JUN 2° 1920
ACTS AMENDING THE HOUSING CODE
Acts NOS. 244 and 326 of the Public Acts of 1919.
t Printed by Authority
DENNIS E. ALWARD, Secretary of the Senate.
CHARLES S. PIERCE, Clerk of the House of Representatives.
SECTIONS OF HOUSING CODE AMENDED.
Sections 1, 3, 5 and 6 of Article I; sections 11, 12, 13, 18, 20, 22, 24, 25,
26, 27 and 29 of Article II, Title I; sections 32 and 35 of Article II,
Title II, and sections 38, 39, 42, 43, 45, 46 and 49 of Article II, Title III,
have been amended to read as follows:
ARTICLE I.
Section 1. Scope of the Act. This act shall be known as the Housing
Law of Michigan and shall apply to every city and organized village in
the State which, by the last regular or special federal census, had a
population of ten thousand or more, and to every such city or village
as its population shall reach ten thousand thereafter. In the case of
cities having a population of one hundred thousand or over, it shall also
apply to all that territory immediately adjacent and contiguous to the
boundaries of such city and extending for a radial distance of two miles
beyond such boundaries in all directions. In the case of such cities and
organized villages having a population of less than one hundred thousand,
it shall also apply to all that territory immediately adjacent and con-
tiguous to the boundaries of such city and village and extending for a
radial distance of one mile beyond such boundaries in all directions. All
the provisions of the act shall apply to all dwellings within the classes
defined in the following sections, except that in sections where specific
reference is made to one or more specific classes of dwellings, such pro-
visions shall apply only to those classes to which such specific reference is
made. All other provisions which relate to dwellings shall apply to all
classes of dwellings.
Section 3. Buildings Converted or Altered. A building not a dwell-
ing, if hereafter converted or altered to such use, shall thereupon become
subject to all the provisions of this act relative to dwellings hereafter
erected. A dwelling of one class if hereafter altered or converted to
another class shall thereupon become subject to all the provisions of
this act relative to such class: Provided, however, That in case of a
dwelling to be altered to a two-family or multiple dwelling where such
dwelling fails to comply in some few technical respects with the pro-
visions of sections twelve, thirteen, twenty, twenty-one and twenty-two
of title two, the head of the department charged with the enforcement
of this act may in his discretion grant a permit for the altering of such
dwelling: Provided, however, In his opinion the spirit of the law will
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be observed and no conditions injurious to health or safety will result
therefrom. In all such cases he shall file among the public records of
º, his department a statement in writing, duly signed by him, setting forth
in detail the respects in which such dwelling fails to conform with the
law and his reasons for granting such permit. -
Section 5. Dwellings Damaged. If a dwelling be damaged by fire
or other cause to the extent of one-half or more of its original value,
exclusive of the value of the foundations, such dwelling shall not be
repaired or rebuilt except in conformity with the provisions of this
act relative to dwellings hereafter erected, other than the provisions
thereof relative to rear and side yards.
Section 6. Dwellings Moved. If any dwelling be hereafter moved
from one lot to another it shall thereupon be made to conform to all the
provisions of this act relative to dwellings hereafter erected: Provided,
however, That in cases where such dwelling fails to conform in some few
technical respects with section twenty-one (rooms, size of) or section
twenty-two (rooms, height of) of title two, the head of the department
charged with the enforcement of this act, may in his discretion, grant
a permit for the moving of such dwelling: Provided, however, In his
opinion the spirit of the law will be observed and no condition injurious
to health or safety will result therefrom. In all such cases he shall file
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among the public records of his department a statement in writing duly
signed by him setting forth in detail the respects in which such dwelling
fails to conform to the law and his reason for granting such permit.
ARTICLE II.
Title I.
Section 11. Height. No dwelling hereafter erected shall exceed one
and one-half times the width of the widest street upon which it abuts
except that such provision shall not apply to any city having a Zoning
law which regulates the height of dwellings. Such width of street shall
be measured from the front line of the building as constructed to the
opposite street line. The provisions of this section shall not apply to
hotels.
Section 12. Yards. Immediately behind every dwelling hereafter
erected there shall be, except as hereinafter provided, a rear yard extend-
ing across the entire width of the lot. Such yard shall be at every point
open and unobstructed from the ground to the sky, except as hereinafter
provided. Every part of such yard shall be directly accessible from every
other part thereof. The depth of said yard shall be measured at right
: angles from the line of the extreme rear part of the dwelling. In the
* case of an interior lot the rear yard space shall in no case be less than -
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sixteen feet deep for a one-story dwelling, eighteen feet for a two-story
dwelling, twenty feet for a three-story dwelling, twenty-four feet for a
four-story dwelling, and shall be increased in depth by four feet for each
additional story of the dwelling above four stories, except that in case
there is a public alley in the rear of said lot upon which the lot abuts
for its full width, the measurement for yard space may be made to the
center of such alley. In the case of a corner lot abutting on two streets,
the rear yard space may be six feet less in depth than for interior lots.
In the case of corner lots abutting on three streets, the rear yard need not
extend across the full width of the lot only to its median line. The above
requirements for rear yards, however, may be decreased by one-half
provided that there is no room of the dwelling which receives its legal
light from such rear yard. In the case of buildings in which there are
dwellings and in which the lower stories are not occupied for dwelling
purposes, the yard may start at the level of the lowest dwelling story
served by such yard. Any portion of a corner lot distant more than one
hundred feet from the corner line shall be treated as an interior lot.
A front yard may be of any depth. The foregoing provisions of this
section shall not apply to hotels. -
Section 13. Side Yards. I)wellings hereafter erected may be built
up to the side lot line, if the side wall is without windows. If, however,
any side yard is left, it shall be at every point open and unobstructed from
the ground to the sky except that in the case of buildings in which
there are dwellings and in which the lower stories are not occupied for
dwelling purposes, the side yard may start at the level of the lowest
dwelling story served by such yard, and its width shall be proportionate
to the height of the dwelling and to the length of the side yard and no
side yard shall be less in width in any part than as follows:
(a) Multiple-Dwellings. In the case of all multiple dwellings here-
after erected, one story in height and having a side yard, the width of the
side yard measured to the side lot line shall be four feet, such side yard
shall be increased in width by one foot for each additional story above
the second, and shall be further increased in width by one foot for every
ten feet or fraction thereof that the length of the side yard is in excess
of sixty feet. •
(b) Private Dwellings and Two-Family Dwellings. In the case of
private dwellings and two-family dwellings hereafter erected and having
a side yard the width of the side yard measured to the side lot line shall
be one foot less than that provided for multiple dwellings. Dwellings
fronting on the same street and on a portion of a lot or plot without side
lines of record shall be built having a space twice the width required
above between them. . - .
(c) The above minimum widths for side yards, as specified for each
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story for dwellings sixty feet in length, may be observed for any length
of side yard provided that at least every sixty feet there shall be a court
of dimensions required for inner courts.
Section 16. Air Intakes. In all dwellings hereafter erected every
inner court extending through more than two stories shall be provided
with a horizontal air intake at the bottom. Such intake shall always
communicate directly with the street or front yard or with the rear yard,
and shall consist of a passageway not less than three feet wide and seven
feet high, which shall be left open, or be provided with an open gate
at each end. •
Section 18. Buildings on the Same Lot with a Dwelling. If any
building is hereafter placed on the same lot with a dwelling, there shall
always be maintained between the said buildings an open and unoccupied
space extending upwards from the ground. If such buildings are placed
at the side of each other the space between them shall conform to the
provisions of section thirteen of this act relating to side yards, but shall
be twice the minimum therein required. If such buildings are placed one
at the rear of the other the space between them shall be the same as
that prescribed in section twelve for rear yards. In all cases the height
of the highest building on the lot shall regulate the dimensions. No
building of any kind shall be hereafter placed upon the same lot with a
dwelling so as to decrease the minimum sizes of courts or yards as herein-
before prescribed. A private garage or private stable may be built at the
rear of a lot on which there is a dwelling at the front. Such garage or
stable shall not exceed two stories in height, and may have living rooms
therein for the use solely of a household employe, or member of his
family, of the occupant of the dwelling on the front of the lot. If so
occupied, the garage or stable in addition to complying with the pro-
visions of this act shall have an entrance from the outside of the building
without passing through the garage or stable. In the case of such garages
which do not exceed one story in height, the depth of the rear yard shall
be measured to the middle line of the alley or to the rear lot line, as
the case may be, as provided in section twelve, but no such garage shall
in any case approach nearer to the rear wall of the dwelling than ten
feet, and there shall be provided a clear and unobstructed passageway
not less than three feet wide extending from the yard to the alley. In
all other cases the rear yard shall be measured from the rear wall of the
dwelling to the nearest wall of the building at the rear of the lot. If
any dwelling is hereafter erected upon any lot upon which there is
already another building, it shall comply with the provisions of this act,
and in addition the space between the said building and the said dwelling
shall be of such size and arranged in such manner as is prescribed in this
section, the height of the highest building on the lot to regulate the
dimensions.
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Section 20. Windows in Rooms. In every dwelling hereafter erected
every room shall have at least one window, or windows, equal to one-
eighth of the superficial floor area of the room, which shall open upon a
street or public alley or other public place at least ten feet wide, or
upon a yard or court of the dimensions required by this article and
located on the same lot: Provided, If the alley or public space does not
equal the yard space required, sufficient space shall be left open to make
the alley or public space equal to this required yard. At least one such
window shall be not less between stop beads than ten square feet for
living rooms, eight square feet for bedrooms, kitchens or dining rooms
and six square feet for bathrooms and rooms with water-closets, and,
four square feet for toilet rooms in basement. In multiple dwellings
the top of one window in each room shall be not less than seven feet six
inches above the floor. A sash door having the glass area required for a
window shall be deemed the equivalent of a window.
Section 22. Rooms, Height of. In every dwelling hereafter erected,
every room shall be of the following specified height: In private dwell-
ings no room on the first floor shall be less in height in any part between
the finished floor and the finished ceiling than eight feet, and no room on
the second floor shall be less in height in any part between the finished
floor and the finished ceiling than seven feet six inches. In two-family
dwellings no room shall be less in height in any part between the finished
floor and the finished ceiling than eight feet. No room in a multiple
dwelling hereafter erected shall be less in height in any part from the
finished floor to the finished ceiling than eight feet six inches: Provided,
however, That an attic room need be but seven feet six inches in height
in but one-half its area provided that such room shall have a floor area
of not less than one hundred square feet and is at no point less than five
feet in height.
Section 24. Privacy. In every dwelling hereafter erected, access to
every living room and to every bedroom shall be had without passing
through a bedroom. Access to water-closets must be possible from all
bedrooms without passing through another bedroom or room used as a
bedroom.
Section 25. Water-Closet Compartments and Bathrooms, Lighting
and Ventilation of. In every dwelling hereafter erected, every water-
closet compartment and bathroom shall have at least one window open-
ing directly upon the street, or upon a yard or court of dimensions
specified in this ricle; or if located immediately beneath a roof, a venti-
lating skylight, Open to the sky with an opening not less than six square
feet in area in each toilet, may be used in lieu of the windows required
by this section. No such window shall be less in size than three square
feet between the stop beads, and the aggregate area of windows for each
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water-closet compartment shall be not less than six square feet between
stop beads. Every such window shall be made so as to open in all its
parts. Nothing in this section contained shall be construed so as to
prohibit a general toilet room containing several water-closet compart-
ments separate from each other by dwarf partitions: Provided, Such
toilet room is adequately lighted and ventilated to the Outer air as above
provided, and that such wtaer-closets are supplemental to the water-closet
accommodations required by the provisions of section thirty-five. The
above provisions shall not apply to multiple dwellings of class A or B.
eight or more stories in height or to hotels that have a system of forced
ventilation so constructed as entirely to change the air in every bathroom,
toilet room or water-closet compartment every seven minutes.
Section 26. Public Halls. In every multiple dwelling hereafter
erected every public hall shall have at each story at least one window
opening directly upon the street or upon a yard or court of the dimen-
sions specified in this article and located on the same lot. Any part of
a public hall which is offset or recessed more than twice its width or is
shut off from any other part of said hall, shall be deemed a separate hall
within the meaning of this section, and shall be separately lighted and
ventilated. Window in the top story of stair halls may be omitted, pro-
vided there is placed above, a skylight with not less than twenty square
feet of glazed area and ridge ventilators having a minimum opening of
forty square inches.
Section 27. Windows and Skylights for Public Halls. In multiple
dwellings, three or more stories in height, hereafter erected, one at least
of the windows provided to light each public hall or part thereof shall
have at least twelve square feet of glazed area. In every multiple dwell-
ing hereafter erected there shall be in the roof directly over each stairwell,
a skylight provided with ventilators having a minimum opening of forty
square inches, or such skylight shall be provided with fixed or movable
louvres.
Section 29. Outside Porches. In multiple dwellings hereafter erected
outside porches shall not be so located as to interfere with or diminish
the light or ventilation required by this act, except unenclosed outside
porches for service stairs only may be erected provided they are not more
than seven feet wide or more than twenty feet long and do not cover
more than one room in each apartment. In private and two-family
dwellings hereafter erected, outside porches or sun parlors may be built
covering windows of not more than two rooms provided the window area
of the rooms so covered is made equal to one-fourth the floor area. The
term “outside porches” shall include outside platforms, balconies and
stairways. All such outside porches shall be considered as part of the
building, and not as part of the yards or courts or other unoccupied area.
ARTICLE II.
Title II.
Section 32. Cellars, Water-proofing and Lighting. Eyery dwelling
hereafter erected shall have a basement, cellar or excavated space under
the entire entrance floor, at least three feet in depth, or shall be elevated
above the ground so that there will be a clear air space of at least twenty-
four inches between the top of the ground and the bottom of said floor
so as to insure ventilation and protection from dampness. Such space
shall in all cases be enclosed but provided with ample ventilation and
properly drained. Every dwelling hereafter erected shall have all walls
below the ground level and also the cellar or lowest floor damp-proof
and water-proof. When necessary to make such walls and floors damp-
proof and water-proof, the damp-proofing and water-proofing shall run
through the walls and up the same as high as the ground level and shall
be continued throughout the floor, and the said cellar or lowest floor
shall be properly constructed so as to prevent dampness or water from
entering. Nothing in this section contained shall be construed so as to
prohibit the first or entrance floor of a building being built directly on
the ground: Provided, That all precautions and necessary measures
are taken to protect such floor and the apartments located thereon from
dampness as in this section provided. All cellars and basements in
dwellings hereafter erected shall be properly lighted and ventilated.
Section 35. Water-Closet Accommodations. In every dwelling here-
after erected there shall be a separate water-closet. Each such water-
closet shall be placed in a compartment completely separated from every
Other water-closet; such compartment shall be not less than three feet
wide, and shall be enclosed with partitions which shall extend to the
ceiling. Every such compartment shall have a window opening directly
upon the street or upon a yard or court of the minimum sizes prescribed
by this act and located upon the same lot. Nothing in this section
contained shall be construed so as to prohibit a general toilet room
containing several water-closet compartments separated from each other
by dwarf partitions, provided such toilet room is adequately lighted and
ventilated to the outer air as above provided, and that such water-closets
are supplemental to the water-closet accommodations required by other
provisions of this section for the tenants of the said house. No drip
trays shall be permitted on any water-closet. No water-closet fixture
shall be encased with any woodwork. No water-closet shall be placed
out of doors. No water-closet shall be placed in a cellar except with
Written permit from the health officer unless it is an extra water-closet
in a private dwelling and is well lighted and ventilated by a window to
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the outer air. In two-family dwellings and in multiple dwellings of
class A hereafter erected there shall be for each family a separate water-
closet constructed and arranged as above provided and located within
each apartment, suite or group of rooms. In multiple dwellings of
class B hereafter erected there shall be provided at least one water-closet
for every fifteen occupants or fraction thereof. Every water-closet com-
partment hereafter placed in any dwelling shall be provided with proper
means of lighting the same at night. In two-family and multiple dwell-
ings the floor of every such water-closet compartment shall be made
water-proof with asphalt, tile, stone, terrazzo or some other non-absorbent
water-proof material; and such water-proofing shall extend at least two
inches above the floor so that the said floor can be washed or flushed
out without leaking.
ARTICLE II.
Title III.
Section 38. Fireproof Dwelling, When Required. No dwelling shall
hereafter be erected exceeding four stories in height, unless it shall be a
fireproof dwelling; the building, however, may step up to follow the
street grade, provided no part of it is over four stories in height: And
provided further, That all dwellings over two stories in height not of
fireproof construction shall have walls and ceilings covered with sheet
metal lath. Cement plaster shall be used in such cases
Section 39. Means of Egress. Every multiple dwelling exceeding
one story in height shall have at least two independent ways of egress.
One of such ways of egress shall be a flight of stairs as called for in
sections forty-two, forty-three, forty-four and forty-five of this act.
For class A multiple dwellings there shall be a second way of egress
directly accessible to each apartment, group or suite of rooms without
having to pass through the first way of egress.
I'or class B multiple dwellings the second way of egress shall be
directly accessible from a public hall. The second way of egress may be
any of the following:
1. A system of outside balcony fire escapes;
2. An additional flight of stairs, either inside or outside;
3. A fire tower, located, constructed and arranged as may be required
by the superintendent of buildings. e
- Section 42. Stairs. All multiple dwellings more than one story in
height shall have at least one flight of stairs extending from the entrance
floor to the roof except as otherwise herein provided and the stairs and
public halls therein shall be at least three feet wide in the clear. The
treads of such stairs shall be not less than ten inches and the risers not
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more than eight inches. No winders shall be used unless they measure
not less than eight inches at a point one foot from center of rail or newel
and not more than twelve inches at a point two feet from center of rail
or newel. No closet of any kind shall be constructed under any stairs.
Exception 1. Two-story multiple dwellings may have a stairway to the
roof omitted, provided there is metal covered bulkhead or scuttle not
less than two feet by three feet in size, located in the ceiling of the public
hall and provided with a stair or ladder leading direct to roof.
Exception 2. Two and three-story multiple dwellings may have the
stairway to the roof omitted, provided the roof is a pitched roof and
provided the stairway leading to the topmost floor has a window or
dormer, with a sash not less than two feet by three feet, affording direct
access to roof.
Section 43. Stair Halls. In multiple dwellings hereafter erected
which exceed four stories in height or which are occupied by more than
two families ou any floor above the second floor, the stair halls shall be
constructed of fireproof material not less than six inches thick on a
foundation at least eight inches thick. The floor of all such stair halls
shall be constructed of iron, steel or concrete beams and fireproof filling,
and no wooden floorings or sleepers shall be permitted. In multiple
dwellings hereafter erected which exceed two stories in height, at least
one flight of stairs shall be enclosed in fireproof walls from the cellar
to the roof.
Section 45. Entrance Eſalls. In multiple dwellings occupied by more
than eight families or having twenty-four sleeping rooms above the first
story, the entrance halls shall not be less than four feet wide in the
clear, with doors not less than three feet and for dwellings over four
stories high shall be not less than five feet wide with doors not less
than three feet. &
Section 46. Dumb-waiters and Elevators. In all multiple dwellings
all dumb-waiters and elevators shall be enclosed in fireproof shafts with
fire doors at all openings and in the case of dumb-waiters such doors
shall be self-closing. All clothes chutes for multiple dwellings shall be
metal lined and closed off at the top and bottom.
Section 49. Cellar Entrance. All multiple dwellings shall have an
entrance direct to the cellar or lowest story from the outside of the
building.
This act is Ordered to take immediate effect.