from any closet, sink or privy. In all cases where a sewer exists in the street or avenue, upon which the house or building stands, the yard or area shall be connected with the sewer, so that all water from the roof or otherwise, and all liquid filth shall pass freely into 138 Occupation of Cellars. the sewer. Where there is no sewer in the street or avenue, or adjacent thereto, with which connection can be made, the yard and area shall be so graded that all water from the roof or otherwise, and all filth shall flow freely therefrom into the street gutter, by a passage beneath the sidewalk, which passage shall be covered by a permanent cover, so arranged as to permit access to remove ^obstructions or impurities. L. 1882, ch. 410, § 653, as amd. by L. 1889, ch. 211. Cellars and basements of tenement-houses not to be occupied for living purposes, except in certain cases. § 1309. It shall not be lawful, without a permit from the depart- ment of buildings, to construct, during the erection of a tenement or lodging-house, nor after the completion of such tenement or lodging- house, any room or rooms in any basement or cellar to be occupied W'holly or in part as a dwelling, nor shall it be lawful without a per- mit from the department of health to let, occupy, or suffer to be occupied separately as a dwelling, any vault, cellar or underground room, built or rebuilt after July first, eighteen hundred and sixty- seven, or which shall not have been so let or occupied before said date. It shall not be lawful, without such permit, to let or continue to be let, or to occupy or suffer to be occupied separately as a dwelling, any vault, cellar, basement, or room wholly or in part underground, unless the same be in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, nor unless the same be for at least two feet of its height above the surface of the street or ground adjoining or nearest to the same, nor unless there be outside of and adjoining the said vault, cellar, room or basement, and extending along the entire frontage thereof, and upwards from six inches below the level of the floor thereof up to the surface of said street or ground, an open space of at least two feet and six inches wide in every part, nor unless the same be well and effectually drained by means of a drain, the upper- most part of which is one foot at least below the level of the floor of such vault, cellar or room, nor unless there is a clear space of not less than one foot below the level of the floor, except where the same is cemented, nor unless there be appurtenant to such vault, cellar, or room, the use of a water-closet or privy kept and provided as in this title required; nor unless the same have an external win- dow opening of at least nine superficial feet clear of the sash frame, in which window opening there shall be fitted a frame filled with glazed sashes, at least four and a half superficial feet of which shall be made so as to open for the purpose of ventilation. In the case Occupation of Cellars. ^39 •of an inner or back vault, cellar, or room, let or occu- pied along with a front vault, cellar, or room, as part of the same letting or occupation, it shall be a sufficient com- pliance with the provisions of this section if the front room is provided with a window, as hereinbefore provided, and if the said back cellar or room is connected with the front vault, cellar, or room, by a door, and also by a proper ventilating or transom window, and where practicable, also connected by a proper venti- lating or transom window, or by some hall or passage communicat- ing ,with the external air. In any area adjoining a vault, cellar, underground room, or- basement, there may be steps necessary for access to such vault, cellar, or room, if the same be so placed as not to be over, across or opposite to the said external window, and so as to allow between every part of such steps and the external wall of such vault, cellar or rooms, a clear space of six inches at least, and if the rise of said steps is open; and provided further that over or across any such area, there may be steps necessary for access to any building above the vault, cellar or room to which such area adjoins, if the same be so placed as not to be over, across or oppo- site to any such external window. L. 1882, ch. 410, § 654, as amd. by L, 1895, eh. 567. Cellars and vaults not to be used for sleeping-rooms. § 1310. No vault, cellar, or underground room shall be occupied as a place of lodging or sleeping, except the same shall be approved, in writing, and a permit given therefor by the board of health. No wall paper shall be placed upon a wall or ceiling of any tenement or lodging-house, unless all wall paper shall be first removed there- from, and said wall and ceiling thoroughly cleansed. Every tene- ment or lodging-house, and every part thereof, shall be kept clean and free from any accumulations of dirt, filth, garbage or other mat- ter in or on the same, or in the yard, court, passage, area or alley • connected with it, or belonging to the same. The owner or keeper of any lodging-house, and the owner or lessee of any tenement- house or part thereof, shall thoroughly cleanse all the rooms, -passages, stairs, floors, windows, doors, walls, ceilings, privies, cess- pools, and drains of the house or part of the house of which he is the owner or lessee, to the satisfaction of the department of health, so often as he shall be required by or in accordance with any order of the board of health and any regulation or ordinance of said department, and shall well and sufficiently, to the satisfaction of the said health department, whitewash the walls and ceilings thereof once at least in every year. L. 1883, ch. 410, §§ 655, 657, as amd. by L. 1895, ch, 567. HO Business Uses of Tenements. Transoms, windows, doors, etc. § 131 1. All transoms, windows, doors and other openings lead- ing into halls, or into rooms opening into halls, from bakeries or places of business, in which fat is boiled in the basements, cellars or on the first floors, of all tenement-houses in The City of New York, shall be solidly closed with the same material as the walls or partitions in which, the openings exist, so that there shall be no opening between said bakeries, or other places of business of said floor in which fat is boiled, and the other parts of the tenement- house in which the same shall be situated. All transoms and win- dows opening into halls from any portion of said floor of any tenement-house where paint, oils, spirituous liquors or drugs are stored, or kept for the purpose of sale, or otherwise, shall be glazed with wire glass, or they shall be removed and closed up as solidly as the rest of the wall ; and all doors leading into such hall, or room from such portion of said floor, of said tenement-house used as aforesaid, shall be made fire-proof. L. 1895, ch. 567, § 5. Certain occupations and business prohibited in tenement-bouses. § 1 312. Every tenement or lodging-house shall have the proper and suitable conveniences or receptacles for receiving garbage and other refuse matters. No tenement or lodging-house or premises, nor any portion thereof, shall be used as a place of storage for any combustible article, or any article dangerous to life or detrimental to health; nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in said house or on the premises thereof. No bakery or place of business in which fat is boiled shall be maintained in any tenement-house which is not fire-proof, or where the ceiling and side walls of place, where said fat boiling is done, are not made safe by fire-proof material around the same, except by permit of and under such conditions as may be prescribed by the fire department; no part of any tenement-house shall be used for the storage of feed, hay, or straw, except by permit of and under such conditions as may be prescribed by the fire department. L. 1882, ch. 410, § 656, as amd. by L. 1895, cb. 567. Tenements, etc., to be cleansed; owners' names to be registered in de- partment of health. § 1313. Every owner of a tenement or lodging-house and every person having control of a tenement or lodging-house, shall file in the department of health, a notice containing his name and address, and also a description of the property, by street number or other- Owners of Tenements to be Registered. 141 wise, as the case may be, in such manner as will enable the depart- ment of health easily to find the same; and also the number of apartments in each house, the number of rooms in each apartment, the number of families occupying the apartments, and the trades or occupations carried on therein. In case of a transfer of any tene- ment-house, or lodging-house, it shall be the duty of the grantor and grantee of said tenement or lodging-house to file in the depart- ment of health a notice of such transfer, stating the name of the new owner, within thirty days after such transfer. In case of the devo- lution of said property by will, it shall be the duty of the executor and of the devisee, if more than twenty-one years of age, and in case of the devolution of such property by inheritance without a will, it shall be the duty of the heirs, or in case all of the heirs are under age, it shall be the duty of the guardians of such heirs, and in case said heirs have no guardians, it shall be the duty of the adminis- trator of the deceased owner of said property to file in said depart- ment a notice, stating the death of the deceased owner, and the names of those who have succeeded to his interest in said property, within thirty days after the death of said decedent, in Case he died intestate, and within thirty days after the probate of his will, if he died testate. A failure to file such notice shall make said prop- erty, and the owners thereof, liable to a penalty of not less than ten dollars nor more than fifty dollars. Said penalty may be recovered in an action brought by the health department, as provided in this act. Every person claiming to have an interest in any tenement or lodging-house may file his name and address in the department of health. All notices and orders of the department of health required by law to be served in relation to a tenement or lodging- house, shall be served by posting in some conspicuous place in the house a copy of the notice or order, five days before the time foi doing the thing, in relation to which said notice or order was i.'.sued. The posting of a copy of an order or notice, in accordance with this section, shall be sufficient service upon the owner of the property affected. It shall be the duty of the department of health to cause a copy of every such notice or order to be mailed, on the same day that it is posted in the house, addressed to the name and address of each person who has filed with the department of health the notice provided for in this section. L. 1882, ch. 410, § 657, as amd. by L. 1895, ch. 567. Inspection twice a year; ofl&cers to have access. § 1 3 14. It shall be the duty of the board of health to cause a care- ful inspection to be made of every tenement and lodging-house 142 Inspection of Tenement Houses. at least twice in each year. And whenever the board of health has made any order concerning a tenement or lodging-house it shall cause a reinspection to be made of the same within six days after- it has been informed that the order has been served. The keeper of any lodging-house and the owner, agent of the owner, lessee or occupant of any tenement-house, and every other person having the care and management thereof, shaU, at all times,, when required by any officer of the department of health, or by any officer upon whom any duty is conferred by this title, give him free access to such house, and to every part thereof. The owner or keeper of any lodging-house, and the owner, agent of the owner and the lessee of any tenement-house or part thereof, shall, when- ever any person in such house is sick of fever, or of any infectious, pestilential or contagious disease, and information thereof has been given to such owner, keeper, agent or lessee, give immediate notice thereof to the board of health, or to some officer of the same, and thereupon said board shall cause the same to be immediately cleansed or disinfected, at the expense of the owner, in such manner as it may deem necessary and effectual, and it may also cause the blankets, bedding and bed-clothes used by any such sick person to be thor- oughly cleansed, scoured and fumigated, or, in extreme cases, to be destroyed. L. 1882, ch. 410, § 658, as amd. by L. 1887, ch. 84. Infected and uninhabitable houses to be condemned by board of health. § 131 5- Whenever it shall be certified to the board of health of The City of New York by the sanitary superintendent or an assist- ant sanitary superintendent that any building or any part thereof in The City of New York is infected with contagious disease, or by reason of want of repair has become dangerous to life, or is unfit for human habitation because of defects in drainage, plumbine. ven- tilation, or the construction of the same, or because of the existence of a nuisance on the premises, which is likely to cause sickness among its occupants, the said board of health may issue an order requiring all persons therein to vacate such building or part thereof for the reasons to be stated therein as aforesaid. Said board shall cause said order to be affixed conspicuously in the building or part thereof and to be personally served on the owner, lessee, agent, occu- pant, or any person havino- the charge or care thereof; if the owner, lessee or agent cannot be found in The City of New York or do not reside therein, or evades or resists service, then said order may be served by depositing a copy thereof in the post-office in The City of New York, properly enclosed and addressed to such owner, lessee or Condemnation of Tenement Houses. 143. agent at his last known place of business and residence, and prepay- ing the postage thereon ; such building or part thereof shall, within ten days after said order shall have been posted and mailed as afore- said, or within such shorter time, not less than twenty-four hours, as in said order may be specified, be vacated, but said board of health whenever it shall become satisfied that the danger from said building or part thereof has ceased to exist, or that said building has been repaired so as to be habitable, may revoke said order. L. 1882, ch. 410, § 659, as amd. by L. 1887, ch. 84. (o) Injunction will not lie of this section which empowers the aganst the enforcement of an or- board of health to revoke an order der of the board of health that a vacating- a building when it shall tenement-house be vacated as con- have become satisfied that the ap- stituting a public nuisance because prehended danger has ceased, does of its unhealthy condition, but the not vest the board with an arbl- owner's remedy, if the board has trary discretion; the section im- acted without justification, is to ' poses a duty upon the board to re- sue for damages under § 1196, ante- voke such an order when the Egau V. Health Dept. of N. Y., 9 justice of the case demr.nds it. App. Div. 431; s. c, 41 N. Y. Supp. Egan v. The Board of Health, Sup. 352. Ct., S. T.; N. Y. Law Journal, Mch. (i) It seems that the provision 19, 1897. Proceedings for condemnatioiL prescribed. § 13 16. Whenever, in the opinion of the board of health of The City of New York, any building or part thereof in The City of New York, an order to vacate which has been made by said department, is, by reason of age, defects in drainage, plumbing, infection with contagious disease, or ventilation, or because of the existence of a nuisance on the premises, which is likely to cause sickness among its occupants, or among the occupants of other property in The City of New York, or because it stops ventilation in other buildings, or otherwise makes or conduces to make other buildings adjacent to the same unfit for human habitation, or dangerous or injurious to health, or because it prevents proper measures from being carried into effect for remedying any nuisance injurious to health, or because of other sanitary evils in respect of such other buildings, so unfit for human habitation that the evils in, or caused by said building, cannot be remedied by repairs, or in any other way except by the destruc- tion of said building, or a portion of the same, said board of health may, if it deem such course just and proper, condemn the same and order it removed: provided, however, that the owner or owners of said building may demand a survey of said building in the manner provided for in case of unsafe buildings, and may institute proceed- ings in the supreme court in The City of New York for the condemnation of said building. Said proceeding shall be instituted through a petition addressed to said court containing a brief state- 144 Proceedings for Condemnation. ment of the reasons therefor, and shall not be required to contain further allegations of facts, than those which have actuated the board of health in this proceeding, which shall then be carried on in the manner prescribed by chapter twenty-one of this act. The owner of said building, or any person interested therein may in his answer dispute the necessity of the destruction of said building, or part thereof, as the case may be. In such case, the court shall not appoint commissioners unless proof is made of the necessity of such destruction. In such proceeding evidence shall be receivable by the commissioners to prove: 1. That the rental of the building was enhanced by reason of the same being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates; or 2. That the building is in a state of defective sanitation, or is not in reasonably good repair; or 3. That the building is unfit, and not reasonably capable of being made fit, for human habitation ; and, if the commissioners are satis- fied by such evidence, then the compensation — (a). Shall in the first case, so far as it is based on rental, be on the rental of the building, as distinct from the ground rent, which would have been obtainable if the building was occupied for legal pi-irposes, and only by the number of persons whom the building was under all the circumstances of the case, fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates; and (b). Shall in the second case be the amount estimated as the value of the building if it had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated expense of putting it into such condition or repair; and (c). Shall in the third case be the value of the materials of the building. For the payment of all awards and the expenses of all such pro- ceedings, the comptroller shall issue and sell from time to time as may be necessary and in the manner hereinbefore provided, corpo- rate stock of The City of New York. L. 1882, ch. 410, § 659, as amcl. by L. 1895, ch. 567. (a) The fact that this section step in the scheme provided by- does not provide for a hearing be- this section and section 1315, ante, fore the board of health before which must be followed by the pro- issuing- the order prescribed therein ceedings for the condemnation of does not make the issuance of such property as provided herein in an order a taking of property with- order to become etfective. Egan v. out due process of law within the Poard of Health, Sup. Ct., S. T.; meaning of the constitutional pro- N. Y, Law Jniirnal. Mch. 19. 1897. hibition, since the order is not (J) The fact that the institvition final, but is merely an initiatory of proceedings to condemn prop- Construction of Tenement Houses. 145 •€rty under this section are couched this section. Health Dept. v. Bas- in permissive terms does not make sori, N. Y. Law Journal, Jan. 30, their institution discretionary with 1897. the board of health. The property (d) In reviewing the determina- owner has pecuniary rights which tion of the board of health, that a must be protected, and the board building should be removed by of health are bound to institute the reason of its unsanitary condition, proceedings in a proper case. Egan the courts will not reverse the de- V. The Board of Health, supra- cision of the board unless it ap- (c) What evidence held sufficient . pears that their action has been to make out a prima facie case for arbitrary, oppressive or repugnant the board of health in a proceed- to justice. Egan v. The Board cf ing to condemn property under Health, supra. Houses hereafter erected to comply with additional requirements. § 1317. No house hereafter erected shall be used as a tenement- house or lodging-house, and no house heretofore erected and not now used for such purpose, shall be converted into, used, or leased for a tenement or lodging-house, unless, in addition to the require- ments hereinbefore contained, it conforms to requirements con- tained in the following sections of this title. L. 1882, ch. 410, § 660. Constructioix of tenement-houses and spaces prescribed for building the same. § 1 3 18. It shall not be lawful, without a permit from the depart- ment of buildings, to alter, erect or convert to the purposes of a tenement or lodging-house, a building on any lot where there is another building on the same lot; nor shall it be lawful to build or to erect any building on any lot whereon there is already a tene- ment or lodging-house, unless there is a clear open space exclu- sively belonging thereto, and extending upward from the ground of at least ten feet between said buildings if they are one story high above the level of the ground; if they are two stories high, the dis- tance between them shall not be less than fifteen feet; if they are three stories high, the distance shall not be less than twenty feet; if thev are more than three stories high, the distance between them shall not be less than twenty-five feet, but when thorough ventilation of such open spaces can be otherwise secured, such distances may be lessened or modified in special cases by a permit from the depart- ment of buildings. At the rear of every building hereafter erected for or converted to the purposes of a tenement or lodging-house on any lot, there shall be and remain a clear open space of not less than ten feet between it and the rear end of the lot. No one con- tinuous building hereafter constructed, shall be built or converted to the purposes of a tenement or lodging-house in The City of New York, upon an ordinary city lot, and no existing tenement or lodg- 146 Construction of Tenement Houses. ing-house shall be enlarged or altered, or its lot be diminished, so- that it shall occupy more than sixty-five per centum of the area of said lot, but where the light and ventilation of such tenement or lodging-house, are, in the opinion of the superintendent of build- ings, materially improved, he may permit such tenement or lodging- house to occupy an area not exceeding seventy-five per centum of the said lot, and in the same proportion if the lot be greater or less in size than twenty-five by one hundred feet; but this provision shall not apply to corner lots, in which, however, no such building here- after constructed, above the first story, shall occupy more than ninety-two per centum of the area of a lot, and no such building shall come within five feet of the rear of said lot, provided, further, that in all cases, both for corner and interior lots, the interior courts or shafts shall not be less than two feet four inches wide at their narrowest parts. In computing the amount of the lot covered by a building, any shaft or court of less than twenty-five square feet irL area shall be considered as part of the building and not as part of the free air space. No shaft or court, over ten square feet in area, hereafter constructed in a tenement-house or lodging-house, except elevator shafts or staircase wells, shall be covered with a roof, sky- light or otherwise. In all tenement-houses hereafter constructed or buildings hereafter converted to the purposes of a tenement- house, the stairway communicating between said cellar or base- ment and the floor next above, when placed within any such build- ing, shall be enclosed with brick walls, and such stairway shall be provided with fire-proof doors at the top and bottom of said flight of stairs. An open area, shall be constructed from the level of the cellar to the sidewalk in front and extending the full width of suck houses, with a staircase to give access to the cellar from the street. Where stores are located on the first floor the area may be covered with suitable vault lights or gratings. In all tenement-houses here- after constructed, or building hereafter converted to the purposes of a tenement-house, the openings to the elevators or lifts in- the cellar, and at every opening, on every story, shall be provided witk self-closing fire-proof doors. This provision, however, shall not apply to such elevators in tenement-houses as are operated by a conductor stationed within the car; but if such elevators run ta the cellar, they must be inclosed in the cellar with fire-proof walls,, and the door to the cellar, if any, must be fire-proof and self-closing. In all tenement-houses hereafter constructed, or buildings hereafter converted to the purposes of a tenement-house, all staircases shall be fire-proof; but this provision as to staircases shall not apply ta buildings which are not over five stories high above the cellar, and Construction of Tenement Houses. 147 which contain not more than three suites of rooms on a floor. Every tenement-house hereafter constructed, or buildings hereafter converted to the purpose of a tenement-house, exceeding three stories in height, or having a basement with three stories above the cellar, shall have the entrance hall and entire stairwell and stairs, built of slow-burning construction or fire-proof material; no wain- scoting shall be allowed in the main halls except of cement, or other fire-proof material; at least one flight of such stairs shall extend to the roof, and be inclosed in a bulkhead building of fire-proof mate- rial. In all tenement-houses hereafter constructed, and buildings hereafter converted to the purposes of a tenement-house, each room must have a separate window opening into the outer air; each water- closet must have a window opening into the outer air, and such water-closet inclosure if provided with a ventilating ffue or duct, may have the window opening on any court or shaft containing at least twenty-five square feet in area; the floor of each water-closet must be made water-proof with asphalt, cement, tile, metal or some other water-proof material; and such water-proofing must extend at least sixteen inches above the floor except at the door opening so that said floor can be washed or flushed out without leaking. The light and ventilation, of all buildings hereafter erected for, or con- verted to the purpose of tenement or lodging-houses, must be pro- vided in accordance with the requirements of this title, and the conditions of a plan and permit previously approved in writing by the department of buildings, and no existing tenement or lodging- house shall be enlarged or altered or its lot diminished without a similar permit. The department of buildings is hereby empow- ered, and directed to make rules and regulations not inconsistent with the requirements of this title, and which in addition to the requirements of this title, shall be the conditions of approval of the plans and permits; the rules and regulations shall govern the arrangement and distribution of the uncovered area, size, lighting, location and arrangement of shafts, rooms, cellars' and halls. No building or premises occupied for a tenement-house shall be used for a lodging-house, private school, stable or for the storage and handling of rags, but the department of health may, by special per- mit, fixing the conditions thereof in writing, and providing there be the necessary cubic air space and ventilation, allow the maintenance of a private school in such a house. In case of any violation of the provisions of this section, or of any failure to comply with, or of any violation of the terms and, conditions of the plan for such tenement or lodging-house approved by the department of buildings, or of the conditions of the permits granted as hereinbefore provided, or 148 Ventilation of Tenement Houses. for the air, light and ventilation of the said house, or premises, any court of record, or any judge or justice thereof shall have power, at any time after service of notice of violation, or of non-compliance, upon the owner, builder or other person superintending the building or converting any such house, upon proof by affidavit of any viola- tion or non-compliance as aforesaid, or that a plan for light and ventilation of such house has not been approved by the department of buildings, to restrain by injunction order, in any action by the department of buildings, or by the board of health, the further progress of any violation as aforesaid. No undertaking shall be required as a condition of granting an injunction, or by reason thereof. L. 1883, ch. 410, § 661; L. 1891, ch. 204; L. 1895, ch. 567. Dimensions and ventilation of rooms. § 1 319. In every such house hereafter erected or converted every habitable room, except rooms in the attic, shall be in every part not less than eight feet in height from the floor to the ceiling; and every habitable room in the attic of any such building shall be at least eight feet in height from the floor to the ceiling, through- out not less than one-half the area of such room. Every such room shall have at least one window connecting with the external air, or over the door a ventilator of perfect construction, connecting it with a room or hall which has a connection with the external air, and so arranged as to produce a cross-current of air. The total area of window or windows in every room communicating with the external air shall be at least one-tenth of the superficial area of every such room; and the top of one, at least, of such windows shall not be less than seven feet six inches above the floor, and the upper half, at least, shall be made so as to open the full width. Every habit- able room of a less area than one hundred superficial feet, if it does not communicate directly with the external air, and is without an open fireplace shall be provided with special means of ventilation, h\ a separate air shaft extending to the roof, or otherwise, as the board of health may prescribe. L. 1882, ch. 410, § 662. Chimneys, ash receptacles, water, cellar floor, ceilings and ga.s in tene- ment-houses. § 1320. Every such house erected after May fourteenth, eighteen hundred and sixty-seven, or converted, shall have an adequate chimney for a stove, properly connected with one of said chimneys, for every family set of apartments. It shall have proper conven- Water and Gas in Tenement Houses. 149 iences and receptacles for ashes and rubbish. It shall have water furnished in sufficient quantity at one or more places on each floor, occupied or intended to be occupied by one or more families; and all tenement-houses shall be provided with a like supply of water by the owners thereof, whenever they shall be directed so to do by the board of health. But a failure in the general supply of water by the city authorities, shall not be construed to be a failure on the part of such owner, provided that proper and suitable appliances to receive and distribute such water are placed in said house. The board of health shall require all tenement-houses to be so supplied. PZvery tenement-house shall have the floor of the cellar made water- tight; and the ceiling plastered, and when the house is located over filled-in ground, or over marshy ground, or ground on which water lies, the cellar floor shall be covered so as to effectually prevent evaporation or dampness. It shall be the duty of the department of health to see that the cellars of all tenement-houses are so made or altered as to comply with this section. Every such house erected after May seventh, eighteen hundred and eighty-seven, or con- verted, shall have the halls on each floor open directly to the exter- nal air, with suitable windows, and shall have no room or other obstruction at the end, unless sufficient light or ventilation is other- wise provided for in said halls, in a manner approved by the depart- ment of buildings. The owner or lessee of every tenement or lodg- ing house in The City of New York shall keep a light burning in the hallway upon each floor of said house from sunset until ten p. m. throughout the year. In every tenement-house in the said city in which there is a hallway or hallways with no windows opening from such hallway outside of said house, a light shall be maintained by said owner or lessee in each such hallway, between the hours of eight A. M. and ten p. m. of each day unless said hallway shall be otherwise sufficiently lighted. The fire department of The City of New York is hereby vested with authority to prescribe reasonable regulations concerning such precautions as may be necessary to prevent danger from fire arising from such lights. L. 1882, ch. 410, § 663; L. 1891. ch. 39; L. 1895, ch. 567. (a) The provision of this section be directed so to do by the board which provides that tenement- of health," is constitutional and honses in the city of New York valid as an exercise of the police "shall have vs^ater furnished in suf- power of the State. Health Dept. ficient quantity at one or more v. Rector, etc. of Trinity Church, places on each floor, occupied or 145 N. Y. 32; s. c, 1 N. Y. Ann. intended to be occupied by one or Cases, 241; rev'g- 43 N. Y. St. Eep. more families." and that "all tene- 142; s. c, 17 N. Y. Supp. 510. ment-houses shall be provided with (b) The provision of the section a like supply of water by the is not invalid because of the fact owner thereof whenever they shall that it will cost money to comply I50 Overcrowding of Tenement Houses. with the order of the board of (d) The provision of this section health, for which the owner is to requiring a supply of water "at receive no compensation, or be- one or more places" on each floor cause the board is entitled to make is not to be so construed as to the order under the provisions of leave the number of places of sup- the act without notice to, and a ply entirely to the discretion of the hearing of the owner. Id. board of health, but in view of the (c) This section is intended to purpose of the supply, one such promote the prompt extinguish- place on each floor, fairlj' accessi- ment of fires and their pre- ble to all the occupants of the vention, as well as the pro- floor, would be all that could tection and promotion of the usually and reasonably be required, health of the occupants of such and anything further would be un- houses, and accordingly is further reasonable, and, therefore, beyond to be sustained as an exercise of the power of the board to or- the police power of the State in re- der. Id. spect to the prevention of fires. Id. Overcrowding of tenement-houses prohibited; housekeeper in same re- quired. § 1 32 1. Whenever it shall be certified to the department of health by the sanitary superintendent, or an assistant sanitary superin- tendent, that any tenement-house or room therein, being without sufficient ventilation, is so overcrowded that there shall be afforded less than four hundred cubic feet of air to each adult, and two hun- dred cubic feet of air to each child under twelve years of age, occupying such building or room, the said department shall issue an order requiring the number of occupants of such building, or room, to be reduced in accordance with this provision. Whenever there shall be more than eight families living in any tenement-house, in which the owner thereof does not reside, there shall be a janitor, housekeeper or some other responsible person, who shall reside in the said house, and have charge of the same, if the department of health shall so require. Permits may be granted by the board of health to the owners of lodging-houses on compliance with the rules and regulations of the sanitary code in The City of New York, and the conditions of each permit, which shall be in writing. L. 1883, ch. 410, § 664, as amd. by L. 1895, ch. 567. Penalties for violations of provisions concerning tenement-houses. § 1322. Every owner or other person violating any provision of this title shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars or more than one hundred dollars, or by imprisonment for not more than ten days for each and every day that such violation shall continue, or by both such fine and impris- onment, in the discretion of the court. He shall also be liable to pay a penalty of ten dollars for each day that such offense shall continue. Such penalty may be sued for and recovered by the department of health in any civil tribunal of said city, and when Penalties for Violations. iSi Tecovered shall be paid over to the chamberlain. In every pro- ceeding for a violation of this title, and in every such action for a penalty, it shall be the duty of the owner of the house to prove the date of its erection, or conversion to its existing use, if that fact shall become material, and the owner shall be, prima facie the person liable to pay such penalty, and after him the person who is the lessee of the whole house, in preference to the tenant or lessee of a part thereof. In any such action the owner, lessee, and occupant, or any two of them, may be made defendants, and judgment may be „given against the one or more shown to be liable, as if he or they Avere sole defendant or defendants. No part of chapter two hun- dred and seventy-five of the laws of eighteen hundred and ninety- two, or of any other act shall be so construed as to abrogate or impair the power of the department of health to sue for and recover such a penalty whether the liability to pay said penalty shall arise from a violation of the laws, or ordinances or sections of the sani- tary code, in regard to light, ventilation, plumbing and drainage, so far as the same afifects the sanitary condition of the premises; and except that the department of buildings of The City of New York shall have jurisdiction and cognizance over all matters and things in this title contained which relate to the construction or alteration of buildings or structures, or any part thereof, and as to the light, ventilation, drainage and plumbing of such buildings when in process of construction or alteration. Any penalty herein above mentioned for a violation of the provisions ,of this title, in respect to the matter aforesaid, within the jurisdiction and cogni- zance of the department of buildings, shall be sued for and recov- ered in the same manner as the violations of the building laws of The City of New York are now sued for and recovered by the department of buildings in The City of New York, and said penalty so collected shall be paid to the chamberlain of The City of New York to be applied as other penalties collected by said departments are applied. L. 1882, eh. 410, § 665, as amd. by L. 1895, ch. 567. Power of department of buildings and of board of health to make other regulations relative to tenement or lodging-houses. § 1323. The department of buildings shall have authority to make other regulations as to light and ventilation of all new tene- ment or lodging-houses consistent with the foregoing, when it shall be satisfied that such regulations will secure equally well the health and safety of the occupants; likewise the board of health shall :have authority to make other regulations as to cellars and as to 152 Sanitary Police. ventilation in completed buildings, consistent with the foregoing,, where it shall be satisfied that such regulations will secure equally well the health of the occupants. The board of health shall have power to appoint all the officers and agents of the department of health, of whatever name or character soever, and shall have exclu- sive charge and control of, and the exercise of, all the rights, powers, duties and privileges of said department, and for this pur- pose the terms "Board of Health" and "Department of Health," as used in this chapter, shall be deemed synonymous. L. 1882, ch. 410, § 667, as amd. by L. 1895, ch. 567. Sanitary company of police. § 1324. The board of health shall make requisitions upon the police board for the detail of at least fifty and not more than one hundred suitable officers and men of at least five years' service in the police force, who shall be selected for their peculiar fitness, for the enforcement of the provisions of the sanitary code and the acts relating to tenement and lodging-houses. These officers and men shall be detailed to such service by the police board, and the depart- ment of health shall pay to the police department monthly, the amount of the pay of the officers and men so detailed, who shall belong to the sanitary company of the police and shall report to the board of health. At least thirty of the officers and men so detailed shall be employed exclusively in the enforcement of the laws relat- ing to tenement and lodging-houses. The board of health may report back to the police board for punishment, any member of said company guilty of any breach of orders or discipline, or of neglect- ing his duty, and thereupon the police board shall detail another officer or man in his place, and the discipline of the said members of the sanitary company shall be in the jurisdiction of the police department; but at any time the board of health may object to the efficiency of any member of said sanitary company and thereupon another officer or man shall be detailed in his place. L. 1882, ch. 410, § 296, as amd. by L. 1895, ch. 567. This chapter a remedial statute. § 1325. This chapter is hereby declared to be a remedial statute and is to be construed liberally to secure the beneficial interests and purposes thereof. Nothing herein contained shall be con- strued to aft'ect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, or any cause or causes of action accrued or existing, whether for a penalty or otherwise,, under any act repealed or amended by this act. All acts and parts of acts in conflict with this chapter or any part thereof are hereby repealed. Board of Examiners. 153 PROVISIONS OF NEW YORK CITY CONSOLIDATION ACT RELATING TO DEPARTMENT OF BUILDINGS. The following provisions of L. 1882, ch. 410, § 504, as amended by L. 1885, ch. 456, § 31, and L. 1892, ch. 275, § 40, are stiU in force by Greater New York Charter, § 649, ante, p. 116. Board of examiners: powers and duties, members of. § 504. The superintendent of buildings shall have power (except as herein otherwise provided) to pass upon any question relative to the mode, manner of construction, or materials to be used, in the erection, or alteration of any building, or other structure, provided for in this title, in any part of The City of New York, to make the same conform to the true intent and meaning of the several provi- sions of this title. He shall also have power to vary, or modify, the provisions of this title upon application to him therefor, in writing, by an owner of such building or structure, or his representative, where there are practical difficulties in the way of carrying out the strict letter of this law, so that the spirit of the law sihall be observed, the public safety secured, and substantial justice done; but no such deviation shall be permitted, unless a record of the same shall be kept by the said superintendent of buildings, and a certificate be first issued to the party applying for the same. Such certificate shall not be issued until a board of examiners, consisting of a member of the New York Chapter of the American Institute of Architects, one member of the New York Board of Fire Underwriters, two members of the Mechanics and Traders' Exchange of said city, one of whom shall be a ma&ter mason and one a master carpenter, one member of the Society of Architectural Iron Manufacturers of said city, one member of the Real Estate Owners and Builders' Association of said city, who shall be an architect or builder, and one member of the New York Real Estate Exchange, Limited, who shall be an archi- tect or builder, and the chief of said fire department, all of whom shall be appointed by their respective organizations (and so certified to annually to said superintendent of buildings), shall also approve the proposed modifications of the law. The said examiners shall each take the usual oath of office before entering upon the perform- ance of their duties. The superintendent of buildings shall be, ex- officio a member of said board of examiners and be chairman thereof. In cases in which it is claimed by an owner, in person, or by his representative, that the provisions of this title do not directly apply, or that an equally good and more desirable form of construe- 154 Board of Examiners. tion can be employed in any specific case than that required by this title, then such person shall have the right to present a petition to the board of examiners, through the superintendent of buildings, and may appear before said board and be heard; and said board shall consider suoh petition in its regular order of business, and, .as soon as practicable, render a decision thereon. The said board of exam- iners are 'hereby authorized and empowered, to grant or reject such petition; and their decision shall be final. If such decision is favor- able to said petitioner, a certificate shall be issued by the superin- tendent of buildings in accordance therevirith. At least five affirma- tive votes shall be necessary to the granting of any application or petition by said board. No member of said board shall pass upon any question in which he is pecuniarily interested. The said board shall meet once in each week upon notice from the superintendent of buildings. The chief clerk in the office of the superintendent of buildings shall be the clerk of said board, and shall keep a record of its proceedings, which shall be kept in the office of the superintend- ent of buildings. All the members of said board of examiners, and the clerk of said board, shall be entitled to and shall receive ten dol- lars for each attendance at a meeting of said board, to be paid by the comptroller from the contingent fund upon the voucher of the superintendent of buildings, [*] for the erection of any building on a wharf, pier or bulkhead shall be granted unless the same be also approved by the said board of examiners. (As amended by L. 1885, ch. 456, § 31, and 1392, ch. 275, § 40.) Compare charter §§ 649, 650, ante. (n) The provisions of this section authorize the board to allow wood to ronstituting the board of examiners be used in place of the incombustible are not violative of the state constitu- substances mentioned in tlie statute (>5 tion, § 2. art. 10, requiring all city 492). l]nt only to permit some other officers, whose election or appointment svibstance to be used, if any could be is not provided for by the constitution, found, which should appear to be to be elected by the electors of the city equally as good and more desirable Or appointed by the authorities thereof than the iron and brick mentioned (in designated by the legislature for that {5 492); there being no evidence before purpose, because, first, the members the board of examiners which tended of the board are not city officers; and to show thai the proposed form of second, even if they are to be con construction was equally as good and sidered city officers, as their offices more desirable than that mentioned were created subsequent to the adop- in the statute, the decision made by tion of the constitution, they do not the board was without jurisdiction and come within its purview. Fire Dept. deprived the decision of all authority, V. Atlas Steamship Co., 106 N. Y. 566; even when brought in question in a s. C. 11 N. Y. State Rep. 113. collateral proceeding, and hence an ap- (h) Under the provision in this sec- plication for a mandamus to compel tion giving the board of examiners the superintendent of buildings to power to permit " an equally good or issue the certificate in accordance more desirable form of construction" with the decision would be refused, to be employed, it was not intended to People ex rel. Tucker v. D'Oench, 44 Board of Examiners. 155 Hun, 33. Case cannot be reversed by the board of examiners. People ex rel. Purdy V. Esterbrook, a6 Hun, 401. (c) The refusal of the department of buildings to exercise the power to modify or vary the provisions of the statute to meet the requirements of a particular ease cannot be reversed by the board of examiners. People ex rel. Purdy v. Esterbrook, 26 Hun, 401. (d) The municipal authorities are not estopped from claiming against a lessee of one of the city v^harves obedience to the building laws by the fact that the lease contains provisions in contravention of those laws. Fire Dept. V. Atlas Steamship Co., Ibid. (e) The determination of the board of examiners as to the mode of con- struction of a building, if their re- q^uirements are not wholly imprac- ticable, even if they are unreasonable, may not be reviewed by the courts. Fire Dept. v. Atlas Steamship Co., Ibid. INDEX. A -^^» PAGE Action: against adjoining owner for work done under direction of commissioner in protecting adjoining structure from exca- vation 10 for expenses in estimating floor strengtli 77 for violation of building code 96, 97 Aisles and passageways: in public buildings, hotels, theatres, etc., to be arranged to facilitate egress 57 to be kept free from obstruction .■ 57 in theatres, opera houses, etc 57, 58 Alcoves: dimensions permitted 25 how constructed 25 Anchors: (See Walls, Beams, Columns, Piers.) Apartment house: definition of 5 not to cover greater percentage of lot than permitted to tene- ment houses 5 requirements for light and ventilation of tenements, applica- ble to 5 thickness of walls of 17 of non-bearing walls 18 supports of walls and ceilings in non-flreproof 13 when girders may be used in lieu of brick walls 18 when eighl-inch brink partitions may be used 18 when twelve-inch bride partitions required 18 non-fireproof of five stories, construction regulated 27, 38 non-fireproof exceeding five stories, requirements 37, 28 fireproof, height of 37, 28 construction of floors, halls; cellars and ceilings in 37, 38 cellar floors in, requirements 39 wood floors in cellar, how laid 39 bearing strength of floor of 75, 76 Arches: inverted, to be used when required by commissioner 14 for door and window openings 23 of masonry, stability of 23 when required to sustain roadway of street 39 trimmer, for supporting hearths 33 for floor supports in fireproof buildings, how constructed.... 56 when double columns required to support 69 IS8 INDEX. Architect: employed, may submit plans and specifications of proposed work S employment of, for examination of unsafe buildings 101 fee 102 Areas : to be protected, how 21). when covered with iron or glass 29 Armories: thickness of walls of 19 Art galleries: constructed over roofs of theatres, reijuirements (iO Ashlar : stone, thickness of, regulated 16 to be anchored to backing 16 anchorage of IG when not required to be anchored 16 iron plates in imitation of, how backed up lt> stone, mortar used for backing up 17 Asylums: thickness of walls of IT of non-bearing walls IS supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 1& when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 cellar floors in, requirements 29 wood floors in cellar, how laid 29 to be supplied with fire escapes, when 51 required to be built fireproof 55 B. Base coiirses: materials which may be used in constructing 13 dimensions 15 how laid 14 Balconies: (•S'e'3 Piazzas and Balconies.) Bay window: projection of ?,7 how constructed ' 37 Bakery in tenement houses, restrictions of 140 Beams : not to be removed or cut away except in conformity with plans filed , 4 quality of wood beams required 8 grillage beams of iron or steel may be used for foundations . . 14 anchorage of roof 23 wood, in party wall separated with masonry from other entry opposite wall 30 fioor and roof, thickness 30 INDEX. 159 I'AGE Beams — Continued. wood — Continued. trimmer and header, proportion to load 30 more than four feet long 30 how secured 30 how supported 30 not to be supported on stud partitions 30 floor and roof, how secured 30 to be trimmed away from flues and chimneys 30 header, distance from chimney breast 30 formula for determining carrying capacity 30 anchorage of 30 bolts used in connection with, provided with washers. ... 31 stirrups and anchors for 31 to be deafened underneath with fireproof material 36 protection of from boilers 41 not to be placed in fireproof buildings 53 steel and wrought iron used in fireproof buildings, how laid and protected 54, 55 spaces between, in fireproof buildings 54, 55 floor, in fireproof buildings 54, 55 roof, in fireproof buildings 54, 55 rolled steel and wrought iron, used as girders 70 cast iron, minimum thickness of 70 rolled steel and wrought iron, floor and roof 71 resting on girders 71 iron or steel, resting on walls, templates required 73 trimmer, headei? or tail, framing of 72 resting on girders to be securely riveted 71 when to be anchored to wall 71 strength of temporary support of 77 strength and carrying capacity of various materials used for. . 80 in frame buildings 92 Bearing capacity of soil, how determined 11 Bearing walls: defined 15 when to be increased in thickness 15 faced with brick laid in running bond, thickness of 16 Blanks for plans and specifications to be furnished by building department 3 Blinds: (See Shutters.) Bluestone, carrying capacity and strength of 80 Board of Health: (See Tenement houses.) powers in regard to dangerous buildings, plumbing, drainage, etc 132, 133, 134 condemnation of infected or uninhabitable houses by 142 Board of Examiners: members of, powers and duties 116, 153 commissioner of Manhattan and Bronx ex-officio, a member of 116 appenl to. 116 decision of, final 116 l6o INDEX. PAGE Board of Buildmg-s: how constituted Ill, 113 power to vary provisions of building law 117 appeal from commissioner regarding- construction of build- ings to 117 except in Manhattan and Bronx 116 appeal, when to be taken 116 president to be designated by mayor 112 to make rules and regulations 113 Boarding houses: (See Tenement houses and Lodging houses.) Boilers: protection of wood floors, beam, ceilings, lath partitions, etc., from 41 construction and protection of 41 brick set 41 portable 41 supplying power to passenger elevators and pumps, how protected 50 in theatres, opera houses, etc., protection of 58 Bolts and bolting for structural steel and wrought iron work, when required 73 Bond stone: to be employed in strengthening brick piers of certain dimen- sions 15 reduction of cap stone when columns or girders are sup- ported by 16 Brackets: (See Gas brackets.) Breweries, thickness of walls of 19 Brick: quality required in constructing buildings 6 old, to be cleaned before using 6 quality of, regulated 6 not to be laid in freezing weather 15 to be well wet when laid in non-freezing weather 15 when hollow may be used in walls 24 working strength of 80 Brickwork, carrying capacity and strength of 80 Builder may submit plans and specifications of proposed work.. 3 Building code: title of ordinance 1 presumptively contains all building laws affecting city 1 to be liberally construed 1 enforcement of 95 invalidity of one section not to invalidate other 108 when to take effect 108 Buildings: (Sec Private dwellings, Apartment house, Hotels, Frame buildings. Public buildings. Fireproof buildings. Unsafe buildings, Fire escapes, etc.) to be constructed in conformity with building code 2 plans and specifications for (see Plans and Specifications) .... 3 for erection of buildings on existing premises 5 INDEX. l6l PAGE Buildings — Continued. demolition of, how proceeded with 5 notice of intended demolition to be given building depart- ment 5 height of, how measured 5 length and width of, how determined 5 to be inclosed on all sides with walls 15 unfinished, built in accordance with prior law 23 . for exhibition and fair purposes 40 fire apparatus to be supplied in certain 49 requiring fire escapes to have stationary ladders leading to roof 51 certain, required to be built fireproof (see Fireproof Build- ings) 51! Buildings, raising, lowering or altering of 85 Building Department: (See Department of Buildings.) Bulkheads: how to be constructed 45 to be covered with fireproof material 45 in buildings requiring fire escapes 51 Buttresses: {See Piers.) materials to be used in constructing 15 in public buildings 19 in theatres, opera houses, etc 58 c. Cap stone: dimensions regulated 16 to be set under columns or girders 16 where bond stone is placed under dimensions may be 16 reduced '. 16 Cast iron: (See Iron.) Cast steel: (See Steel.) Ceilings: construction of, in apartment and tenement houses 2T over cellars in residence buildings over four stories 39 wood, plaster, lath, etc., protection of from boilers or fur- naces 41 walls and partitions in drying room 42 protection of from kitchen stoves, etc 43 in fireproof buildings 53 in theatres, opera houses, etc 58 in tenements and lodging houses to be whitewashed yearly. . . 139 in frame buildings 92 •Cellars: to be connected with street sewer, when 28 floors in certain buildings, how to be constructed 29 ceilings in residence buildings over four stories 29 in tenements, dwelling rooms in, regulated 138 permit from board of health necessary 139 l63 INDEX. PAGE Cellars — Continued. in tenements, dwelling rooms in, regulated — Continued. prevention of dampness in 14S board of health may make further regulations 151 to be closed with same material as walls 140 ' Cement : used for mortar, quality regulated 7 Portland cement, defined 7 test of '7 cement other than Portland, defined 7 test of 7 test of, to be made under supervision of commissioner 7 proportion of, to be used in mixing cement mortar 7 cement and lime mortar 7 concrete 7 Cement mortar: proportion of cement and sand to be used in making 7 how prepared 7 Chemicals, storage of certain, regulated 128 Chestnut, carrying capacity and strength of 80 ■ Chimneys: above roofs to be laid in cement mortar 17 lime may be used in freezing weather 17 to be separated from wood beams 29 ■ how constructed 32 in stables and dwelling houses 32 not to be built upon wood floors or beams 33 how to be corbeled 33 when cut off below 33 dangerous, to be made safe 33 cupola of foundries, height 34 woodwork not to be placed within two feet of 34 Churches: thickness of walls of 19 cellar floors in, requirements 29 wood floors in cellar, how laid 29 gas or steam pipes for lighting or heating in, provided with stop-cock 44 exempted from provision requiring flreproof shutters and doors 52 to be arranged to facilitate egress 57 Club-house : thickness of walls of 17 of non-bearing walls IS supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18- when twelve-inch brick partitions required 18 Columns: stone posts for support of, forbidden 16 when use of, authorized in lieu of brick walls 18 INDEX. 163 PAGE Columns — Continued. in public buildings 19 for supporting cellars partitions in residence buildings 26 timber to be squared at ends 31 to be provided with iron cap, check plates, etc., when 31 interior in fireproof buildings, to be incased in fireproof materials 57 in theatres, opera houses, etc 58 supporting iron or steel girders carrying inclosure walls 07 wrought iron or rolled steel girders carrying inclosure walls. . 68 facing of ends of 68 splicing of sections of 68 thickness of material to be used in constructing 68 to be made in one, two or three-story lengths 68 rivets and stay plates in 68 where section of extends beyond 68 iron or steel, minimum thickness of 68 cast iron, minimum thickness of 68 unsupported length of 68 top and bottom flanges, seats and legs of 69 facing of ends of 69 joints to be secured by bolts 69 thickness of metaJ of 69 shifting of core 69 blow holes or imperfections in 69 not cast with open side or back to exhibit thickness 69 shoes or plates under bottom ties of 69 used to support exterior or interior walls, when to be con- structed double ■ 1 69 with open sides or back 75 for floor supports, bearing strength of 75 determination of carrying capacity of, in buildings over flve stories 76 formula for computing bearing strength of 79 Commissioner of Buildings: number and term of office lit, 112 appointed by mayor Ill, 113 qualifications of Ill, 113 boroughs to be specified in appointment Ill, 113 salaries Ill appointment and removal of subordinates 115 to pass upon questions relative to construction of buildings.. 116 power to vary provisions of building law 117 powers of, in relation to unsafe buildings 104 may require detailed drawings of proposed work in plans, etc. , 3 plans and specifications to be kept on file, in ofiice of 4 may permit part of work to be proceeded with upon filing of plans, etc., therefor 4 authorized to permit distribution of air space in hotels occu- pying several lots 5 164 INDEX. PAGE Commissioner of Buildings — Continued. to protect structure from excavation on neglect of adjoining owner 10 to be notified of time and place of test of bearing capacity of piles . . ^ 12 authorized to allow reduction in thickness and projection for footings for small structures 13 inspection of elevators by 49 powers relative to fire escapes 51 of, relative to enforcement of code 96 corporation counsel to institute action for violation of build- ing code, at request of commissioner 98 Concrete: (See Piles.) for foundations, preparation of 7 when in place to be rammed and allowed to set without dis- turbance 8 working strength of 80 Construction of building code to be liberal 1 Convents : thickness of walls of IT of non-bearing walls IS supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 Cooperage shops, thickness of walls of 19 Cornices: to be built of fireproof material 44 fireproof to be anchored to wall, how 45 walls to be carried up to 45 wooden, when destroyed to be replaced by fireproof 45 projecting above roof 44 Corridors: {See Theatres, Opera Houses, etc.) Corporation Counsel, powers of in regard to the enforcement of building code 97 Court-houses, thickness of walls of 19 Courts having jurisdiction of actions to enforce building code or recover penalties, etc 97 Courts in treatres: (See Theatres, Opera Houses, etc.) Curtain walls, thickness of 22 D. Debris, removal of, under fallen buildings 105 Department of Buildings: to furnish blanks for plans and specifications 3 board of buildings, the head 111. 112 power to vary provisions of law 114 INDEX. 165 PAGE Department of Buildings — Continued. commissioners, number and term of ofBce Ill, 113 appointed by mayor Ill, 112 qualifications of 113 boroug-lis to be specified in appointment 113 salaries 113 administrative powers 114 general powers under existing laws 113 decision on mode of construction, etc 115 appeal from, to board 116 except in Manhattan and Bronx 116 amount involved to exceed one thousand dollars 116 appeal to be taken withing ten days 116 procedure on appeal 116 decision to be final 117 president of board, designated by mayor 112 secretary, board appoints 113 accounts to be kept 117 monthly statements to comptroller 117 appropria.tiC'ns not to be diverted 118 expenses not to exceed appropriation 118 inspectors, commissioners appoint and remove 115 qualifications 114, 115 offices, principal in Manhattan 112 hranch pfiipe in Brooklyn 112 and in other boroughs 112 rules and regulations, board to establish 113 uniform in all boroughs 113 subordinate ofBcers, board appoints 113 within limit of appropriation 113 commissioner appoints, in boroughs 115 within limits of appropriation 115 forbidden to engage in certain occupations 115 punishments 115 superintendents, commissioner appoints and removes 115 qualifications 115 commissioner may designate one to exercise his powers. . 115 apjjoint to perform particular duty 115 Demolition of buildings: (See Buildings.) Destruction of buildings: {See Buildings.) Depot: (See Railroad Buildings and Depots.) Diagonal headers in brick walls: (See Walls,) Diagram of theatre exits: (See Theatres, Opera Houses, etc.) Door openings, arches and lintels for 23 Doors: fireproof required in certain buildings 32 in buildings over two stories 52 in public buildings, hotels, theatres, etc., be arranged to facil- itate egress 57^ 58 in tenements, lodging houses, etc 140 145 l66 INDEX, PAGH Dormitories: thickness of walls of ]7 of non-bearing walls 18 supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 Drainage: (See Plumbing and Drainage.) Drawings to be furnished with plans and specifications as the commissioner may require 3 Dressing rooms in theatres: (See Theatres, Opera Houses, etc.) Drying rooms, walls, ceiling and partitions, inclosing 43 Ducts : for conveying smoke, hot air, etc., how guarded 34 for pipes, wires, etc., to be inclosed vsdth fireproof material. . . 36 for carrying hot air from theatre chandeliers, etc 58 Dumb-waiter: shafts, how inclosed 48 how constructed 48 when bottom to be constructed of fireproof material 48 . Dwellings: thickness of walls of 17 of non-bearing walls IS supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 cellar floors in, requirements 29 wood iioors in cellar, how laid 29 of three stories or less, chimneys in 33 entrance to basement of 37 dumb-waiters in 48 when fire escapes be constructed in 51 exempted from provision requiring fireproof shutters and doors 52 bearing strength of floors of 75 with eight-inch walls, raising peak roof for purpose of mak- ing flat roof 85 raising, lowering, etc., height of 85 extending, length of 8G Dwellings, private: definition of 5 two or more may be connected 5 provided halls and stairs are left unaltered 5 not to cover more than ninety per cent, of lot 5 vent shaft to light interior bath-room in 25 INDEX 167 E ^-" PAGE Earth: (See Bearing Capacity of Soil.) Egress: (See Public Buildings, Theatres, Opera Houses, etc.) Elevators and hoistways: recesses in walls for 84 bulkheads inclosing 45 to be protected with guard or gate, when 46 trap-doors, when required 47 how placed 47 guards and gates to be closed at all times 47 trap-doors to be closed at end of business day 47 automatic trap-doors may be required by commissioner 47 inclosure walls of, how constructed 47 roofs over, inclosed 48 lower end of shaft to be inclosed in fireproof material, when. . 48 passenger, may be erected in staircase inolosures, when 48 in existing non-rireproof hotels not inclosed in fireproof shafts 48 screens to be placed under sheaves at top of 48 inspection of passenger 49 qualifications of persons in charge of passenger 49 regulations to be made by commissioner 49 repairing passenger 49 notice posted on freight 49 passenger, one to be kept in readiness for fire department, when 49 in tenements and lodging houses 146 ii'on shutters, etc., in, to be closed 130 Employees of department: (See Department of Buildings.) Excavations: to be properly guarded 9 to be sheathed piled when necessary 9 adjoining walls, etc., to be protected in excavations carried below ten feet 9 license to be given to enter adjoining premises 9 where license is not accorded 9 preservation of adjoining walls, etc., where excavation is not carried below ten feet 9, 10 power of commissioner to protect adjoining structure if adjoining ow^ner neglect 10 remedy given to party doing work under direction of com- missioner 10 retaining wall to be built to support adjoining earth 10 required thickness of retaining wall 10 protection required to adjoining party wall 10 common-law liability for excavation 10 party liable must be afforded necessary license 10 Tevocation of license, effect 10 duty to support adjoining wall does not cease with excava- tion 11 1 68 INDEX. PAGE- Excavations — Continued. license to enter adjoining land need not be tendered 11 owner not relieved from liability by employment of con- tractor 11 Exhibition buildings, how constructed 40 Extinguisher, certain buildings to be supplied with fire 49 F. Eactories: thickness of walls of 19 brick partitions or girders, when required in in dimensions of permitted 1!* height and thickness of parapet walls in 24 cellar floors in, requirements 29 ■wood floors in cellar, how laid 29 stairs in, number of regulated by area of building 37 gas or steam pipes for lighting or heating in, provided with stop-cocks 44 non-fireproof elevator shafts in, to be inclosed in brick 47 perforated pipes for fire extinguishing, to be placed in 49 to be provided with fire escapes, when 51 theatres, opera houses, etc., not to be occupied by 58 bearing strength of floor of 75 estimate of, how made 76 Fences, wooden, height of limited 90 Fire apparatus, certain buildings to be supplied with 49, 121 Fire-backs, how constructed 32 Fire Department, power and duties of 121, 122, 129, 130, 131 Fire escapes: when required to be constructed 51 to be kept in repair 51 encumbrances not to be placed on 51 penalty for failure to remove 51 notice required to be placed on balcony 51 in tenement and lodging houses 136 Fire extinguisher: (See Extinguisher.) Fire limits: of the borough of Manhattan 87 Bronx 87 Brooklyn 88 Queens 90 Fireplaces: and breasts to be supported by trimmer arches 32 trimmer arches, how constructed 32 where heater is placed in 32 not to be closed with wood fire board 32 how constructed 32 Fireproof buildings: certain buildings required to be built as 53 how constrircted 53, 54 floors in 53, 54 INDEX. 169 I'AGE Fires, preventipn of , 119 Firewalls in theatres: (See Theatres, Opera Houses, etc.) Fireworks, manufacture and storage of regulated 124, 135 Flanges: under fireproof floors 34 in steel and wrought iron, columns 68 in cast iron colurtins 69 in steel and wrought iron girders 70 under furnaces and boilers 41 Flats: (See Apartment Houses.) Flooring: plans and specifications for (see Plans and Specifications) 3 of buildings undergoing demolition not to be encumbered . 5 Floor lights for transmission of light, how constructed 38 Floors: (See Tenement and Lodging Houses.) in apartment and tenement houses, construction regulated 27 wood, protection of from boilers or furnaces 41 protection of from kitchen stoves, etc 43 fireproof, how constructed 54 adjustment of load on fireproof 54 openings, in fireproof buildings, construction of 54 in thpp.tres, opera houses, etc 58 bearipg strength of '. 75 loads on, to be distributed 76 estimate of parrying capacity of, in certain buildings 76 load greater than carrying capacity not to be placed on . . 77 strength of existing, to be calculated 76 Flues: to be separated from wood beams 30 smoke, stone and brick work of 32 boiler, brick work, how laid 33 smoke, height above roof 33 tp be lined with piping 33 to be cleaned upon completion of building 33 hot air, how lin^d 34 not wood casing, etc., to be placed against 34 Footings: of iron and steel under water, how protected 12 for foundations, thickness of IS inaterials that may be used for 13 Foundations : bearing capacity of soil, how determined 11 pressure under footings of, how determined 11 materials to be used for constructing 12 rock surface foundation : 12 piles used as foundations 12 loads to be imposed on 13 Foundation walls: (See Footings.) definition of '•• 13 of what material to be constructed 13 footing or base course, how constructed 13 I70 INDEX. PAGS Foundation walls — Continued. when constructed of rubble stone or Portland cement con- crete 13 brick 13 base stones, how laid 13 where isolated piers are used instead of continuous foundation walls 14 commissioner authorized to permit reduction in thickness and projection of, in small structures 13 to be laid in cement mortar , 17 lime' may be used in cold weather 17 Foundries, thickness of walls of 19 Frame buildings: definition of 6 built over water may be constructed on wood piles 13 wood beams in, may be supported on stud partitions 30 raising height of 85 not to be moved from one location to another 85 not to be built within fire limits 86 temporary one-story, when permitted 90 within fire limits when partially destroyed not to be restored.. 92 outside fire limits, height regulated 92 footing or bottom stones of 93 foundations of 93 walls of 93 flues in 93 chimneys in 93 party walls in 93 sills of , 94 floor beams and rafters 94 roofs 94 light, vent and dumb-waiter shafts in 94 wood girders used instead of brick fore and aft partitions.. 94 of ceilings of cellar or lower story 94 when not to be occupied by more than six families 94 extending, raising, repairing, etc 94 plumbing, draining, heating, etc 95 commissioner may modify provisions of code relating to 94 erected where streets are not established 94 Furnaces: brick, hot air, construction of 41 portable, hot air, protection of wood floors, ceilings, par- titions, etc 41 notice of placing in building of to be given to building depart- ment 43 Gas lights: (See Lights.) •Gas brackets: how placed 44 svdnging or folding , 44 INDEX. 171 PACE Gas stove: {See Stoves.) Gas pipes: (See Pipes.) Gates: (See Elevators, Theatres, Opera Houses, etc.) Girders: iron and steel to support wralls and ceilings of non-flreproof buildings 18 when use of authorized in lieu of brick walls. 18 in stores, warehouses, factories more than twenty feet wide. . 19 additional for support of recesses for stairways or elevators. . 24 for supporting cellar partitions in residence buildings 26 supporting wood beams, how anchored and strapped 31 exposed sides of iron and steel 67 inside surface of iron and steel 67 for support of inclosure walls 68 rivets in iron or steel 70 splicing in iron or steel 70 stifEeners to support flanges of 70 when supported by brick walls or piers 71 cast iron plates 71 strength of temporary supports of 77 Grillage beams: may be used as foundations 14 how laid 14 Grain elevators, construction of 40 Gravel may be used in mixing concrete in lieu of stone 7 Gunpowder, guncotton, etc., manufacture and storage regulated. . 123, 124 Halls: construction of, in apartment and tenement houses, regulated.. 27 in public buildings, hotels, theatres, etc., be arranged to facilitate egress 57 in tenement and lodging houses, construction of 147, 149 Header beams: (See Beams.) Header: dimensions 14 stone walls of twenty-four inches or less to have 14 Health Department: (See Board of Health, Lodging and Tenement Houses.) Hearths, trimmer arches for supporting 32 Heating apparatus: (See Furnaces.) Height of buildings, how measured 5 Height of walls, how measured 5 Hemlock, carrying capacity and strength of 80 Hoistways: (See Elevators and Hoistways.) Hooks, certain buildings to be supplied with fire 49 Hose, certain buildings to be supplied with for fire extingTiishing.. 49 Hospitals: thickness of walls of 17 of non-bearing walls 18 172 INDEX. PAGE Hospitals — Continued. supports of walls and ceilings in non-fireproof IS when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 cellar floors in, requirements of 29 wood floors in cellar, how laid 29 to be supplied with fire escapes, when 51 required to be built fireproof 53 Hotels: definition of 5 area of lot, permitted to be covered by 5 occupying number of lots may have air spaces distributed as commissioner directs 5 thickness of walls of 17 of non-bearing walls 18 supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 cellar floors in, requirements 29 wood floors in cellar, how laid 29 stairs in, number of regulated by area of building 37 gas or steam pipes for lighting or heating in, provided with. stop-cocks 44 to be supplied with fire escapes, when 51 exempted from provision requiring fireproof shutters and doors '. ' 52 required to be built fireproof 53 to be arranged to facilitate egress 57 not to be located in theatre 58 I. Inclosure over sidewalks for protection of pedestrians 39 Injunction: for restraining violation of building code 98 use of dangerous or unsafe buildings 104, 132 erection of tenement house in violation of law 48 Inspectors of buildings: (See Department of Buildings.) Inspectors of plumbing to report persons not registered doing business as plumbers 83 Iron: cast, quality of regulated 8 working stress of wrought 80 of east 80 Iron and steel work: skeleton construction 67 steel or wrought iron columns (see Columns) 68 cast iron columns (see Columns) 68 double columns (see columns) 69 INDEX. 173 PAGE Iron and steel work — Continued. party wall posts {see Posts) 70 steel and iron g-irders {see Girders) 70 lintels (see Lintels) 71 beams (see Beams) 71 framing and connecting 72 riveting (see Eivets and Riveting) 72 bolting (see Bolts and Bolting) 73 trusses (see Trusses) 73, 74 fronts to be filled in 74 painting of 74 J. Jails: thickness of walls of 19 required to be built fireproof 53 Judgment for penalties for violation of building code 96 Jury and jury trials: (See Unsafe Buildings.) L. Xaboratories: thickness of walls of 17 of non-bearing walls 18 supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used IS when twelve-inch brick partitions required 18 Ladders: stationary iron, in buildings containing boilers or machinery.. 38 in buildings requiring fire escapes 51 Laundry stoves: (See Stoves.) Leaders: metallic, all buildings to be provided with 46 to be connected with sewers 46 when no sewer exists 46 Length of buildings, how determined 5 Lessee to submit plans and specifications of proposed work 3 Libraries, thickness of walls of 19 Light and power houses, thickness of walls Of 19 Lights: gas, placed near window curtains 44 in theatres, opera houses, etc 58 requirements of, for tenement and lodging houses 149 precautions against fires in hotels, tenements, lodging houses, ' etc 121 Xime: used for mortar to be burnt and slaked before admixture. ... 7 proportion of to be used in mixing lime mortar 7 cement and lime mortar 7 174 INDEX. PAGE Lime mortar, proportion of lime and sand used in making 7 Limestone, carrying capacity and strength of 80 Lintels: for door and window openings 23 in fireproof buildings, how constructed 54 cast iron, used for spans 71 minimum thickness of 71 when supported by brick walls or piers 71 cast iron plates 71 Lis pendens in actions for violation of building code 98 Loads: live, defined 75 dead, defined 75 floor 75 on, to be distributed 76 safe bearing to be applied to masonry work 78 Locust, carrying capacity and strength of 80 ■ Lodging house: (See Tenement and Lodging Houses.) thickness of walls of 17 of non-bearing walls 18 supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 cellar fioors in, requirements 29 wood floors in cellar, how laid 29 stairs in, number of regulated by area of building 37 to be supplied with fire escape, when 51 required to be built fireproof 53 bearing strength of floor of 75 Lot: area permitted to be covered by dwelling house 5 by apartment house 5 by hotel 5 by office building 6 by tenement and lodging houses 145, 146 M. Machine shops, thickness of walls of 19 Mantels, wood, not to be placed against fireplace 32 Marble, carrying capacity and strength of 80 Markets, thickness of walls of 19 Materials: new, to be tested as to character and quality under super- vision of commissioner 8 computing strength of 78 safe carrying capacity of various 80 formulas for determining 80' Messengers: (See Department of Buildings.) INDEX. lys PAGE. Mills: thickness of walls of 19 to be supplied with fire escapes, when .^ 51 Modiiication of building law, how obtained 115 Mortar : preparation of lime mortar 7 cement mortar 7 cement and lime mortar 7 Municipal Assembly: authorized to restrict height of buildings \. . . 109 t."> make building regulations 109 Municipal buildings, provisions of building code applicable to 4 Museums, thickness of walls of 19' N. Notice: of placing of furnace and heating apparatus to be given build- ing department 43 of violation of building code 99 in proceedings to restrain or abate violations of building code.. 99 o. Oak, carrying capacity or strength of 80 Observatories, thickness of walls of 19 OfBce buildings: definition of 6 area of lot permitted to be covered by 6 thickness of walls of 19 Ofiice of Department of Buildings: (See Department of Buildings.) Openings in sidewalks, how covered 29 Oriel window: projection of 37 how constructed 37 Owner to submit plans and specifications of proposed work 3 P. Parapet walls', construction and height of 34 Parish buildings: thickness of walls of 17 of non-bearing walls IS supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick vi^alls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 Partitions: of brick and hollow tile 25 in cellars of residence buildings 26- 176 INDEX. PACK Partitions — Continued. of steel placed in lower story or cellar of buildings 26 stud, fore and aft, in residence buildings resting over other . . 26 wood, protection of from boilers and furnaces 41 walls, and ceilings in drying rooms 42 protection of, from kitchen stoves, etc 42 in fireproof buildings 53 in theatres, opera houses, etc 58 Partition walls: brick fore and aft, when required 18 when eight-inch may be built to support beams 18 when twelve-inch required 18 in stores, warehouses and factories more than twenty-five feet wide 19 Party walls: how protected against adjoining excavations 10 existing, may be built in conformity with former law 22 height of existing, how increased 32 anchorage of 23 to extend up above planking of cornice 44 when required to be furnished with parapet walls 24 Penalties : for violating building code 96 for violation of law regulating storage or combustibles, guard- ing lights, etc 131 for violating- tenement house act 150 for violation of statute requiring hoistway doors to be closed.. 120 Persons buried under ruins, recovery of 105 Petroleum and coal oils, storage of 125 Piazzas and balconies, construction of regulated 90 Piers: where isolated are used instead of continuous foundation walls 14 materials to be employed in constructing 15 to be bonded together 15 plumb and straight 15 on a line 15 not to be constructed in freezing weather 15 not to be built upon if frozen 15 brick laid in non-freezing weather to be wet 15 when bond stone required to be biiilt into 15 isolated brick, height of 16 thickness of, when built of coursed stone, with dressed beds and vertical joints 16 isolated, to be laid in cement mortar 17 lime may be used in cold weather 17 of masonry may be used in lieu of brick partitions, when 18 in public buildings 19 additional for the support of recesses for stairways or ele- vators • 24 for supporting cellar partition in residence buildings 26 INDEX. 177 T-v. ^ PAGE Piers — Continued. anchorage of wood beams to 31 construction of, when supporting chimneys 34 in theatres, opera houses, etc 58 Piles: when to be used as foundations 12 spaces between 12 number of, required 12 to be driven to solid bearing 12 required dimensions 12 maximum load put on pile , 12 formula for determining sustaining capacity of pile 12 tops of piles to be cut off below water level 12 when concrete to be interspersed between pile heads 12 wood piles for frame buildings built over water 13 Pipes: (See Ducts.) soil or waste, not to be constructed without filing plans 4 chases in walls for 24 smoke flues to be lined with iron, burnt clay or terra-cotta. . . 32 how built in and fitted 32 guarding woodwork, lath partitions, etc., from hot air 34 from stove 34 from steam and hot water heating 36 from smoke 34 smoke, passing through roof 34 steam and hot water heating, to be fireproof 36 connecting with furnace register placed over woodwork 42 range 42 gas and steam, to be furnished vsrith stop-cock 44 gas, how let into beams 44 water, how let into beams 44 perforated stand, for fire extinguishing, when placed in build- ings 49 gas or steam in theatres, opera houses, etc 58 Plans and specifications: of proposed buildings to be submitted to the commissioner of buildings 2 to be executed in triplicate 2 on blanks furnished by building department 2 to contain name and residence of owner 2 sworn to before notary public 2 to contain full statement of plans of proposed work 2 with detailed drawings, etc, as commissioner may require 3 persons other than owner to show authority to perform work 3 false swearing in, perjury 3 ■work not to be proceeded with until plans haev been filed and approved 3 ordinary repairs may be made without filing plans, etc 3 repairs which may >not be made without filing plans 3 178 INDEX. PAGE Plans and specifications — Continued. commissioner may permit part of work to be proceeded with for whicli plans have been submitted 3 commissioner to approve or reject plans filed within reason- able time 4 approval under which no work is commenced to expire within one year 4 for erection of building- on existing premises to be demol- ished 5 to be accompanied by statement of character of soil at level of footings 9 Platforms: (See Theatres, Opera Houses, etc.) plans and specifications for (see Plans and Specifications) 3 Plumbers : master, to register 83 corporation or copartnership engaged in business of 83 not to engage in business unless registered 83 inspectors of plumbing to report persons not registering as . . 83 injunction restraining persons not registered from doing business as 83 definition of master 83 Plumbing and drainage: to be constructed or altered in conformity with building code.. 2 plans and specifications for (see Plans and Specifications) .... 3 when ordinary repairs in, may be made without filing plans, etc 4 system of, not to be altered except upon plans filed 4, 83 departments of buildings to make regulations governing 83 publication of regulations 83 Police, sanitary company of to enforce tenement and lodging house act 152 Police stations: thickness of walls of 19 required to be built fireproof 53 Portland cement: defined 7 test of , 7 test to be made under supervision of commissioner 7 Posts: stone, use of, forbidden to support interior columns 16 used to support party walls 70 with open sides or backs 70 carrying capacity of 75 Printing houses, thickness of walls of 19 Private dwellings: (See Dwellings, Private.) Privies, sinks and vaults: (See Tenement and Lodging Houses.) Precept in proceedings in regard to unsafe buildings lOr! Public buildings: thickness of walls of .... ^ 19 skylights in, when wire netting required 38 to be arranged to facilitate egress 57 INDEX. 179 Public assembly buildings, thickness of walls of Pumps, certain buildings to be supplied with, for fire extinguish- ing Pumping stations, thickness of walls of PAGE 19 49 19 R. Railroad buildings and depots: thickness of walls of to be arranged to facilitate egress Ranges : kitchen, how supported , . . protection of ceilings, floors, partitions, etc when not supported on legs, how constructed not to be placed against furred wall Ranging and capping timbers: for foundations, how to be laid and joined quality required Recesses in walls: (See Walls.) Refrigerating houses, thickness of walls of Registers: over brick furnace, how supported placed over w^oodwork or combustible floors boxes, how^ constructed openings, casing of Registration of plumbers: (See Plumbers^) Repairs: ordinary, may be undertaken without filing plans, etc repairs which may not be proceeded with without filing plans Report in unsafe building oases: (See Unsafe Buildings.) Retaining wall to be built to support adjoining earth from exca- vation Requisition to enforce precept: (See Unsafe Buildings.) Rigging lofts in theatres: (See Theatres, Opera Houses, etc.) Rivets and riveting: in steel and wrought iron columns in cast iron columns in rolled steel and wrought iron girders of structural steel and wrought iron work working stress of steel of vyrought iron Roof gardens: (See Theatres, Opera Houses, etc.) Roofs: (See Tenement and Lodging Houses.) skylights in fireproof, area of of adjoining buildings, when to be protected power of commissioner to protect adjoining, if owner neglect., remedy given to party doing work under commissioner.. having a pitch, construction of stagings or stands not to be constructed on without commis- sioner's approval 19 57 42 42 42 42 13 12 19 42 42 42 42 3 3 10 68 68 70 72 80 80 38 39 39 39 44 45 l8o INDEX. PAGE Roofs — Continued. sheathing and planking of 46 materials used for 40 how constructed 4;, of wood buildings over two stories 46 repairing of shingle 46 bearing capacity of 75 Eooms in tenements: (See Tenement and Lodging Houses.) Rules and regulations: (See Department of Buildings, Plumbing and Drainage, Tenement and Lodging Houses.) Rubble stone work, carrying capacity and strength of 80 s. Sand: quality of, required 6 proportion of, to be used in mixing lime mortar 7 cement mortar 7 cement and lime mortar 7 concrete 7 Sandstone, carrying capacity and strength of 80 Scaffolds: over streets, wire netting beneath 39 flooring on, regulated 39 Scenery: (See Theatres, Opera Houses, etc.) Schools and school houses: thickness of walls of 17 of non-bearing walls 18 supports of walls and ceilings in non-fireproof 18 when girders maj' be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 cellar floors in, requirements 29 wood floors' in cellar, how laid 29 guarding of flues and ducts in rooms of 34 gas or steam pipes for lighting or heating in, provided with stop-cock 44 exempted from provisions requiring fireproof shutters and doors 52 required to be built fireproof 53 Screen under elevators: (See Elevators and Hoistways.) Sciittles in roofs: to be covered with fireproof material 45 dimensions 45 to have stairs or ladder leading to 45 of buildings requiring fire escapes 51 Seal: (See Department of Buildings.) Sewer: (See Plumbing and Di-ainage.) private or house sewer not to be altered except in comf ormity with plans filed 4 when to be connected with cellars 28 leaders to be connected with 46 INDEX. i8r PAGB Shafts: light and vent, walls of be fireproof 25 walls of, how carried up and coped 25 vent in private dwellings for interior bath-rooms 25 for elevators, hoistways, etc 46, 47 dumb-waiters 48 in tenement and lodging houses 146 Shavings, how to be stowed away 119 Sheds: over sidewalk for protection of pedestrian 39 of wood, over lifteen feet high 90 Show wl^do^v: projection of 37 how constructed 37 Shutters and blinds: fireproof required in certain buildings 53 opening on fire escapes 53 rolling iron or steel 52 in buildings over two stories 53 Signs, wood or metal, size and use of regulated 90 Skylights: of over nine square feet, how constructed 38 in fireproof roofs, number of 38 in public buildings, when wire netting required 38 of adjoining buildings, when to be protected 39 power of commissioner to protect adjoining. If owner neglects 33 remedy given to party doing work under commissioner. . 39 in theatres, opera houses, etc 58 Slate, carrying capacity and strength of 80 Slaughter-houses, thickness of walls of 19 Smoke houses, construction of 40 Soil, bearing capacity of, how determined 11 Soil pipe, not to be constructed except in conformity with plans filed 4 Specifications: (See Plans and Specifications.) Splices: in steel and wrought iron columns 68 in cast iron columns 68 in steel and iron girders 70 Spruce, carrying capacity or strength of 80 Stables: thickness of -walls of 19 of three stories or less, chimneys in 32 Stage: (See Theatres, Opera Houses, etc.) Staging not to be constructed upon roof without commissioner's approval 4^ Stairs, stairways and staircases: not to be closed, removed, changed, etc., except in conformity with plans filed 4 recesses in walls for 24 1 82 INDEX. PAGE Stairs, stairways and staircases — Continued. construction of, in apartment and tenement houses, regu- lated 27 in factories, lodging houses, hotels, etc., number of regulated by area of building 37 in buildings containing machinery or boilers 38 slate and stone treads of, to be supported 38 treads of, when may be of oak 38 in fireproof buildings, how constructed 53 in public buildings, hotels, theatres, etc., be arranged to facilitate egress 57 construction of, in tenement and lodgfing houses 137, 146, 147 Stand pipes: perforated with hose attachment to be placed in building, when 49 inspection of 49 how constructed 49 in theatres, opera houses, etc 58 Statement: (See Plans and Specifications.) Steam pipes: {See Pipes.) Steel: quality of, required 8 tensile resistance of 8 cast steel, quality of required 8 to be free from blow holes 8 rolled, working stress of 80 cast, working stress of 80 Stepped-up footings of brick: (See Foundations.) Stirrup irons: (See Beams.) Stone: size required in mixing concrete 7 how laid in foundation falls 14 Stone posts: (See Posts.) Stop-cock: (See Pipes.) Stores: thickness of walls of 19 brick partitions or girders, when required in 19 dimensions of, permitted 19 height and thickness of parapet walls in 24 stairs in, number of regulated by area of building 37 non-fireproof elevator shafts in to be inclosed in brick 47 to be svipplied with fire escapes, when 51 Stoves: how supported 43 when placed on wood floors 43 gas, to be placed on iron stands 43 burners in, where placed 43 guarding of woodwork 43 laundry, placed on wood floors 43 Stress: (See Working Stress.) Structure: (See Buildings.) INDEX. 183 studios: thickness of walls of 17 of non-bearing walls 18 supports of walls and ceiling's in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used. 18 when twelve-inch brick partitions required 18 Sugar refineries, thickness of walls of 19 Supports: (See Temporary Supports.) Survey in unsafe buildings: (See Unsafe Buildings.) T. Tail beams: (See Beams.) Tanks: how constructed 45 placing of 45 v.'ater, covers of 45 for fire extinguishing purposes 49 Templates under ends of steel or wrought iron floor beams 71 Temporary structures defined 90 Temporary supports, strength of 77 "Tenement house: thickness of walls of , 17 non-bearing walls 18 supports of walls and ceilings in non-fireproof 18 when girders may be used in lieu of brick walls 18 when eight-inch brick partitions may be used 18 when twelve-inch brick partitions required 18 non-fireproof of five stories, construction required 27 non-fireproof exceeding five stories, requirements 27 fireproof, height of 27 construction of floors, halls, cellars and ceilings in 27 cellar floors in, requirements 29 wood floors in cellar, how laid 29 bearing strength of floor of 75 Tenement and lodging houses: animals, certain, not to be kept in 140 areas, around basement 138, 139, 146 between buildings 146 ashes and rubbish, proper receptacles to be provided for 148, 149 basements and cellars, dwelling rooms in, regulated 138, 139 permit from board of health necessary 139 prevention of dampness in 149 board of health may make other regulations 151 cleansing as often as required by board of health 139 condemnation, board may require removal of occupants in part or whole 142 order be rescinded on removal of danger 143 this is a duty 143 causes may be infection from contagious disease 142 1 84 INDEX. PAGE Tenement and lodging houses — Continued. condemnation, board may require removal of occupants in part or whole — Continued. or want of repair 142. or existence of a dangerous nuisance 142 procedure 142, 143 owner's remedy is by action for damages 143, 143, 143 removal of building 143 no hearing necessary before order 144 proceedings in supreme court 143, 144 board must institute proceedings 144, 145 board's order sustained unless unjust 145 evidence of enhanced value to be received 144 basis for award 144 chimneys for stove in every apartment 148 consi ruction or alteration, general provisions 135 additional provisions 145 department of buildings has cognizance of, may make other regulations 151 definitions 135, 136 doors for certain stores, regulated 141 to dumb-waiter shafts ■ 146 filth and garbage not to be kept or placed in 147 penalty • 137 receptacles to be provided for 140 ■ elevators regulated . . ' 146 flre escapes to be approved by department of buildings 136 halls, entrance to be fireproof, etc 147 open to outside air or equivalent 135, 149 wainscoting to be fireproof 147 injunction against builder, etc 147, 148 inspection by board of health, twice a year at least 141, 142 after any order 142- free access to health officers 142 janitor required in certain 150 lights in halls, sunset to 10 P. M 149 where no outside windows 149 fire department to prescribe precautions 149 lots, percentage of space which may be built upon 145, 146 notices by board of health 141 of names of owners 140, 141 and particulars of the property 140, 141 penalty for failure to give 141 overcrowding and remedy 151 permits for buildings or alteration 147 by board of health 150 rear tenements 145, 146 roofs to be kept in good repair 136 rain water properly conducted from 136 hall ventilation to be approved by department of build- ings 136 rooms, dimensions and ventilation of 148. INDEX. 185 PAGE Tenement and lodging houses — Continued. shafts uncovered if over ten square feet 146 except for elevator or staircases 14() sleeping rooms, construction and ventilation 130 stairs and stairways, proper banisters and railings to be pro- vided 136 to be kept in good repair 136 personal liability for defects 136 cellar or basement stairs, regulated 146 where to be fireproof 146, 147 to extend to roof, etc 147 storage of combustibles or dangerous articles forbidden 140 including rags 147 transoms from certain stores, regulated 140 in sleeping rooms .' 136 use and occupation, sanitary code must be conformed to 135 and orders of beard of health 135 violation of law relating to tenements, penalties 150, 151 actions for penalties 150, 151 wall paper, old to be removed and walls cleansed 139 water, proper appliances for using on each floor 139 failure in general supply not chargeable to owner 139 valid exercise of public power 149 expense does not invalidate the law 149 provision intended also as safeguard against fire 150 one place on each floor sufficient 150 water-closets, privy, sinks, etc., number required 137 sewer connections 137 ventilation 137 for basement apartments 138 care in using 137 privies allowed only when unavoidable 137 permit from health department necessary 137 window openings 147 floors, etc 147 whitewashing walls and ceilings once a year 139 windows, to outer air 147, 148 from certain stores regulated 137 yards, sewer connections to be made 137 with gutter, where no sewer 138 Tests: of Portland cement 7 of cement other than Portland 7 of new materials 8 of bearing capacity of soil 11 of working stress of various materials 80 Theatres, opera houses, etc.: aisles in 57 approval of commissioner required before opening 58 auditorium, separation of from entrances, corridors, etc 58 stage 58^ 1 86 INDEX. PAGE Theatres, opera houses, etc. — Continued. business extra hazardous not to be located in. 60 ceilings under galleries to be fireproof 62 . of auditorium to be fireproof 62 not to be covered with wood sheathing 62 coil or radiator, location of -58 courts to be built in, dimestions of 58 location of 58, 59 balconies to be built in, dimensions 59 staircases from balcony in, construction of 59 corridors to connect court with street 59 to be provided with doors 59 doors in, to be open during performance 59 to bo built fireproof 59 width of 59 level above street 59 curtains, saturation of, with fireproof material 62 fireproof for proscenium opening 61 diagram showing exits to be printed on programme 67 doors to open outwardly 59 to be built of fireproof material ^ 59, 62 location of 59 width of 59 dressing room, location of 63 ducts, conducting heated air from chandelier, etc., construc- tion of 58 egress, to be arranged to facilitate 58 entrances and exits 59 from main floor, height from sidewalk '59 from auditorium to side court 59 dimensions of 59 to be provided with doors 59 number of required 59 fire apparatus to be provided in 65 fiireproof, when required to be built 53 fire wall to separate auditorium from stage 61 floors of second story 63 fly galleries to be constructed of iron or steel 62 ioyers, lobbies, etc., capacity of 62 frontage on street required 58 galleries, how supported 60 gradients, when to be employed 63 lighting of outlets to street 66 lights, how controlled 66 how protected 66 protection of foot 66 protection of border 66 no portion of to be used as hotel, boarding house, factory, etc.. 60 oflices, stores and apnrtments when occupying portions of... 60 orchestra constructed over stage above proscenium opening. . 61 partitions to be fireproof in 62 INDEX. 187 PAGE theatres, opera houses, etc. — Continued. piers and buttresses in i 58 pipes, gas or steam to be provided with stop-cock 66 proscenium opening, how supported and protected 61 to be provided with fireproof curtain 61 rigging loft to be fireproof 63 roof gardens or galleries constructed above 60 floors, how constructed 60 roofs of, how constructed and supported 60 roofs of auditorium, main floor and vestibule 62 seats in 63 scenery, saturation of with fireproof material 63 skylight, metal, placed over stage 61 sprinklers, automatic, to be provided in 65 stage portion of, occupied by scenery, etc., how constructed . . 63 ■stairs and stairways, how constructed 9,64 to be inclosed with fireproof material 9, 64 number of 63, 64 hand rails to be provided 64 «tand pipe, number of, to be provided in 65 steam boiler, where located 65 ■wainscoting, wood,, when permitted 62 walls, thickness of 19 Interior of 62 not to be covered with ■wood sheathing 62 woodwork, painting of with fireproof material 62 workshop, storage and property room, where to be located .... 58 "Timber:- quality of, required 8 ranging and capping timbers for foundations 13 in walls prohibited, when 36 for trusses, straining of 33 work, bolts used in provided with washers 32 Trimmer arches: {8ee Arches.) Trimmer beams: (/See Beams.) Trusses: when compression members of are of timber 32 of steel and wrought iron 73 riveted steel and wrought iron 73 steel and iron pin connected 74 u. XJnsafe buildings, structures, etc.: removal of 100 docket of, to be kept 100 contents of docket 100 notice to owner, agent, etc ^ 100 description of unsafe premises 100 time allowed for removal or repair pf 101 service of further notice upon refusal to remove or repair.... 101 188 INDEX. PAGE Unsafe buildings, structures, etc. — Continued, survey of 101 who to make survey 101 report after survey 101 trial on report of survey of 103 trial by jury, judge or referee of proceedings 102, 103 rendition of verdict of trial 103 costs and expenses of trial 103 precept in cases 103 requisition by corporation counsel upon comptroller for expense of enforcing judgment 103 lis pendens 104 commissioner of buildings authorized to modify requirements of precept 104 application for order to remove violation and to vacate build- ings 104, 105 V. Vaults: (See Tenement and Lodging Houses.) under sidewalk, walls of 29 ' roof of 29 cover of 29 Ventilation of tenement houses: (See Tenement and Lodging Houses.) Violation of building law: (See Tenement and Lodging Houses.) persons liable 96 penalties for 96 proceedings by injunction to restrain 97 application for order to remove 104 w. Wainscoting: wall or partition back of 36 in theatres, opera houses, etc 58 Walls: to be constructed in conformity with building code 2 plans and specifications for (see Plans and Specifications) .... 3 of stone or brick not to be cut away except in conformity with plans filed 4 height of, how measured 5 foundation, how constructed (see Foundation Walls) 13 of stone twenty-four inches or less in thickness to have header 14 materials to be employed in constructing 14 buildings to be Inclosed on all sides with 14 bearing, defined 15 when to be increased in thickness 15- to be bonded together 15 plumb and straight 15 on a line 15' INDEX. 189 PAGE Walls — Continued. not to be constructed in freezing weather 15 not to be built upon if frozen 15 brick laid on, in non-freezing weather, to be wet 15 thickness of when built of coursed stone with dressed beds and vertical joints 16 in brick, sixth course to be heading course 16 except where faced brick with running bond is employed.. 16 for foundations or parapets, to be laid in cement mortar 17 lime may be used in cold weather 17 of brick or stone to be laid in lime, cement or lime and cement mortar mixed 17 walls for dwelling houses, defined 17 for dwelling houses, thickness of 17 thickness of non-bearing 18 partition, thickness of 18 when girders or columns may be used in lieu of brick 18 for warehouses, defined 19 thickness of 19 for buildings 105 feet long, increase thickness 21 interior reduced thickness of 21 for one-story buildings 21 inclosure for skeleton structures 21 curtain, thickness of 22 height of existing, how increased 22 of existing unfinished buildings 23 may be carried up two stories in advance of other 33 how anchored 33 to be strongly braced during erection 23 hollow, construction of 24 parapet, when to be constructed 34 hollow brick used on inside of, permitted 24 hollow tile, etc., used for lining or furring not included in thickness of 24 recesses for alcoves, stairways and elevators in 24 chases for pipes in 24 area of, permitted from recesses and chases 34 furred with vyood 35 forming light and vent shafts, how constructed 35 timber in, prohibited, when 36 when eight-inch, authorized to inclose halls and stairways in apartment and tenement houses 27 for vaults under sidewalk 29 hovF anchored to beams 31 spaces between studding and inside face of to be stopped with fireproof material 36 partitions and ceilings in drying room 42 protection of, from kitchen stoves, etc 42 to be carried up to top of cornice 44 when required to be furnished with parapet 24 in fireproof buildings, materials required for 53 I go INDEX. PAGE Walls — Continued. strength of temporary supports of 77 computing weight of 7S Warehouses: thickness of walls of 19 brick partitions or girders, when required in 19 dimensions of permitted 19 height and thickness of parapet walls in 24 non-fireproof elevator shafts in, to be inclosed in brick 47 bearing strength of floors of. 76 Waste pipe not to be constructed except in conformity with plans filed 4 Water in tenements: (See Tenement and Lodging Houses.) Wa.ter closets: (-See Tenement and Lodging Houses.) Water pipes: (See Pipes.) Wheelwright shops, thickness of walls of 19 White pine, carrying capacity or strength of 80 Width of buildings, how determined 5 Window: arches and lintels for opening 23 when to be inclosed 39 when not required to be protected with fireproof shutters 52 openings in fireproof building 53 Wood beams: (See Beams.) quality of, required 8 Wood buildings: (See Frame Buildings.) Wood piles: (See Piles.) Wood structures, definition of 6 Working stress of various materials 80 Woodwork: when permitted to be used in fireproof buildings 53 in theatres, opera houses, etc 58 Workshops: (See Factories.) Wrought iron: (See Iron.) quality required 8 tensile resistance of 8 Yards in tenements: (See Tenement and Lodging Houses.) Yellow pine, carrying capacity or strength of 80 At