NEW" ,:N -Mi.--.-: CODE OF ORDINANCES OF THE CITY OF NEW YORK M INCLUDING THE SANITARY CODE, THE BUILDING CODE AND PARK REGULATIONS ADOPTED JUNE 20, 1916 WITH ALL AMENDMENTS TO JANUARY 1, 1922 COMPILED AND ANNOTATED BY ARTHUR F. COSBY FORMERLY ASSISTANT CORPORATION COUNSEL THE BANKS LAW PUBLISHING COMPANY 23 PARK PLACE, NEW YORK 1922 - ' COPYRIGHT, 1907, 1908, 1909, 1910, 1911, 1912, 1913, 1914, 1915, 1916, 1917, 1918, 1919, 1920, 1921, 1922. BY THE BANKS LAW PUBLISHING COMPANY. CODE OF ORDINANCES OF THE CITY OF NEW YORK AN ORDINANCE constituting the Code of Ordinances of the City of New York BE IT ORDAINED by the Board of Aldermen of the City of New York as follows: Sec. 1. The following shall constitute THE CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 1 GENERAL PROVISIONS PAGE Article 1. Definitions 8-9 2. Miscellaneous regulations 9-13 CHAPTER 2 ADMINISTRATIVE PROVISIONS Article 1. City debt and sinking funds 14-17 2. Contracts 17-22 3. Real estate 22-24 4. The mayor 24 5. The president of the board of aldermen 24 6. The comptroller. 25 7. The borough presidents 25-26 8. Corporation counsel 26 9. City marshals 26-27 10. City surveyors 27-28 11. Public administrator 28 12. Public employment bureau 29 13. Taxes and assessments 29-30 14. Miscellaneous regulations 30 469l> 2 COD*? OF ORDINANCES OP THE CITY OP NEW YORK CHAPTER 3 AMUSEMENTS AND EXHIBITIONS PAGE Article. 1. General provisions 32-38 2. Motion-picture exhibitions 38-43 3. Common shows 44 JOY CHAPTER * BRIDGES Article 1. General provisions -. 46-47 CHAPTER 5 BUILDING CODE Article 1. General provisions 49-55 2. Materials 55-58 3. Working stresses and loads 58-63 4. Classification of buildings 64-66 5. Restricted areas 66-73 6. Height, size and arrangement 73 7. Light and ventilation 73-75 8. Exit facilities 76-82 9. Projections beyond building line 82-84 10. Safeguards during construction 84-87 11. Partition fences and walls 87-88 12. Excavations and foundations 89-94 13. Masonry construction 94-100 14. Wood construction 100-102 15. Iron and steel construction 102-106 16. Reinforced concrete construction 106-109 17. Fireproof construction 110-116 18. Safeguards against the spread of fire 116-122 19. Chimneys and heating apparatus 122-129 20. Roofing and roof structures 129-132 21. Miscellaneous requirements 132-133 22. Frame buildings 133-136 23. Buildings of a public character 136-137 24. Motion-picture theatres 137-141 25. Theatres and other places of amusement 141-150 26. 27. Elevators 150-153 28. Fire extinguishing appliances 153-154 29. Plumbing and other systems of piping 154-156 30. Altering, changing or demolishing buildings 156 31. Unsafe buildings and collapsed structures 156-161 32. Enforcement of chapter 161-167 CODE OF ORDINANCES OF THE CITY OF NEW YORK 3 CHAPTER 6 CHARITIES PAGE Article 1. Inmates of public institutions 168-169 CHAPTER 7 CORRECTIONS Article 1. Inmates of correctional institutions 170-172 CHAPTER 8 DOCKS, FERRIES AND HARBOR CONTROL Article 1. General provisions 173 2. Apportionment of wharf property 173-176 3. Buildings and structures on wharf property. . . . 176-178 4. Maintenance of wharf property 178-181 5. Discharge and storage of cargoes 181-182 6. Wharfage rates 182-185 7. Ferries 185 8. Protection of navigation 185-186 CHAPTER 9 ELECTRICAL CONTROL Article 1. General provisions 187-191 2. Generators, motors, switchboards 191-197 3. Outside work 197-200 4. Inside work 200-229 5. Fittings, materials and details of construction . . . 229-258 6. Miscellaneous 258-262 7. Violations . . ..... 262 CHAPTER 10 EXPLOSIVES AND HAZARDOUS TRADES Regulations of the Municipal Explosives Commission Article 1. General provisions 263-268 2. Certificates and permits 268-270 3. Bonds and fees 270-275 4. Manufacture, storage, sale, transportation and use of explosives 275-284 5. Ammunition 285-286 6. Fireworks 286-290 7. Matches 290-291 4 CODE OF ORDINANCES OP THE CITY OF NEW tOBK PAGE Article 8. Mineral oils 291-295 9. Inflammable mixtures 296-299 10. Combustible mixtures 299-300 11. Garages , . .300-304 12. Motor vehicle repair shops 304 13. Dry cleaning and dry dyeing establishments ..... 305-307 14. Motor cycle repair shops and storage plants. . . . 307-308 15. Paints, varnishes and lacquers 308 16. Calcium carbide 308 17. Gases under pressure 309-313 18. Refrigerating plants 314-315 19. Nitro-cellulose -. . .315-316 20. Inflammable motion-picture films 317-318 21. Distilled liquors and alcohols 318 22. Oils and fats 318-319 23. Technical establishments 319 24. Wholesale drug stores and drug and chemical supply houses 320-325 25. Retail drug stores 325-327 26. Miscellaneous 328 CHAPTER 11 FIRE-ARMS Article 1. General provisions 329-331 CHAPTER 12 FIRES AND FIRE PREVENTION Article 1. Fire extinction 332-335 2. Fire prevention 335-339 CHAPTER 13 HOSPITALS Article 1. General provisions 340 CHAPTER 14 LICENSES Article 1. General provisions 341-344 2. Billiard and pool tables 344 3. Bowling alleys 344 4. Dealers in second-hand articles 345-348 5. Dirt carts 348 6. Express and expressmen 348-349 7. Exterior hoists 349 8. Hacks, cabs and taxicabs 350-360 CODE OP ORDINANCES OF THE CITY OF NEW YORK 5 PAGE Article 9. Junk dealers 360-362 9a. Pawnbrokers 362 10. Peddlers, hawkers and venders 363-364 11. Public carts and cartmen 364-366 12. Public porters 366-367 13. Shooting galleries 368 14. Street musicians 368-369 16. Massage Institutes 369 16. Lessees of tenements 370 17. Bathing establishments and bath-house keepers. . 370-371 18. Soliciting contributions in public 371 CHAPTER 15 MARKETS Article 1. General provisions 372-373 2. Location and designation of public markets 373-379 3. Farmers and market gardeners 379-380 4. Manufacture and sale of ice 380-383 CHAPTER 16 MUNICIPAL CIVIL SERVICE Article 1. General provisions 384-385 2. Special provisions 385 CHAPTER 17 PARKS, PARKWAYS AND PARK-STREETS (Regulations of the Park Board) Article 1. General provisions 386-389 2. Traffic regulations 390-394 3. Projections upon parks, parkways or park streets. . 394-397 4. Miscellaneous 397-398 CHAPTER 18 POLICE AND FIRE Article 1. Boiler inspection 399 . 2. Uniformed force 399-400 CHAPTER 19 RAILROADS Article 1. Elevated railroads 401-402 2. Street railroads 402^03 3. Trunk line railroads 403-404 b CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 20 PAGE SANITARY CODE .405-485 CHAPTER 21 SEWERS AND DRAINS Article 1. General provisions 486 2. Construction 486-488 3. Maintenance 488-489 CHAPTER 22 STREET CLEANING Article 1. General provisions 490 2. Refuse and rubbish 490-492 3. Snow and ice . . . 492-495 CHAPTER 23 STREETS Article 1. General provisions 496-498 2. Advertisements, placards and posters 498 3. Assemblies 498-499 4. Auctions and other sales 499-500 5. Awnings 500 6. Boundaries and monuments 501-502 7. Construction and repair 502-504 8. Disturbance of surface 504 9. Excavations. . . .' 505-509 10. House numbering 509-510 11. Lights 510 12. Noises 511-513 13. Obstructions and incumbrances 513-525 14. Projections and encroachments 525-528 15. Sidewalks 528-531 16. Signs and show-bills 531-537 17. Vaults 537-540 18. Miscellaneous 540 19. Laying and installation of pipes, main and con- duits 541 CHAPTER 24 TRAFFIC REGULATIONS Article 1. General provisions 542 2. Rules of the road .542-551 3. Miscellaneous regulations 551-555 CODE OP ORDINANCES 'OF TBE CITY^ OF "rTFW YO>tK 7 CHAPTER 25 WATER SUPPLYS PAGE Article 1. Construction and maintenance 556-557 2. Rents and charges 557-560 3. Use of water 560-561 CHAPTER 26 WEIGHTS AND MEASURES Article 1. Bureau of weights and measures 562 2. Regulation of weights and measures 563-566 3. Standards for various commodities 566-569 CHAPTER 27 MISCELLANEOUS 570-574 CHAPTER 28 REPEAL 575-578 By section 41 of the Greater New York Charter (L. 1897. chap. 378), all ordi- nances of the local boroughs in the City of New York, when not inconsistent with the charter, were continued in force. But the Board of Aldermen was given full power and authority to pass ordinances governing all the boroughs by sections 42, 44, 49, 50 and 51, and to modify, amend or repeal any ordinances of the local bor- oughs. This code repeals all special and village laws heretofore still in force in the Greater New York and makes all ordinances general throughout the city. These general powers were continued by the revision of 1901 (L. 1901, chap. 466). The revised charter (sec. 57) requires an annual compilation by the Board of Alder- men on. January first of the general ordinances in force. It is in pursuance of this section this code was prepared. b CODE OF^QPpINANCES OF THE CITY OF NEW YORK , CHAPTER 1 General Provisions Article 1. Definitions. 2. Miscellaneous regulations. ARTICLE 1 DEFINITIONS Sec. 1. Definitions. SEC. 1. Definitions. Unless otherwise expressly stated, whenever used in this ordinance the following terms shall respectively be deemed to mean: Alderman, a member of the board of aldermen; 2. Board of estimate, the board of estimate and apportionment; 3. Bureau, board, office, commission, department or commissioner, the bureau, board, office, commission, department or commissioner to which or to whom the section, article or chapter, in which the term is used, relates; 4. Charter, the Greater New York Charter; 5. City, the city of New York as constituted by the charter; 6. Code of ordinances, the code of ordinances of the city; 7. County, a county wholly included within the city; 8. Day, a calendar day exclusive of Sundays and full legal holi- days; 9. Department, includes each bureau and division of the depart- ment; 10. Employee, any person whose salary or compensation is paid out of the city treasury, other than an officer designated as such by ordinance or statute; 11. Local improvement, an improvement the expense of which is assessed, in whole or in part, upon the property deemed benefited; 12. Park, includes parkway; 13. Person, a natural person, corporation, association, joint-stock association, firm and copartnership; 14. Port of New York, the public waters embraced within, ad- jacent to or opposite the shores of the city and over which the state of New York has jurisdiction; 15. Public property, any property rights and interests owned by the city as well as all "streets," "parks," "water front property, ' and public places and waters within or belonging to the city; 16. Real property, any lands, lands under water, water front property, the water of any lake, pond or stream; all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal and equitable, in lands or water, and any right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise; 17. Sewer, a sewer, drainage canal, drain and sewage disposal work; GENERAL PROVISIONS 9 18. Street, any street, avenue, road, alley, lane, highway, boule- vard, concourse, driveway, culvert, sidewalk and crosswalk, every class of public road, square and place, except marginal wharf; 19. Street purposes, the purposes of a street, park, bridge or tunnel or approach to either, except marginal wharf; 20. Vessel, a lighter, tender or other boat or ship, whatever its means of propulsion; 21. Water front property, any wharf, marginal wharf, pier, dock, ferry terminal, bulkhead, slip or basin, and all structures thereon, and the land under water beneath the same, and lands under water below high-water mark, and all easements appurtenant thereto, and upland and made land adjacent to such wharf, pier, dock, bulk- head, slip, basin and lands under water, jurisdiction over which is possessed by or may be assigned to the department of docks and ferries by the sinking fund commission, together with the easements, uses, reversions and appurtenances belonging to the same; except- ing therefrom such upland or made-land as constitutes a street, the driveway authorized by chapter 102 of the laws of 1893 and acts amending the same, and such lands as have been or shall be acquired for public parks; 22. Water rents, the expense of meters, with their installation, connections, setting and maintenance, and all rents, rates and other charges for water supply, and all fines and penalties imposed for violations of laws or ordinances relating to water supply ; 23. Water supply purposes, the purposes of maintaining, preserv- ing and increasing the city's water supply and preventing its con- tamination or pollution. ARTICLE 2 MISCELLANEOUS REGULATIONS Sec. 2. City seal. 3. Official city flag. 4. Mayor's flag. 4a. Aldermanic flag. 5. Flags and decorations on city hall. 6. Publication of general ordinances. 7. Designation of acting head of department. 8. Office hours. 9. Meetings of boards. 10. Municipal reference library to have reports, etc. 11. Sales of waste material. Sec. 2. City seal. a. Description. The corporate seal of The City of New York, as adopted by the common council on July 24, 1686, with the alteration adopted by the common council on March 16, 1784, is hereby re-established, and the following device is hereby adopted as the device of said seal, to wit: Arms: Upon a shield, saltire-wise, the sails of a windmill. Between the sails, in chief a beaver, in base a beaver, and on each flank a flour barrel; Supporters: Dexter, a sailor, his right arm bent, and holding in his right hand a plummet; his left arm bent, his left hand resting on 10 :COf)V ^?F- O*RtfiNAi^ES' OF THE* CITY OF NEW YORK the top of the shield; above his right shoulder a cross-staff. Sinister, an Indian of Manhattan, his right arm bent, his right hand resting on the top of the shield, his left hand holding the upper end of a bow, the lower end of which rests on the ground. Shield and sup- porters resting upon a horizontal laurel branch; Date: Beneath the horizontal laurel branch the date 1664, being the year of the capture of New Amsterdam by the English and the first use of the name of the City of New York ; Crest: Upon a hemisphere, an American eagle with wings dis- played; Legend: Upon a ribbon encircling the lower half of the design the words " Sigillum Civitatis Novi Eboraci"; The whole encircled by a laurel wreath. b. Design. The following design is hereby adopted as the official and standard design of such corporate seal: c. Execution and custody of. The city clerk shall cause to be executed and cast in bronze a model of the foregoing design as the standard corporate seal of the city and shall keep the same in his custody. The city clerk shall also cause the said design to be en- GENERAL PROVISIONS 11 graved in accurate conformity therewith upon metal as the seal of the city and shall keep and affix the same, as provided in 31 of the charter; and he shall also provide in the same manner for all other officers of the city who are required or authorized by law to have or use the corporate seal of the city. d. Date of effect and use of. On and after June 24, 1915, the said seal shall be used for all requisite purposes and all representations of the seal of the city impressed or printed on and after said date on documents, publications or stationery issued or used by or in the name or under the authority of the city or of any borough or depart- ment thereof, or carved, or otherwise represented on buildings or structures owned by the city; or otherwise officially portrayed shall be in exact conformity with the aforesaid standard design without alteration or addition, except that the legend "Sigillum Civitatis Novi Eboraci" may be omitted when the design is used on the city flag or for architectural or ornamental purposes. The seals now in use by the city clerk and by any other city officers shall be defaced and cancelled on said date by the city clerk and shall remain in his custody. Any representation of the City seal used on any vehicle other than one owned or used by the City, shall subject the owner of such vehicle to a fine of $25 or by imprisonment for a term not exceeding 10 days. (Adopted March 8, 1921, approved March 14, 1921.) 3. Official city flag. The following design is hereby adopted as the design of the official flag of the city and as a substitute for the flag now in use, to wit: A flag combining the colors orange, white and blue, arranged in perpendicular bars of equal dimensions (the blue being nearest to the flagstaff) with the standard design of the seal of the city in blue upon the middle, or. white bar, omitting the legend "Sigillum Civi- tatis Novi Eboraci," which said colors shall be the same as those of the flag of the United Netherlands in use in the year 1626. And the American flag shall be displayed on all city-owned or other buildings occupied by any city department or institution of whatever character on all days of the year, excepting Sundays. (Amend, app. February 27, 1917.) 4. Mayor's flag. The official flag of the mayor shall be the same in design as the official flag of the city, except that upon the middle or white bar there shall be above the design of the seal in a semi- circle, five blue-pointed stars, typifying the five boroughs of the city; the dimensions of such flag shall be thirty-three inches by forty-four inches. (Amend, app. May 1, 1915.) 4a. Aldermanic flag. The official flag of the board of alder- men shall be the same in design as the official flag of the city, ex- cept that upon the middle or white bar there shall be below the design of the seal, in a straight line, the words "Board of Alder- men"; the dimensions of such flag shall be the same as the standard size of flags used for state and parade occasions. (Approved Nov. 8, 1918.) 5. Flags and decorations on city hatt. All power and authority to display flags or other decorations on, in or about the city hall, or other public buildings within the City Hall park, is hereby vested in the mayor, unless otherwise ordered by the board of aldermen, 12 CODE OP ORDINANCES OF THE CITY OF NEW YORK by a vote of a majority of all the members elected to the board. (Amend, app. May 1, 1915.) The section numbers of this article were renumbered as above by the amend- ment approved May 1, 1915. 6. Publication of general ordinances. 1. Proposed ordinances. The clerk of the board of aldermen shall have printed, within 4 days after the introduction thereof, 500 copies of each proposed ordinance which adds to, amends, alters or repeals any provision of the code of ordinances. All ordinances amending or repealing any existing law or ordinance shall, when printed, contain in brackets the parts re- pealed, and all new matter shall be printed in italics. Each ordi- nance, printed in accordance with the provisions of this subdivision, shall bear the name of the introducer and its introductory number, and a brief statement of the disposition made thereof upon its intro- duction. A copy of each ordinance, printed in accordance with the provisions hereof, shall be delivered or mailed by the city clerk to the head of every department and bureau in the city. The remaining copies shall be retained by him for distribution, within his discretion, to persons desiring the same; provided, however, that he shall always retain at least 50 copies until such time as the ordinance shall have taken effect, or the term of the members of the board, during which it was introduced, shall have expired. (Ord. Nov. 11, 1913; revised.) 2. Adopted and approved ordinances. The clerk of the board Of aldermen shall cause 300 copies of each general ordinance to be published in separate leaflet form, consecutively numbered and paged in the form and style of the Session Laws of the State of New York, within 10 days after its approval by the mayor, or upon its taking effect without his approval or disapproval, or after reconsid- eration and readoption by the board of aldermen subsequent to his disapproval thereof, as provided by section 40 of the charter, as amended and supplemented, except that, if an ordinance shall be of such a nature that demand for copies may be in excess of 300 the clerk may, by requisition on the Supervisor of the City Record, apply for more copies than herein provided. Adopted July 10, 1917. Became effective September 18, 1917. 7. Designation of acting head of a department. The mayor is authorized to designate some senior officer in any department or bureau, to serve as the acting commissioner or chief of the depart- ment or bureau when the commissioner or chief thereof is absent from the city, or sick, for more than 10 consecutive days; provided such commissioner or chief of department or bureau is not authorized by law to designate any subordinate to act in his place, or, if so authorized, has failed to make such designation. The mayor may authorize any acting commissioner or chief of bureau to make ap- pointments or removals during the term of his designation, which shall not exceed 30 days and may be revoked at any time by the mayor. Where a bond is required by law from the commissioner or chief of bureau, a similar bond shall be given by the acting com- missioner or chief of bureau, designated pursuant to the authority conferred by this section. (Ord. Nov. 19, 1913; revised.) 8. Office hours. Except as herein otherwise provided, the office hours for all public offices of the city, and of all county offices within the city, unless otherwise fixed by law, shall be from 9 o'clock a. m. GENERAL PROVISIONS 13 to 5 o'clock p. m.; provided, however, that the head of a city office or department, or a county officer who comes \\ithin the foregoing provision of this section, may adopt a rule that his office shall be closed to the public at 4 p. m. when in his judgment the period be- tween the hours of 4 p. m. and 5 p. m. is required for the perform- ance of the work of his office. During the months of July and August the office hours of such offices shall be, if the head of the office or department in his discretion so orders, from 9 o'clock a. m. to 4 o'clock p. m. The foregoing provisions shall be subject to the quali- fication that on Saturdays the office hours of such office shall be from 9 o'clock a, m. to 12 o'clock noon. (C. O. 489 as amend.) 9. Meetings of boards. All meetings of boards or commissions, constituting departments of the government of the city, shall be held openly, and shall in all cases be accessible to the public. They shall be held at such times and places as the board or commission may determine, and due notice thereof shall be published daily in the City Record. (C. O., 488.) 10. Municipal reference library, to have official reports, etc. The head of each department, bureau, board, commission or office of the city shall transmit to the municipal reference branch of the New York Public Library, in the municipal building in the borough of Manhattan, 4 copies of each annual or quarterly report or other publication of such department, bureau, board, commission or office, immediately after the same shall have been issued. (New.) 11. Sales of waste material. All old and waste material, under the care of any department, shall be sold from time to time as may be deemed best for the public interest, in accordance with law. Any such sale shall be conducted under the immediate supervision of the head of the bureau having charge of the material to be sold and the proceeds thereof shall be collected by him and transmitted, within 24 hours, to the head of the department for deposit in the city treasury, except as otherwise specially provided by law or ordinance. (C. O., 490, revised.) 14 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 2 Administrative Provisions Article 1. City debt and sinking funds. 2. Contracts. 3. Real estate. 4. The mayor. 5. The president of the board of aldermen. 6. The comptroller 7. The borough presidents. 8. Corporation counsel. 9. City marshals. 10. City surveyors. 11. Public administrator. 12. Public employment bureau. 13. Taxes and assessments. 14. Miscellaneous regulations. ARTICLE 1 CITY DEBT AND SINKING FUNDS Sec. 1. Definitions; saving clause. 2. Assessment bonds. 3. Board of commissioners of the sinking fund; quorum. 4. Sinking Fund of the City of New York for the Redemption of the City Debt; sources of income. 5. Sinking Fund of the City of New York for the Payment of Interest. 6. Collection of income of sinking funds. 7. Bonds and mortgages due the city; duties of comptroller. 8. Investment of moneys of the sinking fund for redemption of the city debt. 9. Record of proceedings of the board; report to board of aldermen. Sec. 1. Definitions; saving clause. The term city debt and city stock used in this article shall be construed to mean any bonds or stocks, or notes issued in anticipation of the issue of bonds or stock, created by the former corporation of the City of New York, or by the city as constituted by the charter. Nothing in this article shall be so construed as to impair or affect any pledge heretofore made, and now existing, of any property or its proceeds, embraced in any ordinance relating to the city debt. (C. O. 70, with subd. 10, 54.) 2. Assessment bonds. The comptroller shall keep an account of all assessment bonds issued by him, specifying the particular work on account of which the same shall have been issued; and all moneys collected on account of any work for the payment of which said bonds were issued shall be applied to the payment of such, bonds. (C. Q. 524, revised.) ADMINISTRATIVE PROVISIONS 15 3. Board of commissioners of the sinking fund; quorum. Any four or more of the members of the board of commissioners of the sinking fund, as constituted by the charter, of whom the comptroller shall be one, shall be and are hereby authorized to discharge the trusts and duties vested in them by this article. (C. O. 56, re- vised.) 4. Sinking Fund of the City of New York for the Redemption of the City Debt; sources of income. All moneys heretofore received and hereafter to be received from the following sources are hereby pledged and appropriated to and shall constitute and form a fund called the Sinking Fund of the City of New York for the Redemption of the City Debt, until the whole of the stocks of the city shall be finally and fully redeemed, namely: 1. For commutation of quit-rents on grants; 2. For quit-rents arising from such grants as were issued prior to the year 1804; 3. The net proceeds of all sales of real estate belonging to the city, except when the same are made payable to a fund, the purpose of which is restricted to the purchase of other real estate, as provided by the charter; 4. The net proceeds of all bonds and mortgages payable to the city when collected, except when the said bonds and mortgages are part of the proceeds of the sale of real estate and the proceeds thereof are deposited in a fund, the purpose of which is restricted to the purchase of other real estate, as provided by the charter; 5. For licenses to pawnbrokers and dealers in the purchase or sale of secondhand furniture, metals or clothes; 6. For public hack licenses and compensation paid on account of street vaults; 7. For exclusive occupation of private wharves, basins and piers; 8. For market fees and market rents; 9. All such other sources of revenue or sums of money as the board of estimate and the board of aldermen may appropriate to said fund. The revenues herein assigned for the redemption of the city debt shall be kept distinct from all other revenues payable to the board of commissioners. (C. O. 53 revised, and 65.) 5. Sinking Fund of the City of New York for the Payment of Interest. All moneys hereafter to be received from the following sources are pledged, appropriated and are to be applied to and con- stitute and form a fund to be called "The Sinking Fund of the City of New York for the Payment of Interest Accruing and to Accrue Upon the Stocks of the City of New York," until the same shall be fully and finally redeemed, namely: 1. For interest on all bonds and mortgages owned by the city, issued prior to January 1, 1898; 2. For fees heretofore known as mayoral fees now collectible by the department of licenses, except as otherwise provided by law; 3. For fines and penalties, except as otherwise provided by law; 4. For fees and fines collected by the clerks of the courts for the city, except as otherwise provided by law; 5. Rents from all sources not otherwise pledged; 6. For the sale of all property of the city other than, real estate, except as otherwise provided by law. 16 CODE OF ORDINANCES OF THE CITY OF NEW YORK All moneys constituting the fund for the payment of interest on the city debt, whenever required to meet such interest, shall be drawn from the treasury by a warrant signed by the commissioners of the sinking fund or any four of them, the comptroller being one. (C. O. 54, 66; revised.) 6. Collection of income of sinking funds. The comptroller shall superintend the collection of all rents, interest and demands due the sinking funds, and direct all necessary measures to complete the payment of them and report the condition of same to the board of aldermen quarterly. (C. O. 41.) 7. Bonds and mortgages due the city; duties of comptroller. The comptroller is hereby authorized, with the sanction of the board of commissioners of the sinking fund, to assign any bond or mortgage held by the board to any person or persons who may elect to take such assignment, upon the payment in full of the principal and in- terest due on said bond and mortgage; and the mayor and city clerk are hereby authorized and directed to execute, under their hands and the seal of the city, any such assignment, upon evidence being ex- hibited to them, showing that the principal and interest of such bond and mortgage have been paid into the treasury of the city to the credit of the board of commissioners of the sinking fund. Upon the payment of any bond and mortgage in full, the comptroller shall prepare and cause to be executed a proper satisfaction of such bond and mortgage; which the mayor and city clerk are hereby authorized to execute, upon the production of evidence that the bond and mort- gage has been paid, as provided in the preceding sentence of this section. But no release of any part of the premises contained in such mortgage, from the lien created by such mortgage thereon, shall be made or executed by them. (C. O. 43, 44.) 8. Investment of moneys of the sinking fund fpr redemption of the city debt. The board shall, from time to time, invest the moneys which shall constitute the sinking fund for the redemption of the city debt, or as much as it can, in the purchase of stocks created by the city at not exceeding the market price therefor; and if, at any time, such investments cannot be made to the advantage of the city, then the board shall be authorized to invest the said moneys, or such part thereof as they may see fit, either in the purchase of stock of the state of New York, or of stock or bonds of the United States, notwithstanding such stock or bonds may be above the par value thereof. The powers conferred in this section shall be so construed as to render it imperative on the board, at all times to give preference to the purchase of city stock, if the same can be procured at a reason- able rate. Whenever the board shall have invested any part of the said fund in the purchase of the stocks of this state or of the United States, and shall at any time thereafter be enabled to purchase any of the city stocks, at such prices as the commissioners may judge best for the public interest, they shall forthwith sell and dispose of said stocks of the state or of the United States and invest the net proceeds thereof in city stock, if, in their opinion, such disposition would be beneficial to the public interest. Whenever the board shall have invested any part of the said fund in the purchase of city stock, and shall at any time thereafter be enabled to purchase any of the city stock which shall be by its terms redeemable at an earlier day, the ADMINISTRATIVE PROVISIONS 17 board may forthwith sell the same and invest the net proceeds in such other city stock, if in the opinion of the commissioners such exchange shall be desirable and beneficial to the public interest. Whenever any of the moneys constituting the sinking fund for the redemption of the city debt shall be required for any purchase or investment mentioned in this section, or for the redemption of any of the city stocks at their maturity, the amount of money required shall be paid from the treasury, by warrant, signed by the board or any four of its members, the comptroller being one. All stocks and securities which shall be purchased by the board shall be transferred to it, and all transfers thereof, when disposed of pursuant to the pro- visions of this section, shall oe made by the commissioners or any four of them, of whom the comptroller shall be one. The city stock which shall be purchased by the board shall not be canceled by it until the final redemption of the same, and all interest accruing thereon shall regularly be carried to the sinking fund for the redemp- tion of the city debt. Nothing in this section shall be so construed as to prevent the board from temporarily investing the unemployed moneys belonging to the sinking fund in the temporary bonds of the city. (C. O. 54- 64, 67.) 9. Record of proceedings of the board; report to board of alder- men. The comptroller shall keep a correct journal of the proceedings of the board of commissioners of the sinking fund, to be authenticated by the secretary of the board, by his signature; and once in each year, or oftener, if required, the comptroller shall render unto the board of aldermen a full and detailed report of the proceedings of the board. The report shall specify the disbursements, purchases, exchanges and sales made by the board, the prices at which and the parties from whom such purchases, with whom such exchanges, and to whom such sales shall have been made; the amounts and descrip- tions of the stocks of the city purchased by the board; the amounts and descriptions of the stocks of this state and of the United States then held by the board, and the amounts paid for interest on city stocks. Such report shall also contain a detailed statement of the receipts and of the unemployed moneys in the city treasury to the credit of each sinking fund. (C. O. 68, 69.) ARTICLE 2 CONTRACTS Sec. 60. When requisite. 61. Contracts of borough presidents. 62. Surveys or plans. 63. Proposals for estimates. 64. Form of proposals. 65. Contents of estimates; verification. 66. Opening estimates. 67. Samples. 68. Payment in installments; security required. 69. Payments on assessment work; security required. 70. Protection against accidents. 18 CODE OF ORDINANCES OP THE CITY OF NEW YORK 71. Snow removal contracts, payment of laborers. 72. Enforcement of contracts; bonds. 73. Payments on contracts. 74. Certificate of amount due. 75. Inspection of contract work. 76. Affidavits of surveyor and inspector. 77. Extra work. 78. Delayed payment of assessments. 79. Report as to outstanding contracts. Sec. 60. When requisite. All supplies to be furnished or work to be done for the city, whether they are to be paid for out of the city treasury or out of trust moneys under the control of or to be assessed or collected by the city, shall be furnished or performed by contract, except where otherwise provided by law. (C. O. 509.) 61. Contracts of borough presidents. All contracts for work, materials or supplies, relating to any of the matters under the cog- nizance of the respective borough presidents, shall be made by the borough presidents, and bonds, to be approved as to form by the corporation counsel and as to sufficiency by the comptroller, shall be taken for the faithful performance thereof; all such contracts shall be executed in triplicate by the said borough presidents, on the part of the city, and by the contractor; one original copy so executed shall be kept and filed in the office of the borough president, one shall be filed in the office of the comptroller, and the third shall be given to the contractor. (C. O. 84.) 62. Surveys or plans. Whenever in the opinion of a borough president or other head of a department, bureau or office of the city, a survey or plans shall be necessary for any work duly authorized, or for the purpose of reporting any necessary information, he shall cause such survey or plans to be made by a competent surveyor, architect or engineer, as the nature of the work may require. (C. O. 89 in part.) 63. Proposals for estimates. The several departments and officers empowered by law to make contracts on the part of the city shall issue proposals for estimates therefor, and advertise the same, as provided by law.^ There shall be kept by each department an appro- priate box, to be designated "Estimate Box," with a proper opening m the top thereof to receive estimates for which proposals have been issued. Such box shall be kept locked, except when it may be neces- sary to open it to examine and decide upon estimated, and the key thereof shall be retained by the head of the department. The head of the department shall deposit in said box all estimates duly pre- sented to him, for work to be done under the direction of the depart- ment, immediately on the receipt thereof by him. (C. O. 510.) 64. Form of proposals. All proposals for estimates shall be in such form as may be prescribed by the department making the same, and shall contain the following particulars: 1. They shall require that the person making the estimate shall deliver it in a sealed envelope, addressed to the head of the appro- priate department at his office, or at such place as may be designated in the advertisement, on or before a day and hour therein named, not less than 10 days from the first publication thereof; ADMINISTRATIVE PROVISIONS 19 2. They shall state the quantity and quality of supplies, or the nature and extent, as near as possible, of the work required; 3. They shall state that the estimates received will be publicly opened by the head of the department issuing the proposals at his office, or at such place as may be designated in the advertisement, at a day and hour therein mentioned; 4. They shall state the amount in which security is required for the performance of the contract; 5. They shall state, briefly, the several matters required by the next section to be contained in, or to accompany the estimates. (C. O. 511.) As to patented articles see Warren Bros. Co. v. City of N. Y., 190 N. Y. 297, 511. 65. Contents of estimates; verification. Each estimate shall con- tain 1. The name, residence and place of business of the person making the same; 2. The names of all persons interested with him therein, and if no other person be so interested, it shall distinctly state that fact; 3. That it is made without any connection with any other person making an estimate for the same purpose, and is in all respects fair, and without collusion or fraud: 4. That no member of the board of aldermen, head of a depart- ment, chief of a bureau, deputy thereof, or clerk therein, or other officer or employee of the city, is directly or indirectly interested therein, or in the supplies or the work to which it relates, or in any portion of the profits thereof. The estimate shall be verified by the oath, in writing, of the party making it, that the several matters stated therein are in all respects true. (C. O. 512, 513 as amended.) 66. Opening estimates. The sealed envelope containing the estimate shall be endorsed with the name or names of the person or persons presenting the same, the date of its presentation, and a statement of the work to which it relates, and no estimate shall be taken from the "Estimate Box," nor shall the sealed envelope thereof be opened by anyone, except at the time and hi the manner herein designated for deciding on such estimates. At the time and place appointed for that purpose hi the proposals, as prescribed hi this article, the head of the department, or the president of the board where the same are advertised by a board, or the secretary thereof, or other officer empowered to make the contract, in the presence of the comptroller or his representative, and such of the parties making them as may desire to be present, shall then and there open the estimate box, and the estimates to be examined at that tune, as may appear from the endorsements thereon, shall be taken from the box. The head of department or other party hereinbefore authorized shall, then and there, publicly open and read all estimates which he may have received for the contract mentioned in such proposals, and shall reject all estimates not furnished in conformity with the law and the ordinance relating thereto. The award of the contract shall be made according to law. (C. O. 516 as amended Sept. 23, 1913.) 67. Samples. When proposals are issued for a contract to fur- nish any article of which a sample can conveniently be furnished, the 20 CODE OP ORDINANCES OF THE CITY OF NEW YORK head of the department issuing the same may require that such sample be delivered at his office, or at the office of the head of the appropriate bureau in his department, within such time before the opening of the estimates as he may prescribe; and, if it be not so furnished, or does not conform to the quality required by the pro- posals, the estimate delivered by the person furnishing or omitting to furnish the same, as the case may be, shall be rejected. (C. O. 517.) 68. Payment in installments^ security required. In all contracts for work for the city where provision is made for the payment of the contract price by installments, a provision shall be inserted that the contractor shall allow 10 per cent, of the contract price of the work actually done to remain as security, until the whole work shall be completed according to the contract. (C. O. 518.) 69. Payments on assessment work; security required. Whenever any contract shall be made hereafter by any department or officer of the city, the amount of which Is to be afterward collected by assess- ment from the property benefited by the work to be done under the contract, the head of the department or officer making such contract shall cause to be inserted therein a clause that, as the work progresses, payments will be made to the contractors by monthly installments of 85 per cent, on the estimated value of the work actually done under said contract, and the officer making any such contract shall forthwith file a copy thereof with the comptroller. (C. O. 54 as amended in L. 1912, Chap. 527.) 70. Protection against accidents. In all contracts for the work for the city upon any public building or in any public street or place, in the performance of which accidents or injuries may happen to the person or property of another, provisions shall be inserted that the contractor shall place proper guards for the prevention of accidents; that he shall put up and keep at nights suitable and sufficient lights during the performance of the work, and that he will indemnify the city for damages or costs to which it may be put by reason of injury to person or property of another, resulting from negligence or care- lessness in the performance of the work. (C. O. 519; covering C. O. 215-218.) 71. Snow removal contracts; payments of laborers. In all emer- gency work performed by laborers in the removal of snow where men are engaged by the hour or the day, either by a contractor em- ployed for the purpose or by the street cleaning department itself, it shall be stipulated that such work shall be paid for daily, directly to those individually employed in it, in the currency of the United States, and not by check or ticket. Such payments, in each instance, shall be made at the substations of the street cleaning department. Every contractor engaged in the removal of snow shall be required to stipulate with the commissioner of street cleaning, or others em- powered to enter into contracts for that purpose, as the case may be, to observe the provisions of this section, a violation of any of which shall be deemed to abrogate any such contract. (C. O. 418a, 418b.) 72. Enforcement of contracts; bonds. Every contract for sup- plies or work by the city shall be executed by the contractor or con- tractors to whom the same may be awarded, and shall be accom- panied by a bond in the penalties mentioned in the proposals therefor, ADMINISTRATIVE PROVISIONS 21 executed by the persons or company consenting to become bound as sureties, or by such other persons or company as shall be substi- tuted therefor with the consent of the head of the department mak- ing such contract, conditioned for the faithful performance of the contract and every provision therein contained. The bond shall be accompanied by the oath, in writing, of the person signing the same, that he is a householder or freeholder in the city, and by the oath of the person, or an officer of such company, that he or it is worth the amount of the security required for the completion of the con- tract and stated in the proposals, as hereinbefore prescribed. The comptroller shall require such sureties to be further examined before himself, or an officer authorized to administer oaths deputed by him, in respect of the items and details of their property, before approv- ing the adequacy and sufficiency of such sureties. Each department of the city government and each officer, by whom any contract for work to be done for the city shall be made, shall require and enforce the faithful execution of each contract so made by them; and in case the contractor or contractors shall fail in any respect to perform the work which he or they have contracted to render or perform, within the time limited for the performance of the same, then the department or officer having charge of such work shall do and complete the same in the manner provided for in the contract for its performance and the cost thereof shall be a charge against such delinquent contractor, or contractors; provided, however, that the head of any department or other officer by whom any such con- tract shall be made, may on good and sufficient cause, extend for a reasonable time the period fixed for the completion thereof. (C. O. 520.) 73. Payments on contracts. No payment shall be made by the comptroller for work done or supplies furnished, except upon proper vouchers rendered by the head of the appropriate department, or the officer, board or commission for whom such work was done or supplies furnished; provided that, in the case of a pay-roll for labor performed under the supervision of the borough presidents, the comptroller may draw a warrant for the total amount of such pay-roll, in favor of the chamberlain, who shall make the payments therein specified. Such vouchers shall be made out in duplicate, and shall contain the certificate of such subordinate officers as the head of the department may require, in such form and purport as he shall prescribe, and also a certificate of the head of the department. One of the duplicate vouchers shall be retained in the department or office by which the vouchers are rendered, and the other shall be transmitted to the department of finance for payment. No payment shall be made upon any contract beyond the amount thereof. (C. O. 39 and 523.) 74. Certificate of amount due. Whenever any payment shall become due upon any contract, according to the provisions thereof or in accordance with any of the provisions of this ordinance, the head of department or officer having the work in charge shall furnish to the person or persons entitled to such payments a certificate, in writing, specifying the contract upon which the payment is due and the amount due thereon. The comptroller on the presentation to him of such certificate shall pay the amount thereof and endorse 22 CODE OP ORDINANCES OP THE CITY OP NEW YORK such payment upon the contract upon which such payment was made, but final payment on any contract shall not be made until the heaa of department or officer having charge of the work under the contract shall furnish a certificate, signed by him and filed in the office of the comptroller, that the work mentioned in the contract has been completed according to the terms thereof and to the satisfaction of the head of department or officer giving the certificate. (C. O. 522, 523.) 75. Inspection of contract work. Each borough president shall appoint a competent inspector of contract work under the jurisdic- tion of his department, in all cases where he may deem the public service requires such inspector. Whenever an assessment shall be levied for any improvement, the amount paid for inspection of any contract work connected therewith shall be assessed and collected with the other expenses of the improvement, except where the in- spector's wages are legally chargeable to the contractor. (C. O. 91 in part.) 76. Affidavit of surveyor and inspector. Each and every con- tractor shall be required to obtain an affidavit from the surveyor, setting forth the amount of work done, of every description that may be charged in each bill or assessment list of said contract, and said affidavit shall be attached to the assessment list. The inspector shall also furnish an affidavit, to be attached to each contract, setting forth that the work has been done according to the plans and speci- fications; said affidavit to be attached to each assessment list before presented for confirmation. (C. O. 525.) 77. Extra work. Repealed by ordinance effective July 7, 1916. 78. Delayed payments of assessments. In all cases of delinquency hi the payment of any assessment for work done under a contract made by any contractor with the city, respecting any street or road or respecting the building of wharves, piers, slips and sewers, on the final settlement with every such contractor, there shall be allowed and paid to him all interest which shall have been collected on his account or contract, first deducting the collector's commission. (C. O. 526.) 79. Report as to outstanding contracts. The comptroller shall report to the board of aldermen, within 30 days after their organiza- tion in each year, a statement of all contracts made by the city, or directed or authorized by the board and not performed or completed or upon which any moneys remain unpaid; with the amount of money remaining unpaid on each such contract. (C. O. 25.) ARTICLE 3 REAL ESTATE Sec. 100. City real estate to be supervised by the comptroller. 101. Deeds, leases, etc., to the city; comptroller is custodian. 102. Leases or other conveyances by the city. 103. Assignment of leases and subletting by city. 104. Execution of deed by city. 105. Quit-rents. ADMINISTRATIVE PROVISIONS 23 Sec. 100. City real estate to be supervised by the comptroller. The comptroller shall superintend all real estate of the city and report to the board of aldermen all encroachments thereon. He shall direct and superintend the collection of all rents or other moneys due the city. (C. O. 21, 24.) 101. Deeds, leases, etc., to the city; comptroller is custodian. The comptroller shall keep on file in his office all title deeds, leases, bonds, mortgages or other assurances of title, except such as are directed by law or ordinance to be deposited elsewhere. He shall cause all grants, leases and counterparts of leases, and all deeds executed by the city, to be recorded in proper books to be kept in his office. (C. O. 22, 23.) 102. Leases or other conveyances by the city. Whenever any real estate belonging to the city is unproductive, or the term for which it may have been leased or let shall have expired or be about expiring, the head of the department, bureau, board or office having jurisdic- tion over such real estate shall forthwith turn over the same to the board of sinking fund commissioners and advise the comptroller thereof. The comptroller shall report to the board whether or not, in his judgment, it will be to the public interest to lease or other- wise dispose of such property. The comptroller, under the sanction of the board, shall appoint appraisers upon behalf of the city to settle the rent on renewal of any lease, or the value 6f the building, to be Kid for on the expiration of any lease in which the city is or shall interested, whenever by the provision of such lease the appoint- ment of appraisers is required. All leases authorized by the board shall be executed by the comptroller and the city clerk, under their hands and the seal of the city. (C. O. 42, 46 as amend. June 20, 1916.) 103. Assignment of leases and subletting by city. The comptroller may consent, in the name and on behalf of the city, that the lessee or assignee of a lease made by the city shall assign the same or under- let the demised premises, whether or not provision is made by the lease that it shall not be assigned or the premises underlet without the consent of the city; but he shall not so consent unless all arrears of rents upon the premises be paid in full. (C. O. 28 amend.) 104. Execution of deeds by city. Whenever any real estate shall have been sold pursuant to the preceding sections of this article, the board of commissioners of the sinking fund, or a majority of them, shall give a certificate, under their hands, that the same has been sold pursuant to the provisions of this article, and upon the produc- tion of such certificate and the evidence that the proceeds of such sale have been paid into the treasury to the credit of the sinking fund for the redemption of the city debt, or such other appropriate fund as provided by the charter, the mayor and the city clerk shall exe- cute proper conveyances of such real estate under their hands and the seal of the city. Whenever^any real estate of the city shall have been sold pursuant to any provision of the charter or any ordinance, the mayor and the city clerk shall execute proper conveyances of such real estate, under their hands and the seal of the city. (C. O. 76, revised.) 105. Quit-rents. The comptroller shall preserve in a book to be kept in his office for that purpose, to be called the record of quit- 24 CODE OF ORDINANCES OF THE CITY OF NEW YORK rents, maps of all grants of land heretofore made by the former Corporation of the City of New York, on which quit-rents are payable, showing the original grants and the subdivisions of the same as near as they can be ascertained. He may receive the sums proportionately due from each owner in payment of the portion of the moneys payable under the original grant, as the same shall from time to time become payable. He shall, on receiving written notice from the grantee of the said former corporation, or his assignee, of the sale of any portion of land subject to quit-rent, enter in the record of quit-rents the name of the purchaser, with the date of the sale and the portion of the land sold. He may thereafter receive the sum proportionately due from such purchaser, in payment of his portion of the moneys payable under the original grant, as the s^ame shall, from time to time become payable, and he may receive from the owner of the lot or parcel mentioned in the notice, or his legal representative, the sum proportionately due from him in pay- ment of his proportion of the moneys payable under the original grant. When land heretofore granted by the said former corporation subject to a quit-rent, portions of which have been assigned by the grantee, shall be re-entered by the city for non-payment of the quit- rent, the comptroller may grant releases in severalty to such of the assignees of portions of the land granted as shall, within 6 months from the re-entry, pay their respective apportionments of commuta- tion money and the expenses of re-entry and conveyance, with such portions of the rent as may be justly due from the respective assignees for the land held by them, as the same shall be apportioned by the comptroller. Whenever any person shall desire to commute any quit-rent due the city, the comptroller shall calculate such commuta- tion at the rate of 6 per cent, and, upon the production of evidence that the same and all arrears of rent have been paid into the treasury of the city, to the credit of the board of commissioners of the sinking fund, the mayor and city clerk shall execute a release of such quit- rent. (C. O." 30, 31 in part; 33-35, 45.) ARTICLE 4 THE MAYOR Sec. 130. Apprehension of criminals. Sec. 130. Apprehension of criminals. The mayor may, whenever he shall deem it necessary, issue his proclamation for the apprehen- sion of any person who may have committed a crime within the city, and may, in such proclamation, offer a reward not exceeding .$500, to be paid out of the city treasury upon the certificate of the mayor that the service required has been performed. ARTICLE 5 THE PRESIDENT OF THE BOARD OF ALDERMEN Sec. 150. ADMINISTRATIVE PROVISIONS 25 ARTICLE 6 THE COMPTROLLER Sec. 170. Custodian of evidences of debt, contracts, bonds and stock certificates. 171. Collection of rents and other debts. Sec. 170. Custodian of evidences of debt, contracts, bonds and stock certificates. The comptroller shall keep and file in his office all evi- dence of debt, contracts, bonds of indemnity, official bonds, and all certificates of stock belonging to the sinking funds, except such as are direcred by law or ordinance to be deposited elsewhere. (C. O. 22.) 171. Collection of rents and other debts. The comptroller shall direct legal peoceedings to be taken when necessary to enforce pay- ment of rents or other debts due to the corporation, or to obtain possession of premises to which the corporation is entitled. ARTICLE 7 THE BOROUGH PRESIDENTS Sec. 200. Expenditures for borough. it 201. Incumbrances and contingencies, accounts for. i 202. Receipts to be recorded and accounted for. :|203. Permits. > 204. Reports to the board of aldermen. Sec. 200. Expenditures for borough. Each borough president shall control and direct all expenditures to be made by his department, and shall countersign and draw his requisition upon the comptroller for the payment of all bills and accounts therefor which in his judg- ment are correct, and which may be duly certified by the chief of the bureau, division or office under whose supervision the expenditure was incurred. No requisition shall be drawn by any borough pres- ident for the payment of any bill or account until the same shall have been duly certified as aforesaid, except that bills and accounts for expenditures for the removal of incumbrances, or for the other expenditures authorized by ordinance but not under the immediate supervision of any department, shall be certified by the borough president. (C. O. 90.) 201. Incumbrances and contingencies; accounts for. Each bor- ough president shall keep separate accounts with the two appro- priations, one for the removal of incumbrances, and the other for the contingencies of his department, and drafts thereon shall be made upon the comptroller, who shall charge each appropriation with the respective drafts and draw his warrant in each case in favor of the borough president for the amount thereof. (C. O. 95.) 202. Receipts to be recorded and accounted for. Each borough president shall cause to be entered in books to be provided for that purpose and kept in his office, open at all convenient times to public 26 CODE OF ORDINANCES OP THE CITY OF NEW YORK inspection, the names of all persons from whom he may receive money for the city, on trust account or otherwise; with the amounts received, or what account, and when paid. He shall render a certified account thereof, under oath, item by item, to the comptroller, on Thursday of each week, and shall thereupon pay over the amount so received to the chamberlain, from whom he shall receive duplicate vouchers for the payment, one of which he shall, on the same day, file in the office of the comptroller. (C. O. 93.) 203. Permits. In all cases where provision is made by law or ordinance that the consent of a borough president shall be obtained to authorize any act to be done, he may grant a permit therefor, subject to the restrictions of all statutes and ordinances in relation thereto, and, upon granting any such permit, he may exact such cash deposit or bond, or both, as he may deem necessary to safe- guard the interests of the city. (C. O. 92.) 204. Report to board of aldermen. The respective borough pres- idents shall, when required by the board of aldermen, inquire into and report upon any of the matters within their cognizance, and shall, from time to time, communicate to the board any information or suggestion that they may deem important in relation thereto. (C. O. 88.) ARTICLE 8 THE CORPORATION COUNSEL Sec. 220. Register of actions. 221. Legislative bills, ordinances. 222. Books and papers to be delivered to successor. Sec. 220. Register of actions. The corporation counsel shall keep in proper books, to be provided for that purpose, a register of all actions prosecuted or defended by him, and all proceedings had therein. (C. O. 12.) 221. Legislative bills, ordinances. The corporation counsel shall prepare the draft of any bill to be presented by the city to the legis- lature for enactment, with a proper memorial for the passage thereof, and shall draw such ordinances as may be required by the board of aldermen or any committee thereof. (C. O. 8, 9, revised.) 222. Books and papers to be delivered to his successor. Upon his resignation or removal, the corporation counsel shall forthwith deliver to his successor in office all deeds, leases, contracts, and other papers in his hands belonging to the city, and all papers in actions prosecuted or defended by him, with the register thereof and of the proceedings therein, and a written consent to the substitution of his successor in each pending action. (C. O. 13.) ARTICLE 9 CITY MARSHALS Sec. 230. City marshals; badges. 231. Impersonating marshals; unauthorized signs. 232. Violations. ADMINISTRATIVE PROVISION'S 27 Sec. 230. City marshals; badges. The mayor is hereby authorized to prescribe the style, form and size of a badge to be known and designated as the city marshal's official badge, a description of which he shall file in the office of the city clerk. Each city marshal shall provide himself, at his own expense, with one of such badges, and shall wear the same at all times while engaged in the discharge of his duties. At all times, every city marshal shall display his badge, upon demand. Upon cessation from duty as or upon the expiration of the term of a city marshal, he shall forthwith surrender his official badge to the city clerk who is hereby authorized to refund the sum originally charged therefor. (C. O. 567-569, rev. May 25, 1915.) 231. Impersonating marshals; unauthorized signs. No person, not a marshal of the city, shall hold himself out to the public as being a marshal, or as being in any way authorized to act as a marshal or to perform the duties of a marshal. No person, not a marshal, shall exhibit any sign with the words "marshal's bureau" thereon, or any other words or terms whejreby the public may be led to believe that he is a city marshal or authorized to act as such, or that his office is the office of a city marshal. No city marshal shall knowingly permit any person, not a city marshal, to perform any act in his name, or to sign or use his name in the performance of any act which can be performed only by a city marshal in person. (Charter 1430.) 232. Violations. Any person violating any of the provisions of this article shall be punishable by imprisonment for a term not ex- ceeding one month, or by a fine not exceeding $200 for each offense. (Charter 1436.) ARTICLE 10 CITY SURVEYORS Sec. 240. Board of examiners. 241. Appointment of surveyors. Sec. 240. Board of examiners. There is hereby constituted a board to be known as the examining board of city surveyors, which shall consist of the chief engineer of the board of estimate and apportion- ment, ex-officio, of two engineers appointed by the board of aldermen from the consulting or topographical engineers in the regular employ of the city and of two city surveyors, who shall be appointed by the board of aldermen. The terms of office of the first examiners so ap- pointed, except the chief engineer of the board of estimate and appor- tionment, shall be one, two, three and four years, respectively, as designated by the board of aldermen, and until their successors are ap- pointed; and as their terms respectively expire their successors shall be appointed for a full term of four years, which shall thereafter be the full and regular term of office of said examiners. The examining board of city surveyors shall have the power and it shall be their duty: to meet at stated intervals, and specially when the board of aldermen shall in writing request them so to do; to examine all persons who may desire to be appointed surveyors of the City of New York by tests, which will determine their com- petency and fitness, and who shall present a receipt from the city 28 CODE OP ORDINANCES OP THE CITY OP NEW YORK clerk showing that the examining fee, as hereinafter provided, has been paid; to certify to the board of aldermen within ten days after an examination has been held a list in the order of standing of all those applicants who have qualified in such examination. No person shall be examined as hereinbefore provided until an examining fee of five dollars shall have been paid to the city clerk, who is hereby authorized and directed to receive the same and to issue a receipt therefor, and the fee so collected shall be paid by the city clerk into the treasury of the City of New York. 241. Appointment of surveyors. There shall be so many surveyors for the City of New York as the board of aldermen shall from time to time appoint; but hereafter no appointment shall be made except from a list certified to the board of aldermen by the examining board of city surveyors, as hereinbefore provided. Each city surveyor be- fore entering upon the duties of his office, shall take an oath well and truly to perform the same. (Amend., App. May 1, 1915.) This article, as amended above, repealed former sections 240, 241, 242, 243 and 244. ARTICLE 11 PUBLIC ADMINISTRATOR Sec. 250. Reports. 251. Bank accounts, supervision of comptroller. 252. Distribution of decedents' assets. Sec. 250. Reports, The public administrator of the county of New York shall, on the twentieth day of December, in each year, report to the board of aldermen the titles of all actions prosecuted by or against him, and then pending and undetermined, with such other information in respect thereto as he may deem necessary or proper. He shall report to the comptroller on the first Thursday of each month, and oftener if required, the amount of moneys received by him since his last return on account of any estate upon which he shall have administered. He shall, at the same time, report to the board of aldermen a transcript of such of his accounts as have been closed or finally settled, and of those on which any money has been received by him as part of the proceeds of any estate on which he has adminis- tered; he shall deposit all moneys by him collected and received, as required by law, in such bank as the corporation counsel shall select from the designated depositories of the city's moneys. (C. O. 15-17.) 251. Bank accounts, supervision of comptroller. The public administrator of the county of New York, shall, whenever required, exhibit to the comptroller the bank book showing his deposits, and all other vouchers and documents relating to his office. The comptroller, before signing any check for money deposited, shall examine the bank books showing the deposits, and the vouchers on which the check is required to be drawn, and shall satisfy himself fully as to the correctness thereof and, in case of doubt or difficulty, he shall report the case to the board of aldermen for its direction. (C. O. 18, 19.) 252. Distribution of decedents' assets. The comptroller may distribute and pay any balance of an intestate's estate remaining in ADMINISTRATIVE PROVISIONS 29 the city treasury to the persons legally entitled thereto, whenever he and the public administrator of the county of New York shall be satisfied that the person claiming the same is legally entitled thereto; but, if they be not satisfied thereof, they shall report the case to the board of aldermen for its direction. (C. O. 20.) ARTICLE 12 PUBLIC EMPLOYMENT BUREAU Sec. 260. Organization and purpose. 261. Records. 262. Co-operation with kindred agencies. Sec. 260. Organization and purpose. There shall be a public employment bureau in and for the city, attached to the department of licenses, with the principal office in the borough of Manhattan, and a branch office in such other boroughs, as may be deemed neces- sary and designated by the commissioner of licenses, for the purpose of aiding unemployed persons in securing employment and employers of labor in securing employees; but no fee shall be charged by the bureau, or any officer or employee thereof, for such purpose. The employees of the bureau shall consist of such assistants and clerks as may be found necessary for properly carrying on its work, and they shall be appointed and removed by the commissioner of licenses in accordance with the rules and regulations of the municipal civil service commission. 261. Records. There shall be kept in the principal office of the bureau, and in each and every branch office thereof, such system of records as may be necessary properly to record and classify, accord- ing to trade or profession, (1) all applicants for positions; (2) all positions to be filled as reported to said bureau; (3) all persons sent to those seeking employees; (4) all such persons who secure employ- ment, and (5) such other records as the commissioner may deem necessary. A report of the transactions of each branch office shall be transmitted daily to the principal office of the bureau. 262. Co-operation with kindred agencies. The bureau shall, in so far as it may be feasible, co-operate with such employment bureaus or intelligence offices as now exist, or which may hereafter be estab- lished and conducted by the United States or the State of New York. (Ord. May 5, 1914.) ARTICLE 13 TAXES AND ASSESSMENTS Sec. 265. Fees for searches. 266. Apportionment of taxes. Sec. 265. Fees for searches. The following fees shall be paid to and collected by the collector of assessments and arrears, for the benefit of the city treasury, on his furnishing a bill of arrears or making 30 CODE OP ORDINANCES OF THE CITY OF NEW YORK searches upon a requisition for searches, on each lot or piece of property mentioned or referred to therein, namely: a. In respect of water rents, 50 cents; b. In respect of taxes, 50 cents; c. In respect of assessments, 50 cents; d. For his certificate upon any such bill or search, when requested, 10 cents. (C. O. 77.) . . 266. Apportionment of taxes. When several lots or parcels of land belonging to different persons are assessed for taxes in one par- cel, the comptroller may make the proper apportionment of the tax among the different owners. (G. O. 29.) ARTICLE 14 MISCELLANEOUS REGULATIONS Sec. 270. Bonds of city officers. Sec. 270. Bonds of city officers. Before entering upon the duties of his office: 1. The comptroller shall give a bond to the city, conditioned upon the faithful performance of the duties of his office, in the penal sum of $200,000 with a surety company or two or more sufficient sureties to justify in double the amount under oath before a judge of the supreme court, on notice to the corporation counsel, whereupon the same shall be immediately filed with the city clerk by the comptroller; 2. The chamberlain shall give a bond to the people of the State of New York in the sum of $300,000 within 10 days after receiving notice of his appointment, with not less than four sufficient sureties, to be approved by the comptroller, conditioned that he will faithfully discharge the duties of his office and all trusts imposed on him by law. 3. Each of the following officers or employees shall execute a bond to the city, conditioned for the faithful performance of the duties of his office, with one or more sureties, to be approved by the comp- troller, except in the cases of the receiver of taxes and the collector of assessments, whose bonds shall be approved by the chamberlain, in the penal sum as follows: Each deputy comptroller $ 10,000 00 Receiver of taxes 25,000 00 Collector of assessments and arrears 25,000 00 Collector of city revenue and superintendent of markets 15,000 00 Each deputy collector of city revenue 2,000 00 Clerk to the collector of city revenue and superintendent of markets 5,000 00 City clerk 20,000 00 City clerk's cashier 3,000 00 Deputy city clerk, borough of The Bronx 1,000 00 borough of Brooklyn 5,000 00 borough of Queens 1,000 00 bprough of Richmond 1,000 00 Commissioner of weights and measures and each in- pector of weights and measures 2,000 00 ADMINISTRATIVE PROVISIONS 31 Chief clerk, bureau of weights and measures $ 1,000 00 Corporation counsel 5,000 00 Fire commissioner (as treasurer of fire department) 20,000 00 Police commissioner (as trustee of police pension fund).. . . 100,000 00 Supervisor of the City Record 5,000 00 Deputy supervisor of the City Record 5,000 00 Each commissioner of public works 10,000 00 Water register 15,000 00 (Charter 152, 351 and C. O.) (As amended September 18, 1917.) 32 CODE OF ORDINANCES OP THE CITY OP NEW YORK CHAPTER 3 Amusements and Exhibitions Article 1. General provisions. 2. Motion-picture exhibitions. 3. Common shows. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Exhibitions and performances to be licensed. " 2. Issue of licenses, fee. 3. Commutation of license fee. 3a. Admission tickets and charge therefor. 4. Revocation of license. 5. Unlicensed performances and exhibitions. 6. Preceding sections not applicable to certain performances. 6a. Charity entertainments. 7. Exits, to be numbered and indicated on programmes. 8. Protection against fire or panic. 9. Obstruction of aisles and passageways. 10. Sunday observance. 11. Sale of liquors; female waiters. 11 a. Sale of tickets by ticket offices; issue of licenses; fee; revoca- tion; penalties. 12. Ticket speculators. 13. Violations. Sec. 1. Exhibitions and performances to be licensed. No person shall exhibit to the public in any building, garden or grounds, concert-room or other place or room within the city, any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy or dancing, or any other enter- tainment of the stage, or any part or parts thereof, or any equestrian, circus or dramatic performance, or any performance of jugglers, or rope dancing, or acrobats, until a license for the place of such exhibition for such purpose shall have been first had and obtained, as hereinafter provided. ( 1472. N. Y. Charter, now superseded by this ordinance and following sections as provided by 3 of the Amendatory Act of 1901.) While this section includes public entertainments on a stage, The Mayor v. Eden Musee Co., 102 N. Y. 593, it has been held not to apply to those given merely to advertise goods, Weistblatt v. Bingham, 58 Misc. 328; People v. Martin, Deul, J., N. Y. Law Journal, Feb. 8, 1912; People v. Campbell, 51 App. Div. 565. This section is practically the same as 1998 of the Consolidation Act, L. 1882, ch. 410, and there are also earlier decisions under that section. In Collister v. Hayman, 183 N. Y. 250, it was held this section conferred no new rights upon the patrons of theatres. 2. Issue of licenses, fee. The commissioner of licenses is hereby authorized and empowered to grant and issue the license referred to in the preceding section, to continue in force until the first day of May next ensuing the grant thereof, on receiving for each license so granted, and before the issuing thereof, the sum of $500; provided that in the borough of Richmond such license fee shall be $100. Such licenses shall be uniform and may, in the discretion of the commissioner, contain provisions and conditions which, in his judgment, may be essential for the welfare and benefit of the people of and visitors to the city, including provisions and conditions, respecting the tickets or other tokens entitling their holders to admission to such places, and respecting the hours of opening and closing thereof. (Charter 1473.) AMUSEMENTS AND EXHIBITIONS 33 1473. N. Y. Charter, changed by giving power to issue license to Commissioner of Licenses instead of the police department. It has been frequently held that granting the license was discretionary, not to be controlled by mandamus unless discretion was abused, ^ee People ex rel. Rota v. Baker, 136 App. Div. 7; People ex rel. Armstrong v. Murphy, 65 App. Div. 123; People ex rel. Worth v. Grant, 58 Hun, 455. Power to restrict and regulate lawful occupations must be exercised with care to right of individuals. Great. N. Y. Athletic Club v. Wurster, 19 Misc. 443 (Gaynor, J.). See Matter of Ormsby v. Bell, 218 N. Y. 212. 3. Commutation of license fee. The commissioner of licenses is hereby authorized to grant licenses for exhibitions or performances, as provided in sections 1 and 2 of this article, for any term less than one year, and in any case where such license is for a term of three months or less, he is hereby authorized to commute the fee therefor for a sum less than $500, but in no case less than $250, for a theatre, or $150 for a circus, concert-room or other building or place whatsoever; provided that in the borough of Richmond such commutation of license fee shall be $50. (Ord. Feb. 14, 1911, as amend.) 3a. Admission tickets and charge therefor. The right of admission to any exhibition or performance conducted by a licensee under a li- cense, issued by the Commissioner of Licenses pursuant to the preceding sections of this article, shall be evidenced by a ticket, card or other token on the face of which shall be conspicuously printed the regular or established price or charge therefor; and if such licensee, or any officer or employee thereof, shall, for the sale of such a ticket, card or token, directly or indirectly, exact, accept or receive any greater amount then the sum of the regular or established price or charge therefor printed on the face thereof, plus the amount of any tax imposed by the Govern- ment of the United States upon such ticket, card or token or the right of admission thereunder, the license of such licensee may be revoked and annulled in the manner provided by this article; and such licensee, or such officer or employee, who shall so exact, accept or receive any such greater amount shall be liable to the punishment prescribed by section 13 of this article. (New.) 4. Revocation of license. Any license provided for by the preceding sections may be revoked and annulled by any judge or justice of a court of record, upon proof of a violation of any provision of this article. The proof shall be taken before such judge or justice, upon notice of not less than two days to show cause why such license should not be revoked. He shall hear the proofs and allegations in the case and determine the same summarily, and no appeal shall be taken from his determination. Any person whose license shall have been revoked or annulled shall not thereafter be entitled to a license under any provision of this chapter. On any examination, pursuant to a notice to show cause as aforesaid, the licensee may be a witness in his own behalf. (Charter 1476.) This section must be construed with 10, infra, which provides as to revocation for Sunday performances. See Matter of City of New York, 131 App. Div. 767. Also see People ex rel. Hammerstein v. O'Gorman, 124 App. Div. 222; In re Sulli- van, 31 Misc. 1; Matter N. Y. Sabbath Committee, 44 Misc. 422. 5. Unlicensed performances and exhibitions. In case any person shall open or advertise to open any theatre, circus or building, garden or ground, concert-room or other place, for any exhibition or perform- ance referred to in section 1 of this article, without first haying obtained a license therefor, as provided for by sections 2 or 3 of this article, the corporation counsel may apply to the supreme court, or any justice thereof, for an injunction to restrain the opening thereof until its pro- prietor shall have complied with the requirements of those sections, and also with such order as to costs as the court or justice may deem just and proper to make, which injunction may be allowed upon a com- plaint in the name of the city, in the same manner as injunctions are now usually allowed by the practice of said court. Any injunction al- lowed under this section may be served by posting the same upon the outer door of the theatre or circus or building wherein such exhibition 34 CODE OF ORDINANCES OF THE CITY OF NEW YORK may be proposed to be held; or, if the same shall be in a garden or grounds, then by posting the same at or on or near the entrance way to any such place of^ exhibition. In case of any proceeding against the manager or proprietor of any such theatre, circus or building,or garden or grounds, as aforesaid, it shall not be necessary to prove the personal service of the injunction, but the service hereinbefore provided shall be deemed and held sufficient. (Charter 1479.) (See Wallack v. Society, 67 N. Y. 23.) 6. Preceding sections not applicable to certain performances. The provisions and requirements of the preceding sections of this article shall not be held to apply to any building, hall, room or rooms, in which only private theatricals, tableaux and other exhibitions for charitable and religious purposes are given, nor to the manager of exhibitions given by amateurs for the benefit of any church, mission, parish or Sunday school, or for any other charitable or religious purpose nor shall the same be held to apply to any masonic temple; nor to the trustees of any masonic hall and asylum fund, so long as the revenues of said temple shall continue to be applied to the use of the masonic hall and asylum, or other charitable purpose; nor to the Educational Alliance, nor to the directors or officers thereof, as such, with respect to any building which shall in whole or in part be owned or leased by said Alli- ance, while so owned or leased, or so long as the revenue thereof shall continue to be applied to the support of the Alliance and to the re- ligious, charitable, social, educational or literary purposes thereof, nor to performances held under the auspices of Community Councils, provided the revenue thereof shall be applied to the support of Com- munity Councils, and the social, educational and literary purposes thereof. (Charter 1480.) Adopted July 13, 1920. Became effective July 26, 1920. 6a. Charity entertainments. 1. Definition, (a) "Manager of a charity entertainment." Wher- ever used in this section the term "manager of a charity entertainment" shall be deemed to mean a person who undertakes or assists in the management of any theatrical performance, concert, lecture, ball, atheletic exhibition or other entertainment, publicly advertised as for charity, or for the benefit of any person, association or institution, except for the benefit of a subordinate lodge or branch of duly constituted or incorporated fraternities or kindred societies, and incorporated religious institutions, where an admission fee is charged or a collection taken up. 2. License, bond and fee. No manager of a charity entertainment, not having been connected, for a period of at least 3 months immedi- ately preceding the undertaking, with the regularly incorporated charity or charities, for the benefit of which the entertainment is held, shall advertise any charity entertainment, or receive money from the pro- motion of same, without a license therefor, and without having given bond to the city with sufficient surety, to be approved by the commis- sioner of licenses, in the penal sum which shall be fixed by such com- missioner conditioned for the due observance of the provisions of law or ordinance relating to such entertainments. The license fee of each manager of any theatrical performance, con- cert, lecture, ball or other entertainment, or any consecutive series of such entertainments, shall be $1.00. 3. Estimate of expenses. Every manager of a charity entertainment shall file with the bureau of licenses, with the application for such, a statement of estimated expenses, with the percentage of the gross pro- ceeds or fixed amounts to be retained by the managers, or other conditions of employment. Every manager of a charity entertainment shall also publish a statement of the sum total of the estimated expenses of any entertainment or series of entertainments, or a statement of the per- centage of the gross proceeds to be devoted to the charitable object or objects, or both, which shall appear in a conspicuous place on any ad- AMUSEMENTS AND EXHIBITIONS 35 vertisement, posters, programs, invitations, letters of credential or appeal, and on the license. 4. Records of receipts and expenditures. Every manager of a char- ity entertainment shall keep records of every such entertainment, in which shall be legibly written a list of all the receipts and expenditures, including the accruals, and this list shall be open at all reasonable times to the inspection of the commissioner of licenses, and shall be filed in the Bureau of Licenses within 10 days after such entertainment, or series of entertainments has taken place as a public record. Sec. 2. Any violation of the provisions of this section shall be punish- able by a fine of $250 or by imprisonment for a term of 6 months, or by both such fine and imprisonment. (New.) Adopted November 27, 1917. Approved December 3, 1917. 7. Exits, to be numbered and indicated on programmes. The owner, lessee, manager, or other person having charge or control of any theatre shall cause each and every door and means of exit, for use in case of fire or panic, to be numbered conspicuously, so as to be visible to the audience by whom the same may be used, and shall have or cause to be printed in conspicuous type, on the programme or bill of the play, a plan or diagram and explanation showing each of said exists thereon, and referring to the numbers aforesaid. (Charter 1487.) 8. Protection against fire or panic. The fire commissioner may detail, not to exceed two members of the uniformed force of the fire department, to each and every place of amusement where machinery or scenery are in use, while such place is open to the public. Their duty shall be to guard against fire, to take charge and control of the means provided for its extinguishment, and control and direct the employees of the place to which they may be detailed in the extinction of any fire which may occur therein. A member of the uniformed force on such detail shall inspect every portion of the building to which he may be de- tailed, during each public performance therein, for the purpose of guarding and protecting the occupants from fire or panic. In all places of public amusement or entertainment, not included in the foregoing provisions of this section, except in fireproof buildings, there shall be employed by the owner or proprietor thereof one or more watchmen, whose ex- clusive duty it shall be to protect and guard the inmates of such buildings from fire and other sources of danger. (Ord. Dec. 19, 1911, in part.) 9. Obstruction of aisles and passageways. Whenever any mem- ber of the uniformed force of the fire department shall discover in any inside aisle or passageway in any such place of amusement, any camp stool, chair, sofa, or other obstruction, or any person standing or sitting therein, during any public performance, he shall forthwith notify the proprietor or manager of such place of amusement, or any usher, agent or other employee of such proprietor or manager then present, to cause the obstruction to be forthwith removed, or to cause the person standing or sitting in such aisle or passageway to forthwith vacate the same, except as hereinafter provided. If such manager, proprietor, usher, agent, or employee shall cause or permit any camp stool, chair, sofa, or other obstruction 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 performacne, or, having been so notified, shall neglect or refuse to cause such obstruction to be forthwith removed, or such person to forthwith vacate the aisle or passageway, they shall each severally be deemed to have violated the provisions and requirements of this section; provided, however, that where there is a passageway in the rear of the seats in such place of amusement, more than (i feet in depth, it shall be lawful to permit persons to stand therein, as follows: a. Standing in passageways. If the passageway is more than <> feet and less than 16 feet deep persons may stand therein, provided an un- obstructed passageway of at least 6 feet in depth is left open, and there 36 CODE OP ORDINANCES OF THE CITY OF NEW YORK are no more than 4 rows of persons standing; if the passageway is more than 16 feet deep, any number of persons or rows of persons may stand therein, provided that an unobstructed passageway of at least 10 feet in depth is left open; and in places of amusement having a passageway in the rear of the seats, 6 feet or less, in depth, but having in addition an .outer passageway in the rear thereof, to which all aisle heads have straight and direct access, 2 rows of persons may be permitted to stand in such passageway in the rear of such seats, but under no circumstances more than 2 such rows; b. Standing in balconies. In balconies or galleries, only one row of persons shall be permitted to stand; c. Standing room to be indicated. The space to be occupied by said standees shall be separated from the space to be left clear for passage, by tape, ribbon or other easily broken material, supported by light posts fixed in stationary sockets and not less than 3 nor more than 4 feet from the floor; all to be so constructed and placed as to be no ob- struction in case of panic or emergency; d. Standing in aisles. But in no event, nor under any circumstances, shall any person be allowed to stand in or at the head of any aisle. (Ord. Dec. 19, 1911, in part.) See also Building Code (ch. 5, Art. 23) as to build- ings of a public character and requirements for public safety. That aisles and pas- sageways in theatres should be kept free and clear has been repeatedly held, see Fire Dept. v. Stetson, 14 Daly, 125; Fire Dept. v. Hill, 14 N. Y. Supp. 158; Sturgis v. Coleman, 38 Misc. 302. In Sturgis v. Grau, 39 Misc. 330, it was held the space was not a passageway. Blocking aisles in a motion-picture theatre held violation of 1530, Penal Law. Russell, C. J., People v. Marks, N. Y. Law Journal, Feb. 15, 1913. 10. Sunday observance. No person shall exhibit on the first day of the week, commonly called Sunday, to the public, in any building, garden, grounds, concert-room or other room or place within the city, the performance of any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, wrestling, boxing, with or without gloves, sparring contest, trial of strength, or any part or parts thereof, nor any circus, equestrian or dramatic performance or exercise, nor any performance or exercise of jugglers, acrobats, club performances^ or rope dancers; but nothing herein contained shall be deemed to prohibit at any such place or places on the first day of the week, commonly called Sunday, sacred or educational, vocal or instrumental concerts, lectures, addresses, recitations and singing, provided that such above mentioned entertainments shall be so given as not to disturb the public peace or amount to a serious interruption of the repose and religious liberty of the community. Any person wilfully offending against the provisions of this section, and every person knowingly aiding in such exhibitions, except as herein provided, by advertisements or otherwise, and every owner or lessee of any building, part of a building, grounds, garden or concert-room, or other room or place, who shall lease to let out the same for the purpose of any such exhibition or performance, except as herein provided, or assent that the same be used for any such purpose, shall be subject to a penalty of $500, which penalty the corporation counsel is hereby authorized to prosecute, sue for and recover; and, on the re- covery of a judgment for the penalty herein provided, against any manager, proprietor, owner or lessee, consenting to or causing or al- lowing, or letting any part of the building for the purpose of any ex- hibition or performance, prohibited by this section, the license which shall have been previously obtained by such manager, proprietor, owner or lessee shall be of itself vacated and annulled. (Ord. Dec. 19, 1907, with slight changes.) The ordinance is not to be deemed invalid because Penal Code makes the same offense a misdemeanor. City N. Y. v. Alhambra Theatre Co., 136 App. Div. 509; aff'd, 202 N. Y. 528. An ordinance forbidding any show to be given for pay on Sunday in Yonkers, held to be reasonable. Hamilton v. Lennon, Mayor Yonkers, N. Y. Law Journal, Jan. 21, 1915. lOa. Baseball Games on Sunday. It shall be lawful to play baseball AMUSEMENTS AND EXHIBITIONS 37 games, to which an admission fee may or may not be charged, on the first day of the week, commonly called Sunday, after tvo o'clock in the afternoon, provided, however, that where prices are charged for wit- nessing baseball games they shall not exceed those charged for similar games on other days of the week. (New.) Adopted April 29, 1919. Approved May 1, 1919. 11. Sale of liquors; female waiters. No wine, beer or strong or spirituous liquors shall be sold or furnished to any person in the audi- torium or lobbies of any place of exhibition or performance mentioned in section 1 of this title, nor in any apartment connected therewith by any door, window, or other aperture, except that the commissioner of licenses may, in his discretion, and subject to such regulations and restrictions as he may determine, permit the same to be sold or furnished- while concerts, consisting of vocal or instrumental music only, are being given in a place duly licensed by him as herein provided. Such permission shall only be operative so long as it shall be lawful under the laws of this state to sell or furnish wine, beer or stronger spirituous liquors at such place, and may be revoked at any time by the com- missioner. No person shall employ or furnish or permit or assent to the employment or attendance of any female to wait on, or attend in any manner, or furnish refreshments to the audience or spectators, or any of them, at any of the exhibitions or performances mentioned in said section, or at any other place of public amusement in the city. The provisions of this section shall not be construed to interfere with the right of any incorporated or other society, organized and maintained for the cultivation of vocal or instrumental music, to exercise and practice the same in good faith for themselves only, and not for the observation and entertainment of the public; nor shall the use or occupation by any such society for the purposes aforesaid of any hall or room, connected with any place wherein by the laws of this state it is lawful to sell wine, beer, or strong or spirituous liquors, be construed to make such hall or room a place of public amusement, within the provisions of this act. No license shall be granted for any exhibition or performance, given in viola- tion of this section, and any and every exhibition and performance at which any of the provisions of this section shall be violated, shall of itself vacate, annul and render void and of no effect any license which shall have been previously obtained by any manager, proprietor, owner or lessee consenting to, causing, allowing or letting any part of a building for the purpose of such exhibition and performance. (Charter 1483, 1484.) 11 a. Sale of tickets by ticket offices; issue of licenses; fee; revocation, penalties. No person shall engage in the business of selling the tickets, cards or other tokens evidencing the right of admission to exhibitions or performances conducted by licensees under licenses issued by the commissioner of licenses pursuant to the preceding sections of this article, or shall open or conduct an office, agency or other place by what- ever name known at which such tickets are sold or offered for sale, unless a license shall have been issued to such person by the commissioner of licenses upon the* payment of the fee herein prescribed. Every license shall expire on the first day of May next ensuing the grant thereof. The fee for such a license shall be $250. A licensee under this section, or any officer or employee thereof, shall not directly or indirectly exact, accept or receive for any ticket or other token of admission to an ex- hibition or performance conducted by a licensee under the preceding sections of this article any greater amount than 50 cents in excess of the sum of the regular or established price or charge therefor printed on the face of such ticket, plus the amount of any tax imposed by the Govern- ment of the United States upon such ticket or the right of admission thereunder. The license of any licensee under this section may be revoked and annulled in the manner provided by section 4 of this article, for any violation of this section. Any person who shall engage in any business or conduct an office, agency or other place, for which a license 38 CODE OF ORDINANCES OP THE CITY OP NEW YORK is required by this section, without procuring such license, shall, upon conviction thereof, be liable to the punishment prescribed by section 13 of this article. This section shall not be deemed to require a licensee under sections one and two of this article to obtain an additional license for the sale by him of tickets of admission to a licensed exhibition or performance conducted by him. See Re Gilchrist, 110 Misc. 362. 12. Ticket speculators. No person shall conduct on or in any street in the city, the business of selling or offering for sale any ticket of ad- mission, or any other evidence of any license, contract or right of entry to any performance or exhibition, in or about the premises of any duly licensed theatre, concert hall, place of public amusement, circus, common show, or any place of public amusement for which a license is not re- quired by law; nor shall any person solicit, by words, signs, circulars or other means, any person to purchase any such ticket upon any street. No person shall sell, or offer for sale, on or in any street in the city, or in any building in the city, tickets of admission to any stand or stands erected under the auspices of the municipal or state authorities for the purpose of accommodating spectators of any parade or parades in the streets or thoroughfares of the city of New York, or for any public cere- mony, attraction or banquet to be held in any theatre or other building in the City of New York. Any person who shall violate any provision of this section, shall, upon conviction thereof, be punished as provided in 10 of chapter 27 of this ordinance. Adopted March 3, 1919. Approved March 10, 1919. 13. Violations. Except as otherwise specifically provided therein, any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment for not more than 6 months, or by both such fine and imprisonment; and any such person shall, also for each offense, be subject to the payment of a penalty in the sum of $250, to be recovered in a civil action brought in the name of the city. (Charter 1477; also 1482, 1485 and Ord. Dec. 19, 1907.) ARTICLE 2 MOTION-PICTURE EXHIBITIONS Sec. 30. Definitions. 31. Control of motion-picture theatres. 32. Licenses. 32a. Exceptions. 33. Application for motion-picture theatre licenses. 34. Means of egress. 35. Fire prevention. 36. Fire extinguishing appliances. 37. Heating. 38. Lighting. 39. Ventilating. 40. Sanitation. 41. Public morals. _ 42. Private or non-professional exhibitions of motion pictures. 43. Operators of motion-picture machines. 44. Violations. Sec. 30. Definitions. Unless otherwise expressly stated, whenever used in this article, the following terms shall respectively be deemed to mean : 1. Motion-pictures, a display on a screen or other device of pictures or objects in motion or rapidly changing scenery, whether or not such display shall be accompanied by a lecture, recitation or vocal or instru- mental music; 2. Motion-picture theatre, any public hall or room in which motion- AMUSEMENTS AND EXHIBITIONS 39 pictures are displayed, in which the seating capacity does not exceed 600 persons and in which there is no stage or scenery; 3. Open-air motion-picture theatre, any public place or space in the open air, in which motion pictures are exhibited and in which there is no stage or scenery. (Ord. July 8, 1913, 352a, 352b.) 31. Control of motion-picture theatres. The commissioner of licenses shall regulate and control all motion-picture theatres and open-air motion- picture theatres. The commissioner shall appoint such inspectors as may be necessary to carry out the provisions of this article. (Id., 352c.) Granting a license is in discretion of mayor and not abuse when refused near a school. People ex rel. Moses v. Gaynor, 77 Misc. 576. When moving-pictures were new and before this ordinance there was a question whether they were common shows. Weisblatt v. Bingham, 58 Misc. 328; People v. Wacke, 77 Misc. 196. 32. Licenses. 1. Issue and re-4ssue. All motion-picture theatres and open-air motion-picture theatres must be duly licensed. The commissioner may grant and issue any license required by this section. Motion picture theatre licenses and open-air motion-picture theatre licenses shall expire on the 30th day of June next succeeding the date of the issue thereof. 2. Fees. License fees shall be as follows: For each motion-picture theatre, $100; For each open-air motion-picture theatre, $50; For motion-picture theatre licenses, and open-air motion-picture theatre licenses issued between the 1st day of January and the 30th day of June, inclusive, of any year, one-half the above mentioned fee shall be paid. (New.) 32a. Exceptions. All the provisions of this article excepting the provisions of subdivision 2 of section 30, and subdivision 2 of section 32, and all the provisions of article 24 of chapter 5, excepting the provisions of section 501, subdivisions 1, 3 and 5 of section 502, subdivisions 2, 3 and 4 of section 503, and subdivisions 1, 2 and 4 of section 506, shall apply to any motion-picture theatre in a hotel located at a summer re- sort, where the seating capacity does not exceed 1,000, and in which there is no stage or scenery, and to which no admission fee is charged or exacted ; provided, however, that no such motion picture theatre shall be operated above or below the ground floor of any building and that the Commis- sioner of Licenses shall have power in his discretion to enforce the pro- visions of subdivisions 3 and 4 of section 503, relating to exits and courts. The license fee for a motion-picture theatre as defined by the above paragraph shall be $100. (Ord. eff. July 7, 1916.) 33. Application for motion-picture theatre licenses. Applications for motion-picture theatre licenses or for open-air motion-picture theatre licenses shall be made to the commissioner of licenses, who shall pass upon the location of the theatre and upon the character of the applicant for the license without delay. Upon the application for the issue or reissue of a license for a motion-picture theatre or an open-air motion- picture theatre, the commissioner shall request the fire department, the department of water supply, gas and electricity, the department of health, and the bureau of buildings of the borough in which such theatre is lo- cated, to inspect the same, and the said departments and the appropriate bureau of buildings shall, within ten days after receiving such requests, file in the department of licenses detailed written reports, which shall in- rlude a statement of any violation of law, ordinance rule or regulation relat- ing to such structure, and any dangerous condition existing therein. Upon the failure of any department or bureau, except the fire department and the bureau of buildings having jurisdiction, to file such report, the commissioner may disregard such department or bureau and, in his discretion, may issue a license. Each applicant for a license for a motion- picture theatre or an open-air motion-picture theatre, shall file plans and specifications for the theatre with the bureau of buildings of the borough in which the theatre is situated, or is to be erected or constructed, ami u copy of such plans and specifications, duly approved by the appropri- 40 CODE OF ORDINANCES OP THE CITY OF NEW YORK ate superintendent of buildings, shall be filed in the department of licenses with the application for the license. (Id., 352c rearranged.) 34. Means of egress. 1. Indication. Over every exit there must be painted on the inside in letters not less than 6 inches high, the word "Exit" in legible type, and one red light or illuminated sign must be placed inside over each exit, and illuminated while the audience is present, 2. Obstruction, prohibited. All exit doors and dogrs leading to fire- escapes in all motion-picture theatres and open-air motion-picture theatres must be unlocked when the theatres are open to the public. All passageways and exits to the street required by law or ordinance must be kept free and clear, and shall be used for no other purpose than for entrance and exit to and from the theatre. No aisle, passageway or space in the rear of the seats in such a theatre shall be obstructed by any camp stool, chair, sofa, or settee, nor shall any person be permitted to stand or sit therein. (Id., 352D.) Obstructing aisle a misdemeanor under 1530, Penal Law. People v. Marks, N. Y. Law Journal, Feb. 15, 1913. 35. Fire prevention. 1. Care of films. Every booth in which a motion-picture projecting machine shall be operated shall contain an approved fireproof box for the storage of all picture films not on the projecting machine, and films shall not be stored in any other place on the premises. No film shall be rewound and repaired in a motion- picture theatre, except in the booth or in some other enclosure approved as fireproof by the fire commissioner. The requirements of this section shall apply to portable booths and booths in open-air theatres, as well as to motion-picture theatres. (Id., 352D, 352E.) "2. Cellars. The basement or cellar under the auditorium shall be kept free and clear, except the space used for the heating apparatus, for machinery connected with the theatre and for coal and except further that such basement or cellar if separated from the auditorium by an unpierced floor, either of fireproof construc- tion or covered on the under side with fire-retarding material approved by the Fire Commissioner and Superintendent of Bureau of Buildings, may be occupied for a business deemed by the Fire Commissioner not to be hazardous." (Amend. Nov. 9, 1915.) 36. Fire extinguishing appliances. Portable fire extinguishing ap- pliances, approved by the fire commissioner, shall be provided in every motion-picture theatre and open-air motion-picture theatre, of the fol- lowing kind and number: 1. 10-quart capacity buckets, painted red with the word "Fire" in black, the letters 4 inches high, to the number of 6 for places seating less than 300 without a gallery, and 2 additional if there be a gallery, and to the number of 10 in places seating over 300 persons, and 4 addi- tional buckets if there be a gallery; 2. Fire extinguishers, approved by the fire commissioner, of which 2 shall be on the main floor and 2 in the gallery, if there be one, and 1 in the operating booth; 3. 4-pound flat-head axe's, 2 of which shall be on the main floor and 2 in the gallery, if there be one; 4. 2 buckets filled with dry sand, to be kept in the operating booth. (Id., 352D.) 37. Heating. When the temperature of the outdoor air is below 60 degrees F., the air in a motion-picture theatre, while an audience is present, shall be maintained at a temperature not lower than 62 de- grees F. nor higher than 70 degrees F. If gas stoves, oil stoves or other apparatus throwing off products of combustion are used to heat such a theatre, said products of combustion must be carried to the outside air by means of a fireproof flue or flues. No radiator shall be placed in the aisles of such a theatre, so as to lessen the width below the mini- mum requirement. 38. Lighting. Every portion of a motion-picture theatre, as defined aforesaid, including exits, courts and corridors devoted to the uses or accommodation of the public, shall be so lighted by electric light, during AMUSEMENTS AND EXHIBITIONS 41 all exhibitions and until the entire audience has left the premises, that a person with normal eyesight should be able to read the Snellen stand- ard test type 40 at a distance of 20 feet, and type 30 at a distance of 10 feet; normal eyesight meaning ability to read type 20 at a distance of 20 feet, in daylight. Cards showing types 20, 30 and 40 shall be dis- played on the side walls, together with a copy of this section. 39. Ventilating. Motion-picture theatres, as denned aforesaid, hav- ing less than 200 cubic feet of air space for each person, or motion-picture theatres in which the outside window and door area is less than one- eighth of the floor area, shall be provided with artificial means' of ventila- tion which shall supply, during the time when the audience is present, at least 500 cubic feet of fresh air per hour for each person. Motion-picture theatres having more than 200 cubic feet of air space for each person, or having outside windows and doors the area of which is equal to at least one-eighth of the floor area, shall be provided with artificial means of ventilation, that shall be in operation when the out- side temperature requires the windows to be kept closed, and which shall supply, during the time the audience is present, at least 500 cubic feet of fresh air per hour for each person. When the artificial ventilation is not in operation, ventilation by means of open doors and windows shall be sufficient to provide each person with 500 cubic feet of fresh air per hour. Motion-picture theatres having more than 1 ,000 cubic feet of air space for each person and having outside windows and doors, the area of which is equal to at least one-eighth of the total floor area, shall not t>e required to have artificial means of ventilation, provided the air is thoroughly changed by freely opening doors and windows, immediately before the admission of the audience and at least every 4 hours thereafter. No part of the fresh air supply required by any paragraph of this section shall be taken from any source containing vitiated air. The area of outside doors and windows shall mean the area capable of being freely opened to the outside air for ventilation purposes. When fresh air is supplied by means of ventilating openings, at least 1 inlet shall be sit- uated at one end of the room, and at least 1 outlet at the other end of the room. Where exhaust or inlet fans are necessary, at least 1 of such fans shall be placed in an outlet opening. The inlet opening or openings shall be placed in the floor or within 2 feet from the floor, and the outlet opening or openings in the ceiling, or within 2 feet of the ceiling. The inlet openings and their surroundings shall be kept free from dust so that the incoming air shall not convey dust or stir up dust as it enters. During the time spectators are present, the air in the theatre shall be kept continuously in motion by means of fans to the number of at least 1 to every 150 persons. Such fans shall be placed in positions remote from the inlet and outlet openings. No person shall be exposed to any direct draft from any air inlet. 40. Sanitation. 1. Toilets. Separate toilets for each sex must be pro- vided in every motion-picture theatre and open-air motion-picture theatre. 2. Cleanliness. All motion-picture theatres shall be kept clean and free from dust. Their floors, where covered with wood, tiles, stone, concrete, linoleum, or other washable material, shall be mopped or scrubbed with water, or swept with moisture or by some dustless method, at least once daily, and shall be scrubbed with water and soap or water and some other solvent substance, at least once weekly. All carpets, rugs and other fabric floor coverings in such theatres shall be cleaned at least once daily, by suction cleaning, beating or dustless sweeping. Cur- tains and draperies shall be cleaned at least once monthly, by suction cleaning, beating or washing. Cornices, walls and other dust-holding places shall be kept free from dust by washing or moist wiping. The wood and metal parts of all seats shall be kept clean. Fabric upholstering of scats and railings and other fixed fabrics shall be cleansed by suction cleaning, or other dustless method, at least once monthly. (Id., 352F. 1 ) 41. Public morals. The inspectors of the department of licenses 42 CODE OF ORDINANCES OP THE CITY OF NEW YORK shall investigate the character of exhibitions in motion-picture theatres and open-air motion-picture theatres, and shall report to the commissioner any offense against morality, decency or public welfare committed in said exhibitions. (Id., 352G.) 42. Private or non-professional exhibitions of motion pictures. The provisions of this article shall not apply to motion-picture exhibitions, with or without charge for admission, conducted under the direct management of educational or religious institutions, or held or given in conjunction with and incidental to banquets, enter- tainments, lectures, receptions, or dances, nor to motion-picture exhibitions, without charge for admission, given or held not more than once a week in private residences or in bona fide social, scien- tific, political or athletic clubs, nor to any motion picture exhibi- tions in which the apparatus for projecting such motion pictures uses only an enclosed incandescent lamp, only cellulose acetate or other slow-burning film of a size or perforation differing from the Standard as used in theatrical machines, and is approved by the Fire Commissioner as being unsuitable for the use of inflammable motion-picture films. 1. Before motion pictures shall be exhibited, as above provided, there shall be obtained from the commissioner of licenses a permit for such exhibition, application for which shall have been filed in the department of licenses. 2. Before granting such permit, the commissioner shall cause to be inspected the premises where it is proposed that exhibition shall be held, and shall grant the permit if, in his judgment, the safety of the public is properly guarded, and provided that, for an audience of more than 75 people, all chairs or seats shall be securely fastened to the floor or fastened together in rows; 3. The apparatus for projecting such motion pictures shall be contained in a fire-proof booth or enclosure constructed as required by the law; except the apparatus or motion-picture machine uses only cellulose acetate films of a size or perforation differing from the Standard as used in theatrical machines, and uses only an en- closed incandescent lamp and is approved b}' the Fire Commis- sioner as being unsuitable for the use of inflammable motion-picture films. 4. Every such exhibition shall be subject to the inspection of the officers and inspectors of the department of licenses, for the pur- poses of this article. 5. The commissioner of licenses may, in his discretion, impose a fee for the issuance of such permit, which said fee, however, shall not exceed $5 for one month or part thereof. 6. Nothing contained in the foregoing paragraphs of this section shall be so construed as to permit any person, association or club to hold any motion picture exhibitions, excepting exhibitions held under the direct management of educational or religious institutions or given or held in conjunct ion with and incidental to banquets, en- tertainments, lectures, receptions, expositions or dances, where an admission is charged without the payment of such license fee as is provided for in section 32, article 2, chapter 3 of this ordinance. (Amend., July 1G, 1915 and Dec. 28, 1915.) 43. Operators of motion-picture machines. 1. License required. AMUSEMENTS AND EXHIBITIONS 43 No person shall operate any motion-picture apparatus or any con- nection thereof, unless he shall have been duly licensed as herein- after provided. 2. Application for license. Any person desiring to act as a motion- picture operator shall make application for a license as such to the commissioner of water supply, gas and electricity, who shall furnish to each applicant blank forms of application which he shall fill out and file with the commissioner. 3. Examination. The commissioner shall make rules and regula- tions governing the examination of applicants and the issuance of licenses and certificates; provided that each applicant shall be given a practical examination, under the direction of the commis- sioner. 4. Issue of license and certificate. If, on such examination, the applicant is found to be competent to operate motion-picture appara- tus and its connections, he shall receive the license for which he has applied, within 6 days after his examination; which license shall continue in force for 1 year from the date of issue, unless sooner revoked or suspended. With every license granted there shall be issued to the person obtaining such license a certificate, made by the commissioner or such other officer as the commissioner may desig- nate, setting forth that the person named therein is duly authorized to operate motion-picture apparatus and its connections. 5. Posting certificate. The certificate shall be displayed in a con- spicuous place in the room in which the licensee operates a motion- picture apparatus and its connections. 6. Discipline. The license and certificate may be revoked or suspended at any time by the commissioner, in his discretion, for cause. 7. Renewal of license. Every license, unless revoked or sus- pended, as herein provided, may, at the end of a year from the date of issue thereof, be renewed by the commissioner in his dis- cretion, upon application and with or without further examina- tion as he may direct, but every application for renewal of license must be made within the 30 days previous to the expiration of such license. 8. Unlicensed operators. No person, not licensed as provided in this section, shall be employed to operate or be permitted to operate any motion-picture apparatus, or any connections thereof, in any motion-picture theatre, open-air motion-picture theatre or other place where motion pictures are exhibited, to which the public is admitted, with or without charge for admission. (Adapted from 529a. Charter.) Granting license for moving-picture operator is not judicial act reviewable by certiorari. Matter of Whitten, 152 App. Div. 506. 44. Violations. Any person who shall violate, or refuse or neg- lect to comply with, any provision of this article shall upon con- viction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 30 days, or by both such fine and im- prisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $50, to be re- covered in a civil action. (C. O. 379 slightly changed.) 4* CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 3 COMMON SHOWS Sec. 60. Definition. 61. License required, fee. 62. Violations. t Sec. 60. Definition. A common show shall be deemed to include a carousel, Ferris wheel, gravity steeplechase, chute, scenic cave, bicycle carousel, scenic railway, striking machine, switchback, rnerry-go-round, puppet show, ball game, and all other shows of like character, but not to include games of baseball, nor to authorize gambling or any games of chance. (C. O. 352.) The power to regulate common shows is found in section 51 of the charter. While different kinds of shows are enumerated in the ordinance, this does not ex- clude other shows which contain the same general elements of public exhibition such as are usually conducted on the stage for the benefit and amusement of the public. Mayor, etc., of N. Y. v. Eden Musee American Co. (Ld.), 102 N. Y. 593; Thurber v. Sharp, 13 Bar. 627; Society for Reformation of Juvenile Delinquents v. Newbosch, 16 Week. Dig. 349. And where a license is required and perform- ances are successively given without one, injunction lies. Society for Reformation of Juvenile Delinquents v. Diers, 10 Abb. Pr., N. S., 216. Where as incidental to selling a book on gambling, an exhibition was given, held not to require a license as the exhibition was not the main object. People v. Royal, 23 App. Div. 258. Where a license is required, and the Mayor has power to "grant such licenses," he cannot refuse to do so arbitrarily. Matter of O*Rourke, 9 Misc. 564. Moving- picture show in candy store is a common show requiring a license. Weisblatt v. Bingham, 58 Misc. 328. When license may be suspended and revoked. Fox Amusement Co. v. McClcllan, 62 Misc. 100; McKenzie v. McClellan, 62 Misc. 342. Power to license public amusement is to be used in discretion of officer and is not mandatory upon the tender of fee prescribed. People ex rel. Worth v. Grant, 58 Hun, 455. A moving picture in a hotel where no fee is charged is not a common show requiring license. People v. Wacke, 77 Misc. 196. 61. License required, fee. No person shall maintain or operate a common show without a license therefor, granted and issued by the commissioner of licenses. Such licenses shall expire on the 15th day of March next succeeding the date of issuance thereof, unless sooner suspended or revoked by the commissioner. The fee for such license shall be $25. Licenses, for common shows, now in force, shall expire on the 15th day of March, 1917. Such licenses may be renewed if presented on or before the 16th day of March, 1917, and for each full calendar month of the unexpired term of the old license, a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. (Amend. App. Aug. 8, 1916.) 62. Violations. Any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon con- viction thereof, be punished by a fine of not more than $10, or by imprisonment not exceeding 10 days, or, by both such fine and im- prisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $10, to be recovered in a civil action. (C. O. 379.) Section 60 is within the power of the Board of Aldermen although it defines Misdemeanor. People v. Howell, 109 Misc. 510. BRIDGES 45 CHAPTER 4 Bridges Article 1. General provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Names of bridges. 2. Speed of vehicles on bridges. Sec. 1. Names of bridges. The bridges of the city shall hereafter be known as follows: 1. .Across the East river: a. The New York and Brooklyn bridge shall be designated as the Brooklyn Bridge; b. The new East river bridge shall be designated as the Williams- burg Bridge; c. Bridge No. 3, crossing the East river, shall be designated as the Manhattan Bridge; d. Bridge No. 4, crossing the East river, shall be designated as the Queensboro Bridge. 2. Across the Harlem river: a. The bridge connecting First avenue, borough of Manhattan, and Willis avenue, borough of The Bronx, shall be designated as the Willis Avenue Bridge; b. The bridge on the line of Third avenue, shall be designated as the Third Avenue Bridge; c. The bridge connecting Madison avenue, in the borough of Manhattan, and East 138th street, in the borough of The Bronx, shall be designated as the Madison Avenue Bridge; d. The bridge connecting West 145th street, in the borough of Manhattan, and East 149th street, in the borough of The Bronx, shall be designated as the 145th Street Bridge; e. The bridge connecting West 155th street, borough of Man- hattan, and Jerome avenue, borough of The Bronx, shall be desig- nated as the Macomb's Dam Bridge; f . The bridge connecting West 181st street, borough of Manhattan, and University avenue, borough of The Bronx, shall be designated as the Washington Bridge; g. The bridge connecting West 207th street, borough of Man- hattan, and West Fordham road, borough of The Bronx, shall be designated as the University Heights Bridge; h. The bridge on the line of Broadway shall be designated as the Ship Canal Bridge. 3. Bridges in the borough of The Bronx: a. The bridge over Mott Haven canal, on the line of East 135th street, shall be designated as the 135th Street Bridge; 4b CODE OF ORDINANCES OF THE CITY OF NEW YORK b. The bridge over the Bronx river, on the line of Westchester avenue, shall be designated as the Westchester Avenue Bridge; c. The bridge over Westchester creek, on the line of East 177th street, shall be designated as the Unionport Bridge; d. The bridge over Eastchester bay, connecting Eastern boulevard and Pelham Bridge road, shall be designated as the Pelham Bridge; e. The bridge over Pelham Bay narrows, connecting City Island road and City Island avenue, shall be designated as the City Island Bridge; f. The bridge over Eastchester creek, on the line of Boston road, shall be designated as the Eastchester Bridge. 4. Bridges in the borough of Brooklyn: a. The bridge over Gowanus canal, on the line of Hamilton ave- nue, shall be designated as the Hamilton Avenue Bridge; b. The bridge over Gowanus canal, on the line of 9th street, shall be designated as the 9th Street Bridge; c. The bridge over Gowanus canal, on the line of 3d street, shall be designated as the 3d Street Bridge; d. The bridge over Gowanus canal, on the line of Carroll street, shall be designated as the Carroll Street Bridge; e. The bridge over Gowanus canal, on the line of Union street, shall be designated as the Union Street Bridge; f. The bridge over 5th Street basin (Gowanus canal), on the line of Third avenue, shall be designated as the Third Avenu Bridge; g. The bridge over Wallabout canal, on the line of Washington avenue, shall be designated as the Washington Avenue Bridge; h. The bridge on the line of Metropolitan avenue, over English kills, shall be designated as the Metropolitan Avenue Bridge; i. The bridge over the Coney Island creek, connecting West 18th street and West 17th street, shall be designated as the Harway Avenue Bridge; j. The bridge over Sheepshead bay, on the line of Ocean avenue, shall be 'designated as the Ocean Avenue Bridge; k. The bridge over the Coney Island creek, on the line of the Shell road, shall be designated as the Shell Road Bridge. 5. Newtown creek bridges: a. The bridge connecting Manhattan avenue, borough of Brook- n, and Vernon avenue, borough of Queens, shall be designated as .e Vernon Avenue Bridge. b. The bridge on the line of Greenpoint avenue shall be designated as the Greenpoint Avenue Bridge; c. The bridge connecting Meeker avenue, borough of Brooklyn, and Laurel Hill boulevard, borough of Queens, shall be designated as the Meeker Avenue Bridge; d. The bridge on the line of Grand street, shall be designated as the Grand Street Bridge. 6. Bridges in the borough of Queens: a. The bridge, over Dutch Kills creek, on the line of Borden avenue, shall be designated as the Borden Avenue Bridge; b. The bridge over Dutch Kills creek, on the line of Hunter's Point avenue, shall be designated as the Hunter's Point Avenue Bridge; BRIDGES 47 c. The bridge over Flushing river, on the line of Jackson avenue, shall be designated as the Flushing Bridge; d. The bridge over Flushing river, on the line of Rodman street, shall be designated as the Strong's Causeway Bridge; e. The bridge over Alley creek, on the line of Jackson avenue, shall be designated as the Little Neck Bridge. 7. Bridges in the borough of Richmond: a. The bridge over Lemon creek, on the line of Bayview avenue, shall be designated as the Lemon Creek Bridge; b. The bridge over Richmond creek, on the line of Bridge avenue, shall be designated as the Fresh Kills Bridge. (Ord. Jan. 4, 1915.) 2. Speed of vehicles on bridges. No person shall operate, drive or propel any vehicle, and no owner riding thereon or therein shall cause or permit the same to be driven or propelled upon the Brooklyn bridge at a rate of speed greater than 8 miles per hour, nor upon any other public bridge in the city at a rate of speed greater than 15 miles per hour. (Ord. Jan. 4, 191?,) 48 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 6 Building Code Article 1. General provisions. 2. Materials. 3. Working stresses and loads. 4. Classification of buildings. 5. Restricted areas. 6. Height, size and arrangement. 7. Light and ventilation. 8. Exit facilities. 9. Projections beyond building line. 10. Safeguards during construction. 11. Partition fences and walls. 12. Excavations and foundations. 13. Masonry construction. 14. Wood construction. 15. Iron and steel construction. 16. Reinforced concrete construction. 17. Fireproof construction. 18. Safeguards against the spread of fire. 19. Chimneys, and heating apparatus. 20. Roofing and roof structures. 21. Miscellaneous requirements. 22. Frame buildings. 23. Buildings of a public character. 24. Motion-picture theatres. 25. Theatres and other places of amusement. 26. 27. Elevators. 28. Fire extinguishing appliances. 29. Plumbing and other systems of piping. 30. 31. Unsafe buildings and collapsed structures. 32. Enforcement of chapter. The following embodies the Building Code approved by the Mayor on Oct. 24, 1899, as amended. The power to enact a Building Code is vested in the municipal authorities by section 647 of the Greater New York Charter. (L. 1897, ch. 378.) The commission of experts which was authorized to prepare the Code took as the basis for the work the Laws of 1882, chapter 410, which codified the law under the former City of New York; the Laws of 1888, chapter 583, which codified the build- ing laws of the former City of Brooklyn, and the Laws of 1894, chapter 481. The revised Charter, L. 1901, ch. 466, sec. 43, explicitly confers ample general powers on the Board of Aldermen to "make, establish, alter, modify, amend and repeal all ordinances, rules and . . . building regulations," etc., and section 407 ex- pressly continues in force the Building Code in force on January 1, 1902. Many of the old laws are now superseded by the Tenement House Act. The Building Code in force May 1, 1904, made a chapter of the City Ordinances by L. 1904, ch. 682, sec. 2. It can be amended by the Board of Aldermen under sec. 407, L. 1901, ch. 466. Such ordinances so passed have same effect as an act of the Legislature. City of N. Y. v. Trustees Sailors' Snug Harbor, 85 App. Div. 355; Post v. Kerwin, 133 App. Div. 404; City N. Y. v. Foster, 147 App. Div. 258, sff'd 205 N. Y. 593; Racine v. Morris, 136 App. Div. 467, aff'd 201 N. Y. 240. Board of Aldermen has exclusive power to adopt Building Code. McGuiness v BUILDING CODE 49 Allison Realty Co., 46 Misc. 8. The order of a board or official of Fire Dept. may be examined as to its reasonableness. Fire Dept. v. Gilmqurr, 149 N. Y. 453, The sections of the Building Code are merely ordinances which will be construed and enforced in the same general principles as the general ordinances and Sanitary Code. For some decisions of general application see notes after article 32. 'ARTICLE 1 GENERAL PROVISIONS Sec. 1. Scope. 2. Definitions. 3. Application for permits. 4. Permits. 5. Certificate of occupancy. " 6. Modifications. 7. Rules. 8. Approved materials, appliances and methods of construction. 9. Seal of building bureau. 10. Right of entry of officers and employees. Section 1 . Scope. 1 . Short title. This chapter shall be known and cited as the Building Code. 2. Matter covered. All matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures, erected or to be erected in the city are presumptively provided for in this chapter, except in so far as such provisions are contained in the Charter, the Tenement House Law, the Labor Law, or the rules promulgated in accordance with the provisions of this chapter by the superintendents of buildings of the several boroughs. This section must be complied with, even where a building is being erected for the State. City of N. Y. y. Burleson Hardware Co., 89 App. Div. 222. Jurisdiction of Fire Dept. over buildings erected on docks and piers, upheld as to enforcing Building Laws. N. Y. Fire Dept. v. Atlas S. S. Co., 106 N. Y. 566. 3. Chapter remedial. This chapter is hereby declared to be reme- dial, and shall be construed liberally, to secure the beneficial inter- ests and purposes thereof. 4. All new work to conform. No wall, structure, building or part thereof shall hereafter be constructed, nor shall the plumbing nor drainage, or other equipment, of any building, structure or premises, so far as provided for in this chapter, be constructed or altered in the city, except in conformity with the provisions of this chapter. No building already erected, or hereafter to be built in said city, shall be altered in any manner that would be in violation of any of the provi- sions of this chapter, or any rule or approval of the superintendent of buildings made and issued thereunder; but nothing in this chapter shall prohibit the raising or lowering of any building to meet a change of grade in the street on which it is located, provided that the build- ing is not otherwise altered. 5. Undeveloped localities. In such parts of the city outside the fire limits and suburban limits, in which a system of streets has not been established only so much of the requirements of this chapter shall apply as in the judgment of the superintendent of buildings may be necessary for safety of life and health; but this shall not be construed to permit the erection of any building to exceed in height or area the limits fixed by this chapter for such buildings, 50 CODE OF ORDINANCES OP THE CITY OF NEW YORK 6. Buildings affected. All provisions of this chapter shall apply with equal force to municipal buildings as they do to private build- ings, except as may be specifically provided for by law. 2. Definitions. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this chapter, have the meanings herein indicated. a. Words used in the present tense include the future; words in. the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; "writing" includes printing, and printed or typewritten matter; "oath" in- cludes affirmation; "signature" or "subscription" includes "mark," when the person cannot write, his name being written near it. b. The term "occupied" as applied to any building, shall be con- strued as though followed by the words "or intended, arranged or designed to be occupied." c. The term "approved" as applied to any material, device or mode of construction, means approved by the superintendent of buildings under the provisions of this chapter, or by any other authority designated by law to give approval in the matter in ques- tion. d. The term "owner" includes his duly authorized agent or at- torney, a purchaser, devisee, and any person entitled to an inter- est in the property in question. e. An alteration, as applied to a building or structure, is any change or rearrangement in the structural parts or in the exit facil- ities, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location or position to another. f. The term "curb" when used in denning the height of a building means the mean curb level at that front of the building which faces on the street of greatest width, or, if the greatest width occurs on more than one of the streets on which the building faces, the mean curb level at that point of the building which faces on the street of greatest width and having the highest curb. The term "curb" when used in fixing the depth of an excavation, means the curb level at that point of the curb which is nearest to the point of the excavation in question. g. The term "height" as applied to a building or structure means the vertical distance, measured in a straight line from the curb level, or if the grade of the street has not been legally established or the building does not adjoin the street, from the average level of all the ground adjoining such building, to the highest point of the roof beams in the case of flat roofs, and to the average height of the gable in the case of roofs having a pitch of more than 20 degrees with a horizontal plane. h. A story is that part of any building comprised between any floor and the floor or roof next above. i. A tenement house is a building as defined in the Tenement House Law. Apartment house distinguished. Grimmer v. Tenement House Dept., 204 N. Y. 370. j. The terms "garage," "storage garage," "non-storage garage," BUILDING CODE 51 "motor vehicle repair shop" and "oil selling station" shall have the meanings indicated in chapter 10 of the Code of Ordinances. 3. Application for permits. 1. For construction or alteration. Before the construction or alteration of any building, wall or struc- ture, or any part of either, or of any platform, staging or flooring to be used for standing or seating purposes, and before the construc- tion or alteration of the plumbing or drainage of any building, struc- ture or premises is commenced, the owner or lessee, or agent of either, or the architect or builder employed by such owner or lessee in con- nection with the proposed construction or alteration, shall submit to the superintendent of buildings a detailed statement in triplicate of the specifications, on appropriate blanks to be furnished to applicants by the bureau of buildings, and such plans and structural detail drawings of the proposed work as the superintendent of buildings may require. Such statement, constituting an application for a permit to construct or alter, shall be accompanied by a further statement in writing, sworn to before a notary public or commissioner of deeds, giving the full name and residence of each of the owners of said building, or proposed building, structure or proposed structure, premises, wall, platform, staging or flooring, and by a diagram of the lot or plot on which such construction or alteration is to be made, showing the exact location of any proposed new construction and all existing buildings or structures that are to remain. 2. Authorization of owner. If the construction, alteration or plumb- ing or drainage or the alteration thereof, is to be made or executed by any other person than the owner of the land in fee, the person in- tending to make such construction or alteration, or to construct such plumbing or drainage, shall, either as owner, lessee, or in any representative capacity, accompany the application to build or alter with a statement in writing, sworn to as a aforesaid, giving the full name and residence of each of the owners of the land, building, or proposed building, structure or proposed structure, premises, wall, platform, staging or flooring, and reciting that he is duly authorized to perform said work. Such statement may be made by the agent or architect of the person hereinbefore required to make the same. 3. Notice to demolish. Before any existing building or part of an existing building is demolished, a statement in writing on appropri- ate blanks to be furnished by the bureau of buildings, constituting a notice to demolish, shall be submitted to the superintendent of buildings by the owner or any person authorized by the owner, giving the full name and residence of each of the owners of the building to be demolished, the name and business address of the person who is to do the work and such other information respecting the building as the superintendent of buildings may require. Such notice shall be submitted not less than 48 hours before the work of demolition is commenced. 4. Place of filing. All applications, notices and sworn statements required by this section, and copies of the approved plans shall be kept on file in the office of the superintendent of buildings. Applica- tions shall be promptly docketed as received. For purposes of iden- tification and reference all such papers shall be marked with the block and lot number of the property to which they apply, and with the street and house number when possible. 52 CODE OF ORDINANCES OF THE CITY OF NEW YORK 5. Amendments. Nothing in this chapter shall prohibit the filing of amendments to any application at any time before the comple- tion of the work for which permit was sought, and such amendments, after approval, shall be made part of the application and filed as such. 6. Ordinary repairs excepted. Ordinary repairs to buildings or structures, or to the plumbing and drainage thereof, may be made without notice to the superintendent of buildings, but such repairs shall not be construed to include the cutting away of any wall or any portion thereof, the removal or cutting of any beams or supports, or the removal, change or closing of any stairway or required means of exit, or the alteration of any house sewer, private sewer or drain- age system, or the construction of any soil or waste pipe. 4. Permits. 1. Approval of applications. It shall be unlawful to construct or alter any building, structure, wall, platform, staging or flooring, or any part thereof, or any plumbing and drainage, until the application and plans required by 3 of this article shall have been approved by the superintendent of buildings, and a written permit issued by him. The superintendent of buildings shall ap- prove or reject any application or plan, or amendment thereto, filed with him pursuant to the provisions of this article within a reason- able time and, if approved, shall promptly issue a permit therefor. 2. Approval in part. Nothing in this section shall be construed to prevent the superintendent of buildings from approving and issu- ing a permit for the construction of part of a building or structure, when plans and detailed statements have been presented for the same, before the entire plans and detailed statements of said build- ing or structure have been submitted or approved. 3. Signature to permit. Every permit issued by the superintendent of buildings under the provisions of this chapter shall have his signature affixed thereto, but this shall not prevent the superin- tendent f^om authorizing any subordinate to affix such signature. 4. Limitations. Any permit issued by the superintendent of buildings under the provisions of this article, but under which no work is commenced within one year from the time of issuance; shall expire by limitation. 5. Compliance with plans. The construction or alteration of any building, structure, platform, staging or flooring, or of any plumbing or drainage, shall be in accordance with the approved detailed state- ment of specifications and plans, for which the permit was issued, or any approved amendment thereof. The superintendent may re- quire a certified copy of the approved plans to be kept at all times on the premises from the commencement of the work to the completion thereof. 6. Adherence to diagram. The location of any new building or structure, or of any extension to an existing building or structure, shown on the diagram filed as required by 3 of this article, or on any approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of any lot or plot, a diagram of which has been filed with an application to construct or alter and has been used as the basis for a permit, unless the build- ing or structure for which the permit was issued complies in all re- spects with the requirements of this chapter for buildings or struc* BUILDING CODE 53 tures located on plots of such diminished area, provided, however, that this shall not apply to any case in which the lot area is reduced by reason of any street opening or widening or other public improve- ment. 7. Revocation. The superintendent of buildings may revoke any permit or approval issued under the provisions of this article, in the case of any false statement, or any misrepresentation as to a material fact in the application on which the permit or approval was based. 5. Certificate of occupancy. 1. New buildings. No building here- after erected shall be occupied or used, in whole or in part, for any purpose whatever until a certificate of occupancy shall have been is- sued by the superintendent of buildings certifying that such building conforms substantially to the approved plans and specifications and the requirements of this chapter applying to buildings of its class and kind. 2. Buildings hereafter altered. No building hereafter altered, which was vacant during the progress of the work of alteration, shall be oc- cupied or used, in whole or in part, for any purpose whatever, until a certificate of occupancy shall have been issued by the superintendent of buildings certifying that the work for which the permit was issued has been completed substantially in accordance with the approved plans and specifications and the provisions of this chapter applying to such an alteration; and when the occupancy or use of a building has continued during the work of alteration, the occupancy or use of the building shall not continue for more than 30 days after completion of the alteration unless such certificate shall have been issued. 3. Existing buildings. Nothing in this section shall prevent the continuance of the present occupancy and use of any now existing building, except as may be specifically prescribed by this chapter or as may be necessary for the safety of life or property. Upon written request from the owner, the superintendent of buildings shall issue a certificate of occupancy for any now existing building, certifying, after verification by inspection, the occupancy or use of such build- ing, provided that at the time of issuing such certificate there are no notices of violation, or other notices or orders pending in the bureau of buildings. 4. Change of occupancy. No change of occupancy or use shall be made in any building or part thereof, hereafter erected or altered, that is not consistent with the last issued certificate of occupancy for such building. In case of any now existing building, no change of occupancy that would bring it under some special provision of this chapter, shall be made, unless a certificate is issued by the superintendent of build- ings certifying that such building conforms to the provisions of this chapter with respect to buildings hereafter altered for the proposed new occupancy and use. Nothing in this section shall prevent the issuance by the superin- tendent of buildings of a certificate of occupancy for the reception of persons for medical or charitable care or treatment, for any now existing building erected of non-fireproof construction as defined by subdivision 3 of section 71 of article 4 of this chapter, not exceeding 40 feet in height or 5,000 square feet in area, and enclosed on at least three sides by an open court as defined by section 135 of article 7 of this chapter, such court to be not less than 10 feet in width at all points, and provided that all interior stairways and all vertical shafts are enclosed in partitions of fireproof or fire resisting material, that all openings in such partitions are protected by self-closing fire doors or fire windows, and that proper exit facilities be provided and that boiler room, kitchen and bakery bo separate and apart from the building proper and be constructed of fireproof materials. Adopted April 2, 1918. Approved April 12, 1918. 54 CODE OP ORDINANCES OP THE CITY OP NEW YORK 5. Temporary occupancy. Upon request of the owner or his au- thorized representative, the superintendent of buildings shall issue a temporary certificate of occupancy for part of a building, provided that such temporary occupancy or use would not in any way jeopardize life or property. 6. Contents of certificate. In addition to the certification when re- quired by this section, as to compliance with approved plans and speci- fications, and provisions of this chapter, all certificates of occupancy shall state the purposes for which the building may be used in its several parts, the maximum permissible live loads on the several floors, the number of persons that .may be accommodated in the several stories, in case such number is limited by any provision of this chapter or the approved specifications, and all special stipulations of the permit, if any. 7. ^Issuance and filing. Certificates of occupancy shall be issued within 10 days after written application therefor, if said building at the date of such application shall be entitled thereto. A record of all certificates shall be kept in the bureau of buildings and copies shall be furnished, on request, to any person having a proprietary interest in the building affected. 6. Modifications. In exercising his powers to vary the provisions of this chapter, or any rule authorized thereunder, the superintendent of buildings shall proceed in accordance with the provisions of the Greater New York Charter establishing that power. A record of all modifications shall be kept in the bureau of buildings, properly indexed and open to public inspection during business hours. All modifica- tions, including the applicant's petition for same and the superintend- ent's reasons for granting, shall be published in full in the CITY RECORD within 2 weeks after the superintendent's action, and may be cited as precedents. 7. Rules. 1. Authority to adopt rules. The superintendent of buildings shall have power to adopt such rules with respect to the ma- terials and mode of construction, consistent with the provisions of this chapter, as may be necessary to secure the intent and purposes of this chapter and a proper enforcement of its provisions. For any pro- visions of this chapter referring to the rules of requiring approval of materials or modes of construction, such superintendent shall adopt, when this section becomes effective or as the necessity may arise, such rules as are required or will establish the conditions of approval. So far as practicable such rules shall be uniform in all the boroughs. 2. Procedure. No rule adopted by the superintendent of buildings shall become effective until it shall have been published in the CITY RECORD on eight successive Mondays, and until a public hearing on the same shall have been held, provided, however, that said public hearing shall not be necessary for the purposes of this chapter unless a request shall have been made for such hearing during the said period of publication. Any rule adopted and promulgated as herein provided shall have the same force and effect as any provision of this chapter. All rules heretofore legally promulgated and in force at the time when this section becomes effective shall continue in force, provided they are not inconsistent with any provision of this chapter. 3. Amendment and repeal. The superintendent of buildings may amend or repeal any rule by the same procedure prescribed for the adoption of new rules. 8. Approved materials, appliances and methods of construction. Whenever any materials, appliances or methods of construction have been approved by the superintendent of buildings as conforming to tests prescribed by this chapter, or to any rules adopted thereunder, a notice to that effect shall be published in the CITY RECORD, including BUILDING CODE 56 information as to the conditions under which said materials, appli- ances or methods of construction were tested and approved. A list of such materials, appliances and methods of construction shall be kept on file in the bureau of buildings, properly indexed and open to public inspection during business hours. 9. Seal of building bureau. Each superintendent of buildings may adopt a seal and direct its use in his bureau. 10. Right of entry of officers and employees. Any officer or em- ployee of the bureau of buildings, so far as it may be necessary for the performance of his duties, shall have the right to enter any building or premises in said city upon showing his badge of office. (Amended by ord. effective Dec. 28, 1915.) ARTICLE 2 MATERIALS (As amended by ord. effective May 1, W16) Sec. 20. Quality of materials. 21. Weights of materials. 22. Tests. 23. Brick. 24. Sand. 25. Lime. 26. Cement. 27. Mortar. 28. Concrete. 29. Hollow building blocks. 30. Iron and steel. 31. Timber. Sec. 20. Quality of materials All building materials shall be of a quality to meet the intent of this chapter, and shall conform to such specifications, consistent with the requirements of this chapter, as may be promulgated by the superintendents of buildings. 21. Weights of materials. The weights of various materials in pounds per cubic foot shall be assumed to be as follows: Brickwork 120 Concrete, cinder, used for floor arches or slabs 108 Concrete, cinder, used for filling over fireproof floors 60 Concrete, stone 144 Granite, bluestone and marble 168 Limestone 156 Sandstone , . 144 Oak and longleaf yellow pine 48 Spruce, fir, hemlock, white pine and shortleaf yellow pine 30 22. Tests. 1. When required. New structural material, or struc- tural material not otherwise provided for in this chapter shall subjected to such tests to determine its character and quality, the superintendent of buildings shall direct. Appliances and devices required by any of the provisions of this chapter and new 56 CODE OF ORDINANCES OF THE CITY OF NEW YORK methods of construction shall be subjected to such tests to deter- mine their efficiency, as the superintendent of buildings may direct. Such tests as may be required under this section shall be described in rules promulgated by the superintendent of buildings. 2. Tests of materials. All tests shall be conducted under the supervision of the superintendent of buildings, or his authorized representative. Laboratory tests shall be conducted at a testing laboratory of recognized standing. A superintendent of buildings conducting a test under the provisions of this section shall notify the superintendents of buildings of the other boroughs at least three days in advance of such test. 3. Approval. Any material, appliance, or method of construc- tion meeting the requirements of this chapter or the specifications authorized thereunder shall be approved within a reasonable time after the completion of the tests. All such approvals and the condi- tions under which they are issued shall be published in the CITY RECORD within a month after issuance, and a complete list of all such approvals issued during the year shall be included in the annual report of the superintendent of buildings. The superintendent of buildings may prohibit the use of any materials or appliance failing to conform to the requirements of this chapter or to the rules adopted thereunder. 4. Conditions attaching to approvals. Materials, appliances or methods of construction which have been tested and approved shall be used and installed in accordance with the terms of the approval. So far as practicable all materials and appliances for which approvals have been issued shall have a distinctive brand mark for identifica- tion impressed on or otherwise attached to them. It shall be un- lawful to use any such brand mark on any other material or ap- pliance than that for which the approval was issued. 5. Additional tests. The superintendent of buildings may re- quire any tests to be repeated if there is any reason to believe that the material or appliance is no longer up to the specifications on which the approval was based. 23. Brick. The brick used in the construction of buildings shall be sound, 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. 24. Sand. The sand used for building construction shall be clean, sharp, coarse and silicious. 25. Lime. Quick lime and hydrated lime shall conform to such specifications as may be promulgated by the superintendent of buildings, or, in the absence of such specifications, with the standard specifications of the American Society for Testing Materials. 26. Cement. Portland and natural cements shall conform to such specifications as may be promulgated by the superintendent of buildings in accordance with the provisions of this chapter, or, in the absence of such specifications, with the standard specifications of the American Society for Testing Materials. 27. Mortar. 1. Cement. Cement mortar shall be made of ce-. ment and sand in the proportion of 1 part of cement and not more than 3 parts of sand by volume, or, in the case of bag mortars pre- pared under rules promulgated by the superintendent of buildings, BUILDING CODE 57 in such proportion that the tensile strength per square inch at the age of 28 days shall be not less than 250 pounds when Portland ce- ment is used, and 125 pounds when natural cement is used. Cement mortar shall be thoroughly mixed and shall be used immediately after the addition of water. Not more than 15 per cent of the ce- ment by volume may be replaced by an equal volume of lime. 2. Cement and lime. Cement-lime mortar shall be made of 1 part of lime, 1 part of cement and not more than 3 parts of sand to each by volume. 3. Lime. Except as may be otherwise provided, lime mortar shall be made of 1 part of slacked lime, lime putty or dry hydrated lime, and not more than 4 parts of sand by volume. 28. Concrete. 1. Mixture. Except as may be otherwise pro- vided in this chapter, concrete shall be made of 1 part of cement, and not more than 2^ parts of sand and 5 parts of coarse aggregate. 2. Aggregate. The coarse aggregate shall be granite, trap rock, gravel or other hard, durable material that may be approved by a rule of the superintendent of buildings. When gravel is used it shall be thoroughly washed. Where mass concrete is used, the coarse aggregates shall be of such size as will pass through a two-inch ring. All aggregates shall be free from dust or other deleterious material. 3. Consistency. All concrete shall be a wet mixture, and shall be placed in forms immediately after mixing, and well tamped. No concrete shall be used after initial set has begun. 4. Forms. All forms and centering shall be built in a substantial manner, and with joints sufficiently tight to prevent leakage of the cement. They shall be properly supported and braced as to safely sustain all the load that may be placed upon them during construc- tion. 5. Joints in concrete. Joints formed between portions of concrete placed at different times shall be made in a manner not to injure the completed structure. Before fresh concrete is joined to concret? which has set or partially set, the surface of the old concrete shall be roughened, cleaned and thoroughly wet. 6. Precautions against freezing . No materials containing frost or that are frozen shall be used. Precaution shall be taken to prevent concrete from freezing. After it has been placed in position a tem- perature above 32 degrees F. shall be maintained, by artificial means if necessary, until the concrete has its initial set. 29. Hollow building blocks. 1. Concrete. Hollow building blocks of concrete shall be made of Portland cement and suitable ag- grogiite in such proportions as to develop at the age of 28 days an ultimate crushing strength per square inch of gross area of not less than 750 pounds when tested with the cells placed vertically and 300 pounds when tested with the cells placed horizontally. 2. Terra cotta. Hollow building blocks of terra cotta shall be sound, hard and well burnt and shall develop an ultimate crushing strength per square inch of gross area of not less than 1,200 pounds when tested with the cells placed vertically and 300 pounds with the cells placed horizontally. 3. Absorption. The absorption of hollow building blocks to be used for bearing or enclosing walls shall not exceed 12 per cent, in 48 hours as an average, nor more than 15 per cent, in any case. 58 CODE OF ORDINANCES OF THE CITY OF NEW YORK 30. Iron and steel. 1. Cast iron. Cast iron shall be of good foundry mixture, producing a clean, tough, gray iron. It shall con r form to such specifications as may be promulgated by the superin- tendent of buildings, or, in the absence of such specifications, to the standard specifications of the American Society for Testing Ma- terials for medium gray iron castings. Castings shall be free of serious blowholes, cinder spots and cold shuts. 4. Cast steel. Steel castings for building construction shall be made of open hearth steel, and shall be practically free from blow- holes. Except as may be otherwise prescribed by rules of the super- intendent of buildings, they shall conform to the standard spec- ifications of the American Society for Testing Materials for soft or medium steel castings. 3. Structural steel. All structural steel for buildings shall have an ultimate tensile strength of from 55,000 pounds to 65,000 pounds per square inch. Rivet steel shall have an ultimate strength of from 46,000 to 56,000 pounds per square inch. Except as may be other- wise prescribed by the rules of the superintendent of buildings, steel shall conform to the standard specifications of the American Society for Testing Materials for structural steel for buildings. 31. Timber. All timbers and wood beams used in any building shall be of good sound material, free from rot, large and loose knots, shakes or any imperfection whereby the strength may be impaired. ARTICLE 3 WORKING STRESSES AND LOADS (As amended by ord. effective May 1, 1915) Sec. 50. General provisions. 51. Working stresses. 52. Working stresses for columng. 53. Loads. 54. Wind pressure. 55. Floor capacities. Sec. 50. General provisions. 1. Computations. The dimensions of the several materials and the form of each construction to be used in building shall be computed as required in the various sections of this chapter. 2. Factors of safety. Where the unit stress of any material is not prescribed in this chapter the relation of allowable unit stress to ultimate strength shall be as 1 to 4 for metals, as 1 to 6 for timber, and as 1 to 10 for natural or artificial stones and brick or stone masonry. But wherever working stresses are prescribed in this chapter, the said working stresses shall be used. 3. Temporary supports. Every temporary support placed under any building or structure, or any part thereof, during the erection, finishing, alteration, or repairing of such building or structure or any part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. 51. Working stresses. 1. Safe carrying capacity. The safe BUILDING CODE 59 carrying capacity of the various materials of construction, except in the case of columns, shall be determined by the working stresses in pounds per square inch specified in this section. Unless otherwise indicated, net sectional areas shall be used in determining the safe carrying capacity. 2. Iron and steel. (a) In compression. Rolled steel 16,000 Cast steel 16,000 Cast iron 16,000 Steel pins in bearing 24,000 Steel rivets, shop or power driven, in bearing 24,000 Steel field rivets, hand driven, in Gearing 16,000 Steel field bolts, in bearing 12,000 (b) In tension. Rolled steel 16,000 Cast steel 16,000 Cast iron 3,000 (c) In shear. Steel web plates 10,000 Steel pins and shop or power driven rivets 12,000 Steel field rivets, hand driven 8,000 Steel field bolts 7,000 Cast iron 3,000 (d) In bending extreme fibre. Rolled steel beams and riveted steel beams 16,000 Rolled steel pins, rivets or bolts 20,000 Cast iron, compression side 16,000 Cast iron, tension side 3,000 3. Timber. (a) In compression. Oak with grain 1,400, across grain 1,000 Yellow pine, longleaf with grain 1,600, across grain 1,000 Spruce and Douglas fir with grain 1,200, across grain 800 White pine, shortleaf yellow pine, N. C. pine and fir with grain 1,000, across grain 800 Locust with grain 1,200, across grain 1,000 Hemlock with grain 800, across grain 800 (b) In tension. Oak 1,200 Yellow pine, longleaf 1,200 Shortleaf yellow pine 900 Douglas fir 800 Spruce and fir 800 White pine 700 Hemlock 600 (c) In shear. Oak with grain 200, across grain 1,000 Yellow pine, longleaf with grain 150, across grain 1,000 Shortleaf yellow pine, N. C. pine, Douglas fir with grain 100, across grain 1,000 White pine, spruce and fir with grain 100, across grain 500 Hemlock with grain 100, across grain 600 (d) In bending, extreme fibre. Oak 1,200 60 CODE OP ORDINANCES OF THE CITY OF NEW YORK Yellow pine, longleaf 1,600 Douglas fir, white pine and spruce ' 1,200 Shortleaf yellow pine, N. C. pine 1,000 Hemlock 800 4. Stone in, compression. Granite , 1,000 Greenwich stone 1,200 Gneiss 1,000 Limestone 700 Marble 600 Sandstone 400 Bluestone, North River 2,000 Slate 1,000 5. Masonry in compression. Grout, neat portland cement 1,000 Grout, neat natural cement 500 Concrete, portland cement, 1 :2:4 500 Concrete, portland cement, 1 :23^:5 400 Concrete, natural cement, 1 :2:4 210 Concrete, natural cement, 1 :2^:5 150 Brick work in portland cement mortar 250 Brick work in natural cement mortar 210 Brick work in lime-cement mortar 160 Brick work in lime mortar 110 Rubble stone work in portland cement mortar 140 Rubble stone work in natural cement mortar 110 Rubble stone work in lime-cement mortar 100 Ashlar masonry, other than sandstone 600 Sandstone ashlar masonry 300 Hollow building blocks in cement mortar, Terra cotta, cells vertical, gross area 100 Terra cotta, cells horizontal, gross area 50 Concrete, cells vertical, gross area 75 Concrete, cells horizontal, gross area 30 when filled with 1 :3:6 concrete or better 150 52. Working stresses for columns. 1. General. In columns or compression members with flat ends, of cast iron, steel or wood, the stresses shall not exceed those specified in this section for the re- spective ratios of slenderness. For intermediate ratio of slenderness the working stresses shall be proportionate to those given. 2. Unsupported lengths. Columns and compression members shall not be used having an unsupported length of greater ratios than given in this section. 3. Eccentrically loaded columns. Any column eccentrically loaded shall have the sti esses caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the column, added to all other stresses at that part, shall in no case exceed the working stresses given in this section. The eccentric load of a column may be considered to be distributed equally over the entire area of that column at the next point below that at which the column is securely braced laterally in the direction of the ec- centricity. BUILDING CODE 61 4. Cast iron and steel columns. The working stresses in pounds per square inch of cross section for cast iron and steel columns shall be, when the length divided by the least radius of gyration 120 7,600 for steel 110 8,300 for steel 100 9,000 for steel 90 9,700 for steel 80 10,400 for steel 70 6,200 for cast iron, 11,100 for steel 60 6,600 for cast iron, 11,800 for steel 50 7,000 for cast iron, 12,500 for steel 40 7,400 for cast iron, 13,200 for steel 30 7,800 for cast iron, 13,900 for steel 20 8,200 for cast iron, 14,600 for steel 10 8,600 for cast iron, 15,300 for steel 5. Wood columns. The working stresses in pounds per square inch of cross section for wood posts and columns shall be, when the length divided by least side or diameter equals 30 600 for longleaf yellow pine, 390 for spruce 25 700 for longleaf yellow pine, 475 for spruce 20 800 for longleaf yellow pine, 560 for spruce 15 900 for longleaf yellow pine, 645 for spruce 12 960 for longieaf yellow pine, 696 for spruce 10 1,000 for longleaf yellow pine, 730 for spruce For columns of shortleaf yellow pine, N. C. pine or Douglas fir the working stresses shall not exceed three-fourths of the corresponding values given for longleaf yellow pine; for columns of white pine or fir the working stresses shall be taken the same as for spruce; for columns of white oak the working stresses shall be taken the same as for longleaf yellow pine. 6. Places of public assembly. In a building containing a place of public assembly, not less than 90 pounds upon every superficial foot. 7. Schools. In a building used as a school or place of instruction, not less than 75 pounds upon every superficial foot. 8. Stables and carriage houses. In a building used -as a stable or carriage house, not less than 75 pounds upon every superficial foot. 53. Loads. 1. Dead load. The term "dead load" means the weight of walls, partitions, framing, doors, roofs and all permanent construction entering into any building. 2. Live load. The term "live load" means all forms of loading other than the weight of the material entering into the construction of the building. 3. Floor loads. Every floor, roof, yard, court or sidewalk shall be of sufficient strength in all parts to bear safely any imposed loads, whether permanent or temporary, in addition to the dead loads depending thereon, provided, however, that no floor in any building or extension to an existing building hereafter erected, shall be de- signed to carry less than the following live loads per square foot of area, uniformly distributed according as the floor may be intended or used for the purposes indicated. 40 pounds for residence purposes. 100 pounds for places of assembly or public purpose, except that 62 CODE OP ORDINANCES OF THE CITY OP NEW YORK for classrooms of schools or other places of instruction the floor need not be designed for more than 75 pounds, and 120 pounds for any other purpose, except that the floors of offices need not be designed for more than 60 pounds. The live loads for which any and every floor may be designed shall be clearly shown in the application and on the plans before any permit to erect is issued. 4. Concentrated loads. Every steel floor beam in any building hereafter erected used for any business purpose shall be capable of sustaining a live load concentrated at its centre of at least 4,000 pounds. 5. Moving loads. Running machinery or other moving loads shall be considered as increasing the live loads in proportion to the degree of vibratory impulse transmitted to the floor. 6. Roof loads. Every roof hereafter erected shall be proportioned to bear safely a live load of 40 pounds per square foot of surface when the pitch of such roof is twenty degrees or less with the hor- izontal, and thirty pounds per square foot measured on a horizontal plane, when the pitch is more than twenty degrees. 7. Loads on vertical supports. Every column, post or other ver- tical support shall be of sufficient strength to bear safely the com- bined live and dead loads of such portions of each and every floor as depend upon it foi support, except that in buildings more than five stories in height the live load on the floor next below the top floor may be assumed at ninety-five per cent, of the allowable live load, on the next lower floor at ninety per cent, and on each succeeding lower floor at correspondingly decreasing percentages, provided that in no case shall less than fifty per cent, of the allow- able live load be assumed. 8. Sidewalk loads. For sidewalks between the curb and building lines, the live load shall be taken at 300 pounds per square foot. 9. Yard and court loads. For yards and courts inside the build- ing line, the live loads shall be taken at not less than 120 pounds per square foot. 54. Wind pressure. 1. When considered. All buildings over 150 feet in height and all buildings or parts of buildings in which the height is more than four times the minimum horizontal dimension, shall be designed to resist a horizontal wind pressure of 30 pounds for every square foot of exposed surface measured from the ground to the top of the structure, including roof, allowing for wind in any direction. 2. Stability. The overturning moment due to wind pressure shall not exceed 75 per cent, of the moment of stability of the struc- ture, unless the structure is securely anchored to the foundation. Anchors shall be of sufficient strength to safely carry the excess overturning moment, without exceeding the working stresses pre- scribed in this chapter. 3. Allowable stresses. When, the stress in any member due to wind does not exceed 50 per cent, of the stress due to live and dead loads, it may be neglected. When such stress exceeds 50 per cent, of the stress due to live and dead loads, the working stresses pre- scribed in this chapter may be increased by 50 per cent, in designing such member to resist the combined stresses. BUILDING CODE 63 55. Floor capacities. 1. Estimate of floor capacity. In every building now existing or hereafter erected, occupied wholly or in part as a business building, in which heavy materials are kept or stored, or machinery is introduced, the weight that each floor will safely, sustain shall be estimated by the owner or occupant, or by a competent person employed by the owner or occupant. Such estimate shall be filed with the superintendent of buildings, properly verified by the person making the same in such manner as such superintendent may direct, and shall give full information on which the estimate is based. When such estimate is found to be sat- isfactory and correct, the superintendent of buildings shall approve the same. If the superintendent of buildings shall have cause to doubt the correctness of said estimate, he is empowered to revise and correct the same and for the purpose of such revision the officers and em- ployes of the bureau of buildings may enter any building and re- move so much of any floor or other portion thereof as may be re- quired to make necessary measurements and examination. Any expense necessarily incurred in removing any floor or other portion of any building for the purpose of making any examination herein provided for shall be paid by the comptroller, upon the requisition of the superintendent of buildings, out of the fund paid over to him under the provisions of 639 of this chapter. Such expenses shall be a charge against the person or persons by whom or on whose behalf said estimate was made, provided such examination proves the floors of insufficient strength to carry with safety the loads found upon them when such examination was made; and shall be collected in an action to be brought by the corporation counsel against said person or persons, and the sum so collected shall be Eaid over to the comptroller, to be deposited in said fund in reim- ursement of the amount paid as aforesaid. 2. Posting floor capacities. Before any building hereafter erected is occupied, in whole or in part, as a business building, and before any building already erected but not heretofore occupied as a busi- ness building is occupied or used, in whole or in part, for such pur- pose, the safe live load for each floor as approved by the superin- tendent of buildings shall be posted in a conspicuous place in the story to which it relates. When the safe live load for any existing floor, ascertained as hereinbefore provided, has been approved by the superintendent of buildings, the owner or occupant shall post such approved live load in a conspicuous place or places on each story occupied for any of the purposes indicated in this sec- tion. 3. Loading of floors. No person shall place, or cause or permit to be placed, on any floor of any building any greater load than the approved safe load. 4. Safes. No safe shall be placed on a stair landing or in a stair hall, nor shall its weight be carried by any beam which also carries the floor of any landing or stair hall. Sec. 2. The list of Articles at the head of Chapter 5 of the Code of Ordinances of the City of New York is hereby amended by sub- stituting "Working stresses and loads" for "Strength of materials" as the title of Article 5. 64 CODE OP ORDINANCES OP THE CITY OP NEW YORK ARTICLE 4 CLASSIFICATION OF BUILDINGS (As amended by ord. effective Sept. 1, 1915) Sec. 70. Occupancy. 71. Construction. 72. When buildings are required to be fireproof. 73. When buildings may be non-fireproof. 74. One-story special buildings. Sec. 70. Occupancy. 1. Classes designated. For the purposes of this chapter all buildings or structures shall be classified, with respect to occupancy and use, as public buildings, residence buildings and business buildings, as hereinafter specified and defined. 2. Public buildings. Public buildings are buildings or parts of build- ings in which persons congregate for civic, political, educational, re- ligious or recreational purposes, or in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained by reason of public or civic duty, or for correctional purposes, including among pthers7"court houses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theatres, bath houses, hos- pitals, asylums, armories, fire houses, police stations, jails and pas- senger depots. 3. Residence buildings. Residence buildings are buildings or parts of buildings in which sleeping accommodations are provided, except such as may for other reasons be classed as public buildings, including among others, dwellings, tenement houses, hotels, lodging houses, dormitories, convents, and studios and club houses having sleeping accommodations. 4. Business buildings. Business buildings are buildings or parts of buildings, which are not public buildings or residence buildings, includ- ing among others, office buildings, stores, markets, restaurants, ware- houses, freight depots, car barns, stables, garages, factories, laboratories, smoke houses, grain elevator and coal pockets. 5. Doubtful classifications. In case any building is not specifically provided for or where there is any uncertainty as to its classification, its status shall be fixed by rule promulgated by the superintendent of buildings. 6. Mixed occupancy. In case a building is occupied or used for different purposes in different parts, the provisions of this chapter applying to each class of occupancy shall apply to such parts of the building as come within that class; and if there should be conflicting provisions, the requirements securing the greater safety shall apply. 71. Construction. 1. Classes of construction. For the purposes of this chapter, all buildings or structures shall be classified, with re- spect to construction, as fireproof, non-fireproof and frame. 2. Fireproof. Fireproof buildings or structures are those which are constructed throughout of materials that will resist the action of fire and are constructed as required in Article 17 of this chapter. 3. Non-fireproof. Non-fireproof buildings or structures are those which do not conform to the requirements for fireproof buildings or structures, but which are enclosed with walls of approved masonry or reinforced concrete. 4. Frame. Frame buildings or structures are those of which the exterior walls or any parts thereof are of wood, or which do not con- form to the requirements for fireproof or non-fireproof buildings. 72. When buildings are required to be fireproof. 1 . New buildings. Every building hereafter erected shall be a fireproof building, as follows: BUILDING CODE 65 a. Every public building over 20 feet high, in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained under legal restraint; b. every other public building over 40 feet in height, or exceeding 5,000 square feet in area; c. every residence building, except tenements, over 40 feet in height and having more than 15 sleeping rooms; d. every tenement house exceeding six stories or parts of stories as provided in the Tenement House Law; e. every residence building having more than 15 sleeping rooms, and exceeding 2,500 square feet in area, unless divided by interior par- tition walls of approved masonry or reinforced concrete into sections of less than 2,500 square feet area; f. every other residence building over 75 feet in height; g. every business building exceeding fifty feet in height, used as a garage, motor vehicle repair shop or oil selling station within the fire limits or the suburban limits; every garage within the suburban limits exceeding GOO square feet in area or 15 feet in height, or not located as provided in 91 of this chapter; and every garage, outside these re- stricted areas, over 40 feet in height; except that garages not exceeding 1 story in height may have non-fireproof roofs, and garages not exceed- ing 2 stories in height may likewise have non-fireproof roofs, provided the same are covered on the inside with approved fire retarding material in all cases where motor vehicles, with volatile inflammable oil in their fuel tanks, are stored or kept on the upper floor. Window openings and outside doors in such garages removed at least 30 feet from the nearest exposure, may be non-fireproof. Adopted December 19, 1916, as amended July 3, 1917. Subd. h. Repealed by ordinance adopted July 3, 1917. a in hpjcrht usod as a factory as de- Page 65, section 72, subdivision 1, paragraph g, was amended to read as per first sentence to "within the fire limits or suburban limits"; and everything thereafter stricken out of paragraph g. construction shall be required only when the areas exceeu uouuie uiuoc herein specified for the respective conditions, and provided also that when any such building is divided by approved interior fire walls, fire- proof construction shall be required only when any undivided area exceeds 7,500 square feet. Buildings of greater areas than herein speci- fied for the respective conditions may, considering location and pur- pose, be constructed non-fireproof by special permission of the super- intendent of buildings, provided they do not exceed two stories in height. 2. Alterations. a. By extending. When any building now exist- ing is to be enlarged by extending it on any side so that the enlarged building would exceed the limits of height or area specified in subdivision 1 of this section for a new building, the extension or enlargement shall be constructed fireproof, provided that, in case the existing building is not of fireproof construction, the existing and new portions of the build- ing shall be separated by fire walls. b. By raising in height. No building now existing shall be raised in height so as to exceed the limits of height specified in subdivision 1 of this section unless it is fireproof. 73. When buildings may be non-fireproof. 1. New buildings. Except when required by this article to be fireproof, or when permitted 64 CODE OF ORDINANCES OP THE CITY OP NEW YORK ARTICLE 4 CLASSIFICATION OF BUILDINGS (As amended by ord. effective Sept. 1, 1915) Sec. 70. Occupancy. 71. Construction. 72. When buildings are required to be fireproof. 73. When buildings may be non-fireproof. 74. One-story special buildings. Sec. 70. Occupancy. 1. Classes designated. For the purposes of this chapter all buildings or structures shall be classified, with respect to occupancy and use, as public buildings, residence buildings and business buildings, as hereinafter specified and defined. 2. Public buildings. Public buildings are buildings or parts of build- ings in which persons congregate for civic, political, educational, re- ligious or recreational purposes, or in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained by reason of public or civic duty, or for correctional purposes, including among othersT""court houses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theatres, bath houses, hos- pitals, asylums, armories, fire houses, police stations, jails and pas- senger depots. 3. Residence buildings. Residence buildings are buildings or parts of buildings in which sleeping accommodations are provided, except such as may for other reasons be classed as public buildings, including among others, dwellings, tenement houses, hotels, lodging houses, rJonrutorifS r>nnironfa arirJ afn^J^o n^J ~1-.r t>. Mixed occupancy. In case a building is occupied or used for different purposes in different parts, the provisions of this chapter applying to each class of occupancy shall apply to such parts of the building as come within that class; and if there should be conflicting provisions, the requirements securing the greater safety shall apply. 71. Construction. I. Classes of construction. For the purposes of this chapter, all buildings or structures shall be classified, with re- spect to construction, as fireproof, non-fireproof and frame. 2. Fireproof. Fireproof buildings or structures are those which are constructed throughout of materials that will resist the action of fire and are constructed as required in Article 17 of this chapter. 3. N on- fireproof. Non-fireproof buildings or structures are those which do not conform to the requirements for fireproof buildings or structures, but which are enclosed with wails of approved masonry or reinforced concrete. 4. Frame. Frame buildings or structures are those of which the exterior walls or any parts thereof are of wood, or which do not con- form to the requirements for fireproof or non-fireproof buildings. 72. When buildings are required to be fireproof. 1 . New buildings. Every building hereafter erected shall be a fireproof building, as follows: BUILDING CODE 65 a. Every public building over 20 feet high, in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained under legal restraint; b. every other public building over 40 feet in height, or exceeding 5,000 square feet in area; c. every residence building, except tenements, over 40 feet in height and having more than 15 sleeping rooms; d. every tenement house exceeding six stories or parts of stories as provided in the Tenement House Law; e. every residence building having more than 15 sleeping rooms, and exceeding 2,500 square feet in area, unless divided by interior par- tition walls of approved masonry or reinforced concrete into sections of less than 2,500 square feet area; f. every other residence building over 75 feet in height; g. every business building exceeding fifty feet in height, used as a garage, motor vehicle repair shop or oil selling station within the fire limits or the suburban limits; every garage within the suburban limits exceeding 600 square feet in area or 15 feet in height, or not located as provided in 91 of this chapter; and every garage, outside these re- stricted areas, over 40 feet in height; except that garages not exceeding 1 story in height may have non-fireproof roofs, and garages not exceed- ing 2 stories in height may likewise have non-fireproof roofs, provided the same are covered on the inside with approved fire retarding material in all cases where motor vehicles, with volatile inflammable oil in their fuel tanks, are stored or kept on the upper floor. Window openings and outside doors in such garages removed at least 30 feet from the nearest exposure, may be non-fireproof. Adopted December 19, 1916, as amended July 3, 1917. Subd. h. Repealed by ordinance adopted July 3, 1917. i. every building over four stories in height used as a factory as de- fined in the Labor Law; j. every building or structure within the fire limits or the suburban limits used as a grain elevator or a coal pocket; k. every business building over 75 feet in height; 1. every business building within the fire limits or the suburban limits which exceeds an area of 7,500 square feet when located on an interior lot or when facing on only one street, or 12,000 square feet when facing on two streets, or 15,000 square feet when facing on three or more streets, provided that when any such building is equipped throughout with an approved system of automatic sprinklers, fireproof construction shall be required only when the areas exceed double those herein specified for the respective conditions, and provided also that when any such building is divided by approved interior fire walls, fire- proof construction shall be required only when any undivided area exceeds 7,500 square feet. Buildings of greater areas than herein speci- fied for the respective conditions may, considering location and pur- pose, be constructed non-fireproof by special permission of the super- intendent of buildings, provided they do not exceed two stories in height. 2. Alterations. a. By extending. When any building now exist- ing is to be enlarged by extending it on any side so that the enlarged building would exceed the limits of height or area specified in subdivision 1 of this section for a new building, the extension or enlargement shall be constructed fireproof, provided that, in case the existing building is not of fireproof construction, the existing and new portions of the build- ing shall be separated by fire walls. b. By raising in height. No building now existing shall be raised in height so as to exceed the limits of height specified in subdivision 1 of this section unless it is fireproof. 73. When buildings may be non-fireproof. 1. New buildings. Except when required by this article to be fireproof, or when permitted 66 CODE OF ORDINANCES OP THE CITY OP NEW YORK by Article 5 or Article 22 of this chapter to be frame, any building here- after erected may be non-fireproof. 2. Alterations. Except when required by this article to be fire- proof, or when permitted by Article 5 or Article 30 of this chapter to be frame, any building which shall hereafter be enlarged in any manner, may be non-fireproof. 3. Special fire protection. In all non-fireproof buildings hereafter erected or hereafter altered or converted to be used as garages, motor vehicle repair shops or oil selling stations the columns and girders, unless of 'fireproof construction, and all wood floor and roof construc- tion shall be covered and protected on all sides with such fire retarding materials and in such manner as may be prescribed by the rules of the Board of Standards and Appeals, except that when such buildings are not more than one story high, without basement or cellar, such pro- tection shall not be required for the roof construction. Existing non-fireproof buildings heretofore occupied as garages, motor vehicle repair shops or oil selling stations shall not be required to comply with the provisions of this sub-division, except as may be specifically provided in rules hereafter adopted by the Board of Standards and Appeals. (New.) Adopted July 3, 1917. Became effective July 17, 1917. 74. One-story special buildings. Nothing in this article shall prohibit the use of sheet metal not less than No. 26 gauge in thickness, or other approved incombustible, weatherproof material of such character and thickness as may be prescribed by rules of the Board of Standards and Appeals, for the exterior walls of any building, irrespective of occupancy or location, except when otherwise specifically prescribed by this chapter; provided that such building is not more than one story high above the curb or the surrounding ground level, and that all sides, except for necessary window and door openings, and the roofs of such buildings are of the same material and construction, and provided further that the area does not exceed 1,250 square feet, and the side walls 15 feet in height. (New.) Adopted May 1, 1917. Became effective May 15, 1917. ARTICLE 5 RESTRICTED AREAS Sec. 90. Fire limits. 91. Suburban limits. 92. Enlarging buildings. 93. Repair of damaged buildings. 94. Moving buildings. 95. Buildings in process of construction. 96. Frame buildings permitted. Sec. 90. Fire limits. Except as otherwise specifically provided in this chapter, or as the same may be amended from time to time, no frame, wood or other combustible structure shall be hereafter built in the city within the following limits hereinafter referred to as the fire limits and no person shall maintain, occupy or use any such structure erected in violation of any provision of this ordinance: 1. In the borough of Manhattan: Beginning at a point on the North river at the Battery, and running thence northerly along the pierhead line to a point 100 feet north of the northerly side of Dyckman street; thence running easterly 100 feet north of and parallel to the northerly side of Dyckman street to a point 100 feet west of the westerly side of Seaman avenue; thence running northerly 100 feet west of and par- allel to the westerly side of Seaman avenue to a point 100 feet south of the southerly side of W. 215th st.; thence running easterly 100 feet south of and parallel to the southerly side of W. 215th st., to a point BUILDING CODE 67 100 feet west of the westerly side 'of Broadway; thence running northerly 100 feet west of and parallel to the westerly side of Broadway to the bulkhead line of the Harlem ship canal; thence easterly and southerly along the bulkhead line of the Harlem ship canal and the Harlem river to the Bronx kills; thence easterly along the bulkhead line of the Bronx kills to the East river; thence southerly along the East river to the east of Randalls, Wards and Blackwells islands and along the pierhead line of the East river to the North river, at the place of beginning. (Ord. app. Aug. 14, 1914.) 2. In the borough of the Bronx: a. Beginning at a point on the eastern bulkhead line of the Harlem river at the intersection with the centre line of Washington bridge to Aqueduct ave., thence running northerly along the centre line of Aqueduct aye. to Featherbed lane, thence run- ning northeasterly along the centre line of Featherbed lane to Macombs road, thence running southerly along the centre line of Macombs road to 174th st., thence running easterly along the centre line of 174th st. to a point 100 feet west of the westerly side of Jerome ave., thence running northerly 100 feet west of and parallel to the westerly side of Jerome ave. to Woodlawn road, thence running southeasterly along the centre line of Woodlawn road to a point 100 feet east of the easterly side of Jerome ave., thence running southerly 100 feet east of and parallel to the easterly side of Jerome ave., to E. 174th st., thence run- ning easterly along the centre line of E. 174th st. to a point 100 feet west of the westerly side of Webster ave., thence running northerly 100 feet west of and parallel to the westerly side of Webster ave. to a point 100 feet north of the northerly side of Gun Hill road, thence running easterly 109 feet north of and parallel to the northerly side of Gun Hill road to a point 100 feet west of the westerly side of White Plains road, thence running westerly 100 feet south of and parallel to the southerly side of Gun Hill road to the westerly line of the right of way of the New York and Harlem railroad, thence running southerly along the westerly line of the right of way of the New York and Harlem railroad to a point 100 feet north of the northerly side of Fordham road, thence running easterly 100 feet north of and parallel to the northerly side of Fordham road to the westerly boundary of Bronx park, thence running southerly along the westerly boundary and easterly along the southerly boundary of Bronx park to the Bronx river, thence running southerly along the centre line of the Bronx river to a point 100 feet north of the northerly side of Walker ave., thence running easterly 100 feet north of and parallel to the northerly side of Walker ave. to a point 100 feet west of ths westerly side of Morris Park Ave., thence running northeasterly 100 feet northwest of and parallel to the northwesterly side of Morris Park ave. to a point 100 feet west of the westerly side of White Plains road, thence running northerly 100 feet west of and parallel to the westerly side of White Plains road to the northerly boundary line of the city, thence running easterly along said boundary line to a point 100 feet east of the easterly side of White Plains road, thence running southerly 100 feet east of and parallel to the easterly side of White Plains road to a point 100 feet south of the southerly side of Morris Park ave., thence running southwesterly 100 feet southeast of and parallel to the south- easterly side of Morris Park ave. to a point 100 feet south of the southerly side of Walker ave., thence running westerly 100 feet south of and parallel to the southerly side of Walker ave. to the Bronx river, thence running southerly along the centre line of the Bronx river to a point 100 feet north of the northerly side of Westchester ave., thence run- ning easterly 100 feet north of and parallel to the northerly side of Westchester ave. to the Eastern boulevard, thence running southerly across Westchester ave. to a point 100 feet south of the southerly side of Westchester ave., thence running westerly 100 feet south of and parallel to the southerly side of Westchester ave. to the Bronx river, thence running southerly along the centre line of the Bronx river to the 68 CODE OF ORDINANCES OF THE CITY OF NEW YORK East river, thence running southeasterly along the East river, north- westerly along the Bronx kills and northerly along the Harlem river to the point of beginning; b. Also, beginning at a point on the boundary line between the boroughs of The Bronx and Manhattan in the bed of the old Spuyten Duyyfl creek 100 feet west of the westerly side of Broadway, thence running northerly 100 feet west of and parallel to the westerly side of Broadway to the city line, thence running easterly along the city line to the east side of Broadway, thence running southerly along the easterly side of Broadway to the northerly side of Van Cortlandt park south, thence running easterly to a point 100 feet east of the easterly side of Broadway, thence running southerly 100 feet east of and parallel to the easterly side of Broadway to the boundary line between the boroughs of The Bronx and Manhattan, thenoe running westerly along said boundary line to the point of beginning. 3. In the Borough of Brooklyn: a. Beginning at the junction of Newtown creek with the East river, thence running along Newtown creek and the borough line between Brooklyn and Queens to Chaun- cey St., thence running southwesterly along the centre line of Chaun- cey st. to Central ave., thence running southeasterly along the centre line of Central ave. to the boundary line of Evergreen cem- etery, thence running southerly along the boundary line of Ever- green cemetery to Highland boulevard, thence running northeasterly along the centre line of Highland boulevard to Highland park, thence running southerly along the boundary line of Highland park to Ja- maica ave., thence running easterly along the northerly side of Jamaica ave. to the borough line between Brooklyn and Queens, thence running southerly along said borough line to a point 100 feet south of the southerly side of Jamaica ave., thence running westerly 100 feet south of and parallel to the southerly side of Ja- maica ave. to a point 100 feet east of the easterly side of Norwood ave., thence running southerly 100 feet east of and parallel to the easterly side of Norwood ave. to Atlantic ave., thence running easterly along the centre line of Atlantic ave., to a point 100 feet east of the easterly side of Milford st., thence running southerly 100 feet east of and parallel to the easterly side of Milford st. to a point 100 feet south of the southerly side of New Lots ave., thence running westerly 100 feet south of and parallel to the southerly side of New Lots ave. to a point 100 feet south of the southerly side of Riverdale ave., thence running westerly 100 feet south of and parallel to the southerly side of Riverdale ave. to a point 100 feet west of the west- erly side of E. 98th st., thence running northwesterly 100 feet west of and parallel to the westerly side of E. 98th st. to a point 100 feet south of the southerly side of Clarkson ave., thence running westerly 100 feet south of and parallel to the southerly side of Clarkson ave. across Remsen ave. and continuing 100 feet south of and parallel to the southerly side of Clarkson ave. to a point 100 feet east of the easterly side of Flatbush ave., thence running southerly 100 feet east of and parallel to the easterly side of Flatbush ave. to a point opposite the junction of Kings highway with Flatbush ave., thence running westerly across Flatbush ave. to a point 100 feet west of the westerly side of Flatbush ave., thence running northerly 100 feet BUILDING CODE 69 west of and parallel to the westerly side of Flatbush ave. to a point 100 feet south of the southerly side of Church ave., thence running westerly 100 feet south of and parallel to the southerly side of Church ave. to a point 100 feet southeast of the southeasterly side of 14th ave., thence running southwesterly 100 feet southeast of and parallel to the southeasterly side of 14th ave. to a point 100 feet southwest of the southwesterly side of 60th st., thence running northwesterly 100 feet southwest of and parallel to the southwest side of 60th st. to New York bay, thence running northerly along the pierhead line of New York bay, Gowanus bay, Buttermilk chan- nel and the East river to the point of beginning; b. Beginning at a point at the intersection of the Atlantic Ocean and W. 5th st., thence running northerly along the centre line of W. 5th st. to a point 100 feet north of the northerly side of Surf ave., thence running westerly 100 feet north of and parallel to the north- erly side of Surf. ave. to W. 8th st., thence running westerly along the southerly side of the right of way of the Norton s Point railroad to W. 37th st., provided that at no point along said right of way shall these limits be taken at a distance less than 100 feet north of the northerly side of Surf ave., thence running southerly along the centre line of W. 37th st. to the Atlantic Ocean, thence running easterly along the shore line to the point of beginning; 4. In the borough of Queens, a. Beginning at a point in the bulk- head line of the East river at its intersection with the centre line of Winthrop ave., thence running southeasterly along the centre line of Wintrhop ave. to a point 100 feet southeast of the southeasterly side of Steinway ave., thence running southwesterly 100 feet southeast of and parallel to the southeasterly side of Steinway ave. to a point 100 feet north of the northerly side of Astoria ave., thence running easterly 100 feet north of and parallel to the northerly side of Astoria ave. to the Old Bowery bay road, thence running southerly along the centre line of the Old Bowery bay road to Woodside ave., thence running southerly along the centre line of Woodside aye. to Middle- burg ave., thence running westerly along the centre line of Middle- burg ave. to Dickson st., thence running southerly along the centre line of Dickson st. to a point 100 feet south of the southerly side of Greenpoint ave., thence running westerly 100 feet south of and parallel to the southerly side of Greenpoint ave. to Borden ave., thence running easterly along the centre line of Borden ave. to Laurel Hill boulevard, thence running southwesterly along the centre line of Laurel Hill boulevard to Meeker ave., thence running south- erly along the centre line of Meeker ave. to Newtown Creek, thence along Newtown creek to the East river, thence running northerly along the bulkhead line of the East river to the place of beginning. (Amend Nov. 9, 1915.) b. Beginning at a point on the borough line between Queens and Brooklyn intersected by a line distant 100 feet north of and parallel to the northerly side of Metropolitan ave., thence running easterly 100 feet north of and parallel to the northerly side of Metropolitan ave. to a point 100 feet east of the easterly side of Fresh Pond road, thence running southerly 100 feet east of and parallel to the easterly side of Fresh Pond road to Myrtle ave., thence running southerly along the Long Island railroad to the borough line between Queens 70 CODE OF ORDINANCES OF THE , CITY OF NEW YORK and Brooklyn, thence running northwesterly along said Borough line to the point of beginning; c. Beginning at a point on the borough line between Queens and Brooklyn 100 feet north of the northerly side of Jamaica ave., thence running easterly 100 feet north of and parallel to the northerly side of Jamaica ave., to Brenton ave., thence running southerly across Jamaica ave. to a point 100 feet south of the southerly side thereof, thence running westerly 100 feet south of and parallel to the southerly side of Jamaica ave. to a point 100 feet east of the easterly side of Roseville ave., thence running southerly 100 feet east of and parallel to the easterly side of Roseville ave. to Mandsley st., thence running westerly across Roseville ave. to a point 100 feet west of the westerly side thereof, thence running northerly 100 feet west of and parallel to the westerly side of Roseville ave. to a point 100 feet south of the southerly side of Jamaica ave., thence running westerly 100 feet south of and parallel to the southerly side of Jamaica avenue to the boundary line between the boroughs of Queens and Brooklyn, thence running northerly along said boundary line to the place of beginning; d. Beginning at a point on the centre line of Madison street, Flushing, 100 feet west of the westerly side of Main street, thence running northerly 100 feet west of and parallel to the westerly side of Main street to Jackson ave., thence running easterly along the centre line of Jackson ave. to a point 100 feet east of the easterly side of Main street, thence running southerly 100 feet east of and parallel to the easterly side of Main street to Madison street, thence running westerly along the centre line of Madison street to the point of beginning. e. (See page 579). The erection of a frame dwelling in a manner forbidden by the ordinance, does not give private citizen right to an injunction unless special injury to him be shown. Young v. Scheu, 56 Hun, 307. Wooden building created vested right, which can- not be revoked by ordinance. City of Buffalo v. Chodeoyne, 45 St. Rep. 765. 91. Suburban limits. Except as otherwise specifically^ provided in this chapter, no frame or wood structure shall be built hereafter within the following areas or limits hereinafter referred to as "Subur- ban Limits," and it shall be unlawful to maintain, occupy or use any such structure erected in violation of any of the provisions of this ordinance, provided, however, that nothing herein contained shall prevent the erection, maintenance or occupancy of any frame build- ing to be used exclusively for residence purposes with not more than 15 sleeping rooms and covering not more than 85 per cent, of the width of the lot or plot on which it is erected, and maintaining on at least one side an open space or open spaces as may be necessary to preserve such restriction, or of any one-story frame stable or garage not exceeding 600 square feet in area or 15 feet in height and erected on the same plot with a one or two-family building and maintained on all sides at least 4 feet from any lot line. 1. In the borough of Manhattan, all that portion of the borough not included in the fire limits. 2. In the borough of The Bronx, all that portion of the borough lying between the fire limits and the following boundaries: Beginning at the Hudson river and running easterly along the boundary line between the borough of The Bronx and Westchester BUILDING CODE 71 county to a point 100 feet east of the easterly side of Barnes avenue, thence southerly 100 feet east of and parallel to the easterly side of Barnes avenue to a point 100 feet east of the easterly side of Bronxwood avenue, continu- ing southerly 100 feet east of and parallel to the easterly side of Bronxwood avenue to a point 100 feet south of the southerly side of Adee avenue, thence easterly 100 feet south of and parallel to the southerly side of Adee ave. to a point 100 feet east of the easterly line of Lacpnia ave., thence southerly 100 feet east of and parallel to the easterly side of La- conia ave. to a point 100 feet south of the southerly side of Waring avenue, thence easterly 100 feet south of and parallel to the southerly side of Waring avenue to the centre of Givan's basin, thence southeasterly and easterly along the centre line of Givan's basin to Eastchester creek, thence southeasterly and southerly through Eastchester crock and Eastchester bay to a line 100 feet south of and parallel with the south- erly side of Waterbury ave., thence westerly along a line running 100 feet south of and parallel to the southerly side of Waterbury ave. to Westchester creek, thence southerly along the center line of West- chester creek to a point 100 feet south of the southerly side of Lafayette avenue, thence westerly 100 feet south of and parallel to the south- erly side of Lafayette avenue to a point 100 feet west of the westerly side of White Plains road, thence northerly 100 feet west of and parallel to the westerly side of White Plains road to a point 100 feet south of the southerly side of Watson avenue, thence westerly 100 feet south of and parallel to the southerly side of Watson avenue to the Bronx river. Excepting that portion of the borough lying within the following described area: Beginning at a point at the interesection of the centre line of the Bronx River, 100 feet south of Walker avenue (formerly West Farms road), running easterly along the southerly line of E. 177th street to the right of way of the New York, New Haven and Hartford Railroad; thence southerly along the west side of the right of way of New York, New Haven and Hartford Railroad to the northerly side of E. 174th street; thence westerly along the north side of E. 174th street to the centre line of the Bronx River; thence northerly along the centre line of the Bronx River to the point or place of beginning. Adopted March 27, 1917. Became effective April 10, 1917. 3. In the borough of Brooklyn, all that portion of the borough lying between the fire limits and the following boundaries: Beginning at the Atlantic Ocean on a line 100 feet east of and parallel to the easterly side of Ocean parkway, running thence northerly 100 feet east of and parallel to the easterly side of Ocean parkway, to a point 100 feet south of the southerly side of Neptune ave.; thence easterly 100 feet south of and parallel to the southerly side of Neptune avenue, to a point 100 feet east of the easterly side of Coney Island avenue; thence southerly 100 feet east of and parallel to the easterly side of Coney Island avenue, to the Atlantic Ocean; thence easterly along the line up to the Atlantic Ocean to a point 100 feet east of the easterly side of Thornhill street (Manhattan Beach Estates), running thence northerly 100 feet east of and parallel to the easterly side of Thornhill street, continuing across Shcepshead bay till it intersects with a line drawn 100 feet north of and parallel to the northerly side of Emmons avenue, thence westerly 100 feet north of and parallel to the northerly side of Emmons avenue to a point 100 feet east of the easterly side of Batchelder street, thence northerly 100 feet east of and parallel to the easterly side of Batchelder street to a point 100 feet north of the northerly side of Avenue Z, thence westerly 100 feet north of and parallel to the northerly side of Avenue Z to a point 100 feet east of the easterly side of Ocean avenue; thence northerly 100 feet east of and parallel to the easterly side of Ocean avenue to a point 100 feet south of the southerly side of Avenue 1 T , thence easterly 100 feet south of and parallel to the southerly side of Avenue 72 CODE OF ORDINANCES OP THE CITY OF NEW YORK U to a point 100 feet east of the easterly side of Nostrand avenue, thence northerly 100 feet east of and parallel to the easterly side of Nostrand avenue to a point 100 feet south of the southerly side of Avenue N, thence easterly 100 feet south of and parallel to the southerly side of Avenue N, to a point 100 feet west of the westerly side of East 35th street, thence southeasterly 100 feet southwest of and parallel to the southwesterly side of E. 35th street to a point 100 feet southeast of the southeasterly side of Flatlands ave., thence northeasterly 100 feet southeast of and parallel to the southeasterly side of Flatlands ave. to a point 100 feet east of the easterly side of Schenectady avenue, thence northerly 100 feet east of and parallel to the easterly side of Schenectady avenue to a point 100 feet south of the southerly side of Clarendon road, thence easterly 100 feet south of and parallel to the south side of Claren- don road to a point 100 feet southeast of the southeasterly side of Dit- mas avenue, thence northeasterly 100 feet southeast of and parallel to the southeasterly side of Ditmas avenue to a point 100 feet northeast of the northeasterly side of East 98th street, thence northwesterly 100 feet northeast of and parallel to the northeasterly side of East 98th street to a point 100 feet south of the southerly side of Vienna ave., thence easterly 100 feet south of and parallel to the southerly side of Vienna avenue to a point 100 feet east of the easterly side of Fountain avenue, thence nor- therly 100 feet east of and parallel to the easterly side of Fountain avenue to a point 100 feet south of the southerly side of Sutter avenue, thence easterly 100 feet south of and parallel to the southerly side of Sutter avenue to the boundary line of Queens borough. Excepting, however, the premises beginning at the Atlantic Ocean at the easterly side of Ocean Avenue, running thence northerly along the easterly side of Ocean Avenue to Oriental Boulevard, thence easterly along the southerly side of Oriental Boulevard to the westerly side of Irwin Street; thence southerly along the westerly side of Irwin Street to the Atlantic Ocean; thence along the Atlantic Ocean to the point of beginning. Adopted January 1, 1917. Approved January 12, 1917. 92. Enlarging buildings. Except as otherwise specifically provided in this chapter, or as the same shall be amended from time to time, no existing frame, wood or other combustible structure shall be enlarged within the fire limits, or suburban limits, except in conformity with the provisions of this chapter with respect to new structures. 93. Repair of damaged buildings. 1. When prohibited. Within the fire limits any existing frame, wood, or other combustible struc- tures which, in the judgment of the superintendent of buildings of the borough, may be damaged from any cause whatsoever to an amount greater than one-half of the value thereof exclusive of the foundations or may be in need of structural repairs to an amount greater than one- half of its value exclusive of the foundations, shall not be repaired or rebuilt, but shall be taken down. 2. Surveys. In case the owner or owners of the structure which may be damaged or in need of repairs shall be dissatisfied with the decision of the superintendent of buildings as to the extent of such dam- age or need of repairs, then the amount or extent of such damage or required repairs shall be determined by competent surveyors, one ap- pointed by the superintendent of buildings, one by the owner or owners of the structure and, in case these two do not agree, one selected by them jointly. The report of the surveyors shall be reduced to writing and, when signed by any two of them, shall be conclusive. No building ths subject of survey shall be in any manner repaired, altered or rebuilt until after the decision of the surveyors shall have been rendered. 94. Moving buildings. No frame, wood or other combustible struc- ture shall be moved from without to within the fire limits. (Ord. eff. June 22, 1915.) BUILDING CODE 73 95. Buildings in process of construction. Nothing herein con- tained shall prevent the erection or completion of a frame structure for which a permit has been lawfully issued at the tune this ordinance shall take effect within such portions of the fire limits as were not heretofore included within the fire limits of the city; provided the work thereon shall be diligently prosecuted so that the structure shall be completed within 15 months after the passage of this ordi- nance. In case any such structure shall not be completed within the said period the holder of the permit therefor shall be deemed to have forfeited all rights and privileges thereunder and the uncompleted building or structure shall be taken down and removed within 60 days after the date of the forfeiture of such permit. 96. Frame buildings permitted. If any block situated within the fire limits has 90 per cent, of the buildings erected thereon con- structed of frame, any vacant lot situated therein may have a frame building placed or constructed thereon, provided the same be not more than 2 stories and basement in height and is to be used for residence purposes only. (Ord. app. Aug. 14, 1914.) ARTICLE 6 HEIGHT, SIZE AND ARRANGEMENT Sec. 110. v ARTICLE 7 LIGHT AND VENTILATION (Added by ord. effective Dec. 28 1 1916) Sec. 130. Rooms in residence buildings. 131. Rooms in business buildings. 132. Rooms in public buildings. 133. Bathrooms and water-closet compartments. 134. Windows. 135. Courts. 136. Buildings on same plot. 137. Alterations. Sec. 130. Rooms in residence 'buildings. 1. Windows required. Ex- cept as otherwise provided in this article or by any other law. every living room in every residence building hereafter erected shall have one or more windows opening directly upon a street or other open public space, or upon a court located upon the same lot or plot as the building and conforming to the requirements of this article for courts, provided that the width of such street or open public space is not less than required by this article for courts. 2. Size of rooms. Every such room shall be not less than 6 feet wide in any part, and shall contain not less than 60 square feet of d<>;ir floor area, and the clear height for this minimum floor area shall be not less than 8 feet. 74 CODE OP ORDINANCES OP THE CITY OP NEW YORK 3. Alcove rooms. Nothing in this section shall prohibit, in resi- dence buildings occupied by not more than two families, rooms with- out windows as prescribed by subdivision 1 of this section, provided that every such room opens without obstruction directly into another room which has one or more windows having an aggregate area between stop beads of not less than 24 square feet and opening to the outer air as prescribed in subdivision 1 of this section, and that the opening between such rooms is not less than 60 square feet in area. 131. Rooms in business buildings. Except as otherwise pro- vided in this article, every room in every business building hereafter erected, other than rooms specifically provided for by the Labor Law, shall, unless ventilated by windows opening directly upon a streetj or other open public space, or upon a court located on the same lot or plot as the building and conforming to the requirements of this article for courts, be provided with approved means of ventilation consisting of transoms or similar devices opening into rooms venti- lated directly to the outer air or of other methods capable of main- taining a carbon dioxide content of the air of not more than one part in one thousand, provided that this requirement shall not apply to breweries or charging rooms, or other rooms where high quantities of carbon dioxide are an unavoidable concomitant of the use to which the room is put, or to rooms used exclusively for storage purposes, and provided further that the requirements of this section shall not apply to rooms in which the unoccupied space exceeds 500 cubic feet for each occupant. 132. Rooms in public buildings. Except as otherwise provided in this article or by any other law or ordinance, every room in every public building hereafter erected shall be equipped with some ap- proved system of positive ventilation which, during occupancy, will provide not less than 2 cubic feet of fresh, uncontaminated air per minute for each square foot of floor surface, unless the unoccupied space of such rooms exceeds 1000 cubic feet for each occupant and windows are provided opening directly upon a street or other open public space, or upon a court located on the same lot or plot as the building and conforming to the requirements of this article for courts. 133. Bathrooms and water-closet compartments. Every bathroom, toilet room or other room containing one or more water-closets or urinals, hereafter placed in any building, shall be ventilated in at least one of the following waysr a By a window, opening to the outer air as prescribed in sub- division 1 of 130 and having, between stop beads, an area of not less than 10 per cent, of the floor area nor less than 3 square feet in any case and a width of not less than 1 foot; b. By a window of the size specified in a, opening on a vent shaft which extends to and through the roof or into a court conforming to the requirements of this article for courts and which has a cross- sectional area of not less than Vs of a square foot for every foot of height, but not less than 9 square feet in any case, and, unless open to the outer air at the top, a new area of louvre openings in the skylight equal to the maximum required shaft area; c. By an individual vent flue or duct extending independently BUILDING CODE 75 of any other flue or duct, to and above the roof and having a cross- sectional area of not less than 1 square foot for 2 or less water-closets or urinal fixtures and Vs of a square foot additional for each additional water-closet or urinal fixture; d. By a skylight in the ceiling, having a glazed surface of not less than 3 square feet and arranged so as to provide ventilating openings of not less than 3 square feet to the outer air above the roof of the building or into a court conforming to the requirements of this article for courts, for 2 or less water-closets or urinal fixtures and 2 square feet additional for each additional water-closet or urinal fixture; or e. By some approved system of mechanical exhaust ventilation of sufficient capacity to provide not less than 4 changes of air per hour. 134. Windows. All windows, except windows provided for in 133 of this article, placed in any room of a residence building hereafter erected for the purpose of complying with the requirements of this article, shall have an aggregate area between stop beads of not less than Vio of the floor area of the room served thereby. Such windows shall be so arranged that when fully opened the total open space shall not be less than 50 per cent, of the total required window space. 135. Courts. In every building hereafter erected every court provided under the provisions of this article for the lighting and ventilation of any room shall have a width at every point of not less than 1 inch for every foot that such point is distant from the lowest part of such court, but not less than 4 feet in any case. Every such court shall be open and Unobstructed for the required widths from its lowest point to the sky, except for the ordinary projections of window sills, belt courses and similar ornamental projections to the extent of not more than 4 inches. When a court is located along a side of a lot or plot the lot line shall be deemed an enclosure of such court, except that when a court opens on a street or open public space, such street or open public space may be considered as part of that court. 136. Buildings on the same plot. If more than 1 building is here- after placed on any lot or plot, or, if any building is placed on the same lot or plot with an existing building, the several buildings, may, for the purposes of this article, be considered as a single build- ing. Any structure, whether independent or attached to a building, shall for the purposes of this article, be deemed a building or part of a building. 137. Alterations. No building shall hereafter be altered so as to reduce either the size of any room or the amount of window space, to less than that required for buildings hereafter erected, or so as to create any additional room or rooms unless such additional room is made to conform to the requirements for rooms in buildings here- after erected, except that such rooms may be of the same height as existing rooms in the same story. No building shall hereafter be enlarged nor shall the lot or plot on which it is located be diminished so that the dimensions of any court required for light or ventilation as in this article provided, shall be less than prescribed for buildings hereafter erected. 76 CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 8 EXIT FACILITIES (Amended by ord. effective Dec. 28, 1915) Sec. 150. Definitions. 151. Application of article. 152. Exits. 153. Interior stairs. 154. Exterior stairways. 155. Fire towers. 156. Horizontal exits. 157. Hallways. 158. Doorways. 159. Miscellaneous requirements. 160. Alterations. 161. Existing buildings. 162. Fire escapes. Sec. 150. Definitions. For the purpose of this article. a. A floor area is any floor space enclosed on all sides by either the exterior walls, fire walls, or fire partitions; b. A stair exit is a direct connection of any floor area to a stairway constructed in accordance with the requirements of this article for required stairs; c. A horizontal exit is the connection of any two floor areas, whether in the same building or not', by means of a vestibule, or by an open air balcony or bridge, or through a fire partition or fire wall ; d. The term " sprinklered " means equipped with an approved system of automatic sprinklers throughout the building, and the term " unsprinklered " means not so equipped. 151. Application of article. Unless otherwise specifically stated in this article, the provisions thereof shall apply to buildings, here- after erected, except tenement houses coming under the provisions of the Tenement House Law, factories coming under the provisions of the Labor Law, motion-picture theatres coming under the provi- sions of article 24 of this chapter, theatres and other places of amuse- ment coming under the provisions of article 25 of this chapter, and residence buildings occupied exclusively by 1 or 2 families or having not more than 15 sleeping rooms. 152. Exits. 1. Kind. Every building hereafter erected shall have one or more exits as required in this section, consisting of in- terior or exterior stairs, fire towers, or horizontal exits, constructed and arranged as specified in this article, with the necessary hallways and doorways. 2. Number of occupants. For the purposes of this article, when the number of persons to be accommodated by the exits is not stated in the application for a permit to construct, such number of persons within any floor area shall be taken, according to the use of such floor area, as one person. a. For every 10 square feet in dance halls, lodge rooms and places of assembly; BUILDING CODE 77 b. For every 15 square feet in court rooms, restaurants and class- rooms in schools and colleges; c. For every 25 square feet in stores, markets, lodging houses and reading rooms; d. For every 32 square feet in workrooms; e. For every 50 square feet in offices and show rooms; f. For every 100 square feet in hospitals, hotels, asylums, fur- nished room houses, studios and other residence buildings; g. For every 150 square feet in warehouses and garages. It shall be unlawful to occupy any floor area by a greater number of persons than that for which exits have been provided in accord- ance with this article. 3. Number, a. From rooms. Every room having an occupancy of more than 75 persons shall have at least 2 doorways, remote from each other, leading to an exit or exits. b. From ground floor. Every floor area having direct exit by doorways or hallways to a street and having an occupancy of more than 75 persons, shall have at least 2 means of exit. c. From floor areas. Every other floor area above or below the ground floor shall have at least 1 interior stairway or fire tower con- nected thereto. Every such floor area shall have at least 1 addi- tional exit when it exceeds 2500 square feet in area. d. Fire towers required. In business buildings exceeding 85 feet in height, at least 1 stairway shall be a fire tower, provided that in sprinkled buildings in which 2 or more stairways are required under the provisions of this article, such fire tower shall not be required unless the building exceeds 125 feet in height. 4. Location. Exits shall be so located that no point in any floor area served by them shall be more than 100 feet distant along the line of travel from an exit, except that when any floor area is sub- divided into smaller areas, such as rooms in hotels and office build- ings, the distance from the door of any such room, along an unob- structed hallway, to an exit, shall not be more than 125 feet. Where more than 1 exit is required to any floor area, the exits shall be placed remote from each other. 5. Stairway exits. Every required stairway shall lead to a street. At least 1 stairway shall continue to the roof, and when there are more than 2 stairways, at least 2 shall continue to the roof. 6. Engineers' ladders. Every building, including tenement houses, factories, theatres and motion-picture theatres, in which high pressure steam boilers are placed below the curb level shall have stationary iron ladders or stairs from such story leading directly to a manhole through the widewalk or other outside exit, unless exit is provided by an enclosed stairs or a horizontal exit. 153. Interior stairs. 1. Construction, a. Strength. All stairs, platforms, landings and stair halls shall be of sufficient strength to safely sustain a live load of not less than 100 pounds per square foot. b. Materials. All stairs and stairways serving an exit shall be constructed of incombustible material throughout, except in frame and non-fireproof buildings not exceeding 40 feet in height and occu- pied by not more than 50 persons above the first story, and except when the stairs are enclosed in fireproof partitions, in frame and non- fireproof buildings not exceeding 50 feet in height. 78 CODE OF ORDINANCES OF THE CITY OF NEW YORK. c. Support for treads and landings. When treads or landing are of slate, marble, stone or composition, they shall be supported for their entire length and width by a solid steel plate at least 1-8 of an inch thick, securely fastened. When stairs are of fireproof construc- tion, the treads and landings may be solidly supported for their en- tire length and width by the materials of which such stairs are constructed. The treads and landings shall be constructed and main- tained in such manner as to prevent persons from slipping thereon. 2. When to be enclosed, a. Fireproof enclosures. In buildings exceeding 40 feet in height or occupied by more than 50 persons above the first story, interior required stairways shall be enclosed with fireproof partitions or walls of approved masonry. b. Non-fireproof enclosures. In buildings not exceeding 40 feet in height and occupied by not more than 50 persons above the first story, interior required stairways which are not enclosed in fireproof partitions or walls of approved masonry shall be enclosed in parti- tions of wood studs firestopped at every story with incombustible material, and wire-lathed or covered with approved plaster boards on both sides, and in each case plastered with at least 1-2 of an inch of mortar on all exposed surfaces, or of other approved equally slow- burning material and construction. c. Stairs of ornamental character. Nothing in this section shall require the enclosure of the flight of a required stairs, when orna- mental in character, from the main entrance floor to the floor next above, provided that such stairs are not the only required stairs, that all other required stairs in the same story are enclosed as in this section prescribed, and that some other required stairs is accessible from the upper part of the stairs in question. d. Open stair wells. Except as in this section otherwise provided, not more than 2 stories in any building shall be connected by an open well or unenclosed stairway. e. Openings in enclosures. No openings shall be permitted in the stair enclosures required by this section, other than doorways, and such windows as are necessary for proper lighting. The doorways shall be equipped with approved self-closing fire doors, except that in non-fireproof enclosures, substantial self-closing hardwood, metal or metal covered doors may be used. Windows, opening on the interior of the building, shall be stationary fire windows. 3. Width. No stair or stairway required by this article as an exit shall have an unobstructed width of less than 44 inches throughout its length, except that hand-rails may project not more than 3% inches into such width. The aggregate width of stairs in any story of the building shall be such that the stairs or the stairways may accommodate at one time the total number of persons ordinarily occupying or permitted to occupy the largest floor area served by such stairs or stairways above the flight or flights of stairs under consideration, on the basis of 1 person for each full 22 inches of stair width and 1 J^ treads on the stairs, and 1 person for each 3^ square feet of floor area on the landings and halls within the stairway, pro- vided that the number of persons to be accommodated as herein provided may be assumed at l / 2 oi such total number of persons ordinarily occupying or permitted to occupy any floor area when the building is sprinkled and at ] /3 of such total number when a hori- BUILDING CODE 79 zontal exit is provided in accordance with this article, and at J^ of such total number when the building is sprinkled and a horizontal exit is provided. 4. Treads and risers. Except where winders are permitted the treads and risers of stairs shall be so proportioned that the product of the tread, exclusive of nosing, and the riser, in inches, shall be not less than 70 nor more than 75, but risers shall not exceed 7% niches in height, and treads, exclusive of nosing, shall be not less than 9^ inches wide. Treads, other than winding treads, and risers, shall be of uniform width and height in any one flight. The use of winders is prohibited, except for stairs of an ornamental character, having a width of not less than 5 feet. The treads of winders, exclusive of the nosings, shall have a width of not less than 7 inches at any point nor more than 10 inches average width. 5. Landings. No flight of stairs shall have a vertical rise of more than 12 feet between floors or landings, provided that in stairs serving as an exit from places of assembly such vertical rise shall not exceed 8 feet. The distance between risers on landings in straight runs of stairs shall be not less than 44 inches. 6. Hand rails. Stairs shall have walls or well secured balustrades or guards on both sides, and shall have hand-rails on both sides. When the required width of a flight of stairs exceeds 88 inches, an intermediate hand-rail, continuous between landings, substantially supported and terminating at the upper end in newels or standards at least 6 feet high, shall be providecf 7. Space under stairs. The space under any stairs built in whole or in part of combustible materials shall be left entirely open and kept clear and free from encumbrance. 154. Exterior stairtvays. Required stairs which may be per- mitted on the outside of a building shall be constructed of incom- bustible materials and shall conform in other respects, except as to enclosure, to the requirements of this article for interior stairs. Ex- terior stairs shall be connected to each story which they serve by means of self-closing fire doors. Doors and windows opening on such stairs shall be protected by approved self-closing fire doors or automatic fire windows. Metal mesh or other rigid guards at least 6 feet high shall be provided on each unenclosed side of such stair- ways throughout. 155. Fire towers. Interior stairways constructed and arranged as follows shall be known as fire towers. The enclosing walls shall be of brick or reinforced concrete not less than 8 inches thick, and without openings, except for doors or windows opening on a street, or on a yard or court not less than 100 square feet in area. Access to the stairway shall be provided at each story served by a fire tower through outside balconies or fireproof vestibules having solid floors of incombustible materials and provided with substantial railings. Such balconies or vestibules shall be level with the floors of the building and platforms of the stairs connected by them, and shall be separated therefrom by self-closing fire doors. The clear width of such connecting balconies and vestibules shall be not less than that required for a hallway. The stairs in fire towers shall comply in all respects with the requirements of this article relating to in- terior stairs. 80 CODE OF ORDINANCES OF THE CITY OF NEW YORK 156. Horizontal exits. No horizontal exit shall be deemed satis- factory under this article unless the floor area on either side of such horizontal exit is sufficient to hold the joint occupancy of both floor areas, allowing not less than 3}^ square feet of clear floor space per person, and at least one interior stairway or fire tower conforming to the requirements of this article is provided on each side of such horizontal exit. When vestibules or open air balconies are used they shall conform to the requirements for vestibules or open air balconies or fire towers. When bridges are used they shall be con- structed of incombustible material. All doorways or windows open- ing on such vestibules, balconies or bridges shall be equipped with self-closing fire doors or automatic fire windows. Where there is a difference in level between the connected floor areas, gradients shall be provided of not more than 1 foot in 10 feet. 157. Hallways. When serving as an exit from or in connection with one or more stairways, the clear width of any hallway or pas- sageway shall be not less than the aggregate required clear width of all stairs leading to it. The clear width of every hallway or passage- way leading to an exit shall be not less than 44 inches for the first 50 persons to be accommodated thereby, and 6 inches additional for each additional 50 persons or fraction thereof; when the number of persons to be accommodated thereby is less than 50 the clear width of such hallway or passageway shall be not less than 36 inches. 158. Doorways. 1. Width. The aggregate clear width of door- ways serving as an exit from any room or floor area to a hallway, stairs or other means of exit, shall be not less than 36 inches for the first 50 persons to be accommodated thereby, and 6 inches additional for each additional 50 persons or fraction thereof. The aggregate clear width of doorways serving as an exit from any stairway, hall- way or passageway, shall be not less than the required width of such stairway, hallway or passageway. No single exit doorway shall have a clear width of less than 30 inches, provided that, when the total number of persons to be accommodated exceeds 50 the clear width shall be not less than 36 inches. 2. Hanging of Doors. The doors of any doorway required by this section shall be so hung and arranged that when they shall not in any way obstruct the required width of hallway, stairs, or other means of exit and, in the case of doorways leading directly to a street, shall not, in any position, project more than 18 inches beyond the building line. Doorways serving as exits to a street from required stairways of any building, or to a yard, court or open passage- way communicating with a street, shall have the doors, including the doors of vestibules, so hung as to swing outwards when open- ing; but this requirement shall not be construed to prohibit the use of doors swinging both inwards and outwards, nor of sliding doors in stables and garages, and in the shipping and receiving rooms of business buildings. 3. Door fastenings. The fastening on any exit door within the scope of this section shall be such that the door may be readily opened from the inside without the use of keys, provided that this requirement shall not apply to the doors of rooms where persons are under legal restraint. 159. Miscellaneous requirements. 1. Exit signs. Ml exits from BUILDING CODE 81 floor areas accommodating more than 50 persons shall be plainly marked by approved exit signs and red lights. 2. Lighting. Provision shall be made for the adequate lighting by artificial light of all stairways, hallways and other means of exit required by this article. 3. Exits to be kept clear. No doorway, hallway, passageway, stairs. or other means of exit, required by this article, shall be obstructed or reduced, except as to hand-rails, beyond its required width in any manner whatsoever. 160. Alterations. No building shall hereafter be altered so as to reduce the number or capacity of exits to less than required for buildings hereafter erected-. New exits hereafter installed in any building shall be installed in conformity to the requirements for exists in new buildings, unless such exits are installed to comply with a notice issued under the provisions of 161 of this article. 161. Existing buildings. Every building now existing which is not provided with exit facilities as prescribed in this article for new buildings and in which the exit facilities are inadequate for the safety of the occupants, shall be provided with such good and sufficient fire escapes, stairways, or other means of egress in case of fire as shall be directed by the superintendent of buildings; and said superin- tendent shall have authority within said city to direct fire escapes and other means of egress to be provided upon and within such build- ings or any of them, except as may be otherwise provided by law. If the owner of any building affected by any order issued under this section, or his agent, shall within 48 hours, Sundays and holidays excluded, after personal service of such order has been made, file with the superintendent of buildings a written appeal from such order, the superintendent of buildings shall appoint a board of sur- vey, as provided for in 633 of this chapter for unsafe buildings, upon whose findings a new order shall be based and issued. 162. Fire escapes. 1. Construction. All fire escapes hereafter erected shall be constructed of incombustible materials and of suffi- cient strength to safely sustain a superimposed load of 100 pounds per square foot. The owner or lessee of any building upon which a fire escape is erected shall keep the same in good repair. 2. Incumbering fire escapes. No person shall at any time place any incumbrance of any kind whatsoever before or upon any fire escape, balcony or ladder. 3. Notice against incumbrances. In constructing all balcony fire escapes, the manufacturer thereof shall securely fasten thereto, in a conspicuous place, a metal plate having suitable raised letters on the same, to read as follows: "Notice: Any person placing any incum- brance on this balcony is liable to a penalty of $10 and imprison- ment for 10 days." 4. Duty of firemen and policemen. Any fireman and policemen who shall discover any fire escape, balcony or ladder of any fire escape incumbered in any way shall forthwith report the same to the com- manding officer of his company or precinct, who 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. 82 CODE OF ORDINANCES OF THE CITY OF NEW YORK 5. Punishment for violations. -If said notice shall not be complied with by the removal forthwith of such incumbrance, and keeping said fire escapes, balcony or ladder free from incumbrance, then the said commanding officers shall apply to the nearest police magis- trate for a summons for the occupant of the said premises or apart- ment of which the fire escape forms a part, and, on conviction, the said occupant shall be fined not more than $10 for each offense, or may be imprisoned not to exceed 10 days, or both, in the discretion of the court. ARTICLE 9 PROJECTIONS BEYOND BUILDING LINE (Added by ord. effective Dec. 28, 1915} Sec. 170. Restrictions. 171. Permits revocable. 172. Alterations. 173. Existing encroachments. 174. Action of board of estimate. 1 Sec. 170. Restrictions. 1. General. Except as hereinafter other- wise provided in this article no part of any building hereafter erected, or of any enlargement of an existing building shall project beyond the building line so as to encroach upon a public street or public space. 2. Projections removable. Any part of a building permitted to project beyond the building line under the provisions of this article shall be so constructed that its removal may be made at any time without causing the building or any part thereof to become structu- rally unsafe. 3. Structural support. No part of any building hereafter erected or of any enlargement of an existing building that is necessary for the structural safety of the building or an enlargement thereof shall pro- ject beyond the building line so as to encroach upon a public street or public space, but this shall not be deemed to prohibit the projec- tion beyond the building line to the extent of not more than 12 inches of the footings of street walls provided such projecting parts of foot- ings are not less than 8 feet below the sidewalk level. 4. Permissible projections. a. Areas, meaning thereby open spaces below the ground level immediately outside the building and enclosed by substantial walls, may project beyond the building line not more than 1/15 of the width of the street, but not more than 5 feet, except where entirely prohibited by 160 of chapter 23 of this Code, pro- vided, however, that every such area shall be covered over at the street level by an approved grating of metal or other incombustible material of sufficient strength to carry safely the pedestrian street traffic. b. Steps, leading up or down at entrances and included between ornamental columns, pilasters or check pieces at least 3 feet high 1 For decisions as to projections and encroachments see Chapter 23, articles 13 and 14. BUILDING CODE 83 on the sides of such entrances, may project beyond the building line not more than 2 1 A per cent, of the width of the street, but not more than 18 inches in any case, except where prohibited entirely by 160 of chapter 23 of this Code, provided that the aggregate width of such steps shall not exceed 20 per cent, of the actual street frontage of any one building, when such frontage is 25 feet or more nor more than 5 feet when such frontage is less than 25 feet. c. Columns, pilasters and ornamental projections, including their mouldings and bases, erected purely for the enhancement of the beauty of the building from an artistic standpoint, may project beyond the building line not more than 2^ per cent, of the width of the street, but not more than 18 inches in any case. d. Balustrades of an ornamental character, including the sills and brackets on which they rest, may project beyond the building line not more than 5 per cent, of the width of the street nor more than 22 inches in any case, provided that every part of such balustrade is not less than 10 feet above the sidewalk. e. Mouldings, belt courses, cornices, lintels, sills, pediments and similar projections of a decorative character may project beyond the building line not more than 1% per cent, of the width of the street nor more than 10 inches in any case. f. The main cornice, meaning thereby a moulded projection at or near the top of the street wall, may project beyond the building line not more than 5 per cent, of the width of the street nor more than 5 feet in any case, provided such main cornice is not less than 12 feet above the sidewalk at any point. g. Base courses may project beyond the building line not more than \ l /i per cent, of the width of the street nor more than 10 inches in any case, provided they do not extend more than 5 feet above the highest point of the sidewalk. h. Rustications and quoins may project beyond the building line not more than 4 inches. i. Awnings and marquises, extending wholly or in part across the sidewalk, in connection with entrances to buildings, shall be not less than 10 feet above the sidewalk at all points, except where prohibited by 160 of chapter 23 of this Code, provided they are constructed of iron and glass or other incombustible materials, and securely supported from the building, and are properly drained, and provided further that, except on streets that may by ordinance be designated as market streets, no awning or marquise shall extend along the street wall of a building for more than 75 per cent, of the length of such wall, nor, in any case, more than 50 feet, and there shall be a clear distance of not less than 4 feet between any two awnings on the same building. j. Fire escapes and balconies to fire towers or other required exits, constructed of steel or other incombustible material, when required on the fronts of buildings, may project beyond the building line not more than 4^ feet, but no part of such fire escapes or balconies shall be less than 10 feet above the sidewalk, provided that nothing in this section shall prevent the use of movable ladders or stairs to the sidewalk, so arranged that they are within 10 feet of the sidewalk only when in actual use. k. Vaults, entirely below the sidewalk level and conforming to 84 CODE OF ORDINANCES OF THE CITY OF NEW YORK the requirements of article 17, chapter 23, of this Code, shall not extend beyond the curb line. Openings in the roofs of vaults, be- tween the building line and curb, shall be provided with substantial covers, flush in all parts with the sidewalk, of incombustible material, and so constructed and maintained as to be normally kept closed and when open thoroughly safeguarded, and to prevent persons from slipping thereon. 1. Hose connections for interior fire extinguishment equipments and fresh air inlets for plumbing systems may project through a street wall not more than 12 inches beyond the building line, except that where there is an angle formed by the street wall and a check piece or the base of a column, pilaster or ornamental projection, provided as in this section specified, they may be so located that no part extends more than 15 inches from either side of such angle. 5. Rules governing projections. Nothing in this article shall be deemed to abridge the powers and duties of the borough presidents or the commissioners of parks, within their respective jurisdictions, to adopt additional rules as may be necessary with respect to the construction or disposition of parts of buildings projecting beyond the building line. The borough presidents or commissioners of parks may, when deemed necessary or desirable, fix further restrictions as to the extent of projections beyond the building line, but no pro- jection greater than in this article specified shall be permitted, 171. Permits revocable, Any permission, express or implied, to construct part of a building so as to project beyond the building line, under the provisions of this article, is revocable by the board of aldermen or the board of estimate at will. 172. Alterations. No alterations or enlargement shall be made to any existing part of a building now projecting beyond the building line, except in conformity with the provisions of this article so far as it affects new construction. 173. Existing encroachments. Such parts of buildings which already project beyond the building line may be maintained as con- structed until their removal is directed by the board of aldermen or the board of estimate, provided, however, that nothing contained in this article shall be deemed to abridge the right of the city, or any of its officers, to continue any action for the removal of any unauthor- ized projection beyond the building line or for the collection of any penalty heretofore incurred in connection therewith. 174. Action of board of estimate. Nothing in this article shall be deemed to authorize any projection beyond the building line on those streets on which the removal or projections has been heretofore or may be hereafter directed by the board of estimate, except in conformity to resolutions by such board. ARTICLE 10 SAFEGUARDS DURING CONSTRUCTION OR DEMOLITION (As amended by ord. effective Nov. 23, 1915) Sec. 190. Enforcement of article. 191. Sidewalk sheds. BUILDING CODE 85 192. Temporary fence. 193. Roofs and skylights of adjoining buildings. 194. Scaffolding. 195. Floors to be filled in or covered over. 196. Protection of floor openings. 197. Weather protection. 198. Cellar drainage. 199. Overloading prohibited. 200. Precautions during demolition. Sec. 190. Enforcement of article. Except as may be otherwise pro- vided by any law or ordinance, the provisions of this article shall be enforced by the superintendent of buildings, and all safeguards required by the provisions of this article or by any rules authorized thereunder shall be subject to the supervision of the bureau of buildings. The superintendent of buildings shall, from time to time, adopt such rules, consistent \vi1h the provisions of this article, as may be necessary to secure fully the protection of persons and property. In case any safe- guard shall not be provided as prescribed by this article, the superin- tendent of buildings shall cause a notice to be served personally upon the persons whose duty it may be to provide the same or upon the owners of the buildings affected, requiring such safeguard and specifying the manner in which the same shall be erected. If such safeguard is not provided as required in such notice, within three days after the service thereof, the superintendent of buildings shall have full power and au- thority to provide or cause the same to be provided as herein specified. All expenses connected with same may become a lien on the property inclosed or protected, which lien may be created and enforced in the same manner as now provided in 652 of this chapter. 191. Sidewalk sheds. Whenever any building or part thereof, within ten feet of the building line, is to be erected or raised to exceed forty feet in height, or whenever such a building more than forty feet in height is to be demolished, the owner or the person doing or causing such work to be done shall erect and maintain during such work a substantial shed over the sidewalk in front of said building and extending, so far as practicable, from building line to curb. On streets fifty feet or less in width and on streets having sidewalks less than fifteen feet in width, such sheds may extend beyond the curb to such extent as may, on the recommendation of the superintendent of buildings, be approved by the borough president, provided that when such sheds extend to within fifteen feet of the opposite building line the written approval of the lessees, tenants or occupants of the two stories or parts of stories next above the curb of the buildings along the opposite building line shall have been obtained before such approval is issued. Such shed shall remain in place until the building is enclosed, or, in case of demolition, until the building has been reduced to twenty feet in height. Every such shed shall be kept properly lighted at night. Adopted June 15, 1920. Approved June 22, 1920. 192. Temporary fence. lu any building operation that does not require a sidewalk shed as provided in 191 of this article, the owner or person doing or causing such work to be done, shall, unless relieved by a general rule of the superintendent of buildings or a special permit from him, erect and maintain in front of the building during such build- ing operation, a substantial fence not less than eight feet high, of wood or other suitable material. Such fence may extend not more than six feet into the highway, and shall be built solid for its full length except for such openings, provided with sliding doors or doors swinging inwards, us may be necessary for a proper prosecution of the work. 193. Roofs and skylights of adjoining buildings. When any building is to be carried above tin- roof of an adjoining buildipg, proper means 88 CODE OP ORDINANCES Of THE CITY Of NEW YORK for the protection of the skylights and roof of such adjoining build- ing shall be provided, at his own expense, by the person construct- ing or causing the construction of such building, provided that if the owner, lessee or tenant of the adjoining building should refuse permission to have the roofs and skylights so protected, the respon- sibility and expense for the necessary protection shall devolve on the person refusing this permission. 194. Scaffolding. All scaffolds used in connection with the erection, alteration or demolition of any building shall be constructed in a manner to secure the safety of the workmen on them and of all persons passing under or near them. All scaffolds used on or about buildings at a height of more than twenty feet above the street or ground level, or a floor, except scaffolding wholly within the interior of a building and covering the entire floor space of any room therein, shall be provided along the outer edges and ends with substantial railings or enclosures of wire mesh or other suitable material, extend- ing at least three feet above the working platform. 195. Floors to be filled in or covered over. If the floors of any building are to be of fireproof construction the floor filling shall be completed as the building progresses. If the floors consist of wood beams the under-flooring, when double flooring is to be used, shall be laid on each story as the building progresses; when double floors are not to be used, the floors two stories below the story where the work is being performed shall be kept planked over. If the floor beams are of iron or steel, the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work, and for the raising or lowering of materials to be used in the construction of such building, or such spaces as may be designated by the approved plans for stairways and shafts shall be thoroughly planked over. 196. Protection of floor openings. All floor openings within a building in the course of construction shall be enclosed or fenced in on all sides by a barrier of suitable height, except on those sides which may be used for the handling of materials hoisted through such openings, or at which stairs or ladders land, provided, that such sides, other than landings, shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edge of such opening. 197. Weather protection. Whenever permission has been given under any of the provisions of this chapter to enter any adjoining building the person who receives such permission or who is respon- sible for the work requiring such permission, shall provide for such adjoining building adequate protection against the weather. 198. Cellar drainage. Before the foundation walls of any build- ing are completed provision shall be made to prevent water accu- mulating in the excavation or cellar to the injury of the foundation, and if there is a sewer in the street the cellar shall also be connected therewith. 199. Overloading prohibited. No building or part thereof, or any temporary support or scaffolding in connection therewith, shall be loaded during erection, alteration or demolition in excess of its safe carrying capacity. BUILDING CODE 87 200. Precautions during demolition. In demolishing any building or part thereof, story after story shall be completely removed. No material shall be stored upon a floor of any building in the course of demolition, but old material shall be lowered to the ground imme- diately upon displacement. The material to be removed shall be properly wet to lay the dust incident to its removal. Sec. 2. The provisions of this ordinance shall take effect three months after its adoption by the Board of Aldermen. (Ord. eff. Nov. 23, 1916.) ARTICLE 11 PARTITION FENCES AND WALLS Sec. 210. Construction and maintenance of fences. 211. Retaining walls. 212. Regulation of lots. 213. Neglect to maintain. 214. Disputes. 215. Enforcement. Sec. 210. Construction and maintenance of fences. All partition fences, unless erected under some special agreement, shall be so built that the dividing line between the properties shall run through the centre of such fence in each case, and they shall be built and main- tained at the joint expense of the owners of the land on each side. 211. Retaining walls. 1. To conform to street regulation. When the regulation of a lot, in conformity with the street or streets on which it is situated, shall require the ground on such lot to be raised and kept higher than the ground of the adjoining lot or lots (pro- vided the ground of such adjoining lot or lots is not maintained at a grade lower than in conformity with the street or streets on which they are situated) and a retaining wall for supporting the same shall be necessary, such retaining wall shall be made and maintained jointly by the owners of the land on each side and shall stand one- half upon the land of each owner; but, if the owner of the lot or lots having the lower grade shall bear and discharge the entire cost and expense of the making, such retaining wall shall be built entirely upon the lot having the higher grade and shall thereafter be main- tained jointly by the owners of the land on both sides thereof. 2. To support adjoining earth. Where an excavation has been made or a fill placed on any lot, but, as the case may be, not below or above the 1 legal grade in conformity with the street on which that lot fronts, and the land adjoining it has no building or permanent structure thereon, other than frame sheds or structures of like character, and where a retaining wall shall be necessary to support the adjoining earth, such retaining wall shall stand one-half upon the lot of each owner and shall be made and maintained jointly by the owners of the land on each side; provided, that, if the owner of the lot having the lower grade shall bear and discharge the entire cost and expense of the making, such retaining wall shall be built entirely upon the lot having the higher grade and shall thereafter be maintained jointly by the owners of the land on both sides thereof. 88 CODE OF ORDINANCES OF THE CITY OF NEW YORK 3. Surplus wall. Where any owner shall insist on maintaining his ground either higher or lower than the legal regulation as herein- after provided, except in a case herein otherwise specifically pro- vided for, the surplus retaining wall, which may be necessary to support such height or provide for such excavation, shall be made and maintained at the sole expense of such owner. 4. Construction. All retaining walls, required under this section shall be constructed in accordance with the provisions of this chapter. 5. Removal. Any retaining wall erected or provided under this section, standing partly on the land of each owner, may be removed by either owner when the necessity for such retaining wall no longer exists. See notes under 230. 212. Regulation of lots. The regulation of lots, in conformity with the street or streets on which they are situated, shall be cal- culated at an ascent of 2 inches in every 10 feet, measured from the curb in a direction at right angles or normal thereto; provided that, in the case of a lot having more than one street frontage, when so situated that th'e street frontages intersect, the curb along the longest street frontage shall be used, and, when so situated that the street frontages do not intersect, the curb along each frontage shall be used to one-half the depth of the lot between street frontages. A lot, as referred to in this section, shall be deemed and construed to mean a parcel of land not over 25 feet by 100 feet, in one ownership, whether adjacent land be in the same ownership or not; but, for the purpose hereof, no land in the same ownership may be divided into lots smaller than 25 feet by 100 feet. 213. Neglect to maintain. If any person, whose duty it may be to jointly make or repair any partition fence or retaining wall or any part thereof, in pursuance of the provisions of this article, shall neg- lect so to do, or to join in so doing, for 6 days, after being requested, in writing, by the owner or owners of the adjoining ground, the owner of such adjoining ground may make or repair such partition fence or retaining wall, or cause the same to be done, and may recover from such person such share of the expense of making or repairing so much thereof as is necessarily made or repaired by him, with costs, in any court having jurisdiction. 214. Disputes. In case of any dispute between parties, as to what part or portion of the expense shall be borne and discharged by either of them, for building or maintaining any partition fence or wall, and in all cases of dispute concerning the sufficiency of any fence or wall, the controversy shall be determined by the superin- tendent of buildings of the borough in which the fence or wall may be situated. 215. Enforcement. The superintendent of buildings in each borough may, in order to effect the purposes of this article, notify in writing any owner of any requirement under any provision thereof. Any person who shall fail to proceed, within 10 days, in accordance with such notice, or to comply therewith, within such reasonable time thereafter as shall be allowed or permitted by the superintend- ent of buildings, shall be liable to a penalty of not less than $10, nor morfe than $50, and, in addition, he shall be liable to a further penalty of $1 for each and every day that his default shall continue, after due notice thereof. (Ord. Aug. 11, 1914.) BUILDING CODE 89 ARTICLE 12 EXCAVATIONS AND FOUNDATIONS (As amended by ord. effective Sept. 22, 1915) Sec. 230. Excavations. 231. Soil, bearing capacity. 232. Foundations, generally. "233. Footings. 234. Foundation piers and caissons. 235. Pile foundations. 236. Foundation walls. 237. Retaining walls. Sec. 230. Excavations. 1. Safeguarding generally. Until pro- vision for permanent support has been made, all excavations shall be properly guarded and protected so as to prevent the same from becoming dangerous to life or limb and shall be sheet-piled, braced or shored, where necessary to prevent the adjoining earth from caving in, by the person causing the excavation to be made. 2. When retaining wall required. When an excavation is made on any lot, and provision for the support of adjoining earth is not otherwise made in accordance with law, the person making such excavation or causing it to be made shall, at his own cost and expense, except as may be provided in article 11 of this chapter or as herein- after provided in this section, build a retaining wall to support the adjoining earth; and such retaining wall shall be carried to the height of the adjoining earth, and be properly protected by coping. 3. Support of neighboring walls, a. When excavation exceeds ten feet. Whenever an excavation is intended to be, or shall be carried to the depth of more than ten feet below the curb, the person causing such excavation to be made shall at all times, if afforded the necessary license to enter upon the adjoining land, and not otherwise, at his own expense, preserve and protect from injury any wall, building or structure, the safety of which may be affected by said excavation, and support the same by proper foundations, whether the said wall, building or structure is down more or less than ten feet below the curb. If the necessary license is not accorded to the person making such excavation, then it shall be the duty of the owner refusing to grant such license to make such wall, building or structure safe, and to support the same by proper foundations; and, when necessary for that purpose, such owner shall be permitted to enter upon the prem- ises where such excavation is to-be made. b. When excavation does not exceed ten feet. If such excavation is not intended to be, or shall not be, carried to a depth of more than 10 feet below the curb, the owner of any wall, building or structure, the safety of which may be affected by said excavation, shall pre- serve and protect the same from injury, and support the same by proper foundation; and, when necessary for that purpose, shall be permitted to enter upon the premises where such excavation is to be made. In case such wall, building or structure, however, is so located that the curb to which it is properly referred is at a. higher 90 CODE OF ORDINANCES OF THE CITY OF NEW YORK level than the curb to which the excavation is referred, such part of any necessary underpinning or foundation as may be due to the difference in curb levels shall be made and maintained at the joint expense of the person causing the excavation to be made and the owner of such wall, building or structure. Where a party is excavating next to a building it is incumbent upon him to re- quest permission to enter upon the adjoining property to support the adjoining wall, and the adjoining owner will not lose the benefit of the statute because he did not tender such license. Dorrity v. Rapp, 72 N. Y. 307. And the builder must protect the adjoining building not only during such excavating, but have the ad- joining wall as stable after as before excavating. Bernheimer v. Kilpatrick, 53 Hun, 316; 6 N. Y. Supp. 858. But to impose such obligation on the builder the adjoining owner must grant a proper license. Sherwood v. Seaman, 2 Bosw. 127. And where such license has been given the builder will have a reasonable time to finish the wall, although the license may be revoked by the adjoining owner. Ket- chum v. Newmann, 116 N. Y. 422. But the provision requiring an owner excavating below ten feet to protect his neighbor's wall does not apply to one excavating in a street under a contract with the municipal authorities. Jencks v. Kenny, 19 N. Y. Supp. 243; 28 Abb. N. C. 154. See also Cohen v. Simmons, 21 N. Y. Supp. 385, app. 142 N. Y. 671; McKenzie v. Hatton, 141 N. Y. 8; Blanchard v. Savarese, 97 App. Div. 58; New York Steam Co. v. Foundation Co., 123 App. Div. 254; Foster v. Zampieri, 140 App. Div. 471. Where an excavation is only carried 9 ft. the defendant must still pay for cost of protecting adjoining building as the intention was to go 10 ft. or more. Wear v. Koehler, App. Term Sup. Ct. N. Y. Law Journal, Dec. 29, 1914. 4. Support of party wall. In case an adjoining party wall is in- tended to be used by the person causing the excavation to be made and such party wall is in good condition and sufficient for the uses of the existing and proposed buildings the person causing the ex- cavation to be made, shall, at his own expense, preserve such party wall from injury and support the same by proper foundations, so that said party wall shall be and remain practically as safe as before the excavation was commenced. 5. Superintendent of buildings may act. If the person whose duty it shall be under the provisions of this chapter to properly guard and protect an excavation, or to prevent adjoining earth from caving in, or to preserve or protect any wall, building or structure from injury, shall neglect or fail so to do after having had a notice of 24 hours from the superintendent of buildings, such superintendent 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 prevent adjoining earth from caving in or to make such wall, building or structure safe and secure, or to prevent the same from becoming unsafe or dangerous, at the expense of the person whose duty it is to keep the same safe and secure. The City of New York or any person doing the said work, or any part thereof, under and by direction of a superintendent of buildings, may bring and maintain an action against the person 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 em- ployed to do the work by the said person. 231. Soil, bearing capacity. 1. Indicative statement required. Applications for permits for new buildings, and, when necessary, for alterations to existing buildings shall contain a statement of the character of the soil at the level of the footings. 2. Presumptive capacities. In the absence of a satisfactory test of the sustaining power of the soil, different soils, excluding mud, BUILDING CODE 91 shall be deemed to safely sustain the following loads to the super- ficial foot, namely: Soft clay -1 ton Wet sand 2 tons Firm clay 2 tons Sand and clay, mixed or in layers 2 tons Fine and dry sand 3 tons Hard dry clay 4 tons Coarse sand 4 tons Gravel 6 tons Soft rock 8 tons Hard pan 10 tons Medium rock 15 tons Hard rock 40 tons In case the soil under the footings of any one building is partly rock and partly yielding soil, the bearing capacity of the yielding soil shall be taken at not more than one-half of the capacity other- wise allowed. 3. Soil tests. When a doubt arises as to the safe sustaining power of the soil upon which a building is to be erected, the superintendent of buildings may order borings to be made, or he may direct the sustaining power of the soil to be tested in accordance with the methods established by the rules of the superintendent of buildings, by and at the expense of the owner of the proposed building. Where a test is made of the sustaining power of the soil the superintendent 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 bureau of buildings. 232. Foundations, generally. 1. General requirements. Every building, except buildings erected upon solid rock or upon wharves or piers on the water front, shall have foundations of brick, or other approved masonry, iron or steel, 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. 2. Protection of metal work. 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 superintendent of buildings. 233. Footings. 1. Materials. The footings of foundation walls shall consist of footing stones, concrete, reinforced concrete con- struction or steel grillages. Wood footings may be used if they are entirely below the permanent water level. 2. Footing stones. Footing stones shall not be less than 2 by 3 feet, they shall be not less lhan 8 inches in thickness for walls, nor less than 10 inches in thickness under piers, columns or posts. Foot- ing stones shall be well bedded and laid crosswise, edge to edge. 3. Concrete footings. Concrete footings shall be not less than 12 inches thick, except that for frame buildings the thickness may be not less than 8 inches. 4. Steel grillages. When grillage beams, resting on a proper con- crete bed, are used, they shall be provided with separators and bolts and shall be inclosed and filled solid between with concrete. 5. Pressure under footings. For the loads exerting pressure under 92 CODE OF ORDINANCES OF THE CITY OF NEW YORK the footings of foundations the full dead loads and the figured live loads on the lowest tier of columns, piers or walls shall be taken. For this purpose the reduced live loads permitted by subdivision 7 of 53 of this chapter may be used. 6. Design. Footings shall be so designed that the loads they sustain per unit of area shall be as nearly uniform as possible and within the bearing capacities of soils established by this article, and that the stresses in the materials shall not exceed those fixed by this chapter. In proportioning the areas of footings for any building the dead loads alone shall be considered, provided, however, that in no case shall the pressure under the footings as determined in sub- division 5 of this section, exceed the safe load on the soil established by this article. 234. Foundation piers and caissons. The foundations of any building may be carried down to rock or hard pan by isolated piers of approved masonry or reinforced concrete, or by open or pneu- matic caissons, so designed that the working stresses in the ma- terials and the loads on the rock or hardpan do not exceed those established by this chapter. 235. Pile foundations. 1. General requirements. Piles in- tended to sustain a wall or building, or any part thereof, shall be driven to a solid bearing, if practicable to do so, and the method of driving shall be such as not to impair their strength. No pile or group of piles shall be loaded eccentrically. Any type of pile con- struction not provided for in this section shall meet such require- ments as may be prescribed by the rules of the superintendent of buildings. 2. Wood piles, a. Quality and size. Wood piles shall be of ap- proved timber, sound and straight. The diameter at the point shall be not less than 6 inches. The diameter at the butt shall be not less than 10 inches for piles not over 25 feet in length, and not less than 12 inches at the butt for piles of greater length. b. Allowable loads. The safe sustaining power of any wood pile, in tons shall be taken as twice the weight of the hammer in tons multiplied by the height of the fall in feet, divided by the average penetration of the pile in inches under the last five blows, plus one, when a drop hammer is used for driving, and as twice the weight of the hammer in tons multiplied by the height of the fall in feet, di- vided by the average penetration in inches under the last five blows, plus one-tenth, when a steam hammer is used for driving, provided that the driving has reached such a point when successive blows produce approximately equal penetration. No wood pile, however, shall be weighted with a load exceeding 20 tons. c. Construction. The distance between wood piles shall be not more than thirty-six nor less than twenty inches on centers. The tops of wood piles shall be cut off below the permanent water level. When ranging and capping timbers are laid on piles for foundations, they shall be of hard wood not less than six inches thick and prop- erly joined together, and their tops laid below the permanent water level. d. Meadow land construction. When wood piles are used under frame buildings built over the water or on salt meadow land, they may project above the water a sufficient height to raise the building BUILDING CODE 93 above high tide, and the building may be placed directly thereon without other foundation. (B. C., 25.) 3. Concrete piles, a. Concrete filled steel tubes. For piles con- sisting of steel tubes filled with concrete, the tubes shall have 'a diameter of 9 inches or more and a thickness of not less than 5-16 of an inch. The ends of each tube shall be faced perpendicular to its axis. Splices shall be of an approved design and not more than one splice shall be used in the total length of the pile. The length of any such pile shall not exceed forty times the inside diameter of the tube. Such piles shall be driven to a full bearing on rock. The allowable load on any such pile shall not exceed 500 Ibs. per square inch on the concrete and 7,500 Ibs. per square inch on the steel, provided that in computing the effective area of the steel the outer 1-16 inch of thickness shall be deducted from the thickness of the tube. No interior steel reinforcement shall be used. (New.) b. Piles moulded before driving. Concrete piles moulded and cured before driving shall not be provided with more than 4 per cent, of longitudinal reinforcement. The diameter or lateral dimen- sion of such a pile shall be not less than 8 inches at the foot and shall not average less than 12 inches in the length of the pile. The length shall not exceed twenty times the average diameter when the pile is driven to rock nor forty times the average diameter in any case. When driven to rock the allowable load on any such pile shall not exceed 500 Ibs. per square inch on the concrete at the average cross-section and 6,000 IDS. per square inch on the longitu- dinal reinforcement. If driven to rock, the foot shall be provided with a metal shoe. (New.) c. Piles moulded in place. Concrete piles cast in place shall be so made and placed as to insure the exclusion of any foreign matter, and to secure a perfect full-sized shaft. The average diameter of any such pile in place shall be not less than 11 inches and the diam- eter of the foot shall be not less than 6 inches. The length shall not exceed thirty times the average diameter. The allowable load shall not exceed 350 Ibs. per square inch on the concrete. (New.) d. Allowable loads. When concrete piles are not driven to rock they shall be treated as friction piles and their carrying capacities shall be determined by test in accordance with rules established by the superintendent of buildings; but the stresses herein given for the materials composing them shall not be exceeded in any case. (New.) e. Concrete. The concrete for concrete piles shall be mixed in the proportion of 1 part portland cement to not more than 2 parts of clean, coarse sand, and 4 parts of broken stone or gravel of a size passing through a 1-inch ring, with sufficient water to produce a plastic or viscous consistency. (New.) 4. Tests. When any doubt exists as to the safe sustaining power of piles upon which a building or structure is to be supported, the superintendent of buildings may order a test of the same to be made at the expense of the owner of the proposed building or structure or the person causing the piles to be driven. The record of every such test shall be filed in the bureau of buildings. (New.) . 236. Foundation walls. 1. Definition. Foundation walls shall be construed to include all walls and piers built below the curb level or the nearest tier of beams to the curb, which serve as supports for 94 CODE OF ORDINANCES OP THE CITY OF NEW YORK walls, piers, columns, or other structural parts of a building or struc- ture. (B. C., 26.) 2. Materials. Foundation walls shall be built of approved ma- sonry, reinforced concrete or steel protected by masonry. All ma- sonry foundation walls shall be laid in cement mortar. 3. Thickness. If built of rubble stone, foundation wails shall be at least 8 inches thicker than the walls next above them, but not less than 18 inches in any case. If built of brick, concrete or hollow building blocks, they shall be at least 4 inches thicker than the walls next above them, but not less than 12 inches thick in any case. For each additional 10 feet, or part thereof, below the depth of 12 feet below the curb level, the thickness shall be increased 4 inches. 4. Brick. When brickwork in foundation walls is stepped up from the footings, the offsets, if laid in single courses, shall not ex- ceed \y:3 stone or gravel concrete and steel shall be taken as one to twelve. 335. Slabs and beams. 1. Thickness. Slabs shall not be less than four inches in thickness for floors and three and one-half inches for roofs. 2. Tee-beams. Where adequate bond between slab and web of beams is provided, the slab may be considered as an integral part of the beam provided its effective width shall not exceed on either side of the beam one-fourth of the span length of the beam nor be greater than four times the thickness of the slab on either side of the beam, the measurements being taken from edge of web. 3. Placing of reinforcement. All reinforcement shall be accurately located and secured against displacement. The reinforcement for slabs shall not be spaced farther apart than two and one-half times the thickness of the slab. 4. Web reinforcement. Members of web reinforcement shall be so designed as to adequately take up throughout their length all stresses not taken up by the concrete. They shall not be spaced to exceed three-fourths of the depth of the beam in that portion where the web stresses exceed the allowable value of concrete in shear. Web reinforcement, unless rigidly attached, shall be placed at right angles to the axis of the beam and carried around the tension mem- bers. 336. Use of fillers in floor construction. When hollow tile, con- crete blocks or other acceptable fillers are used in any reinforced concrete floor construction, the reinforced concrete members of such floor construction shall be designed in accordance with the provisions of this article to take the entire loads, provided, however, that when the fillers do not exceed sixty per cent, of the construc- tion, not more than two and one-half inches of concrete shall be required over the fillers. 337. Columns. 1. With longitudinal reinforcement only. In con- crete columns, having not less than one-half nor more than four per cent, of vertical reinforcement secured against lateral displace- ment by one-quarter-inch steel ties placed not farther apart than fifteen diameters of the vertical rods nor more than twelve inches, the allowable load shall be five hundred pounds per square inch on the concrete, plus seven thousand five hundred pounds on the ver- tical reinforcement. 2. With longitudinal and lateral reinforcement. In concrete col- umns, having not less than one-half nor more than two per cent, of hoops or spirals spaced not farther apart than one-sixth of the diameter of the enclosed column nor more than three inches, and having not less than one nor more than four per cent, of vertical reinforcement, the allowable load shall be five hundred pounds per square inch on the effective area of the concrete, plus seven thousand five hundred pounds per square inch on the vertical reinforcement, plus a load per square inch on the effective area of the concrete equal to two times the percentage of lateral reinforcement multiplied by the tensile stress in the lateral reinforcement prescribed by 334 of this article. The percentage of lateral reinforcement being the volume of the hoops or spirals divided by the volume of the enclosed concrete in a unit length of column. The hoops or spirals shall BUILDING CODE 109 be rigidly secured to at least four verticals to insure uniform spac- ing. 3. Structural steel and concrete. In columns of structural steel, thoroughly encased in concrete not less than four inches thick and reinforced with not less than one per cent, of steel, the allowable load shall be sixteen thousand pounds per square inch on the struc- tural steel. The percentage of reinforcement being the volume of the reinforcing steel divided by the volume of the concrete enclosed by the reinforcing steel. Not more than one-half of the reinforcing steel shall be placed vertically. The reinforcing steel shall not be placed nearer than one inch to the structural steel or to the outer surface of the concrete. The ratio of length to least radius of gyra- tion of structural steel section shall not exceed one hundred and twenty. 4. When richer concrete is used. In concrete columns the com- pression on the concrete may be increased twenty per cent, when the fine and coarse aggregates are carefully selected and the propor- tion of cement to total aggregate is increased to one part of cement to not more than four and one-half parts of aggregate, fine and coarse, either in the proportion of one part of cement, one and one- half parts of fine aggregate and three parts of coarse aggregate, or in such proportion as will secure the maximum density. In such cases, however, the compressive stress in the vertical steel shall not exceed seven thousand two hundred pounds per square inch. 5. Eccentric loads. Bending stresses due to eccentric loads shall be provided for by increasing the section of concrete or steel until the maximum stress shall not exceed the allowable working stress. 6. Length. In columns, the ratio of length to least side or diameter shall not exceed fifteen, but in no case shall the least side or diameter be less than twelve inches. 338. Walls. Enclosure walls of reinforced concrete shall be securely anchored at all floors. The thickness shall not be less than one-twentieth of the unsupported height, but in no case less than eight inches. The steel reinforcement, running both horizontally and vertically, shall be placed near both faces of the wall; the total weight of such reinforcement shall be not less than one-half pound per square foot of wall. 339. Protection of reinforcement. The reinforcement in columns and girders shall be protected by a minimum of two inches of con- crete; in beams and walls by a minimum of one and one-half inches; in floor slabs by a minimum of one inch; and in footings by a mini- mum of four inches of concrete. 340. Load tests. The builder may be required to make load tests on any portion of a reinforced concrete structure within a reasonable time after erection. The tests shall be made under the direction of the superintendent of buildings, and shall show that the construction will sustain safely a load of one and three-quarter times the live load for which it was designed. 341. Rules. The rules governing reinforced concrete in build- ing construction, heretofore adopted by the superintendent of build- ings, so far as they are consistent with the provisions of this article, shall remain effective until amended or repealed by the superin- tendent of buildings. 110 CODE OF ORDINANCES OP THE CITY OF NEW YORK ARTICLE 17 FIREPROOF CONSTRUCTION (As amended by ord. effective Oct, 6, 1915} Sec. 350. Walls. 351. Iron and steel construction.- 352. Masonry. 353. Reinforced concrete. 354. Floors and roofs. 355. Partitions. 356. Interior finish. 357. Exterior windows. 358. Approvals. Sec. 350. Walls. The exterior walls or piers of fireproof build- ings shall be approved masonry or reinforced concrete. 351. Iron and steel construction. 1. General. All metal struc- tural members which support loads or resist stresses, in fireproof buildings, shall be entirely encased in fireproofing material securely applied as hereinafter specified. 2. Columns, a. In exterior walls. Iron or steel columns placed within exterior walls or along the outer lines of a building shall be encased with approved masonry not less than eight inches thick on their outer and side surfaces, nor less than four inches thick on then* inner surfaces. b. Interior. Iron and steel columns used in the interior of a build- ing shall be encased on all sides with fireproofing materials not less than two inches thick. c. Lugs and brackets. The extreme outer edges of lugs, brackets or other supporting parts of columns shall not extend nearer than one inch to the outer surface of the fireproof casing. d. Protection to fireproofing. Where the fireproofing of columns is exposed to damage from trucking or handling of merchandise, the superintendent of buildings may require such fireproofing to be jacketed for a height of three feet from the floor with a protective covering. 3. Beams and girders. Iron or steel beams and girders shall be entirely encased in fireproofing materials not less than two inches thick at any point when supporting a wall or part thereof or a side- walk, and not less than one and one-half inches thick in any case. 4. Lintels, a. Iron or steel. Iron or steel lintels over openings in walls shall be encased as required for beams, provided that when the span of any such opening does not exceed four feet or such opening is spanned by an adequate masonry arch above the lintel the fire- proofing may be omitted. b. Stone. Stone lintels shall not be used in fireproof buildings unless supplemented on the inside of the wall with iron or steel lintels, or with suitable masonry arches. 5. Trusses, a. General. All members of steel trusses, except roof trusses hereinafter specified, shall be entirely encased in fireproofing materials not less than two inches thick at any point. BUILDING CODE 111 b. Roof trusses. The fireproofing herein required for trusses may be omitted when such trusses support only roof loads and ceilings over interior spaces having a clear height of at least twenty feet be- low the lower chords of the trusses. In such cases the fireproofing may also be omitted from the soffits of roof beams or purlins. 6. Fireproofing materials. The fireproofing required by this sec- tion shall consist of any of the following materials: a. Bonded brickwork laid in cement mortar: b. Concrete consisting of one part portland cement, and not more than two parts of sand and four parts of gravel, stone or other ap- proved aggregate that will pass through a three-quarter inch ring, suitably reinforced with wire or metal fabric; c. Cinder concrete consisting of one part portland cement and not more than two parts of sand and five parts of clean, well-burned steam boiler cinders, suitably reinforced with wire or metal fabric; d. Porous or semi-porous terra cotta blocks with shells and webs at least one inch thick, laid in cement mortar, thoroughly bonded or secured by metal ties; e. Solid gypsum blocks, containing not more than twenty-five per cent, by weight of cinders, asbestos fibre, wood chips or vegetable fibre, laid in gypsum plaster or cement mortar, thoroughly bonded or secured by suitable galvanized metal ties or fabric; or f . Any material or form of construction that will resist the action of flame and a heat of seventeen hundred degrees Fahrenheit for at least two hours, without raising the temperature of the material to be protected above five hundred and fifty degrees Fahrenheit by transmission through a thickness of two inches as determined by test prescribed in the rules by the superintendent of buildings. 7. Prohibition. No pipes, wires, cables or other material shall be embedded in the required fireproofing of columns or other struc- tural members. 352. Masonry. Interior walls, piers, arches and vaultings that support loads in addition to their own weight in fireproof buildings shall be constructed of approved masonry, except that stone masonry shall not be used for such purpose, or for columns or lintels unloss supplemented by other approved masonry or by properly protected iron or steel construction. 353. Reinforced concrete. Reinforced concrete construction con- forming with the requirements of article 16 of this chapter shall be deemed fireproof construction. 354. Floors and roofs. 1. General. The filling between steel floor and roof beams in fireproof buildings shall consist of arches or slabs of brick, terra cotta, stone concrete or cinder concrete, con- structed as hereinafter specified, or of such other material or con- struction as may be approved by the superintendent of buildings as conforming to the requirements of the fire and strength tests here- inafter prescribed. 2. Brick arches. When brick is used as floor filling it shall consist of segmental arches having a thickness of not less than four inches for spans of five feet or less, and of not less than eight inches for spans exceeding five feet. Such arches shall be built of good, hard common or hollow brick, laid to a line and properly and solidly bonded. Each longitudinal line of brick shall break joints with the adjoining lines. 112 CODE OF ORDINANCES OF THE CITY OF NEW YORK The arches shall spring from suitable skewbacks, and shall be properly keyed. The rise shall be not less than one inch for each foot of span. The brick shall be well wet before laying, and the joints filled solid with cement mortar. 3. Terra cotta arches, a. Material. When terra cotta Is used as floor filling it shall consist of hollow blocks, either hard burned or semi-porous, of uniform density and hardness. The thickness of shells and webs of each block shall be not less than five-eighths of an inch. Interior vertical and horizontal webs of arch blocks shall not be spaced more than four inches apart. The skewbacks shall be of such form and section as to accurately fit the beams and properly receive the thrust of the arches. The arch blocks shall be laid in cement mortar and properly keyed. b. Segmental arches. When terra cotta filling is segmental in form the blocks shall be not less than six inches in depth with at least two cellular spaces in such depth. The rise of such arches shall be not less than one and one-quarter inches for each foot of span. c. Flat arches. When terra cotta filling is in the form of flat arches, the depth of the blocks, unless reinforced with steel, shall be not less than one and one-half inches for each foot of span between the steel beams, exclusive of the portion of the block projecting below the underside of the beams. d. Strength of terra cotta arches. Terra cotta filling shall be so designed that it will safely sustain the superimposed loads by in- creasing so far as may be necessary the depth and the thickness of shells and webs of the blocks. When such filling is reinforced by wire fabric, steel rods or other steel shapes, thoroughly embedded in Portland cement mortar and bonded to the terra cotta, the strength of the construction may be determined by accepted engineering formulae. For the purposes of this section, the working stresses, in pounds per square inch, shall be taken at 500 for terra cotta in com- pression, 16,000 for steel in tension, and 100 for bond between steel and mortar and between terra cotta and mortar. 4. Concrete floor arches, a. Material. When concrete is used as floor filling it shall consist of one part of portland cement, and not more than two parts of sand and five parts of stone, gravel or cinders, reinforced in the case of slab construction with steel as herein pro- vided. The stone or gravel shall be as required for reinforced con- crete in article 16 of this chapter. Cinders shall be clean, well burned steam boiler cinders. b. Reinforcement. When reinforcement is required it shall con- sist of steel rods or other. suitable shapes, or steel fabric. The ten- sional reinforcement in any case shall be not less than twelve- hundredths per cent, in the case of cold drawn steel fabric, nor less than twenty-five-hundredths per cent, in the case of other forms, the percentage being based on the sectional area of slab above the center of the reinforcement. The center of the reinforcement shall be at least one inch above the bottom of the slab, but in no case shall any part of the reinforcement come within five-eighths of an inch from the bottom of the slab. c. Segmental form. When the concrete floor filling is used in the form of segmental arches, the thickness shall be at least four BUILDING CODE 113 inches at the crown. Such arches shall have a rise of not less than one inch for each foot of span. d. Flat construction. When the concrete floor filling is in the form of slabs the thickness shall be not less than four inches, except as otherwise provided in this article for special roof construction. e. Strength of concrete slabs. In determining the safe- carrying capacities of concrete slab floor fillings the gross load in pounds per square foot of floor surface shall not exceed the product of the depth in inches of the reinforcement below the top of the slab, by the cross- sectional area in square inches per foot of width of the tensional steel, divided by the square of the span in feet, all multiplied by the following co-efficients when cinder concrete is used, 14,000 if the reinforcement is not continuous over the supports, 18,000 if the reinforcement consists of rods or other shapes securely hooked over or attached to the supports, and 26,000 if the reinforcement consists of steel fabric continuous over the supports, and, when stone con- crete is used, 16,000, 20,000 and 30,000, respectively. In determining the safe carrying capacities of concrete floor fillings segmental in form, the compressive stress in pounds per square inch in the concrete shall not exceed 300 for cinder concrete or 500 for stone concrete. Nothing in this section shall prevent the determination of the safe carrying capacity of any form of concrete floor filling approved as fireproof under the provisions of this article, by the usual methods of calculation, provided the stresses used, in pounds per square inch, shall not exceed 300 for cinder concrete in compression, 16,000 for steel in tension, and 50 for bond between cinder concrete and steel, or in the case of stone concrete, the values fixed by article 16. 5. Test of floor fillings, a. Fire tests. In testing the fireproof qualities of any floor filling, at least one panel of the proposed maxi- mum span, carrying a live load of at least one hundred and fifty pounds per square foot, shall be subjected to a fire continuous for four hours at an average temperature of seventeen hundred degrees Fahrenheit, followed by an application for not less than ten minutes of a hose stream from a one and one-eighth inch nozzle at sixty pounds pressure, without appreciable deterioration or the passage of flame through the floor during the test. b. Load tests. When the strength of any floor filling carrot be determined by the methods prescribed in this section or by the ap- plication of accepted engineering formulae the safe uniformly dis- tributed carrying capacity shall be taken as one-sixth of the total load causing failure in a full-sized construction with the load applied at two points each at one-third of the span from the ends of the span. 6. Special roof construction. For mansards and dormers, roofs of bulkheads and roofs having a pitch of more than thirty degrees with the horizontal, blocks of terra cotta, stone or cinder concrete, or gypsum containing not more than twenty-five per cent, by weight of cinders, asbestos fibre, wood chips or vegetable fibre, not less than two inches thick, resting on steel shapes spaced not more than one foot for each inch of thickness in the block may be used instead of the construction prescribed by this section for floors and roofs. 7. Tie rods. The supporting beams in fireproof floors and roofs ohajl be tied together by steel tie rods of proper size, spacing and 114 CODE OF ORDINANCES OF THE CITY OF NEW YORK location, within the limitations fixed by 308 of this chapter, pro- vided that when the floor filling is in the form of reinforced slabs and the reinforcement is continuous over the supports or securely attached to the same tie rods may be omitted. 8. Span of floor filling. In fireproof buildings the span of any floor filling shall not exceed eight feet except when reinforced concrete or reinforced terra cotta is used. 9. Top filling. In fireproof buildings the space between the floor filling and the flooring shall be filled with concrete, consisting of one part of cement and not more than ten parts of cinders, or with other incombustible material approved by the rules of the superintendent of buildings. 10. Cutting floors. After the floor filling is completed, no opening greater than two square feet shall be cut through said floors unless suitable metal framing or reinforcing is provided around the opening. When pipes or conduits pass through floor fillings the openings around the same shall be filled in solidly with fireproof material unless Approved close fitting individual sleeves are provided with space ground sleeves filled solidly with incombustible material. 355. Partitions. 1. Materials. Except as otherwise provided in this section or in article 18 of this chapter, partitions hereafter erected in fireproof buildings shall be constructed of the materials and in the manner herein specified: a. Brick in cement mortar. b. Concrete, consisting of one part portland cement and not more than three parts of sand and six parts of stone or gravel, not less than three inches thick if properly reinforced with steel, nor less than four inches thick otherwise. c. Cinder concrete, consisting of one part portland cement and not more than three parts of sand and six parts of cinders, not less than four inches thick if properly reinforced with steel, not less than five inches thick otherwise. d. Hollow terra cotta blocks, laid in cement mortar, not less than three inches thick. e. Hollow concrete blocks, of either stone or cinder concrete, laid in cement mortar, not less than three inches thick. f . Solid or hollow blocks consisting of gypsum containing not more than wenty-five per cent, by weight of either cinders, asbestos fibre, wood chips or vegetable fibre, laid in gypsum plaster or cement mor- tar tempered with lime, not less than three inches thick. g. Metal lath on a steel studding covered with portland cement mortar of gypsum plaster, of a finished thickness of not less than two inches in the case of solid partitions nor less than three inches in the case of hollow partitions; or h. Any material and form of construction that may be approved by the superintendent of buildings as conforming to the requirements of the fire test hereinafter prescribed. But nothing in this section shall prevent the erection, in the direc- tion of the superintendent of buildings, of partitions of pressed metal and glass or of temporary partitions of wood and glass within rooms or spaces enclosed by fireproof oartitions or walls. 2. Construction. Unless built as approved masonry walls, parti- tions in fireproof buildings sLaa oe independently supported at each BUILDING CODE 115 floor. They shall be keyed, or otherwise securely fastened to the ceilings, and, when necessary, shall be stiffened with suitable steel uprights securely fastened to floor and ceiling. Partitions enclosing hallways or toilet rooms and other permanent partitions shall not rest on wood flooring but shall start on the fireproof construction of the floor. 3. Tests of fireproof partitions. In testing the fireproof qualities of any partition construction, a vertical panel not less than fourteen feet long and nine feet high shall be subjected to a fire continuous for not less than one hour at an average temperature of seventeen hundred degrees Fahrenheit during the latter half hour, followed by an application for not less than two and one-half minutes of a hose stream from a one and one-eighth inch nozzle at thirty pounds nozzle pressure, without the passage of flame during the test. 356. Interior finish. 1. General restrictions. Except as herein- after otherwise permitted no woodwork or other combustible ma- terial shall be used in the floors, ceilings, partitions, furrings or other interior finish of fireproof buildings. 2. Woodwork permitted, a. Floor sleepers, door bucks and grounds may be of wood provided that they are not exposed on any side; but this shall not permit the use of anything but lath, furring or forms of metal in ceilings or in ornamental plastering work. b. When the height of the building does not exceed one hundred and fifty feet the doors and windows and their frames, the trim, casings and other interior finish when filled solid at the back with fireproof material, and the flooring may be of wood. 3. Restrictions in buildings over one hundred and fifty feet high. When the height of the building exceeds one hundred and fifty feet. a. the flooring shall be of incombustible material, or of fireproofed wood, provided that in public halls and stairways no wood of any kind, except for handrails, shall be used; b. the inside window frames and sash, doors, trim and other in- terior finish shall be of metal or wood covered with metal, or of fire- proofed wood, or of any incombustible materials or any combination of materials that will show a fire resistance not less than that of fire- proofed wood. 4. Fireproofed wood. The superintendent of buildings shall adopt rules prescribing the tests to which fireproofed wood and incom- bustible materials or any combination of materials shall be sub- jected. Such rules shall also provide for the inspection and marking of the materials, to insure the installation of tested and approved materials only. No wood or other material required to be tested, shall hereafter be placed in any building exceeding one hundred and fifty feet in height except in conformity to the requirements of this section. 357. Exterior windows. When the height of a fireproof building exceeds one hundred and fifty feet, all exterior window frames and sash shall be of metal, or of wood covered with metal in the manner prescribed by the rules of the superintendent of buildings. 358. Approvals. 1. Existing approvals continued. Any ma- terial or form of construction coming under the provisions of this article and heretofore approved may be used for the purposes foi 116 CODE OF ORDINANCES OF THE CITY OF NEW YORK which it was approved, except so far as it may be inconsistent with specific provisions of this article. 2. New materials and constructions. Approvals for new materials and forms of construction shall be issued in accordance with the provisions of 22 of this chapter. Nothing in this chapter shall prevent the superintendent of buildings from accepting duly au- thenticated tests by any competent person, in lieu of the tests under his own supervision, provided the intent of this article is secured. 2. Nothing in this ordinance shall prohibit the use of material already fabricated or of any construction already erected, which conforms to previously existing statutes, but this shall not be con- strued to permit the continuance of any construction erected in violation of any statute previously in force, nor to prevent the col- lection of any penalty heretofore incurred. ARTICLE 18 SAFEGUARDS AGAINST SPREAD OF FIRE (As amend, by ord. effective Nov. 23, 1915) Sec. 370. Definitions. 371. Fire walls. 372. Fire partitions. 373. Shafts. 374. Existing hoistways. 375. Protection of exterior openings. 376. Protectives for openings. Sec. 370. Definitions. For the purpose of this chapter. a. A fire wall is any wall built for the purpose of restricting the area subject to the spread of fire; b. A fire partition is a subdividing partition built for the purpose of protecting life by providing an area of refuge; c. A shaft is an enclosed space extending through one or more stories of a building connecting a series of two or more openings in successive floors, or floors and roof; d. An open shaft is one that extends through the roof of a building and is open to the outer air at the top; e. A vent shaft is one used solely to ventilate or light, or both, one or more water-closet compartments or bathrooms; f . An elevator shaft is one that encloses any device used for carry- ing persons or things upward or downward; g. A dumbwaiter shaft is an elevator shaft which has a cross- sectional area at any point of nine square feet or less, and in which the device is used only for the carrying of things: h. The term "self-closing," as applied to a fire door or other open- ing protective, means closing automatically after having been opened for use; i. The term "automatic," as applied to a fire door or other open- ing protective, means normally held in an open position and automat- ically closing by the action of some releasing device. BUILDING CODE 117 371 . Fire walls. 1 . Construction. Fire walls shall be constructed of approved masonry or reinforced concrete of the thicknesses pre- scribed by this chapter for the exterior walls of the building in which it is erected, but if hollow terra cotta blocks are used they shall be filled solidly with concrete. In non-fireproof buildings fire walls shall be continuous from the foundation to the roof and provided above the roof with a parapet wall, as specified in 259 of this chapter. 2. Opening. No opening in a fire wall shall exceed eighty square feet in area, and the aggregate width of all openings at any level shall not exceed twenty-five per cent, of the length of the wall, except that in the first story of buildings equipped throughout with an approved system of automatic sprinklers larger openings and a greater percentage of wall length may be used by the special written permission of the superintendent of buildings, stating the reason for such allowance. Every opening in a fire wall shall be protected on each side of the wall with an approved automatic fire door. When any fire wall serves also as a fire partition it shall have no openings other than door openings not exceeding forty-eight square feet in area, and one of the automatic fire doors at each open- ing shall be replaced by a self-closing fire door. 372. Fire partitions. 1. Construction. Fire partitions shall be constructed of the materials and in the manner herein specified, as follows: a. Approved masonry; b. Any form of fireproof partition, constructed as required in 355 of this chapter, provided (1) that such partition is supported on each story on fireproof construction, (2) that, unless otherwise approved after the three hours fire test herein provided, the thicknesses are not less than eight inches for brick, not less than six inches for stone or cinder concrete, or hollow blocks of terra cotta, concrete or gypsum, and not less than four inches for stone or cinder concrete if properly reinforced with steel. (3) that, unless constructed of expanded metal or wire lath ana cement mortar of a finished thickness of not less than two and one- half inches, metal lath construction shall not be used, and, (4) that all openings in partitions of hollow building blocks, gypsum or metal lath construction, shall be adequately reinforced with steel; or, c. Any material and form of construction that may be approved by the Superintendent of Buildings as conforming to the require- ments of the fire test prescribed in subdivision 3, 355 of this chapter, provided, however, that for fire partitions the duration of such test shall be not less tnan three hours and that such partition shall be supported at each story on fireproof construction. 2. In non-fireproof buildings. In non-fireproof buildings fire partitions, if required in any story, shall be continuous through all stories from the foundation to the roof, provided that if any of the floors of the building are of fireproof construction for their full extent and all stairways are enclosed in approved fireproof con- struction, fire partitions shall be required to be continuous only from one such fireproof floor to another or to the roof. Any such fire partition shall be deemed continuous, even though the several 118 CODE OF ORDINANCES OP THE CITY OF NEW YORK parts are not directly over one another in successive stories, if the intervening parts of the floors at the levels where offsets occur, are of fireproof construction and all parts not supported directly on the foundations are carried on fireproof construction. Fire parti- tions shall be carried at least three feet above any non-fireproof roof. 3. Openings. Fire partitions shall have no openings other than the required door openings. No such door opening shall exceed forty- eight square feet in area. If more than one door opening is required, the distance, measured along the line of the fire partition, between any door ana the next one shall not be more than sixty feet. Every opening in a fire partition shall be protected by an approved self- closing fire door. 373. Shafts. 1. When required. Unless otherwise specially provided by any other law or ordinance, shafts as in this section described and specified shall be provided in all fireproof and non- fireproof buildings for every series of floor openings, except stair- ways, hereafter placed or constructed in any such building, whether for air, light, elevator or any other purpose, or hereafter altered so as to enlarge any of such openings, or to change their use. The pro- visions of this section shall not, however, be taken to apply to ducts permitted by Article 19 of this chapter. 2. Open shafts. All open shafts hereafter placed in any building shall be constructed of approved masonry or reinforced concrete, and of the thicknesses required for exterior walls, provided that for shaft walls not exceeding ten feet in length the thickness may be reduced to not less than eight inches for the uppermost forty feet and four inches more for each lower section of forty feet. 3. Shafts exceeding nine square feet in area. Except as herein- after provided in this section, all shafts hereafter erected in any building and having a cross-sectional area at any point within the enclosing, walls of more than nine square feet, and all existing shafts hereafter enlarged so that the cross-sectional area at any point exceeds nine square feet shall be constructed in the manner and of the material and thicknesses prescribed in subdivision 1, 372 of this article for fire partitions, or subdivision 2 of this section for open shafts. 4. Shafts not exceeding nine square feet in area. All shafts here- after erected in any building and having a cross-sectional area at any point of nine sauare feet or less, except as hereafter provided in this section, shall be constructed of approved masonry, reinforced concrete, or any material or form of construction, not less than two inches thick, permitted under the provisions of 355 of this chapter as permanent fireproof partitions, set in a steel frame of proper strength or suitably reinforced with metal dowels, or in such other manner as may be approved by the Superintendent of Buildings. 5. Elevator shafts in existing residence buildings. In existing resi- dence buildings which have not more than fifteen sleeping rooms any elevator shaft hereafter erected, when the available space does not permit of the construction required by subdivision 3 of this section, may be constructed as required by subdivision 4 of this section. 6. Non-fireproof shafts. Vent shafts hereafter erected in non- fireproof residence buildings, when extending through not more than BUILDING CODE 119 one story in height, carried not less than three feet above the roof and covered with a ventilating skylight of metal and glass, and dumb- waiter shafts hereafter erected that do not extend more than three stories above the cellar or basement in residence buildings occupied by not more than two families or having not more than fifteen sleep- ing rooms, may be built of wood filled in solidly with brick or other approved incombustible material, or covered on the inside with plaster on plaster board or metal lath, or with sheet metal not less than one-sixteenth of an inch in thickness, provided that the part of any such dumbwaiter shaft which extends into the cellar shall be enclosed in eight-inch brick walls. 7. Existing elevators. In every non-fireproof public building all elevators not already enclosed in fireproof shafts shall be enclosed in wall constructed and arranged as in this section required for ele- vator shafts. 8. Existing dumbwaiter shafts. Any existing dumbwaiter shaft which extends into the cellar or basement, except such as do not extend more than three stories above the cellar or basement in resi- dence buildings, shall be enclosed in the cellar or basement with walls of brick eight inches thick or other fireproof construction approved by the superintendent of buildings, unless already enclosed in some form of construction conforming to the requirements of subdivision 4 of this section. Requirement that dumbwaiter shafts be fireproofed held to apply to buildings erected before the provision was adopted. City N. Y. v. Foster, 148 App. Div. 258, aff'd 205 N. Y. 593. 9. Openings, a. In open shafts having a cross-sectional area at any point of thirty-six square feet or less, hereafter erected or altered, all openings shall be protected with fire doors, fire shutters or fire windows. b. In vent shafts, hereafter erected or altered, except non-fireproof vent shafts, all openings shall be provided with fire windows. c. In elevator shafts hereafter erected or materially altered all door openings shall be protected by fire doors. No other openings shall be provided in such shafts, except window openings to the outer air. d. In dumbwaiter shafts hereafter erected or altered, there shall be no openings other than door openings protected with self-closing fire doors. e. All other shafts not provided for in this subdivision, hereafter erected or altered, shall have all openings protected with self-closing fire doors. 10. Enclosure at top. All shafts hereafter erected or altered to extend into the top story of any non-fireproof building shall be carried through and not less than three feet above the roof. Every shaft extending above the roof, except open shafts, shall be enclosed at the top with a roof of fireproof construction and a metal skylight of at least three-fourths the area of the shaft in the top story, except that the skylight herein required may be replaced by a window of equivalent area in the side of the shaft provided the sill of such win- dow is not less than three feet above the roof and the window does not face a property line within ten feet. Any shaft that does not extend into the top story of the building shall have the top enclosed with fireproof construction. 120 CODE OF ORDINANCES OF THE CITY OF NEW YORK 11. Enclosure at bottom. The bottom of every shaft, hereafter erected or altered, except vent shafts, shall be enclosed with fireproof construction. 12. Elevator machinery compartments. When any compartment which contains machinery for operating an elevator communicates with an elevator shaft it shall be enclosed with partitions of the same material, and construction as required for the shaft, and shall have five doors in the openings. 13. Number of elevators restricted in shaft. Not more than two elevators shall be placed hereafter in any one shaft, and where there are only two elevators in any building they shall be. placed iri separate shafts. 374. Existing hoistways. 1. Gates and trapdoors. In any exist- ing building in which there shall be any hoistway, elevator or well- hole not already 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 pro- vided with and protected by substantial guards or gates and with such good and sufficient trap doors as may be directed and approved by the superintendent of buildings. When, in the opinion of the superintendent of buildings, automatic trapdoors are required to the floor openings of any uninclosed 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. 2. Enforcement of section. Except as otherwise provided by law or ordinance, the superintendent of buildings shall have power and authority to require the openings of hoistways, elevators and well- holes in buildings to be enclosed or secured by trapdoors, guards or gates and railings. 3. Guards, gates and trapdoors to be closed when not in use. All guards or gates required by this section shall be kept closed at all times, except when in actual use, and the trapdoors 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. (B. C., sec. 95, rev. from L. 1882, ch. 410, 492, as amend.) It is the duty of an owner of a building to protect a hatchway by a suitable railing. McRickard v. Flint, 114 N. Y. 222; Atkinson v. Abraham, 45 Hun, 238. And see Malloy v. N. Y. Real Est. Assn., 156 N. Y. 205. Provisions to safeguard elevator shafts, held reasonable. Racine v. Norris, 136 App. Div. 468, aff'd 201 N. Y. 240. 375. Protection of exterior openings. 1. When required. Every window or other opening above the first story in the exterior walls of every fireproof and non-fireproof business building, more than forty feet in height, shall, except as may be otherwise specifically provided in this chapter or by any other law or ordinance, be protected by a fire door, fire window, fire shutter, open sprinkler or other approved protective when such opening is distant in a direct line less than thirty feet from any opening in any other building and not in the same plane with said opening, or when said opening is not more than fifty feet above a neighboring roof. 2. Fire shutters to be readily opened. When fire shutters are used m exterior openings at least one row in every three vertical rows of shutters on front window openings shall be arranged to be readily BUILDING CODE 121 opened from the outside. Distinguishing marks, satisfactory to the fire commissioner, shall be provided on these shutters. 3. Openings to fire escapes. When fire doors or fire shutters are used on exterior openings leading to fire escapes or exterior exits of any kind they shall be so arranged as not to obstruct such fire escape or exit. 4. Vertical separation of windows. In fireproof and non-fireproof business buildings hereafter erected, over forty feet in height, ex- terior openings above the second story that are located vertically above one another and that do not require any protective under this section, shall have not less than three feet of solid masonry between the top of one opening and the bottom of the one next above, and no such opening shall be arranged, to open within one foot of the ceiling of the story in which it is located, provided, however, that part of such masonry between openings may be replaced by wire glass in fixed metal sash and frame. 5. Closing protectives. All fire doors, fire shutters and fire win- dows on exterior openings, unless provided with approved automatic closing devices operative from either side, shall be closed when not required to be open, and at the close of business each day by the occupant or occupants of the building having the use or control of them. 376. Protectives for openings. 1. Construction. All opening protectives required or permitted under this chapter shall be con- structed as prescribed in such rules, consistent with the provisions of this chapter, as may be promulgated by the superintendent of buildings, or, in the absence of such rules, as specified in the standard requirements of the National Board of Fire Underwriters; or they may be constructed in any manner and of any material that will comply with the fire test hereinafter prescribed. 2. fire test. In testing the fireproof qualities of any opening protective a complete sample of the device of the maximum size to be approved, constructed and installed in every respect as in actual service, shall be subjected to a fire on one side, continuous for not less than one hour, at a temperature, in the case of fire doors and fire shutters increasing gradually from that of the outer air to 1800 degrees Fahrenheit within the first half-hour and to 2000 de- grees Fahrenheit during the second half-hour, and, in the case of fire windows, increasing gradually from that of the outer air to 1500 degrees Fahrenheit within the hour, without permitting the passage of flame or the transmission of heat to a dangerous extent. 3. Use of wire glass. When wire glass is required or permitted by this chapter or the rules authorized thereunder, for fire doors, fire shutters or fire windows, the panes shall not exceed seven hundred and twenty square inches in area, and shall not be less than one- quarter inch in thickness, and shall be set not less than five-eighths of an inch in the frame. When the use of glass is permitted in any fire door or fire shutter only wire glass shall be used. For the glazing of fire windows only wire glass shall be used. 122 CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 19 CHIMNEYS AND HEATING APPARATUS Sec. 390. General. 391. Heat producing devices. 392. Chimneys. 393. Fireplaces. I 394. Metal smokestacks. 395. Cupola chimneys. 396. Underground flues. 397. Ranges. 398. Drying rooms. 399. Smoke houses. 400. Registers. 401. Vent flues. 402. Ducts. 403. Smoke pipes. 404. Steam and hot water pipes. 390. General. 1. Definitions. For the purposes of this chapter. a. A chimney is that part of a building which contains ono or more flues for transmitting the products of combustion from some fireplace or heating device to the outer air, and includes the fireplace when there is one: b. A flue is a passage, enclosed on all sides, with solid masonry or reinforced concrete and used only for the transmission of air, whether fresh, heated, or vitiated, or of the products of combustion from solid fuel or liquid fuel, and designated respectively vent flue or smoke flue; c. A duct is a passage constructed of sheet metal or other approved incombustible material, and used only for the transmission of air, whether fresh, heated or vitiated; d. A smoke pipe is a passage constructed of metal and used as an intermediate connection between a heat producing device and a chimney or metal stack for the transmission of the products of com- bustion. 2. Notice of installation. In case heat producing appliances or furnaces are hereafter placed in any building, or flues and fireplaces are installed, changed or enlarged, and such installation or alteration necessitates any change in any structural parts of the building, due notice shall be given to the superintendent of buildings by the person doing such work or causing the same to be done, and a permit se- cured from him if necessary. 391. Heat producing devices. For the purposes of this chapter, heat producing devices shall be graded as a. Low, including bakers' ovens; boiling vats; candy furnaces; clay, coke and gypsum tripoli kilns; coffee roasting ovens; cooking ranges; core ovens; cruller furnaces; drying furnaces for spent ma- terials; feed drying ovens; fertilizer drying ovens; forge furnaces; gas producers; gypsum kilns; hardening furnaces (below dark red); hot air engine furnaces; hot air engine furnaces; hot air heating BUILDING CODE 123 furnaces; hot water and low pressure steam heating boilers; japan- ning ovens; ladle drying furnaces; lead melting furnaces; nickel plate furnaces; paraffine furnaces; rendering furnaces; rosin melting fur- naces; stereotype furnaces; sulphur furnaces; typefoundry furnaces; wood drying furnaces; wood impregnating furnaces; b. Medium, including alabaster gypsum kilns; charcoal furnaces; direct fire heated feed driers; direct fire heated fertilizer driers; direct fire heated pulp driers; galvanizing furnaces; glass factory lehrs and glory holes; hardening furnaces (cherry to pale red); lime kilns; porcelain biscuit kilns; smoke houses; steam boilers, other than low pressure heating boilers; water-glass kilns; wood-distilling furnaces; wood-gas retorts; c. High, including annealing furnaces; bessemer retorts; billet and bloom furnaces; blast furnaces; bone calcining furnaces; brass furnaces; carbon point furnaces; cement, brick and tile kilns; coal and water gas retorts; cupolas; earthenware kilns; gas blow fur- naces; glass smelting furnaces; glass kilns; open hearth furnaces; ore roasting furnaces; porcelain baking and glazing kilns; pot-arches; puddling furnaces; regenerative furnaces; reverberatory furnaces; stacks, carburetor or super-heating furnaces in water gas works; welding furnaces; wood carbonizing furnaces. In doubtful cases the superintendent of buildings shall by a rule designate the grade of any heat producing device, being governed in doing so by the degree and amount of heat transmitted. 392. Chimneys. 1. Construction. Except as in this article otherwise provided, every chimney hereafter erected shall be of brick or stone laid in cement mortar, or of reinforced concrete, ex- tending above the highest point of the roof and at least four feet above the highest point of contact with the roof. Every chimney shall be properly capped with terra cotta, stone, cast iron or other approved incombustible, weatherproof material, except that on buildings forty feet or less in height the top courses of a brick chim- ney may be finished off by being carefully bonded and anchored together to serve as coping. 2. Supports. All chimneys shall be wholly supported by stone, brick or self-supporting fireproof construction. No chimney shall rest or be built upon any wood construction. 3. Flues for low grade devices. The smoke flues of stoves, cooking ranges, hot air, hot water and low pressure steam heating furnaces, and all other heat producing devices graded as low, shall be encased in brickwork or concrete not less than eight inches thick, except that for smoke flues exclusively used for ordinary stoves, ranges or open fireplaces when no combustible studding, furring or sheathing is placed against it, such brickwork or concrete may be reduced to not less than four inches. In chimneys of stone, the stonework of such flues shall be four inches thicker than required for brick. Every flue coming under the provisions of this subdivision hereafter erected shall be lined with well-burnt terra cotta pipe, from the bottom of the flue, or from the throat of the fireplace if the flue starts from a fireplace, for the entire height of the chimney. Such lining pipes shall be built in as the flues are carried up, laid end to end in cement mortar so as to make a smooth flue. Where two or more smoke flues are contained in the same chimney, the withes shall be either 124 CODE OP ORDINANCES OP THE CITY OP NEW YORK brick not less than four inches thick, or concrete or grout not less than one inch thick, provided, however, that every third withe shall consist of brick. 4. Flues for medium grade devices. The smoke flues of high pressure steam boilers, smoke houses and all other heat producing devices graded as medium shall be encased hi brickwork or concrete not less than eight inches thick, or stonework not less than twelve inches thick, and in addition, shall be lined with not less than four inches of firebrick, laid in fire mortar, for a distance of at least twenty-five feet from the point where the smoke connection of the device enters the flue. 5. Flues for high grade devices. The smoke flues of cupolas, brass furnaces, porcelain baking kilns and all other heat producing devices graded as high shall be built with double walls, each not less than eight inches in thickness, with an air space of not less than two inches between them. The inside of the interior walls shall be of firebrick not less than four inches in thickness. 6. Certain flues required. In every building hereafter erected exceeding forty feet in height, where one or more smoke flues start from the cellar or lowest story, at least one such flue shall have an internal cross-sectional area of not less than ninety-six square inches and shall start not less than three feet below the ceiling. No flue hereafter erected shall have smoke-pipe connections in more than one story of a building. 7. Flues to be clean and chimney s^safe. Upon the completion of any new building or an alteration in any flues of an existing building, the flues shall be properly cleaned and left smooth on the inside. Any chimney which shall be dangerous hi any manner whatever shall be repaired and made safe, or taken down. 8. Unlawful use of flues. It shall be unlawful to use as a smoke flue any flue hereafter erected or placed in any building, or any flue now existing and not already used as a smoke flue, unless it conforms to the requirements of this section. I^othing in this article, however, shall prevent the use of approved metal flue linings for the repair or alteration of flues in residence buildings. 9. Raising adjoining chimneys, a. Whenever a building, wall or structure is hereafter erected, altered, enlarged or raised so that any of the walls, whether independent or party, along a property line or within three feet thereof, extends above the top of any chim- ney, smoke flue or smokestack of an adjoining building or structure, the owner of the building, wall or structure so erected, altered, en- larged or raised, shall, at his own expense, carry up, either independ- ently or in his own building, wall or structure, all chimneys, smoke flues and smokestacks of such adjoining building or structure within ten feet of any portion of the said wall extending above such chim- ney, flue or stack. The construction of such chimneys, flues or stacks shall conform to the requirements of this article applying thereto, but in no case shall the internal area of any flue or stack as raised be less than that of the existing flue or stack. All such chimneys, flues or stacks shall be carried above the walls in question to the heights prescribed, and shall, furthermore, be so constructed, supported and braced as to be at all times safe. b. It shall be the duty of the owner of the building, wall or struc- BUILDING CODE 125 ture to be erected, altered, enlarged or raised to notify in writing, at least ten days before such work is begun, the owner of the chim- neys, flues or stacks affected, of his intention to carry up such chim- neys, flues or stacks as herein provided, and unless released in writing he shall carry up such chimneys, flues or stacks simultaneously with the walls. 393. Fireplaces. 1. Firebacks. The firebacks of all fireplaces hereafter erected shall be not less than eight inches in thickness of solid masonry. A lining of firebrick or other approved material at least two inches thick shall be provided unless the fireback is twelve inches in thickness. 2. Trimmer arches. All fireplaces and chimney breasts where mantels are placed, whether intended for ordinary fireplace use or not, shall have trimmer arches of fireproof construction supporting hearths. The arches and hearths shall be at least twenty inches in width measured from the face of the chimney breast. Trimmer arches shall be of brick, stone, terra cotta or reinforced concrete. The length of the trimmer arch shall not be less than the width of the chimney breast, and the length of the hearth shall be not less than the width of the mantel. The hearths shall be of brick, stone, tile or other approved fireproof material. The combined thickness of trimmer arch and hearth shall at no point be less than six inches. Wood centres under trimmer arches shall be removed before plaster- ing the ceiling underneath. 3. Heaters. No heater shall be placed in a fireplace which does not conform to the foregoing requirements of this section. 4. Mantels. No wood mantel or other woodwork shall be here- after placed within eight inches on either side nor within twelve inches of the top of any open fireplace. If a coal-burning heater of the Baltimore type is placed in a fireplace, any mantel that may be provided shall be of incombustible material. No combustible sum- mer piece or fireboard shall be used in connection with any open fire- place. All spaces back of combustible mantels shall be solidly filled - in with incombustible material. 5. False fireplaces. False fireplaces using summer pieces or fire- boards shall not be placed in any building except against an unfurred masonry wall or a fireproof partition. 394. Metal smokestacks. 1. Construction. Metal smokestacks must be so constructed that they will be securely supported and that the materials entering into their construction or serving as support shall not be stressed beyond the working stresses fixed by this chap- ter. The metal work must be riveted and of adequate thickness, but not less than No. 16 U. S. gage when the cross-sectional area is one hundred and fifty-four square inches or less, not less than No. 14 U. S. gage when the cross-sectional area is more than one hundred and fifty-four square inches and not more than two hundred and one square inches, not less than No. 12 U. S. gage when the cross-sectional area is more than two hundred and one square inches but not more than two hundred and fifty-four square inches, and not less than No. 10 U. S. gage when the cross-sectional area is more than two hundred and fifty-four square inches. All metal work shall be painted: gal- vanized metal shall not be used. Clean-out openings shall be pro- vided at the base of every such stack. 126 CODE OP ORDINANCES OF THE CITY OF NEW YORK 2. Height. All such stacks serving high grade heat producing devices shall extend to a height of not less than ten feet above the highest point of any roof within twenty-five feet. 3. Independent stacks. All such stacks hereafter erected, outside and independent of any building, shall be supported on substantial masonry foundations, so designed that the maximum pressure on the soil shall not exceed two-thirds of that prescribed in 231 of this chapter. 4. Exterior stacks. Any such stacks, or any part thereof, hereafter erected on the immediate exterior of the building it serves shall be braced to such building at least every twenty feet. It shall have a clearance of not less than four inches from the walls of a fireproof or non-fireproof building and not less than twenty-four inches from the walls of a frame building; and a clearance of not less than twenty- four inches in any direction from any wall opening, fire escape or other exit facility, unless such stack is insulated in some approved manner, in which case the clearances herein provided may be reduced an amount fixed by the superintendent of buildings when approving the insulation. 5. Interior stacks. Any such stack, or part thereof, hereafter erected within any building shall be enclosed in walls of approved masonry; or, if in a fireproof building, such stack, or part thereof, shall be enclosed in walls of brick, terra cotta blocks or concrete not less than eight inches thick, with a space left between the stack and the enclosing walls sufficient to render the entire stack accessible for examination and repair. The enclosing walls shall be without openings above the story at which it starts. 6. Prohibition. Smokestacks shall not be carried up inside of vent stacks or flues connected to ranges, unless such vent stacks or flues are constructed as required by this article for smokestacks or smoke flues. 395. Cupola chimneys. Chimneys or cupola furnaces, blast furnaces and similar devices shall extend at least twenty feet above the highest point of any roof within a radius of fifty feet thereof and be covered on the top with heavy wire netting or other approved spark arrester. No woodwork shall be within three feet of any part of such device or its chimney. 396. Underground smoke flues shall be covered with at least twelve inches of solid masonry, or an approved equivalent insulation. If clean-out openings are installed they shall be provided with ap- proved double iron doors or covers, of which the two parts are twelve inches apart, with the intervening space filled with insulating ma- terial. No combustible flooring shall be laid over any such flues. 397. Ranges. 1. Kitchen ranges. -When fixed ranges are to be installed in any building hereafter erected trimmer arches extending beyond such ranges not less than six inches on all sides shall be pro- vided unless the floor is of fireproof construction. No such range shall be placed against a stud partition, a furred wall or any other com- bustible construction. When any such range is to be placed within twelve inches of a wood stud partition the said partition shall be shielded with metal from the floor to a height of not less than three feet higher than the range, provided that when the range is within six inches of the partition the studs shall be cut away and framed BUILDING CODE 127 three 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. 2. Hoods over ranges. All hoods and ducts for same placed over hotel or restaurant ranges shall be constructed of incombustible materials and installed in accordance with the requirements of 403 for smokepipes. 398. Drying rooms. Drying rooms hereafter placed within any building as a part of the building shall be constructed entirely of incombustible materials. When the heating pipes are not placed overhead, they shall be so shielded as to preserve at all times a clear space of not less than two inches between them and the contents. All such drying rooms shall be ventilated directly to the outer air by vent flues or ducts installed as specified in 403 of this article for smokepipes. 399. Smoke houses. All smoke houses hereafter erected as part of any building shall be of fireproof construction with walls of brick or reinforced concrete. All openings shall be provided with fire doors. The interior framing, racks, hangers and other interior fittings shall be of incombustible materials. 400. Registers. All registers used in any hot-air furnace heating system, placed in any woodwork or combustible floor, shall rest upon stone or iron borders firmly set in plaster of paris or gauged mortar. All register boxes used in any such heating system shall DC made of tin plate or galvanized iron with a flange to fit the rabbet in the border. The register box shall be enclosed in a tin or galvanized iron casing turned under the border and spaced at least two inches from the sides of the box. Such casing shall extend from the border to and through the ceiling below in the case of a floor register and through the partition in the case of a wall register. When a register box is placed in the floor over a portable furnace, the space on all sides between the casing an 1 the register box shall be not less than four inches. Every hot-air furnace shall have at least one register without valve or louvres. 401. Vint flues. Flues hereafter erected for the removal of foul air or the transmission of heated air shall be encased in masonry not less than four inches thick and shall be lined with terra cotta or other approved incombustible material. Not more than one gas burning device shall be direct-connected to any flue, nor shall any such device be connected to any flue used as a smoke flue. Any flue to which a gas burning device is direct-connected shall be constructed as required in 392 for a smoke flue. 402. Ducts. 1. General. Except as may be otherwise specif- ically permitted or prescribed, the transmission of air through buildings for heating or ventilation shall be by means of ducts con- structed as in this section provided. 2. Casing. No casing, furring or lath of wood shall be placed r'nst or cover a duct of any kind; but this shall not prevent the ing of woodwork on a covering over such ducts, of metal lath and plaster, plaster board or asbestos, provided the thickness of the covering is not less than seven-eighths of an inch. 3. 'In partitions. Duets hereafter placed in combustible parti- tions shall he covered with one-half inch of corrugated :il>sestos or shall be constructed double with a one-half inch air space. The 128 CODE OF ORDINANCES OP THE CITY OP NEW YORK asbestos covering or outside pipe shall be not less than one and one- half inches away from the woodwork. In lieu of the above protection, four inches of brickwork or concrete may be placed between the duct and the woodwork. 4. In floors. Ducts hereafter placed between the flooring and ceiling of non-fireproof floors, shall be constructed double with a one-inch air space. The outside pipe shall be not less than two inches from any woodwork, which shall be covered with metal. 5. In closets. Ducts hereafter placed in closets or similar concealed spaces shall be double with a one and one-half inch air space, or shall be covered with approved incombustible insulation, not less than one inch thick. When constructed double the outside pipe shall be not less than No. 18 U. S. gage, and not less than one inch from any wood- work. 6. Passing through partitions and floors. Ducts hereafter placed to pass through combustible partitions or floors shall be constructed double, with a one and one-half inch air space open at one end, or shall be covered with approved incombustible insulation not less than one inch thick. 7. Horizontal ducts. Ducts used for hot-air furnace heating, here- after placed under cellar ceilings, shall be at least six inches below wood floor beams, wood lath and plaster ceiling or other combustible materials; but if such combustible construction is protected by metal lath and plaster, plaster board or one-half inch asbestos the distance may be not less than three inches. 8. Cold air ducts. The cold air ducts of any heating system shall be of metal or other approved fireproof material. 9. Hot air ducts. No hot-air furnace duct shall be placed in any floor, partition or enclosure, of combustible construction, unless it be at least eight feet distant in a horizontal direction from the fur- nace. 403. Smoke pipes. 1. Restriction. No smoke pipe shall pass through any floor, nor through any non-fireproof roof. 2. Clearance. The clear distance between any smoke pipe or metal breeching and any combustible material or construction shall be not less than eighteen inches in the case of low grade heat produc- ing devices, nor less than thirty-six inches for medium or high grade heat producing devices, except that, when such smoke pipes or breechings are protected with not less than two inches of asbestos or in some other approved manner, such clearances may be reduced one-half, and that, in the case of smoke pipes used on ordinary ranges and stoves in tenements or other residence buildings having not more than fifteen sleeping rooms, such clearances may be not less than nine inches when the combustible material or construction is pro- tected by one-half inch asbestos or its equivalent, nor less than eight- een inches when not so protected. 3. Protection through partitions. Smoke pipes from ordinary ranges and stoves in residence buildings may pass through combustible partitions, provided every such pipe is guarded by a double metal ventilated thimble twelve inches larger in diameter than the pipe, or by a metal tube built in brickwork or other approved fireproof materials, not less than eight inches thick on all sides of the tube. 404. Steam and fiot water pipes. 1. Protection. Steam or hot BUILDING CODE 129 water pipes shall not be placed nearer than one inch to any wood- work unless the woodwork is covered with metal, in which case the distance shall be not less than one-half inch. Every steam or hot water heating pipe passing through a combustible floor or partition shall be protected by a metal tube one inch larger in diameter than the pipe. Any such pipe passing through stock shelving shall be covered with not less than one inch of approved insulation. All wood boxes or casings inclosing steam or hot water heating pipes, or wood covers to recesses in walls in which such pipes are placed, shall be lined with metal. 2. Pipe coverings. Any coverings or insulation used on steam or hot water pipes shall be of incombustible material (Ord. became law Nov. 23, 1915, effective Feb. 23, 1916.) ARTICLE 20 ROOFING AND ROOF STRUCTURES (As amended by ord. effective Nov. 3, 1915) Sec. 420. General. 421. Roofing. 422. Cornices and gutters. 423. Leaders. 424. Sky-lights. " 425. Scuttles. 426. Roof houses. 427. Slanting roofs. 428. Tanks. 429. Cooling towers. Sec. 420. General. Except when otherwise specifically provided for in this chapter, all construction, other than water tanks, hereafter placed above the roof of any part of any building within the fire limits or of any building more than forty feet in height outside the fire limits, shall be of incombustible materials. 421. Hoofing. 1. Materials. Except as otherwise in this chapter specifically provided, every roof hereafter placed on any building or part thereof, shall be covered with an approved roofing of brick concrete, tile, slate, metal, asbestos, slag, gravel, or other approved incombustible material. 2. Planking. When wood planking or sheathing is permitted in roof construction, it shall not, in any case, extend across any side or party walls. 3. Repairs. No roofing on any existing roof shall be renewed or repaired, except in conformity with the requirements of this section, provided, however, that when the renewal or necessary repairs do not constitute more than one-fourth of the roofing in any one roof surface, the new work may be made to conform to the existing roofing. 422. Cornices and gutters. 1. Construction. All cornices in- 130 CODE OF ORDINANCES OF THE CITY OF NEW YORK elusive of those on show windows, and gutters, hereafter placed on the exterior of any building, except buildings that are permitted to be of frame construction, shall be of incombustible materials. When constructed of sheet metal they shall be riveted in the seams at intervals of not more than five inches. Cornices shall be secured to the walls with metal framing or anchors, spaced not more than four feet apart, and extending not less than four inches into the wall at top and bottom. 2. Repairs. All cornices or gutters that may now be or that may hereafter become unsafe shall be taken down, and if replaced, shall be constructed to conform to the requirements for new cornices, except that when any such cornice or gutter is not damaged to a greater extent than one-half, it may be repaired with the same material as originally constructed. 423. Leaders. All buildings shall be provided with proper leaders for conducting water from the roofs. In no case shall the water from leaders be allowed to flow upon the sidewalk, but it shall be con- ducted by pipe or pipes to the sewer. If there be no sewer in the street then the water from the leader shall be conducted by proper pipe or pipes, below the surface to a street gutter, or to a cesspool. 424. Skylights. 1. Construction. All skylights hereafter placed in any building, shall have the sashes and frames thereof constructed of metal, except that skylights in foundries or buildings where acid fumes are present as an incident to the occupancy of the building may be of wood in the discretion of the superintendent of buildings. The frames and other parts of metal skylights shall be riveted or otherwise, securely fastened, in addition to soldering, and shall be securely anchored to the supporting structure. 2. Glazing. Skylights placed over shafts of any kind shall be glazed with plain glass not less than three-sixteenths of an inch in thickness. No pane of glass in any such skylights hereafter placed in any building shall exceed seven hundred and twenty square inches in area. 3. Protection. Every skylight in which plain glass is used shall be protected by a wire screen placed not less than four inches nor more than ten inches above the glazed portion of the skylight at all points. Such screen shall be not lighter than No. 12 U. S. gauge, shall have a mesh of not less than three-fourths of an inch nor more than one inch, shall extend beyond the glazing on all sides a distance not less than the height of the screen above the glazing. When any such skylight is located over any passageway or any room of public resort a similar screen shall also be placed below the skylight. 425. Scuttles. Unless provided with some other means of access to the roof, every building more than fifteen feet high, except dwell- ings with peak roofs, shall have in the roof a scuttle, with a substantial iron ladder leading thereto. All scuttles shall be covered on the top and edges with sheet metal or other approved incombustible material. The scuttle openings shall be at least two feet by three feet in size. 426. Roof houses. 1. Definitions. a. The term bulkhead as used in this section includes all such enclosed structures above the roof of any part of a building as enclose only stairways, tanks, elevator machinery or ventilating apparatus, or shafts. b. The term pent house as used in this section means any enclosed BUILDING CODE 131 structure, other than a bulkhead, extending not more than twelve feet above a roof. 2. Bulkheads. The walls of any bulkhead hereafter erected on any roof of a fireproof building, shall be constructed as required for fire partitions by subdivision 1, section 372 of this chapter. Such walls may be used as bearing walls of the bulkhead roofs when they do not exceed fifteen feet in height and thirty-five feet in length, and the roof span does not exceed twelve feet. The roofs of such bulk- heads shall be of fireproof construction as provided by section 354 of this chapter. The walls and roofs of all bulkheads, unless con- structed of approved masonry, shall be covered on the outside with incombustible, weatherproof material. 3. Pent houses. Every pent house shall be considered a story of the building and, except as may be otherwise specifically provided by law, its construction shall conform to the requirements for build- ings of a height to which such pent house is carried; provided that when any exterior wall of such pent house sets back not less than five feet from the exterior walls of the next lower story of the building it may be constructed of brick not less than eight inches thick, or hollow building blocks not less than six inches in thickness, covered on the outside with incombustible weatherproof material, and sup- ported by steel or reinforced concrete girders. 4. Doors and windows. All doors and door frames in the exterior walls of bulkheads or pent houses shall be metal or metal covered wood. All v. indows in bulkheads or pent houses, except where other- wise specifically provided for, shall be constructed as other windows of the building similarly locatea. 5. Sun parlors. Nothing in this section shall prevent the erection on any roof of any building, of sun parlors or rooms for similar pur- poses, provided that only incombustible materials are used in the construction, and the floor of such structure is constructed as re- quired for the roof of the building. 427. Slanting roofs. 1. Construction. Every mansard or other slanting roof having a pitch of more than sixty degrees, hereafter placed on any non-fireproof building over forty feet high, shall be constructed fireproof as specified in section 354 of this chapter. 2. Dormer windows. Every dormer window hereafter erected shall be constructed in the same manner as the roof on which it is placed. The sides and top shall be covered with any of the materials approved for roofing. 428. Tanks. 1. Supports. Tanks of more than 500 gallons capacity hereafter placed in or on any building shall be supported on masonry, reinforced concrete or steel construction of sufficient strength and curried to a proper foundation. 2. Emergency outlet. Every such tank shall have in the bottom or on the side near the bottom, a pipe or outlet, not less than four inches in diameter, fitted with a suitable quick-opening valve for discharging the contents in an emergency. 3. Location. Such tanks shall not be placed over nor near a line of stairs or an elevator shaft, unless there is a solid roof or floor underneath the tank. 4. Covers, All unenclosed roof tanks shall have covers with proper slope. 132 ror>K OK OIUMNA.VKH or Tin; MTV OK NKW YOHK . r >. 1 1 oo/>:;. When hoops arc used in the construction of tanks they sha.ll be of metal round in section. 42!). (tooling lowers. < looling towers hcreaf- i above any roof H}I;I,|| !> of incombustible material, except the drip bare, which may be of wood. ARTICLE 21 MISCELLANEOUS KKQIIJREMENTH (As amended by ord. effective Dec. 21, 1916} Sec. 440. Cellar ceilings. 'HI. Cellar floors. 442. I 'ellar parti (ions. 44.'. Waterproofing. 444. Floor lights. 445. ( fitting bearriH. 446. Bay and show window conHtruction. See. 440. Cellar cfi.li.n.(/:;.--ln any building hereafter erected, or altered so as to change its occupancy, exre.pt one-story buildings OUtside of the (ire limits and buildings occupied exclusively for resi- dence purposes by one or two families, the wood beams over the cellar, or over the lowest story, if such story is partly below the curb or the surrounding ground level, when the curl) level has not been established, shall be covered with metal lath and plaster, plaster board and plaster, or other approved incombustible material. 441. Cellar floors, In all buildings hereafter erected the cellar floor or any floor resting directly on the ground shall consist of I :.''>:(') stone, or cinder concrete not less than four inches thick. 442. Cellar partition*. In all non-fireproof buildings, except buildings occupied exclusively for residence purposes by one or two families, permanent partitions in the cellar, or in any story more than half below the curb, shall be constructed of incombustible materials, unless such partitions enclose only coal or wood bins and do not extend to the ceiling. 443. Waterproofing. In all buildings hereafter erected, the ex- terior walls below the ground level and floors below the; curb level resting directly on the ground, shall, when required, be waterproofed in accordance wit h t he rules adopted by the superintendent of build- ings. 444. Flnnr lighlx. Floor lights shall be constructed of metal frames and bars or pl.-i.trs, reinforced concrete; or other approved inrombustiblr materials. If any glass in same measures more than sixteen square inches, it, shall be provided with a mesh of wire either in the glass or under l he same. Moor lights shall be of the same Htrengfh as the floors in which they are placed, (ilass shall not be less than three-quarters of an inch in thickness. 445. Culling beanvt. No beam shall be cut or pierced in any manner that would cause the beam to be of insullicient strength for its load. BUILDING CODE 133 446. Bay and show window construction. Bay windows and show windows that extend beyond the exterior walls, hereafter constructed or placed on any fireproof or non-fireproof building, shall be con- structed of incombustible materials and in such manner as will meet with the approval of the superintendent of buildings. ARTICLE 22 FRAME BUILDINGS (As amended by ord. effective Nov. 23, 1915) Sec. 470. Height. 471. Area. 472. Frame construction. 473. Filling in walls. 474. Roofing. 475. Towers. 476. Piazzas. 477. Minor structures. 478. Temporary structures. 479. Miscellaneous frame structures. 480. Permissible alterations. 481. Use of masonry walls. 470. Height. Except as may be otherwise specifically provided in this chapter, or in the rules authorized thereunder, no frame building or structure hereafter erected or enlarged shall exceed 40 feet in height, except that buildings used in whole or in part as garages, motor vehicle repair shops or oil selling stations shall not exceed 25 feet in height. Adopted July 3, 1917. Became effective July 17, 1917. 471. Area. 1. Building area. No frame building hereafter erected or enlarged shall exceed five thousand square feet in area. 2. Plot area. The combined area of frame buildings, sheds and outhouses located on any lot or plot shall not exceed eighty per cent, of the area of that part of the lot or plot which is not already covered by fireproof or non-fireproof buildings. 472. Frame construction. The wood framework of all frame build- ings, hereafter erected, shall consist of sills, posts, girts and plates of suit- able size and materials with proper mortise and tenon framing and braced with studs at all angles, but this shall not prohibit the use of balloon framing with proper sills, posts, ribbon strips and plates provided the building is properly braced in all angles or the sheathing is put on diag- onally. Floor and roof beams and rafters shall not be less than 2 inches in thickness. No part of the wood framework shall be built below the ground level. Adopted April 24, 1917. Became effective May 8, 1917. 473. Filling in walls. 1. Independent walls. Any exterior wall of frame construction, hereafter erected within three feet of a side or rear line of the lot or plot on which it is located, or hereafter erected as the side wall of any frame tenement house, shall have the spaces between the studding filled in solidly with brickwork or other approved incombustible material. 2. I 'arty wallx. Every party wall of frame construction hereafter erected shall have the studding filled in solidlv with brickwork or 134 CODE OF ORDINANCES OP THE CITY OF NEW YORK other approved incombustible material not less than four inches thick. Every interior wall of frame construction extending from front to rear without openings and dividing the building into sepa- rate and distinct parts, shall have the studding filled in solidly with brickwork or other approved incombustible material. 3. Extent of filling. The filling herein required in exterior or party walls of frame construction shall in all cases be carried up from the ground to the under side of the roof boards. 474. Roofing. 1. Within the fire limits. Any roofing hereafter placed on any frame building within the fire limits shall be of ap- proved incombustible materials, provided that any existing shingle roof may be repaired at any time to an extent of not more than twenty-five per cent, of its surface. 2. Outside of fire limits. Nothing in this chapter shall prevent the use of wood shingles outside the fire limits on any building which, under the provisions of this chapter, is permissible of frame construc- tion. 475. Towers. 1. On residence buildings. Outside of the fire limits towers, turrets or minarets of frame construction may be erected on frame buildings occupied or used exclusively as residence buildings, provided they do not extend more than ten feet above the limiting height for frame buildings and do not cover an aggre- gate area of more than fifteen per cent, of the roof area of the build- ing, and that the greatest horizontal dimension of any one tower, turret or minaret is not more than fifteen feet. 2. Church spires. Outside of the fire limits and the suburban limits, towers or spires of frame construction may be erected on frame buildings occupied or used exclusively as churches or other places of worship, provided they do not exceed a height of seventy- five feet above the curb or ground level. 3. Covering. All towers or other structures provided for in this section shall be covered on the exterior with approved incombustible roofing. 476. Piazzas. Within the fire limits and the suburban limits, piazzas or balconies of wood may be erected on residence buildings having not more than fifteen sleeping rooms, provided they do not exceed twelve feet in width, and do not extend more than three feet above the second story floor beams. The roofs of all such piazzas or balconies shall be covered with incombustible material. "Piazza" is a building, within the sense of the building code. Fire Dept. v. Buffum, 2 E. D. Smith, 11. 477. Minor structures. 1. Sheds. Within the fire limits and the suburban limits sheds, open on at least one side, may be erected of wood, but such sheds shall not exceed fifteen feet in height, shall not cover an area exceeding twenty-five hundred square feet, shall not be placed nearer than four feet to any lot line, and shall be covered on the sides and roof with incombustible materials. 2. Outhouses. Outhouses of wood to be used exclusively for privies, or for the storage of coal or wood for domestic purposes, may be erected on the lot with any residence building within the fire limits or the suburban limits, provided they do not exceed eight feet in height, or one hundred and fifty square feet in area, and have the roofs covered with incombustible materials. BUILDING CODE 135 3. Builders' shanties. One-story buildings for the use of builders in connection with any building operation for which a permit has been issued, may be constructed of wood and placed on the lot or plot where such building operation is carried on, or on adjoining lots or plots if they do not interfere with the safe occupancy of any buildings thereon, or on the sheds which may be required or provided over the sidewalks in front of such building operation. 4. Fences. Fences of wood within the fire limits or the suburban limits shall not exceed twelve feet in height. This section must be applied in connection with Article 16, Chapter 23, regulating signs and showbills. It is derived in part from B. C., 144 and the following cases applied to the law as it then existed : A permit cannot be granted to one citizen to do that which would be penal in another. City of Brooklyn v. Furey, 9 Misc. 192. A charter provision granting a city power to regulate height of bill-boards, held to be within police power. City of Rochester v. West, 164 N. Y. 510; Gunning v. City of Buffalo, 75 App. Div. 31. Must have permit to erect a sky sign. Matter of City of N. Y., 122 App. Div. 741 ; Kobbe Co. v. City of N. Y., 122 App. Div. 755; City of N. Y. v. Wineburgh, 122 App. Div. 748; City of N. Y. v. Wineburgh, 124 App. Div. 641. Ordinances reg- ulating height of sky signs are unauthorized unless passed under police power. People ex rel. Wineburgh Adv. Co. v. Murphy, 195 N. Y. 126, affg. 129 App. Div. 260. As to bill-boards on sidewalks, see Sullivan Adv. Co. v. City of N. Y., 61 Misc. 425. This was later amended. Bill-board restrictions are reasonable and valid exer- cise of police power. People ex rel. Van Buren v. Miller, 161 App. Div. 138. 478. Temporary structures. 1. Meaning. Temporary structures shall be taken to mean platforms, reviewing stands, gospel tents, circus tents and other structures that are erected to serve their purpose for a limited time. 2. Permit. ^ Temporary structures shall not be erected until a permit, specifying the purpose and the period of maintenance, shall nave been obtained from the superintendent of buildings. 3. How located. Within the fire limits or the suburban limits no temporary structure which is enclosed in any manner shall be placed on any lot nearer than four feet to the lot line. 4. Removal. Every temporary structure shall be removed at the expiration of the period for which the permit was issued, unless such permit is renewed. 5. Unlawful use. It shall be unlawful to use any temporary structure for any other purpose than that designated in the permit. 479. Miscellaneous from* structures. Frame structures which are of an unusual character and to which the provisions of this chap- ter do not directly apply, including among others, buildings for fair und exhibition purposes" towers for observation, amusement devices, greenhouses and lumber sheds, and temporary structures of any kind shall be erected in conformity to such rules, consistent with the provisions of this chapter and securing the general intent thereof, as may be adopted by the superintendent of buildings. 480. Permissible alterations. 1. A pplication. Subject to the requirements of this chapter as to construction, occupancy and loca- tion, any existing frame building within the fire limits or the subur- ban limits occupied exclusively as a residence building and having not more than fifteen sleeping rooms, may be altered and enlarged of frame construction as hereaft'-r specified in this section, provided that no such building shall be altere I or enlarged to be used for any other purpose. 136 CODE OP ORDINANCES OF THE CITY OF NEW YORK 2. Raising in height, a. Any such building situated in a row of frame buildings may be increased in height to conform to the height of adjoining buildings. b. Any such building already exceeding twenty-five feet in height, that has a peaked roof, may be raised for the purpose of making a flat roof thereon, provided that the new roof is covered with incom- bustible material, and that, when so raised, the building shall not exceed forty feet in height to the highest part thereof. c. Nothing in this section shall prohibit one-story and basement residence buildings from being increased one additional story in height. 3. Extensions, a. Any such building may be extended either on the front or rear to a depth of not more than fifteen feet and not more than the width of the building and not more than two stories and basement in height. b. If any such building has an extension of less width than the maui building the same may be increased hi width to the full width and height of the main building. 4. Bay windows. Any such building may have bay windows of wood placed on any story, the roofs of which may be covered with the same material as the roof of the main building, except when such a bay window would increase the width of the building to more than eighty^five per cent of the width of the lot. 481. Use of masonry walls. In case approved masonry or rein- forced concrete is used for the exterior walls of any building which under the provisions of this chapter is permitted to be of frame con- struction, nothing in this chapter shall prohibit all other parts of the building from being constructed as though the entire building were of frame construction. (Ord. effective Nov. 23, 1916.) ARTICLE 23 BUILDINGS OF A PUBLIC CHARACTER Sec. 490. Public safety. 491. Aisles and passageways. 492. Enforcement of article. 493. Exemptions. Sec. 490. Public safety. In all buildings of a public character, such as hotels, churches, theatres, restaurants, railroad depots, pub- lic halls, and other buildings used or intended to be used for purposes of public assembly, amusement or instruction, and including depart- ment stores and other business and manufacturing buildings where large numbers of people are congregated, the halls, doors, stairways, seats, passageway and aisles, and all lighting and heating appliances and apparatus shall be arranged as the fire commissioners shall di- rect, to facilitate egress in cases of fire or accident, and to afford the requisite and proper accommodation for the public protection in such cases. (See Article 25, infra.) 491. Aisles and passageways. -All aisles and passageways in said buildings shall be kept free from camp stools, chairs, sofas and other BUILDING CODE 137 obstructions, and no person shall be allowed to stand in 01 occupy any of said aisles or passageways during any performance, service, exhibition, lecture, concert, ball or any public assemblage. (B. C., sec. 108, rev. from L. 1882, ch. 410, 499, as amend. Ord. Dec. 19, 1911.) This section must be literally construed. It is not necessary, in order to recover the penalty from the manager, to prove that he personally knew of the violation, as he is held responsible for the acts of his servants. If any one stood or obstructed an aisle or passageway, the manager is guilty. Fire Dept. v. Stetson, 14 Daly, 125; Fire Dept. v. Hill, 14 N. Y. Supp. 158. But where there are people standing in vacant space which is not used for either an aisle or a passageway, the statute is not violated. Sturgis v. Grau, 39 Misc. Rep. 330. "Aisle," in the statute, means aisle of a theatre as built and actually used. Sturgis v. Coleman, 38 Misc. 302. See also chapter 3, Amusements and Exhibitions, chapter 12, article 2, Fire Pre- vention. 492. Enforcement of article. The superintendent of buildings may at any time serve a written or printed notice upon the owner, lessee or manager of any of said buildings, directing any act or thing to be done or provided in or about the said buildings and the several appliances therewith connected, such as halls, doors, stairs, windows, seats, aisles, fire walls, fire apparatus and fire escapes, as he may deem necessary. 493. Exemptions. Nothing herein contained shall be construed to authorize or require any other alterations to theatres existing prior to June 9, 1885, than are specified in this article. ARTICLE 24 MOTION-PICTURE THEATRES Sec. 500. Plans. 501. Restrictions. 502. Construction. 503. Means of egress. 504. Booth for projecting-machine and film. 505. Application to existing theatres. 506. Open-air motion-picture theatres. Sec. 500. Plans. Before the erection, construction, or alteration of a building or part thereof, to be used as a motion-picture theatre, as defined in 30 of chapter 3 of this ordinance, there must be filed with the appropriate superintendent of buildings complete plans and the detailed statement of the specifications therefor, required by 3 of this chapter. The plans must show clearly and fully the loca- tion and width of all aisles, passageways, exits, stairways and fire escapes; the arrangement of seats; the size of floor beams, walls and supports; the location and construction of the enclosure for the motion-picture machinery and other apparatus; a diagram of the lot or plot upon which the theatre is to be erected or constructed, showing the outlets from all exits, and also such other statements, plans and details as may be required by the superintendent of build- ings having jurisdiction. See Chapter 3, Article 2, Motion-Picture Exhibitions; Art. 23, ante, Building* of a Public Character; Chapter 12, Art. 2, Fire Prevention. 138 CODE OF ORDINANCES OF THE CITY OF NEW YORK 501. Restrictions. No motion-picture theatre, as defined afore- said, shall be constructed in a frame building within the fire limits, nor in a hotel, tenement house or lodging house, nor in a factory or workshop, except where the theatre is separated from the rest of the building by unpierced fire walls and floors, and in no case shall such a theatre be constructed or operated above or below the ground flooi of any building. 502. Construction. In all motion-picture theatres, as defined aforesaid, to be hereafter constructed, the following requirements shall be complied with, namely: 1. Ceilings. The ceilings of all the theatres and of all rooms used in connection therewith shall be plastered with 3 coats of first class plaster on wire mesh or metal lath, or covered with 3^-mch plaster boards, and plastered or covered with metal. If there be a basement or cellar, the ceiling under the floor of the theatre must be plastered with 3 coats of first class plaster on wire mesh or expanded metal lath, or may be covered with metal on 3^-inch plaster boards. 2. Floor-loads. The flooring of that portion of the building de- voted to the uses or accommodation of the public must be of suffi- cient strength to bear safely a live load of 90 pounds per square foot. 3. Galleries and stairways. A gallery may be permitted, except in a theatre constructed on a lot less than 20 feet in width, but it shall not include more than 25 per cent, of the total seating capacity of the theatre. Entrance to and exit from the gallery shall in no case lead to the main floor of the theatre, and the gallery shall be provided with a stairway or stairways equipped with handrails on both sides. Stairways over 7 feet wide shall be provided with centre handrails. The risers of the stairways shall not exceed 7% inches, and the treads, excluding nosings, shall not be less than 9> inches. There shall be no circular or winding stairways. The total width of the stairways shall not be less than 8 feet in the clear where the gallery accommodates 150 people; for every 50 people less than 150, accom- modated by the gallery, said width may be reduced 1 foot. Stair- ways shall be constructed of fireproof material, and such material and the bearing capacity of such stairways shall be approved by the bureau of buildings. 4. Gradients. To overcome any difference of level between corri- dors, lobbies and aisles in a theatre, gradients of not over 1 foot in 10 feet, or steps having a rise not over 8 inches and a width of not less than 10 inches shall be used. 5. Walls. If the walls of the theatre contain wooden studs they shall be covered either with expanded metal lath or wire mesh and plastered with 3 coats of first class plaster, or with metal on ^ inch plaster boards, and all joints shall be properly filled with mortar. 503. Means of egress. 1. Aisles. All aisles in a motion-picture theatre or in a gallery thereof must be at least 3 feet in the clear. 2. Chair space. All chairs in such a theatre, except those con- tained in the boxes, must not be less than 32 inches from back to back and must be firmly secured to the floor; no seat shall have more than 7 seats intervening between it and an aisle, and the space occupied by each person shall be separated from the adjoining space by means of an arm or other suitable device. ' BUILDING CODE 139 3. Exits. A building to be erected or to be altered for use as a motion-picture theatre must be provided, on the main floor thereof, with at least 2 separate exits, one of which shall be in front and the other in the rear of the structure and both leading to unobstructed outlets to the street. Where the main floor of the theatre accom- modates more than 300 people, there shall be at least 3 such exits, the aggregate width in feet of which shall not be less than one- twentieth of the number of persons to be accommodated therein, No exit shall be less than 5 feet in width, and" there shall be a main exit, not less than 10 feet in total width. All exit doors must be fireproof and made to open outwardly, and be so arranged as not to obstruct the required width of exit or court when opened. All doors leading to fire escapes must be not less than 40 inches wide in the clear, and shall be located at the opposite side or end of the gallery from other exit doors. 4. Exit-passageway to street. In any such building, if an unob- structed exit to a street cannot be provided at the rear thereof as herein specified, either an open court or a fireproof passageway or corridor must be provided, extending from the rear exit to the street front at least 4 feet in the clear for theatres accommodating 100 persons or less; the width to be increased 8 inches for every additional 100 persons to be accommodated. Such passageway or corridor must be constructed of fireproof material and be at least 10 feet high in the clear. The walls forming such passageway or corridor must be at least 8 inches thick, and shall be constructed of brick or other approved fireproof material. If there be a basement, the wall on the auditorium side should either run 1 foot below the cellar bottom, or may be carried in the cellar on iron columns and girders below the cellar bottom, or on iron columns or girders properly fireproofed, according to 350 of this chapter. The ceiling of such passageway must be constructed as required by 352 of this chapter. If unobstructed rear exits or exits to a street are provided, they must be of the same total width required for the court, passageway or corridor above mentioned. The level of the open court or passage- way at the front of the building shall not be greater than 1 step above the level of the sidewalk, and the grade shall not be more than 1 foot in 10, with no perpendicular risers. 5. Fire escapes. Galleries must also be provided with at least one line of fire escapes leading to an open court, fireproof passage or street without re-entering the same or any other building. If the fire escape leads to a point in the court nearer the street than any exit, there must be a width of not less than 4 feet in the clear be- tween the outer edge of the fire escape and the outer wall of the court. All fire escapes must have balconies, not less than 3 feet 4 inches in width in the clear, and not less than 4 feet 6 inches long and from said balconies there shall be staircases extending to the ground level, with a rise of not over 7% inches and a step of not less than 9^ inches, and the width of the stairs must not be less than 3 feet 4 inches. [Original misprint rearranged by editor to conform to C. O. 352 D, subd. 4, 5, from which this section is taken.] 504. Booth for projecting-machine and film. Apparatus for projecting motion-pictures shall be contained in a fireproof booth or enclosure constructed as required by law. The booth in which 140 CODE OF ORDINANCES OF THE CITY OF NEW YORK the picture machine is operated shall be provided with an opening in its roof, or in the upper part of its side walls, leading to the out- door air, and with a vent flue, which shall have a minimum cross sectional area of 50 square inches and shall be fireproof. When the booth is in use, there shall be a constant current of air passing outward through said opening or vent flue, at the rate of not less than 30 cubic feet per minute. The requirements of this section shall apply to portable booths and booths in open-air theatres, as well as to motion-picture theatres. 505. Application to existing theatres. All the provisions of this article shall apply to existing places of entertainment where motion pictures are exhibited under common show licensee, in case the seating capacity be increased; and, in case the seating capacity be not increased, all the provisions of this article shall apply, except the provisions of 500, 501; subdivisions 1, 3 and 5 of 502 and subdivisions 3, 4 and 5 of 503, but the commissioner of licenses shall have power in his discretion to enforce the provisions of sub- divisions 3 and 4 of 503, relating to exits and courts. An existing place of entertainment seating 300 persons or less, where motion pictures are exhibited in conjunction with any other form of entertainment, must comply, before a reissuance of its license, with the provisions of article 25 of this chapter, relating to theatres seating more than 300 persons. But, if such existing place of entertainment shall discontinue all other form of entertainment except the exhibition of motion pictures, it may be licensed in ac- cordance with the provisions of first paragraph of this section. (As amend. June 22, 1915.) 506. Open-air motion-picture theatres. The seating capacity of each open-air motion-picture theatre, as defined in 30 of chapter 3 of this ordinance, shall be such as shall be prescribed by the commis- sioner of licenses. All such theatres shall conform to the following requirements: 1. Aisles. The number and width of all aisles shall be as pre- scribed by the superintendent of buildings, but no aisle shall be less than 4 feet wide; 2. Exits. At least 2 separate exits, remote from each other, shall be provided, and no exit shall be less than 5 feet in width; for every 25 persons to be accommodated in excess of 300, the total width of exits shall be increased 1 foot. All exits must be indicated by signs and red lights, and doors must open outwardly; 3. Seats. Seats must be stationary, with backs 32 inches apart, and so arranged that no seat shall have more than 7 seats intervening between it and the aisle. Chairs must be either securely fastened to a wood or concrete floor, or all chairs in a row must be fastened together, and at least 4 rows must be securely fastened to 1 frame: except that, where refreshments are served, tables and unattached chairs or benches used with them may be permitted ; 4. Floors. The floor must be constructed either of wood, with sleepers, or concrete; it must extend at least 5 feet from the seats on all sides; provided, however, that, in the discretion of the com- missioner of licenses, a gravel floor may be substituted for wood or concrete. In addition to the foregoing requirements, the provisions of sub- BUILDING CODE 141 divisions 2 and 4 of 502, and 504 of this article shall apply to all open-air motion-picture theatres. The sections in this article were taken from section 352 C. O. as amended. ARTICLE 25 THEATRES AND OTHER PLACES OF AMUSEMENT Sec. 520. Application of article. "521. Buildings must be approved. 522. Auditorium walls. 523. Dressing rooms. 524. Fire extinguishing appliances. 525. Heating plant. 526. Lights. 527. Means of egress. 528. Partitions and walls. 529. Proscenium construction. 530. Protective curtain. 531. Roof of auditorium. 532. Seats. 533. Stage. 534. Miscellaneous requirements. 535. Storage rooms; workshops. 536. Use and oocupancy. 537. Jurisdiction of fire commissioner. 538. Saving clause. See Arts. 23 and 24, ante; ch. 3, Amusements and Exhibitions; ch. 12, Art. 2, Fire Prevention. Practically this entire article was taken from 109 of the Building Code with changes. Sec. 520. Application of article. Every theatre or opera house or other building intended to be used for theatrical or operatic purposes, or for public entertainment of any kind, hereafter erected for the ac- commodation of more than 300 persons, shall be built to comply with the requirements of this article. No building which, at the time of the passage of this ordinance is not in actual use for theatrical or operatic purposes, and no building hereafter erected not in conformity with the requirements of this section, shall be used for theatrical or operatic purposes, or for public entertainments of any kind, until the same shall have been made to conform to the requirements of this article. 521. Buildings must be approved. No building described in the preceding section of this article shall be opened to the public for theatri- cal or operatic purposes, or for public entertainments of any kind, until the fire commissioner and the superintendent of buildings shall have approved the same in writing as conforming to the requirements of this article. Any such building in which departure from the provisions of this article has been made under an approval of the superintendent of buildings or the board of examiners, and which has, previous to May 1st, 1916, been approved for use by the fire commissioner and the superin- tendent of buildings, may be approved as conforming to the require- ments of this article, so long as it is deemed reasonably safe by the fire commissioner and the superintendent of buildings, provided, however, that a building as to which the Courts have held that a permit for its alteration or reconstruction is void, shall not be approved. Adopted January 1, 1917. Approved January 6, 1917. 522. Auditorium walls. Interior walls built of fireproofing materials shall separate the auditorium from the entrance vestibule, and from any room or rooms over the same, also from lobbies, corridors, refresh- ment or other 142 CODE OF ORDINANCES OF THE CITY OF NEW YORK 523. Dressing rooms. Dressing rooms may be placed in the fly galleries, provided that proper exits are secured therefrom to the fire escapes in the open courts, and that the partitions and other matters pertaining to dressing rooms shall conform to the require- ments herein contained, but the stairs leading to the same shall be fireproof. All dressing rooms shall have an independent exit leading directly into a court or street, and shall be ventilated by windows in the external walls; and no dressing room shall be below the street level. All windows shall be arranged to open, and none of the win- dows in outside walls shall have fixed sashes, iron grills or bars. 524. Fire-extinguishing appliances. In every building described in. 520 of this article there shall be provided: 1. Hose. A proper and sufficient quantity of 2% inch hose, not less than 100 feet in length, fitted with the regulation couplings of the fire department and with nozzles attached thereto, and with hose spanners at each outlet, shall always be kept attached to each hose attachment as the fire commissioner may direct. 2. Sprinkler system. A separate and distinct system of automatic sprinklers, with fusible plugs, approved by the superintendent of buildings, supplied with water from a tank located on the roof over the stage and not connected in any manner with the standpipes, shall be placed at each side of the proscenium opening and on the ceiling or roof over the stage at such intervals as will protect every square foot of stage surface when said sprinklers are in operation. Automatic sprinklers shall also be placed, wherever practicable, in the dressing rooms under the stage and in the carpenter shop, paint rooms, store rooms and property room. 3. Standpipes. Standpipes 4 inches in diameter shall be provided with hose attachments on every floor and gallery as follows, namely : One on each side of the auditorium in each tier, also on each side of the stage in each tier, and at least one in the property room and one in the carpenter's shop, if the same be contiguous to the building. All such standpipes shall be kept clear from obstruction. Said stand- pipes shall be separate and distinct, receiving their supply of water direct from the power pump or pumps, and shall be fitted with the regulation couplings of the fire department, and shall be kept con- stantly filled with water by means of an automatic power pump or pumps, of sufficient capacity to supply all the lines of hose when operated simultaneously, and said pump or pumps shall be supplied from the street main and be ready for immediate use at all times during any performance in said building. In addition to the require- ments contained in this section, the standpipes shall also conform to the requirements contained in 581 of this chapter. 4. Miscellaneous. There shall also be kept in readiness for imme- diate use on the stage, at least 4 casks full of water, and 2 buckets to each cask. Said casks and buckets shall be painted red. There shall also be provided hand pumps or other portable fire extinguishing- apparatus and at least 4 axes and 2 25-foot hooks, 2 15-foot hooks, and 2 10-foot hooks on each tier or floor of the stage. 525. Heating plant. Every steam boiler which may be required, for heating or other purposes shall be located outside of the building. The space allotted to the same shall be inclosed by walls of masonry pn all sides, and the ceiling of such space shall be constructed of BUILDING CODE 143 fireproof materials. All doorways in the walls of boiler-rooms shall have fireproof doors. No floor register for heating shall be permitted. No coil or radiator shall be placed in any aisle or passageway used as an exit, but all said coils and radiators shall be placed in recesses formed in the wall or partition to receive the same. All supply, return or exhaust pipes shall be properly incased and protected where passing through floors or near woodwork. 526. Lights. 1. Adequacy. Every portion of the building de- voted to the uses or accommodation of the public, also all outlets leading to the streets and including the open courts or corridors, shall be well and properly lighted during every performance, and the same shall remain lighted until the entire audience has left the premises. When interior gas lights are not lighted by electricity other suitable appliances, to be approved by the superintendent of buildings shall be provided. 2. Corridors and passageways. All gas or electric lights in the halls, corridors, lobby or any other part of said buildings used by the audience, except the auditorium, must be controlled by a separate shut-off, located in the lobby and controlled only in that particular place. 3. Fireproofing. No gas or electric light shall be inserted in the walls, woodwork, ceilings, or in any part of the building, unless pro- tected by fireproof materials. 4. Gas connections. Gas mains supplying the building shall have hidependent connections for the auditorium and the stage, and pro- vision shall be made for shutting off the gas from the outside of the building. 5. Nettings. All suspended or bracket lights surrounded by glass tn the auditorium, or in any part of the building devoted to the public, shall be provided with proper wire netting underneath. All lights in passages and corridors in said buildings, wherever deemed necessary by the superintendent of buildings, shall be protected with proper wire network. 6. Stage lights. All stage lights shall have strong metal wire guards or screens, not less than 10 inches in diameter, so constructed that any material in contact therewith shall be out of reach of the flames of said stage lights, and must be soldered to the fixture in all cases. The footlights, in addition to the wire network, shall be pro- tected with a strong wire guard and chain, placed not less than 2 feet distant from said footlights, and the trough containing them shall be formed of and surrounded by fireproof materials. All border lights shall be constructed according to the best known methods, subject to the approval of the superintendent of buildings, and shall be suspended for 10 feet by wire rope. 7. Ventilators. All ducts or shafts used for conducting heated air from the main chandelier, or from any other light or lights, shall be constructed of metal and made double, with an air space between. 527. Means of egress. 1. Exits to streets. Every theatre ac- commodating 300 persons shall have at least two exits; when ac- commodating 500 persons, at least three such exits shall be provided ; these exits not referring to or including the exits to the open court at the side of the theatre. Every such building shall have one or more fronts on the streets, and in such fronts there shall be suitable 444 CODE OF ORDINANCES OP THE CITY OF NEW YORK means of entrance and exit for the audience, aggregating not less than 25 feet in width. The entrance of the main front of the building shall be not on a higher level from the sidewalk than four steps, unless approved by the superintendent of buildings. Each exit shall be at least five feet in width in the clear and provided with doors of iron or wood; if of wood, the doors shall be constructed as hereinbefore prescribed in this chapter. All of said doors shall open outwardly, and shall be fastened with movable bolts, the bolts to be kept drawn during performances. 2. Exits to courts. In addition to the aforesaid entrances and exits on the street, there shall be reserved for service in case of an emergency an open court or space on each side of the auditorium not bordering on a street. The unobstructed, clear width of every such open court or space shall be not less than 8 feet where the total number of persons to be accommodated in the auditorium is not over 700, increasing proportionately in width above 8 feet in the ratio of 1 foot for every 500 persons above 700 to be accommodated. Every such open court or space from each and every exit required to lead thereto, to a street or open public space and opening thereon either directly or through a corridor or passageway of fireproof construction not less than 10 feet high in the clear, having an unob- structed clear width equal to that requested for the open court or space and separated completely by solid walls, floors and ceilings from the building or structure through which it passes, provided that no such corridor or passageway shall pass under any portion of the auditorium or stage. From the auditorium opening into the said open courts or on a street, there shall be not less than two exits on each side in each tier from including the parquet and each gal- lery. The said open courts, spaces, corridors and passageways shall not be used for storage purposes, or for any purposes whatsoever, except for exit and entrance from and to the auditorium and stage, and must be kept free and clear during performances. Any open court or space may be used in common for two or more auditoriums, provided the unobstructed clear width of such open court or space is equal to that required for the total number of persons to be accom- modated in all the auditoriums opening on the same. (Amend. Ord. app. Aug. 8, 1916.) 3. Doorways of exits. Doorways of exit or entrance for the use of the public shall be not less than 5 feet in width, and for every addi- tional 100 persons or portions thereof to be accommodated, in excess of 500, an aggregate of 20 inches additional exit width must be allowed. All doors of exit or entrance shall open outwardly and be hung to swing in such a manner as not to become an obstruction in a passage or corridor, and no such doors shall be closed and locked during any representation, or when the building is open to the public. 4. Foyers, lobbies and corridors. The aggregate capacity of the foyers, lobbies, corridors, passages and rooms for the use of the au- dience, not including toilet rooms or aisle space between seats, shall, on each floor or gallery be sufficient to contain the entire number to be accommodated on said floor or gallery in the ratio of 150 square feet of clear floor space for every one hundred persons. The level of said corridors at the front entrance to the building shall be not greater than one step above the level of the sidewalk where they begin at BUILDING CODE 145 the street entrance. During the performance the doors or gates in the corridors shall be kept open by proper fastenings; at other times they may be closed and fastened by movable bolts. (Amend. Aug. 8, 1916.) 5. Aisles. 'All aisles on the respective floors of the auditorium shall be n9t less than three feet wide where they begin, and shall be increased in width toward the exit in a ratio of 1 1-2 inches to 5 run- ning feet. Where exits, corridors, passages or cross-over aisles are provided at both ends of any aisle, the said aisle shall be uniform in width and not less than the average width obtained by increasing the width of the aisle from the starting point to the end as hereinbe- fore prescribed. (Amend. Ord. app. Aug. 8, 1916.) 6. Gradients. Gradients or inclined planes shall be employed instead of steps where possible to overcome slight difference of level in or between aisles, corridors and passages. To overcome any dif- ference of level in and between courts, corridors, lobbies, passages and aisles, gradients shall be employed of not over 1 foot in 12 feet, with no perpendicular risers, except that in aisles runs of not more than 10 feet in length may be one in eight. (Amended by Ord. app. Aug. 8, 1916.) 7. Gallery exits. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the main floor of the auditorium and the first gallery, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery. No passage leading to any stairway communicating with any entrance or exit shall be less than 4 feet in width in any part thereof. From the auditorium opening into the said open courts or on the side street, there shall be not less than 2 exits on each side in each tier from ana including the parquet and each and every gallery. 8. Staircases to galleries. Where the seating capacity is for more than 1,000 people, there shall be at least 2 independent staircases, with direct exterior outlets, provided for each gallery in the au- ditorium, where there are not more than 2 galleries, and the same shall be located on opposite sides of said galleries. Where there are more than 2 galleries, 1 or more additional staircases shall be provided, the outlets from which shall communicate directly with the principal exit or other exterior outlets. All such staircases shall be of width proportionate to the seating capacity as elsewhere herein prescribed. Where the seating capacity is for 1,000 people, or less, 2 direct lines of staircases only shall be required, located on opposite sides of the galleries, and in both cases shall extend from the sidewalk level to the upper gallery, with outlets from each gallery to each of said staircases. All inside stairways leading to the upper galleries of the auditorium shall be inclosed on both sides with walls of fireproof materials. Stairs leading to the first or lower gallery may be left open on one side, in which case they shall be constructed as herein provided for similar stairs leading from the entrance hall to the main floor of the auditorium. But in no case shall stairs lead- ing to any gallery be left open on both sides. No door shall open immediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such door. 9. Stage staircases. At least 2 independent staircases, with direct 146 CODE OF ORDINANCES OF THE CITY OF NEW YOKE exterior outlets, shall also be provided for the service of the and shall be located on the opposite sides of the same. 10. Stairways. All staircases for the use of the audience shall, be inclosed with walls of brick, or of fireproof materials approved by the superintendent of buildings, in the stories through which they pass, and the openings to said staircases from each tier shall be <* the full width of said staircase. All stairs within the building shal? be constructed of fireproof material throughout. Stairs from bal- conies and galleries shall not communicate with the basement or cellar. All stairs shall have treads of uniform width and libers of uniform height throughout in each flight. Stairways servfftg fw the exit of 50 people shall be at least 4 feet wide between railings off between walls, and for every additional 50 people to be accomfM) 1 - dated 6 inches must be added to their width. The width of all staffs shall be measured in the clear between hand rails. In no case shaft the risers of any stairs exceed l l /z inches in height, nor shall the treads, exclusive of nosings, be less than 10> inches wide in straight stairs. No circular or winding stairs for the use of the public shall be permitted. When straight stairs return directly on themselves, a landing of the full width of both flights, without any steps, shall be provided. The outer line of landings shall be curved to a radius of not less than 2 feet to avoid square angles. Stairs turning at an angle shall have a proper landing without winders introduced at said turn. In stairs, when 2 side flights connect with one main flight, no winders shall be introduced, and the width of the main flight shall be at least equal to the aggregate width of the side flights. All stairs shall have proper landings introduced at convenient dis- tances. 11. Stairway hand rails. All inclosed staircases shall have 1 , on both sides, strong hand rails firmly secured to the wall about 3 ifie&es distant therefrom and about 3 feet above the stairs, but said hand rails shall not run on level platforms and landings where the same* is more in length than the width of the stairs. All staircases 8 feet- and over in width shall be provided with a centre hand rail of metal, not less than 2 inches in diameter, placed at a height of about 3 feet above the centre of the treads, and supported on wrought metal or brass standards of sufficient strength, placed not nearer than four feet nor more than 6 feet apart, and securely bolted to the treads or risers of stairs, or both, and at the head of each flight of stairs, on each landing, the post or standard shall be at least 6 feet in height, to which the rail shall be secured. 12. Fire escapes. There shall be balconies not less than 6 feet in width in the said open court or courts at each level or tier above the parquet, on each side of the auditorium, of sufficient length to embrace the 2 exits, and from said balconies there shall be stair- cases extending to the ground level, with a rise of not over 8 3/6 inches o a step and not less than 9 inches tread, exclusive of the nosing. The staircase from the upper balcony to the next below shall be not Jess than 48 inches in width clear, and from the first balcony to the, ground 4 feet in width in the clear where the seating capacity of the auditorium is for 1,000 people or less, 4 feet six inches in the clear whepe above 1,000 and not more than 1,800 people, and 5 feet in the clear where above 1,800 people ano! not more than 2,500 BUILDING CODE 147 and not over 5 feet 6 inches in the clear where above 2,500 people, All the before mentioned balconies and staircases shall be constructed of iron throughout, including the floors, and of ample strength to sustain the load to be carried by them, and they shall be covered with a metal hood or awning, to be constructed in such manner as shall be approved by the superintendent of buildings. Where one side of the building borders on the street, there shall be balconies and staircases of like capacity and kind, as before mentioned, carried to the ground. 13. Diagram of exits. A diagram or plan of each tier, gallery or floor, showing distinctly the exits therefrom, each occupying a space not less than 15 square inches, shall be printed in black lines in a legible manner on the programme of the performance. Every exit shall have over the same on the inside the word "Exit" painted in legible letters not less than 8 inches high. 528. Partitions and walls. The partitions in that portion of the building which contains the auditorium, the entrance and vesti- bule and every room and passage devoted to the use of the audience shall be constructed of fireproof materials including the furring of outside or other walls. The walls separating the actors' dressing rooms from the stage and the partitions dividing the dressing rooms, together with the partitions of every passageway from the same to the stage, and all other partitions on or about the stage, shall be constructed of fireproof material approved by the superintendent of buildings. All doors in any of said partitions shall be fireproof. 529. Proscenium construction. A fire wall, built of brick, shall separate the auditorium from the stage. The same shall extend at least 4 feet above the stage roof, or the auditorium roof, if the latter be the higher, and shall be coped. Above the proscenium opening there shall be an iron girder of sufficient strength to safely support the load above, and the same shall be covered with fireproof ma- terials to protect it from the heat. Should there be constructed an orchestra over the stage, above the proscenium opening, the said orchestra shall be placed on the auditorium side of the proscenium fire wall, and shall be entered only from the auditorium side of said wall. The molded frame around the proscenium opening shall be formed entirely of fireproof materials; if metal be used, the metal shall be filled in solid with non-combustible material and securely anchored to the wall with iron. No doorway or opening through the proscenium wall, from the auditorium, shall be allowed above the level of the first floor, and such first floor openings shall have fireproof doors on each face of the wall, and the doors shall be hung so as to be opened from either side at all times. ^ 530. Protective curtain. The proscenium opening shall be pro- vided with a fireproof metal curtain, or a curtain of absestos or other fireproof material approyed by the superintendent of buildings, sliding at each end within iron grooves, securely fastened to the brick wall and extending into such grooves to a depth of not less than 6 inches on each side of the opening. The proscenium curtains shall be placed at least 3 feet distant from the footlights, at the near- est point. Said fireproof curtain shall be raised at the commencement of each performance and lowered at the close thereof, and be operated by approved machinery for that purpose. 148 CODE OP ORDINANCES OF THE CITY OF NEW YORK 531. Roof of auditorium. The roof over the auditorium and the entire main floor of the auditorium and vestibule, also the entire floor of the second story of the front superstructure over the en- trance, lobby and corridors, and all galleries and support for the same in the auditorium shall be constructed of iron and steel and fireproof materials, not excluding the use of wood floorboards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support, and the space between the sleepers, except- ing a portion under the stepping in the galleries, which shall be properly fire stopped, shall be solidly filled with incombustible ma- terial up to under side of the floor boards. 532. Seats. All seats in the auditorium, excepting those con- tained in boxes, shall be not less than 32 inches from back to back, measured in a horizontal direction, and firmly secured to the floor. There shall be not more than 14 seats in any row extending from one aisle to another, nor more than 7 seats in any row extending from one aisle to a wall. No stool or seat shall be placed in any aisle. All platforms in galleries formed to receive the seats shall not be more than 21 inches in height of riser, nor less than 32 inches in width of platform. (Amend, ord. app. Aug. 8, 1916.) 533. Stage. 1. Construction. All that portion of the stage not comprised in the working of scenery, traps and other mechanical apparatus for the presentation of a scene, usually equal to the width of the proscenium opening, shall be built of iron or steel beams filled in between with fireproof material, and all girders for the support of said beams shall be of wrought iron or rolled steel. The fly gal- leries, entire, including pin-rails, shall be constructed of iron or steel, and the floors of said galleries shall be composed of iron or steel beams, filled with fireproof materials, and no wood boards or sleepers shall be used as covering beams, but the said floors shall be entirely fireproof. The rigging loft shall be fireproof. 2. Skylights. There shall be provided over the stage, metal sky- lights of an area or combined area of at least 1 /s the area of said stage, fitted up with sliding sash and glazed with double thick sheet glass not exceeding 1-12 of an inch thick, and each pane thereof measuring not less than 300 square inches and the whole of which skylight shall be so constructed as to open instantly on the cutting or burning of a hempen cord, which shall be arranged to hold said sky- lights closed, or some other equally simple approved device for opening them may be provided. Immediately underneath the glass of said skylights there shall be wire netting, but wire glass shall not be used in lieu of this requirement. 3. Scenery and fittings. All stage scenery, curtains and decora- tions made of combustible material, and all woodwork on or about the stage, shall be painted or saturated with some non-combustible material or otherwise rendered safe against fire, and the finishing coats of paint applied to all woodwork through the entire building shall be of such kind as will resist fire to the satisfaction of the super- intendent of buildings having jurisdiction. 534. Miscellaneous requirements. 1. Ceilings. The ceiling un- der each gallery shall be entirely formed of fireproof materials. The ceiling of the auditorium shall be formed of fireproof materials. 2. Ceiling coverings. None of the walls or ceilings shall be covered BUILDING CODE 149 with wood sheathing, canvas or any combustible material. But this shall not exclude the use of wood wainscoting to a height not to exceed 6 feet, which shall be filled in solid between the wainscoting and the wall with fireproof materials. 3. Fronts of galleries. The fronts of each gallery shall be formed of fireproof materials, except the capping, which may be made of wood. 4. Lathing. All lathing, whenever used, shall be of wire or other metal. 5. Shelving and cupboards. All shelving and cupboards in each and every dressing room, property room or other storage rooms, shall be constructed of metal, slate or some fireproof material. 535. Storage rooms; workshops. No workshop, storage or general property room shall be allowed above the auditorium or stage, or under the same or in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a brick wall, and the openings leading into said portions shall heave fireproof doors on each side of the openings, hung to iron eyes built into the wall. 536. Use and occupancy. 1. Restrictions. No portion of any building hereafter erected or altered, used or intended to be used for theatrical or other purposes as in this section specified, shall be occu- pied or used as a hotel, boarding or lodging house, factory, work- shop or manufactory, or for storage purposes, except as may be hereafter specially provided for. This restriction relates not only to that portion of the building which contains the auditorium and the stage, but applies also to the entire structure in conjunction there- with. No store or room contained in the building, or the offices, stores or apartments adjoining, as aforesaid, shall be let or used for carrying on any business, dealing in articles designated as specially hazardous in the classification of the New York Board of Fire Under- writers, or for manufacturing purposes. No lodging accommoda- tions shall be allowed in any part of the building communicating with the auditorium. When located on a corner lot, that portion of the premises bordering on the side street and not required for the uses of the theatre may, if such portion be not more than 25 feet in width, be used for offices, stores or apartments, provided the walls separating this portion from the theatre proper are carried up solidly to and through the roof, and that a fireproof exit is provided for the theatre on each tier, equal to the combined width of exits opening on opposite sides in each tier, communicating with balconies and staircases leading to the street in manner provided elsewhere in this section; said exit passages shall be entirely cut off by brick walls from said offices, stores or apartments, and the floors and ceilings in each tier shall be fireproof. 2. Above theatre. Nothing herein contained shall prevent a roof garden, art gallery or rooms for similar purposes being placed above a theatre or public building, provided the floor of the same, forming the roof over such theatre or building, shall be constructed of iron or steel and fireproof materials, and that said floor shall have no cover- ing boards or sleepers of wood, but shall be of tile or cement. Every roof over said garden or rooms shall have all supports and rafters of iron or steel, and be covered with glass or fireproof materials, or both, but no such roof garden, art gallery or room for any public 150 CODE OF ORDINANCES OP THE CITY OP NEW YORK purposes shall be placed over or above that portion of any theatre or other building which is used as a stage. 537. Jurisdiction of fire commissioner. The standpipes, gas pipes, electric wires, hose, footlights and all apparatus for the extinguishing of fire or guarding against the same, as in this article specified, shall be in charge and under control of the fire department, and the fire commissioner is hereby directed to see that the provisions of this arti- cle relating thereto are carried out and enforced. 538. Saving clause. The provisions of the foregoing article shall not be construed to mean or made to apply to any theatre, opera house or building intended to be used for theatrical or operatic pur- poses, lawfully erected prior to June 3, 1904, nor to any public dance hall which was approved by the Superintendent of Buildings having jurisdiction and which was licensed as a public dance hall on Sep- tember 30, 1916. (As amend, by Ord. app. Nov. 16, 1916.) As to former 109a B. C., see Brill v. Miller, 140 App. Div. 602. ARTICLE 26 MISCELLANEOUS STRUCTURES Sec. 550. Exhibition buildings. (Repealed Nov. 23, 1915.) 551. Grain elevators. (Repealed Dec. 28, 1915.) 552. Smokehouses. (Repealed Nov. 23, 1915.) "* /* ARTICLE 27 ELEVATORS (Amended by ord. effective Dec. 28, 1915} Sec. 560. Definitions. 561. Rules. 562. Permits. 563. Certificate. 564. Record of passenger elevators. 565. Inspection. 566. Riding on elevators restricted. 567. Operators. 568. Accidents. 560. Definitions. For the purposes of this article, the term a Elevator shall mean any device within or in connection with a building or structure used for carrying persons or things upward or downward; b Passenger elevator shall mean and include any elevator designed and used for carrying persons other than those necessary for its safe operation or for the handling of things carried by it; c Freight elevator shall mean and include any elevator designed and used for the carrying of things and of such persons only as are necessary for its safe operation or the handling of things carried by it; BUILDING CODE 151 d Amusement device shall mean and include all mechanically operated devices which are used to convey persons in any direction as a form of amusement. 561. Rules. The superintendent of buildings shall make rules consistent with the provisions of this article, regulating, with a view to safety, the construction, maintenance and operation of all eleva- tors and amusement devices, now existing or hereafter installed. 562. Permits. No passenger or freight elevator shall hereafter be installed or altered in any building, nor shall any amusement device be hereafter constructed or altered, until the owner or lessee, or the agent, architect or contractor or any of them, shall have sub- mitted to the superintendent of buildings, in such form as the super- intendent may prescribe, an application accompanied by plans and drawings showing the proposed construction and mode of operation, and such application has been approved by the superintendent and a permit has been issued by him. Repairs to elevators and amuse- ment devices may be made without filing such application, except when such repairs include a change in the type of elevator or of its motive power, or when any change in safety devices or operating mechanism is made. 563. Certificate. Whenever a passenger or freight elevator or an amusement device is hereafter installed or constructed, it shall be unlawful for the owner or lessee to operate or permit the operation or use of the same until a certificate shall have been obtained from the superintendent of buildings that such elevator or amusement device has been inspected and has been found to be safe. The super- intendent of buildings shall, within a reasonable time after being requested to do so, inspect or cause to be inspected, any elevator or amusement device hereafter installed or constructed, and, if the same is found to be safe and in conformity with the provisions of this article and the rules adopted thereunder, shall issue a certificate to that effect. Nothing herein contained shall prevent the temporary use under a certificate issued by the superintendent of buildings of any elevator during construction, provided a notice is conspicuously posted on or in connection with such elevator to the effect that such elevator has not been officially approved. 564. Record of passenger elevators. -Every passenger elevator shall be given a serial number for purposes of identification. In the case of elevators hereafter installed such serial number shall be assigned when the first certificate is issued, and in the case of existing eleva- tors, as soon as inspection can be made for that purpose. A docket of all passenger elevators shall be kept in each borough, giving under the corresponding serial number a description of its location suffi- cient for identification, together with such other information as to type of construction, motive power, rise, rated speed, inspection, etc., as the superintendent of buildings may deem desirable. The owner or lessee, or agent of either, shall cause such number, together with the most recent certificate of inspection, to be attached or posted in the elevator car in the manner prescribed by the rules. 565. Inspection. -The superintendent of buildings shall cause an inspection of all passenger elevators to be made at least once in every 3 months and of freight elevators and amusement devices at least twice in each year. Upon notice from the superintendent c/ 152 CODE OF ORDINANCES OF THE CITY OF NEW YORK buildings, or his duly authorized representative, any repairs found necessary to such elevators or amusement devices shall be made without delay by the owner or lessee, and in case defects are found to exist which in the continued use of such elevator or amusement device, are dangerous to life or limb, then the use of such elevator or amusement device shall cease, and it shall not again be used until a certificate shall be first obtained from said superintendent of build- ings that such elevator or amusement device has been made safe. After every inspection, which shows any elevator or amusement device to be safe and in conformity with the requirements of this article and the rules adopted thereunder, the superintendent of buildings shall issue a certificate to that effect. 566. Riding on elevators restricted. It shall be unlawful for any person, other than the operator or those necessary to handle freight, to ride on, or for the owner or lessee of any elevator knowingly to perjnit any person to ride on, any elevator other than a passenger elevator. Every freight elevator shall have a notice posted con^ spicuously thereon as follows: THIS, IS NOT A PASSENGER ELEVATOR. IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN THE OPERATOR OR THOSE NECESSARY TO HANDLE FREIGHT, TO RIDE ON THIS ELEVATOR. 567. Operators. Except as may be specifically provided in any other law or ordinance, every passenger elevator, except full auto- matic push button elevators and escalators, must be in charge of a competent operator of reliable and industrious habits, not less than 18 years of age, with sufficient previous experience in running an elevator, under the instruction of a competent person. No operators of amusement devices known as electrically operated scenic railroads, shall be employed who have not attained the age of 21 years and who have not secured a certificate of competency from the superintendent of buildings. In case the superintendent of buildings shall find that the person engaged in running an elevator is incompetent or not quali- fied, the owner or lessee of such elevator shall, upon notice from the superintendent of buildings, at once discontinue the operation of such elevator by such operator. No person shall employ or permit any person to operate any passenger elevator who does not possess the qualifications prescribed therefor by this or any other law or ordinance. 568. Accidents. The owner or lessee, or person in charge, of any passenger or freight elevator or amusement device shall immedi- ately notify the superintendent of buildings of each and every acci- dent to a person or damage to apparatus on, about or in connection with such elevator or amusement device, and shall afford the super- .intendent of buildings or his representative every facility for inves- tigating such accident or damage. The superintendent of buildings shall without delay, after being notified, make an investigation, and shall place on file in the bureau of buildings a full and complete report of such investigation. Such report shall give in detail all material facts and information available and the cause or causes so far as they can be determined, and shall be open to public inspection at all reasonable hours. When an accident involves the failure or destruction of any part of the construction or operating mechanism of a passenger elevator or amusement device, said passenger elevator BUILDING CODE 153 or amusement device shall not be used until it has been made safe, and the superintendent of buildings may, if deemed necessary, order the discontinuance of the same until a certificate has been issued by him for its use, but no part of the damaged construction or operating mechanism shall be removed from the premises until permission to do so has been granted by the superintendent of buildings or his representative. ARTICLE 28 FIRE EXTINGUISHING APPLIANCES (As amended by ord. effective Dec. 21, 1915) Sec. 580. General provisions. 581. Standpipes. Sec. 580. General provisions. Except as otherwise specifically pro- vided in this article, or by any law or ordinance, all buildings now existing or hereafter erected, shall be provided with such tanks, standpipes, automatic sprinklers, hose nozzles, wrenches, fire ex- tinguishers, hooks, axes and such other appliances as may be required by and conforming to the rules of the fire commissioner, adopted or amended in the manner prescribed by this chapter for the rules of the superintendent of buildings. (Building Code, sec. 103, rev. from L. 1882, ch. 410, 498, as amend.) This provision is a police regulation and constitutional. The notice mentioned must, however, be given by the proper official heads and not subordinate officers. Fire Dept. v. Sturtevant, 33 Hun, 407. And such power is continuous. Fire Dept. v. Chapman, 10 Daly, 377. But it is the duty of an owner to erect fire escapes without waiting for such notice. McLaughlin v. Armfield, 58 Hun, 376; also see Greenhaus v. Alter, 30 App. Div. 585. The State Labor Law does not repeal the charter provision giving jurisdiction to Building Department. City of N. Y. v. Trustees Sailors' Snug Harbor, 85 App. Div. 355. The act applies to two buildings used as one, having in all more than fifteen bedrooms. Dept. Buildings N. Y. v. Field, 12 App. Div. 258. An owner is not liable under the common law for failure to supply fire escapes. Pauley v. Steam Gauge Co., 131 N. Y. 90. 581. Standpipes. 1. When required. Standpipes, constructed and installed as hereinafter required, shall be providea: a. In every building now existing and exceeding 85 feet in height, which is not already provided with a 3-inch or larger standpipe; b. In every building hereafter erected or altered to exceed 85 feet in height; c. In every building exceeding 10,000 square feet in area. 2. Size. Standpipes hereafter placed in any building shall be not less than 4 inches in diameter for buildings or parts thereof not ex- ceeding 150 feet in height, not less than 6 inches in diameter for buildings or parts thereof exceeding 150 feet and not exceeding 250 feet in height, and not less than 8 inches in diameter for buildings or parts thereof exceeding 250 feet in height. 3. Number and location. The number of standpipes in any build- ing shall be such that all parts of each story are within the reach of at least one stream supplied by hose not, exceeding 100 feet in length. When a building requiring standpipes fares on more than one street, at least one st amlpipe shall be installed for each street front, providea 154 CODE OP ORDINANCES OP THE CITY OF NEW YORK that for intersecting street fronts one standpipe shall be sufficient for each intersection. So far as practicable standpipes shall be placed within stair enclosures; otherwise they shall be as near the stairs as possible. All standpipes shall extend from the lowest story to and above the roof. 4. Construction. All standpipes hereafter installed shall be con- structed as prescribed by the rules of the fire commissioner and shall be provided with such outlets and equipped with such appliances as required by said rules. All standpipes shall extend to the street and shall be provided at or near the sidewalk with approved Siamese connections. When there is more than one standpipe in any build- ing all shall be cross-connected in an approved manner below the sidewalk level. ARTICLE 29 PLUMBING AND OTHER SYSTEMS OF PIPING Sec. 600. Rules. 601. Shut-off valves. 602. Tests of plumbing. 603. Tests of gas piping. 604. Registration of plumbers. Sec. 600. Rules. The plumbing and drainage systems, water sup- ply pipes, gas, piping, steam or hot water heating or power systems, refrigerating systems and other systems of pipes or apparatus for holding or conveying gases, vapors or fluids hereafter installed and maintained in or upon any building in the city shall conform to such rules as may be provided for by law or may be found necessary for the protection of life, health or property, and adopted by the super- intendent of buildings. No person shall use or permit the use of any such system, piping or apparatus installed or maintained in viola- tion of any of the provisions of this article or the rules adopted hereunder. Said rules, hereafter adopted, and any changes thereof, shall be published in the City Record on 8 successive Mondays before they shall become operative. Nothing herein contained or in the rules adopted hereunder shall require the alteration or reconstruction of any existing work that was lawfully installed, nor prevent repairs or the addition of new fixtures to existing work in conformity with the practice followed in the original installation; provided, however, that, when such repairs involve the removal or alteration of more than one-half of the existing work affected by the repairs, the rules in force at the time of such repairs shall apply. (B. C. 141 as amend. Nov. 14, 1914.) 601. Shut-off valves. Every building hereafter erected and also every existing building, other than residence buildings occupied exclusively by one or two families and having not more than 15 sleeping rooms, which may be supplied from some outside source with gas, vapor or fluid, except potable waters, shall have a con- veniently accessible stopcock or other suitable device fixed to the supply pipes leading into the building at a place outside of the BUILDING CODE 155 building, so arranged as to allow the supply to be shut off. Such stopcock or other device shall be so marked as to indicate either the contents and purpose of the supply pipe to which it is attached, or the company to which the device belongs. Adopted February 6, 1917. Became effective February 20, 1917. 602. Tests of plumbing. No person shall use or permit the use of any new system of plumbing and drainage hereafter installed in any building before the same has been tested under the supervision of the bureau of buildings and in accordance with its rules, to insure the tightness of the system, nor until a proper and adequate water supply has been provided. The superintendent of buildings shall, within a reasonable time after being requested to do so, cause to be in- spected and tested any system of plumbing and drainage that is ready for such inspection and test, and, if the work is found satis- factory and the test requirements are complied with shall issue a certificate to that effect. Nothing herein contained shall prevent the inspection and test of part of a system or the issuance of a partial certificate, nor prevent the use of such part of a larger system pro- vided that such part constitutes by itself a complete system properly tested and supplied with water. (Amend. Nov. 14, 1914.) 603. Tests of gas piping. No person shall use or permit the use of any new system or an extension of an old system of gas piping in any building before the same has been inspected and tested under the supervision of the bureau of buildings and in accordance with its rules, to insure the tightness of the system. The superintendent of buildings shall, within a reasonable time after being requested to do so, cause to be inspected and tested any system of gas piping that is ready for such inspection and test, and if the work is found satisfactory and the test requirements are complied with, he shall issue a certificate to that effect. Nothing herein contained shall prevent the use of existing systems of gas piping without further inspection or test, unless the superintendent of buildings has reason to believe that defects exist which make the system dangerous to life or property. 604. Registration of plumbers. a. Once in each year every em- ploying or master plumber carrying on his trade, business or calling in the city shall register his name and address at the office of the bureau of buildings in the borough of the said city in which he per- forms work, under such rules as the said bureau may prescribe. Such registration may be cancelled by the superintendent of build- ings for a violation of the rules and regulations for plumbing or drain- age of such city duly adopted, or in force pursuant to the provisions of this article, or whenever the person so registered ceases to hold a certificate from the examining Board of plumbers or to be actually engaged in the business of master or employing plumber, after a hearing had before said superintendent, upon prior notice of not less than ten days. b. No person, corporation or copartnership shall engage in or carry on the trade, business or calling of employing or master plumber in the city unless the name and address of such person ana the presi- dent, secretary or treasurer of the corporation, or of each and every member of the copartnership shall have been registered as above provided. c. It shall be unlawful for any person, corporation or copartner- 156 CODE OF ORDINANCES OP THE CITY OF NEW YORK ship in the city of New York, unless said person, corporation or copartnership shall have complied with the requirements of this sec- tion, to hold him or themselves out to the public as a master or em- ploying plumber by the use of the word " plumber" or "plumbing," or words of similar import or meaning, on signs, cards, stationery or in any other manner whatsoever. d. It shall be unlawful for any person, corporation or copartner- ship in the city of New York to engage in or carry on the trade, business or calling of employing or master plumber, unless such person, corporation or copartnership has conspicuously posted in the window of the place where such business is conducted, a metal plate or sign appropriately lettered or marked "licensed plumber," in accordance with rules adopted by the superintendent of buildings. e. No person, corporation or copartnership registered as provided in this section, or who holds a certificate from the examining board of plumbers, shall, for the benefit of any person engaged in the plumb- ing business who is not so registered, apply for, receive or make use of, any permit granted to him by reason of being so registered, or holding such certificate from the examining board of plumbers. (Aa amend, ord. effective July 7, 1916.) ARTICLE 30 ALTERING, CHANGING OR DEMOLISHING BUILDINGS Sec. 620. Alteration of brick buildings. (Repealed Nov. 23, 1915.) 621. Altering use of frame buildings. (Repealed Nov. 23, 1915.) 622. Increasing height of buildings. (Repealed Nov. 23, 1915.) 623. Raising or lowering to grade. 624. Demolishing buildings. (Repealed Dec. 28, 1915.) Sec. 623. Raising or lowering to grade. If any building shall have been built before the street upon which it is located is graded, or if the grade is altered, such building may be raised or lowered to meet the requirements of such grade. ARTICLE 31 UNSAFE BUILDINGS AND COLLAPSED STRUCTURES (As amended by ord. effective Dec. 21, 1915) Sec. 630. Removal or repair of buildings. 631. Record and notice of unsafe buildings. 632. Voluntary abatement. 633. Disregard of notice; survey. 634. Judicial review of survey. 635. Repair or removal under precept. 636. Provision for expense of executing precept. 637. Return of precept; reimbursement of city. 638. Fallen buildings; buildings imminently dangerous. 639. Emergency fund. BUILDING CODE 157 Sec. 630. Removal or repair of buildings. Any building or pan of a building, staging or other structure that from any cause may now be, or shall at any time hereafter become dangerous or unsafe, shall be taken down and removed, or made safe and secure. 631. Record and notice of unsafe building. Immediately upon the receipt of a report by any officer or employee of the bureau of buildings that a building or part of a building, staging or structure is unsafe or dangerous, the superintendent of buildings shall cause the same to be entered upon a docket of unsafe buildings to be kept in his bureau; and the owner, or some one of the owners, executors, administrators, agents, lessees or any other person who may have a vested or contingent interest in the same, shall be served with a printed or written notice containing a description of the premises or structure deemed unsafe or dangerous, a statement of the partic- ulars in which the building or structure is unsafe or dangerous, and an order requiring the same to be made safe and secure or removed, as may be deemed necessary by the superintendent of buildings. Such notice shall require the person thus served to immediately certify to the superintendent his assent or refusal to secure or remove the same. (B. C., sec. 153, rev. from L. 1882, ch. 410, 509, as amend.) The city is not responsible for the acts or omissions of the officers of the Building Department who, in the exercise of sovereign power, have the duty of examining and removing dangerous buildings. Conners v. Mayor, 11 Hun, 439. But the head of the department may be liable for his official neglect to a person injured thereby. Connors v. Adams, 13 Hun, 427. As to expenses to which the owner is liable. Matter of City of N. Y. v. Unsafe Building, 130 App. Div. 396. 632. Voluntary abatement. If the person served with a notice specified in 631, shall immediately certify his assent to the securing or removal of said unsafe or dangerous building, premises or struc- ture, he shall be allowed twenty-four hours after the service of such notice, in which to commence the securing or removal of the same; and he shall employ sufficient labor and assistance to secure or re- move the same as expeditiously as can be done. 633. Disregard of notice; survey. 1. Notice of survey. Upon the refusal or neglect of the person served with the notice for which provision is made in 631 and 632, to comply with any of the re- quirements thereof, a further notice shall be served upon him, in the manner heretofore prescribed, notifying him that a survey of the premises named in said notice will be made at the time and place therein named, which time shall not be less than twenty-four hours nor more than three days from the time of the service of said notice, by three competent persons, one of whom shall be the superintendent of buildings or an inspector designated in writing by said super- intendent, another of whom shall be an architect, appointed by the New York Chapter of the American Institute of Architects for the boroughs of Manhattan, The Bronx and Richmond, and by the Brooklyn Chapter of the American Institute of Architects for the boroughs of Brooklyn and Queens, depending upon the borough or boroughs in which the property is located, another of whom shall be a practical builder, engineer or architect appointed by the person thus notified. In case the person served with such notice shall neg- lect or refuse to appoint such surveyor the other two surveyors shall make the survey, and in case of a disagreement of the latter, shall 158 CODE OP ORDINANCES OP THE CITY OP NEW YORK appoint a third person to take part in such survey, who shall also be a practical builder, engineer or architect of at least ten years' practice and whose decision snail be final. The notice shall also set forth that in case the premises referred to therein shall be reported unsafe or dangerous under such survey, the said report shall be placed before the Supreme Court, as indicated in the notice, and that a trial upon the allegations and statements contained in said report, be the report of said surveyors more or less than is contained in the said notice of survey, will be had before said court at a time and place therein named, to determine whether said unsafe or dangerous building or premises shall be repaired and secured or taken down and removed, and that a report of said survey, reduced to writing, shall constitute the issue to be placed before the court for trial. 2. Posting report of survey. A copy of the report of the survey shall be posted on the building the subject thereof by the persons holding the survey immediately on their signing such report. 3. Compensation of surveyor. The architect appointed by the Chapters of the American Institute of Architects, as hereinbefore provided, who may act on any survey called in accordance with the provisions of this article, and the third surveyor who may have been called in the case of disagreement provided for in this section, shall be entitled to and receive each the sum of $25, to be paid by the comp- troller upon the voucher of the superintendent of buildings. A cause of action is hereby created for the benefit of the City against the owner of said building, staging or structure, and of the lot or parcel of land on which the same is situated, for the amount so paid with interest. The amount so collected shall be paid over to the comp- troller in reimbursement of the amounts paid by him as afore- said. (B. C., sec. 154, rev. from L. 1882, ch. 410, 510, as amend.) Only the defects mentioned in the preliminary notice can be tried. If others are found, a new survey must be had. Matter of Unsafe Building, 1 Abb. N. C. 464. See also Cain v. City of Syracuse, 95 N. Y. 83. 634. Judicial review of survey. 1. Institution of proceeding. Whenever the report of any such survey had as aforesaid shall recite that the building, premises or structure thus surveyed is unsafe or dangerous, the corporation counsel shall at the time specified in the notice place such notice and report before the justice holding a spe- cial term of the court named in the notice. 2. Precedence of proceeding. The determination of the issue in an unsafe building proceeding shall have precedence over every other business of such court, and a trial of the issue shall be held without delay at the time specified in the notice by the justice holding said court, or a referee, whose decision or report in the matter shall be final, unless a jury trial is demanded, in which case the verdict of such jury shall be final. 3. Postponement of trial. If for any reason the issue shall not be tried at the time specified in said notice, or to which the trial may be adjourned, the same may be brought to trial at any time thereafter by the superintendent of buildings without a new survey, upon not less than three days' notice of trial to the person upon whom the orig- inal notice was served, or to his attorney. Such notice of trial may be served in the same manner as said original notice. BUILDING CODE 159 4. Precept to abate. Upon the rendition of a verdict or decision of the court or referee, if the said verdict or decision shall find the said building, premises or structure to be unsafe or dangerous, the justice trying the cause, or to whom the report of the referee trying said cause shall be presented, shall immediately issue a precept directed to the superintendent of buildings, reciting said verdict or decision, and commanding him forthwith to repair and secure, or take down or remove, as the case may be, the unsafe or dangerous building or part thereof, staging, structure or other premises that shall have been named in the said report, in accordance with such verdict or decision. 635. Repair or removal under precept. 1. Execution of precept. Upon receiving a precept issued under the provisions of the preced- ing section, the superintendent of buildings referred to therein shall immediately proceed to execute the same, as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose, provided, nevertheless, that immediately upon the issuing of said precept, the owner of said build- ing or part thereof, staging or structure, or premises, or any party interested therein, upon application to the superintendent of build- ings, shall, upon the payment of all costs and expenses, incurred up to that time by the city, be allowed to perform the requirements of the precept at his own proper cost and expense, if the same shall be done immediately and in accordance with the requirements of said precept. The superintendent of buildings shall have authority to modify the requirements of any precept upon application to him therefor, in writing, by the owner of said building or part thereof, staging or structure, or his representative, when he shall be satisfied that such change shall secure equally well the safety of said building, or part thereof, staging or structure. 2. Interference prohibited. It shall be unlawful for any person, whether interested or not in the property affected, to interfere, ob- struct or hinder the superintendent of buildings or his representative or any person who, acting under the authority conferred on him by such superintendent, is performing the work directed by a precept issued out of any Court as in this article provided, or ordered by the superintendent in accordance with such precept under the provisions of this chapter. 636. Provision for expense of executing precept. In and about all preliminary proceedings, as well as the carrying into effect any order of the court or any precept issued by any court, the superin- tendent of buildings may make requisition upon the comptroller for such amount of money as shall be necessary to meet the expenses thereof; and upon the approval of the statement of expenses thereof by any justice of the court from which the said order or precept was issued, the comptroller shall pay the same, and for that purpose shall borrow and raise upon revenue bonds, issued as provided by law, the several amounts that may from time to time be required, which shall be reimbursed by the payment of the amount and interest at six per cent, out of any judgment obtained as hereinafter provided, when said amount and interest shall have been collected. 637. Return of precept; reimbursement of city. Upon compliance with any precept issued to him in an unsafe building proceeding, 160 CODE OP ORDINANCES OF THE CITY OF NEW YORK the superintendent of buildings [to whom the precept issued] shall make return thereof, with an indorsement of the action thereunder and the cost and expenses thereby incurred, to the justice then hold- ing the special term of the court from which such precept issued, and thereupon said justice shall tax and adjust the amount indorsed upon said precept, and shall adjust and allow the disbursements of the proceeding, together with the preliminary expenses of searches and surveys thereof which shall be inserted in the judgment in said action or proceeding, and shall render judgment for such amount, and for the sale of the said premises in the said notice named, together with all the right, title and interest that the person named in the said notice had in the lot, ground or land upon which the said build- ing or structure was placed, at the time of the filing of a notice of lis pendens in the said proceedings, or at the time of the entry of judgment therein to satisfy the same, which shall be in the same man- ner and with like effect as sales under judgment in foreclosure of mortgages. The notice of lis pendens provided for in this section shall consist of a copy of said notice of survey and shall be filed in the office of a county clerk in the county where the property affected by such action, suit or proceeding is located. 638. Fallen buildings; building imminently dangerous. 1. Re- covery of bodies from wrecked buildings. In case of the falling of any building or part thereof in the city, where persons are known or believed to be buried under the ruins, the superintendent of build- ings shall cause an examination of the premises to be made for the recovery of the bodies of the killed and injured. Whenever, in mak- ing such examination, it shall be necessary to remove any debris from the premises, the commissioners of the departments of docks, parks and street cleaning, and the superintendent of the appropriate bureau of highways, respectively, when called upon by the superin- tendent of buildings, shall co-operate with said superintendent in carrying out the purpose of this section and shall provide suitable and convenient places for the deposit of such debris. 2. Temporary safeguards for dangerous buildings. In case there shall be, in the opinion of the superintendent of buildings, actual and immediate danger of the falling of any buildirig or part thereof so as to endanger life or property, he shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings provided for unsafe buildings by this article are instituted. 3. Vacating buildings; closing streets and sidewalks. The super- intendent of buildings is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and the superintendent may, when necessary for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to such building or part thereof, and prohibit the same from being used. The police commissioner, when called upon by the superintendent of buildings to co-operate, shall enforce such orders or requirements. 4. Laborers and materials. For the purposes of this section, the superintendent of buildings shall employ such laborers and ma- BUILDING CODE 161 terials as may be necessary to perform said work as speedily as possible. While debris may be removed it cannot be sorted at the city's expense. People ex rel. Dunn v. Metz, 115 App. Div. 269. 639. Emergency fund. 1 . Sources. The corporation counsel shall, on the first day of each and every month, render to each su- perintendent of buildings an account of and pay over to him the amount of such penalties and costs received by him, together with his bill for all necessary disbursements incurred or paid in said suits, keeping a separate account for each superintendent. Each super- intendent shall pay over monthly the amount of such penalties and costs so collected to the comptroller, as a fund for the use and bene- fit of his bureau. 2. Purposes. The fund aforesaid shall be used for the purpose of paying expenses incurred by the several superintendents of build- ings under 638 of this chapter, and also for the purpose of carrying into effect any order or precept issued by any court, judge or justice to any superintendent of buildings. Upon the requisition of the su- perintendent having jurisdiction the comptroller shall pay such sums as may be allowed and adjusted by any court of record for such purposes. ARTICLE 32 ENFORCEMENT OF CHAPTER (Amended by ord. effective Nov. 29, 1916) Sec. 650. Notices of requirements or of violations. 651. Emergency measures. 652. Judicial remedies. 663. Judicial orders. 654. Penalties. 655. When violation is a misdemeanor. Sec. 650. Notices of requirements or of violations. 1. Issue. AH notices of the violation of any of the provisions of this chapter, and all notices required or authorized by this chapter, directing any- thing to be done, including notices that any building, structure, premises, or any part thereof, is deemed to be unsafe or dangerous, shall be issued by the superintendent of buildings, and shall have his name affixed thereto. 2. Contents. Each such notice or order, in addition to the state- ment of requirements, shall contain a description of the building, premises or property affected. 3. Personal service. All such notices, and any notice or order is- sued by any court in any proceeding, instituted pursuant to this chapter, to restrain or remove any violation, or to enforce compli- ance with any provision or requirement of this chapter, may be served by delivering to and leaving a copy of the same with any person violating, or who may be liable under any provisions of this chapter, or who may be designated as provided in subdivision 4 of 653 of this article. They may be served by any officer or em- 162 CODE OF ORDINANCBS OP THE CITY OP NEW YORK ployee of the bureau of buildings, or by any person authorized by the said bureau. 4. Notice by posting. If the person to whom such order or notice is addressed cannot be found within the city of New York after dili- gent search shall have been made for him, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to have been placed or to exist, or to which such notice or order may refer, or which may be deemed unsafe or dangerous, and also depositing a copy thereof in a post-office in the city of New York, inclosed in a sealed, postpaid wrapper addressed to said person at his last known place of residence, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made, whether residents or non-residents of the State of New York. (B. C., sec. 152, rev. from L. 1882, ch. 410, 507, as amend.) See Greenhaus v. Alter, 30 App. Div. 585; Fire Dept. v. Williamson, 1 Robt. 476. 651. Emergency measures. I. Stopping work; vacating and se- curing building. In case there shall be, in the opinion of the super- intendent of buildings, danger to life or property by reason of any defective or illegal work in violation of or not in compliance with any of the provisions or requirements of this chapter, the superintendent, or such person as may be designated by him, shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judg- ment may be necessary to remove any danger therefrom. 2. Closing street temporarily. The superintendent of buildings may, when necessary for the public safety, temporarily close the sidewalks, streets, buildings, structures or places adjacent to said building or part thereof, and the police commissioner, or any of his subordinates, when called upon by the said superintendent of build- ings to co-operate, shall enforce all orders or requirements made under this section/ 652. Judicial remedies. 1. Action or proceeding, generally. Whenever the superintendent of buildings is satisfied that any building or structure, or any portion thereof, or any drainage or plumbing, the erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this chapter, is being erected, constructed, altered or repaired, or has been erected, constructed, altered or repaired, in violation of, or not in compliance with, any of the provisions or requirements of this chapter, or in violation of any detailed statement of specifications or plans sub- mitted and approved thereunder, or of any certificate or permit issued thereunder, or that any provision or requirement of this chapter, or any order or direction made thereunder has not been complied with, or that plans and specifications for plumbing and drainage have not been submitted or filed as required by this chapter, the superintendent may, in his discretion, through the corporation counsel, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation, or the execution of any work thereon, or to restrain or correct the erection or altera- tion of, or to require the removal of, or to prevent the occupation BUILDING CODE 163 or use of, the building or structure erected, constructed, or altered, in violation of, or not in compliance with, any of the provisions of this chapter, or with respect to which the requirements thereof, or of any order or direction made pursuant to any provisions contained therein, shall not have been complied with. Any person who shall maintain or continue any building or structure, or any portion thereof, or any drainage or plumbing, in violation of any of the pro- visions of this chapter, after having been duly notified as in this chapter provided that such building or structure, or any portion thereof, or that such drainage or plumbing is in violation of any provision of this chapter, shall be subject to any action or proceed- ing and any penalty that is provided in this article for the commission of the violation. 2. Corporation counsel to act. The corporation counsel shall in- stitute any and all actions and proceedings, either legal or equitable that may be appropriate or necessary for the enforcement of the pro- visions of this, chapter. 3. Courts having jurisdiction. All courts of civil jurisdiction in the city shall have cognizance of and jurisdiction over any and all suits and proceedings authorized by this chapter to be brought for the recovery of any penalty or the enforcement of any provision of this chapter, and shall give preference to such suits and proceed- ings over all others. No court shall lose jurisdiction of any action hereunder by reason of a plea that the title to real estate is involved ; provided the object of the action is to recover a penalty for the viola- tion of any of the provisions of this chapter. All civil courts in said city are hereby invested with full legal and equitable jurisdiction to hear, try and determine all such actions and proceedings, and to make appropriate orders and render judgment therein according to law, so as to give force and effect to the provisions of this chapter. 4. Restraining order. In any such action or proceeding the city may, in the discretion of the superintendent of buildings and on his affidavit setting forth the facts, apply to any court of record in said city or to a judge or justice thereof, for an order enjoining and re- straining all persons from doing, or causing or permitting to be done, any work in or upon such building or structure, or in or upon such part thereof as may be designated in said affidavit, or from occupy- ing or using said building or structure, or such portion thereof as may be designated in said affidavit, for any purpose whatever, until the hearing and determination of said action and the entry of final judgment therein. The court, or judge or justice thereof, to whom such application is made, is hereby authorized forthwith to make any or all of the orders above specified, as may be required in such appli- cation, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No undertaking shall be required as a condition to the granting or issuing of such injunction order, or by reason thereof. 5. Judgment. All courts in which any action or proceeding is instituted under this chapter shall, upon the rendition of a verdict, report of a referee, or decision of a judge or justice, render judgment in accordance therewith. 6. Lien of judgment. Any judgment rendered in an action or proceeding instituted under this chapter shall be and become a lien 164 CODE OF ORDINANCES OF THE CITY OF NEW YORK upon the premises named in the complaint in such action, to date from the time of filing a notice of lis pendens in the county clerk's office of the county, wherein the property affected by such action, suit or proceeding, is located. Every such lien may be enforced against said property, in every respect, notwithstanding the same may be transferred subsequent to the filing of the said notice. 7. Lis pendens. The notice of lis pendens referred to in this section shall consist of a copy of the notice issued by the superin- tendent of buildings, requiring the removal of the violation and a notice of the suit or proceedings instituted, or to be instituted thereon. Such notice of lis pendens may be filed at any time after the service of the notice issued by the superintendent as aforesaid; provided he may deem the same to be necessary, or is satisfied that the owner of the property is about to transfer the same to avoid responsibility for having violated a provision of this chapter. Any notice of lis pendens filed pursuant to the provisions of this chapter may be vacated and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted or is pending, or upon the consent in writing of the corporation counsel. The clerk of the county where the notice is filed, is hereby directed and re- quired to mark any such notice of lis pendens, and any record or docket thereof, as vacated and cancelled of record, upon the presen- tation and filing of a certified copy of an order or of the consent, as aforesaid. 8. Costs. In no case shall a bureau of buildings, or any officer thereof, of the city, be liable for costs in any action, suit or proceed- ing that may have been, or may hereafter be, instituted or com- menced in pursuance of this chapter. 9. Officers not liable for damages. No officer of a bureau of build- ings, acting in good faith and without malice, shall be liable for damages by reason of anything done in any action or proceeding instituted under any provision of this chapter, or by reason of any act or omission in the performance of his official duties. 653. Judicial orders. 1. To comply with building notices. In case any notice or direction authorized to be issued by this chapter is not complied with within the time designated therein, the city, by the corporation counsel, may, at the request of the superintendent of buildings, apply to the Supreme Court, at a special term thereof, for an order directing the superintendent to proceed to make the alterations or remove the violation, as the same may be specified in said notice or direction. 2. To vacate for violations. Whenever any notice or direction so authorized, shall have been served as directed in this article, and the same shall not have been complied with within the time designated therein, the corporation counsel shall, at the request of the superin- tendent of buildings, in addition to, or in lieu of any other remedy provided for by this chapter, apply to the Supreme Court, at a special term thereof, for an order directing the superintendent to vacate such building or premises, or so much thereof as he may deem neces- sary, and prohibiting the same to be used or occupied for any pur- pose specified in said order until such notice shall have been complied with. 3. Responsibility of lessees or occupants. In case any of the notices BUILDING CODE 165 or orders of the court herein mentioned shall be served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service is made to give immediate notice to the owner or agent of the build- ing or premises named in the notice, if such person shall be within the limits of the city, and his residence be known to such person, and, if not within the city by depositing said notice in any post-office in the city, properly inclosed in a post-paid wrapper addressed to such owner or agent at his then known place of residence. 4. Designation by an owner of a building. Any owner of real estate or of a building thereon, may execute and acknowledge a written designation of a resident of said city, as a person upon whom may be served, any notice of violation, notice to make safe, or notice of survey, a summons, a mandate, or any paper or process, issued under a provision of this chapter, and may file the same, with the written consent of the person so designated, duly acknowledged, in the office of the superintendent of buildings. The designation must specify the location of the property with respect to which the designation is made and the residences and places of business of the person mak- ing it and the person designated. It shall remain in force during the period specified therein, if any, or until revoked by the death or legal incompetency of either of the parties, or by the filing of a revocation by either of the parties, duly acknowledged and indorsed with the consent of the superintendent of buildings. The superintendent of buildings shall file and index each designation and shall note, upon the original designation and index, the filing of a revocation. While the designation remains in force, as prescribed in this section, a no- tice of violation, notice to make safe or notice of survey, a summons, a mandate, or any paper or process under the provisions of this chapter, or either of the same, shall be served upon the person so designated, in like manner ana with like effect, as if it were served personally upon the person making the designation, notwithstanding his presence in the city. 5. Reimbursement of city for expenses. The expenses and dis- bursements incurred in the carrying out of any order issued as pro- vided in subdivision 2 of this section, shall become a lien upon the building or premises named in the order, from the time of filing of a copy of the said order, with a notice of trie pendency of the action or proceeding as provided in this chapter, taken thereunder, in the office of the clerk of the county where the property affected by such action, suit or proceeding is located; and the Supreme Court, to whom appli- cation shall be made, is hereby authorized and directed to grant any of the orders above named, and to take such proceedings as shall be necessary to make the same effectual, and any justice to whom appli- cation shall be made is hereby authorized and directed to enforce such lien in accordance with the mechanics' lien laws applicable to the city. 654. Penalties. 1. General. Except as hereinafter provided with respect to the amount of the penalty the owner of any building, structure or part thereof, or wall, or any platform, staging or flooring to be used for standing or seating purposes, or the owner of the land where any violation of this chapter shall be placed, or shall exist, and any architect, builder, plumber, carpenter, mason or other per- 166 CODE OF ORDINANCES OF THE CITY OF NEW YORK son who may be employed or assist in the commission of any such violation, and any and all persons who shall violate any of the pro- visions of this chapter or fail to comply therewith, or any require- ment thereof, or who shall violate or fail to comply with any detailed order or rules made thereunder, or who shall build in violation of any detailed statement of specifications or plans, submitted and ap- proved thereunder, shall severally, for each ana every such viola- tion and non-compliance, respectively, forfeit and pay a penalty in the sum of not less than ten dollars nor more than fifty dollars. 2. Heating plant and fire prevention violations. Any person who shall violate any of the provisions of this chapter, as to the construc- tion of chimneys, fireplaces, flues, hot-air pipes and furnaces, or who shall violate any of the provisions thereof relating to the framing or trimming of timbers, girders, beams, or other woodwork in proximity to chimney flues or fireplaces, shall forfeit and pay a penalty in the sum of one hundred dollars. 2a. Violations of the provisions for the registration of plumbers. Any person, corporation or copartnership violating any of the pro- visions of sec. 604 of this chapter relating to the registration of plumb- ers shall be fined for such offense in a sum not exceeding two hundred and fifty dollars, or by imprisonment not exceeding three months, or by both, and in addition, shall forfeit any certificate of registration that may be held at the time of such conviction, provided, however, that when such violation is for the provision relating to the posting of a metal plate, no penalty for imprisonment shall be imposed, and the fine shall not exceed fifty dollars for the first offense, but not less than one hundred nor more than five hundred dollars for a subse- quent offense. (Amended ord. effective July 7, 1916.) 3. Continuing violation, after notice. Any person who having been served with a notice as in this chapter prescribed, to remove any violation, or comply with any requirement of this chapter, or with any order or rule made thereunder, shall fail to comply with said notice within ten days after such service or shall continue to violate any requirement of this chapter in the respect named in said notice shall pay a penalty of not less than fifty dollars nor more than two hundred and fifty dollars. 4. Jurisdiction of penalty actions. For the recovery of any said penalty or penalties an action may be brought in any municipal court, or court of record, in said city in the name of the city; and whenever any judgment shall be rendered therefor, the same shall be collected and enforced, as prescribed and directed by the code of civil procedure of the state of New York. 5. Discontinuance of action upon removal of violation. If any violation shall be removed or be in process of removal within ten days after the service of a notice as in this chapter prescribed, the liability of such penalty shall cease, and the corporation counsel, on request of the superintendent of buildings, shall discontinue any action pending to recover the same, upon such removal or the com- pletion thereof within a reasonable time. . 6. Remission of penalty. The superintendent of buildings, through the corporation counsel, is hereby authorized, in his discre- tion and upon good and sufficient cause being shown therefor, to remit any penalty which any person may have incurred, or may BUILDING CODE 167 hereafter incur, under any of the provisions of this chapter; but no such penalty shall be remitted until the violation shall have been removed. Said superintendent is further authorized in his discre- tion to remit any costs allowed or obtained in any penalty suit or any other action or proceeding instituted under the provisions of this article. 655. When violation is a misdemeanor. Any person who shall receive and fail to comply with any written peremptory order of the superintendent of buildings issued only when an immediate com- pliance with such order is essential to the public peace or safety, within the time specified in such order, shall be guilty of a misde- meanor.) (Amend, by ord. effective Nov. 29, 1915.) NOTES This act being beneficial should be liberally construed to attain the object in- tended. N. Y. Fire Dept. v. Buhler, 35 N. Y. 177. A statute limiting height of certain buildings held valid exercise of police power. People ex rel. Kemp v. D'Oench, 111 N. Y. 359. (B. C., sec. 150, rev. from L. 1882, ch. 410, 505, as amend.) An inspector of a department has no power to change the plans and specifica- tions as fixed by the head of the department. Health Dept. v. Harnm, 4 Misc. 602, 34 N. Y. Supp. 730. Nor will the approval of a minor official, as to a change, be a defense to an action to recover a penalty. Fire Department v. Buhler, 35 N. Y. 177; Fire Department N. Y. v. Buffum, 2 E. D. Smith, 511. Excavation. Where a party is excavating next to a building it is incumbent upon him to request permission to enter upon the adjoining property to support the adjoining wall, and the adjoining owner will not lose the benefit of the statute because he did not tender such license. Dorrity v. Rapp, 72 N. Y. 307. And the builder must protect the adjoining building not only during such excavating, but have the adjoining wall as stable after as before excavating. Bernheimer v. Kil- patrick, 53 Hun, 316; 6 N. Y. Supp. 858. But to impose such obligation on the builder the adjoining owner must grant a proper license. Sherwood v. Seaman, 2 Bosw. 127. And where such license has been given the builder will have a reaspn- ble time to finish the wall, although the license may be revoked by the adjoining owner. Ketchum v. Newmann, 116 N. Y. 422. But the provision requiring an owner excavating below ten feet to protect his neighbor's wall does not apply to one excavating in a street under a contract with the municipal authorities. Jencks v. Kenny, 19 N. Y. Supp. 243; 28 Abb. N. C. 154. See also Cohen v. Simmons, 21 N. Y. Supp. 385, app. 142 N. Y. 671; McKenzie v. Hatton, 141 N. Y. 8; Blanchard v. Savarese, 97 App. Div. 58; New York Steam Co. v. Foundation Co., 123 App. Div. 254; Foster v. Zampieri, 140 App. Div. 471. Where an excavation is only carried 9 ft. the defendant must still pay for cost of protecting adjoining building as the intention was to go 10 ft. or more. Wear v. Koehler, App. Term Sup. Ct. N. Y. Law Journal, Dec. 29, 1914. Signs. Ordinance litniting height sustained People ex rel. Publ. Leasing Co. v. Ludwig, 218 N. Y. 540 (aff. 172 App. Div. 71); Southern Leasing Co. v. Ludwig, 217 N. Y. 100. For cases on ordinances in general see cases cited after chapter 28. 168 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 6 Charities Article 1. Inmates of public institutions. ARTICLE 1 INMATES OF PUBLIC INSTITUTIONS Sec. 1. Applications for admission; investigation of. 2. Classification and instruction. 3. Libraries. 4. Employment and discipline. Sec. 1. Application for admission; investigation of. The commis- sioner of public charities shall investigate the circumstances of every person admitted to an institution under his charge, and of the near relatives of such person. Such investigation shall be made, when practicable, before the admission of the person, and the results of the investigation shall be placed on file and preserved with the records of the department. (Charter, 663.) 2. Classification and instruction. The commissioner shall cause all the inmates of institutions under his charge to be classified, at the time of their admission so far as practicable, upon the basis of pre- vious character and conduct, but such inmates may be transferred or reclassified in accordance with their conduct in the institution. The commissioner, within the limits of his appropriation, may establish and maintain in the public institutions under his charge such schools or classes for the instruction and training of inmates, as may in his opinion be desirable. Teachers employed to teach the physically or mentally defective children in institutions subject to the supervision of said commissioner shall receive the same rate of compensation for their services as is now or may hereafter be paid to teachers of similar classes in the public schools of the city. (Charter, 663.) 3. Libraries. The commissioner is empowered to provide in the several institutions within his jurisdiction sufficient space for the purposes of a library for the inmates. He is authorized to accept contributions of books, pamphlets and periodicals, from persons disposed thus to aid in the betterment and welfare of the inmates of the institutions of the department. All such contributions shall be recorded and catalogued; an account shall be kept thereof, and a report concerning the same shall be made at least once in each calendar year. (Ord. June 27, 1911.) 4. Employment and discipline. 1. Employment. Every inmate of an institution of the department, whose age and health will permit, shall be employed in cultivating the ground under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the public institutions under his control or for the use of any other department of the city, or in preparing and CHARITIES 169 building sea walls upon islands or other places belonging to the city, or in such mechanical or other labor as shall be found upon examina- tion to suit the capacity of the individual. The articles raised or manufactured by such labor shall be subject to the order of, and shall be placed under the control of the commissioner, and all such articles shall be utilized so far as practicable in the public institutions under his charge or of some other department of the city. All the land under the jurisdiction of the commissioner, not otherwise occupied or utilized, and which is capable of being cultivated, shall, in his discretion, be used for agricultural purposes. The hours of labor required of any pauper or other person committed to or placed under the charge of the commissioner shall be fixed by him. (Charter, 663 and 682, in part.) 2. Discipline. In case any pauper under the control of the com- missioner shall neglect or refuse to perform the work allotted to him or her, or shall violate the rules and regulations of the institution of which he or she is an inmate, the superintendent of the institution shall report such insubordination or violation to the commissioner, who may thereupon direct the punishment of such pauper by solitary confinement and by being fed on bread and water; but only for such length of time as the commissioner may consider necessary. In case any pauper shall neglect to perform the work assigned to him or her, or be guilty of any such violation on three or more separate occasions, the commissioner may cause the delinquent to be brought before the proper court or magistrate, and such court or magistrate may commit the accused to the workhouse or penitentiary as a disorderly person. (Charter, 682.) 170 CODE OF ORDINANCES OP THE CITY OF NEW YORK CHAPTER 7 Corrections Article 1. Inmates of correctional institutions. ARTICLE 1 INMATES OF CORRECTIONAL INSTITUTIONS Sec. 1. Classification and instruction. 2. Libraries. 3. Employment. 4. Manufacturing fund. 5. Details of inmates to other departments. 6. Discipline. 7. Records. Sec. 1. Classification and instruction. The commissioner of cor- rection shall cause all the criminals and misdemeanants under his charge to be classified, so far as practicable, so that the youthful and less hardened off enders shall not be rendered more depraved by the association with and evil example of older and more hardened of- fenders. He may establish and maintain such schools or classes for the instruction and training of the institution under his charge, as may be authorized by the board of estimate and apportionment. And, to this end, the commissioner may set apart one or more of the penal institutions for the custody of such youthful and less hardened offenders, and he is empowered, in his discretion, to transfer such offenders thereto and from any other of the penal institutions of the city and, when so transferred, to classify them so far as practicable with regard to age, nature of offense, or other fact, and to separate or group such offenders according to such classification, so far as prac- ticable. (Charter, 698, in part.) 2. Libraries. The commissioner is empowered to set aside in the city prison, and in any other place in which persons are held for infractions of the law pending determination by a court, a sufficient space for the purposes of installing a library for the inmates. The commissioner is authorized to accept contributions of books, pam- phlets and periodicals from persons who may be disposed thus to aid in the betterment and welfare of the inmates of institutions of the department. All such contributions shall be recorded and cat- alogued; an account thereof shall be kept, and a report concerning the same shall be made at least once in each calendar year. (Ord. June 27, 1911.) 3. Employment. Every inmate of an institution under the charge of the commissioner, whose age and health will permit, shall be employed in quarrying or cutting stone, or in cultivating land under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the institutions under CORRECTIONS 171 his control, or for the use of any department of the city, or in pre- paring and building sea walls upon islands or other places belong- ing to the city, upon which public institutions now are or may here- after be erected, or in public works carried on by any department of the city, or at such mechanical or other labor as shall be found, upon examination, to be suited to the capacity of the individual. The hours of labor required of any inmate of any institution shall be fixed by the commissioner. The articles raised or manufactured by such labor shall be subject to the order of and shall be placed under the control of the commissioner, and shall be utilized in the institutions under his charge or in some other department of the city. All the lands under the jurisdiction of the commissioner not otherwise occupied or utilized, and which are capable of cultivation, may be used for agricultural purposes. (Charter, 700, parts 701, 702.) 4. Manufacturing fund. In accordance with subdivision 2 of 23 of article 2A of chapter 26 of the Laws of 1909, as amended by chapter 247 of the Laws of 1913, and in accordance with subdivision 19 of 20 of article 2A of the same law, the establishment of a fund to be known as "Manufacturing Fund, Department of Correction," is hereby authorized and the Comptroller is authorized and directed to place in such fund all money received or realized through the sale of articles manufactured by the department. He is hereby authorized to charge against such fund any voucher received from the department for the pur- chase of materials, supplies and equipment to be used in its manufactur- ing industries. The Comptroller is hereby further authorized and directed to transfer to the general fund of the City, at the end of each calendar year, any sums remaining in said manufacturing fund in excess of $75,000. Adopted April 20, 1920. Approved April 24, 1920. 5. Details of inmates to other departments. At the request of the heads of the administrative departments of the city (who are hereby empowered to make such request), the commissioner may detail and designate any inmate of any institution in his charge to perform work, labor and services in and upon the grounds and building or in and upon any public work or improvement under the charge of such other department. And such inmates, when so employed, shall at all times be under the personal oversight and direction of a keeper of the department of correction, but no inmate of any correctional institution shall be employed in a ward of any hospital, except hospitals in penal institutions, while such ward is being used for hospital purposes. The provisions of this ordinance or of any law requiring advertisement for bids or proposals, or the awarding of contracts, for work to be done or supplies to be furnished for any of said departments, shall not be applicable to public work which may be done, or to the supplies which may be furnished under the pro- visions of the prison law. (Charter, 701.) 6. Discipline. In case any person confined in any institution of the department shall neglect or refuse to perform the work alloted to him by the officer in charge of such institution, or shall willfully violate the rules and regulations established by the commissioner, or shall resist and disobey any lawful command, or in case any such person shall offer violence to any prison officer or to any other pris- 172 CODE OF ORDINANCES OP THE CITY OP NEW YORK oner, or shall do or attempt to do injury to such institution or the appurtenances thereof or any property therein, or shall attempt to escape, or shall combine with any one or more persons for any of the aforesaid purposes, the officers of such institution shall use all suit- able means to defend themselves, to enforce discipline, to secure the persons of the offenders and to prevent any such attempt to escape, and the officer in charge of such institution in which such person is confined shall punish him by solitary confinement, and by being fed on bread and water only, for such length of time as may be considered necessary; but no other form of punishment shall be imposed, and no officer of any such institution shall inflict any blows whatever upon any prisoner, except in self-defence or to suppress a revolt or insurrection. In every case the officer imposing such pun- ishment shall forthwith report the same to the commissioner and notify the surgeon of the institution. Such surgeon shall visit the person so confined and examine daily into the state of his health until he shall be released from solitary confinement and return to labor. The surgeon shall report to the commissioner and to the officer in charge of such institution whenever, in his judgment, the health of the prisoner shall require his release. (Charter, 702.) 7. Records. The commissioner shall keep and preserve a proper record of all persons who shall come under his care or custody, and of the disposition of each such person, with full particulars as to the name, age, sex, color, nativity and religious faith of each, to- gether with a statement of the cause and length of detention of each such person. (Charter, 699.) DOCKS, FERRIES AND HARBOR CONTROL 173 CHAPTER 8 Docks, Ferries and Harbor Control Article 1. General provisions. 2. Apportionment of wharf property. 3. Buildings and structures on waterfront property. 4. Maintenance of wharf property. 5. Discharge and storage of cargoes. 6. Wharfage rates. 7. Ferries. 8. Protection of navigation. Sec. 1. Definitions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. Wherever used in this chapter, the following terms shall respectively be deemed to mean: 1. Canal-boat, a vessel built for navigating the canals of the State, measuring not more than 98 feet in length nor more than 18 feet in width and whose registered net tonnage does not exceed 150 tons. (Rule of Department.) 2. Day, 24 consecutive hours from the time of day or night when a vessel is berthed at a pier or slip. (Charter, 861.) ARTICLE 2 APPORTIONMENT OF WHARF PROPERTY Sec. 10. City purposes. 11. Floating baths. 12. Recreation piers. 13. Canal boats. 14. Docks for garden produce. 15. Oyster and other shell fish traffic. 16. Powers of dock masters; penalty for refusing to obey their directions. 17. Intrusion of other vessels into canal boat territory. 18. Disobedience of orders of commissioner. Sec. 10. City purposes. The commissioner of docks shall desig- nate and set apart suitable and sufficient wharves, piers, bulkheads, slips and berths in slips for the use of the several departments of the city. (Charter, 836.) 11. Floating baths. The commissioner shall, upon the requisi- tion of the respective borough presidents, furnish free of charge, in the vicinity of such locations as shall be designated by them, ac- 174 CODE OF ORDINANCES OF THE CITY OF NEW YORK cessible, convenient and safe berths for mooring free floating baths. (Charter, 834.) 12. Recreation piers. The commissioner is hereby authorized to set apart, from time to time, such piers as he shall deem necessary for the purpose of public recreation and for the convenience of dealers in country produce and other merchandise transported to the city for sale. He is hereby authorized to construct or rebuild the piers set apart under the provisions of this section, in such manner as shall provide a deck or upper story thereon and the necessary ap- proaches thereto, which shall be wholly free to the public for recre- ational purposes without the interference of business occupations. The lower deck or street level floor of each such pier shall be reserved for the use of boats and vessels plying upon the canals and tidal waters of the state and bringing merchandise to the city for sale therein. The berthing of boats at such piers shall be under the con- trol of the commissioner, but order shall be maintained by the police department in and around the portions thereof set apart for recrea- tional purposes. Except as herein provided, no wharf property shall be required to be so constructed as to admit of its free use, in whole or in part, for the purposes of public resort and recreation. (Charter, 837, revised.) 13. Canal boats. All the waterfront property commencing at the easterly side of pier new No. 4 to and including the easterly side of pier new No. 7, East river, and all the part of the waterfront from and including the north side of the pier at the foot of West 51st street to and including the southerly side of the pier at the foot of West 54th street, North river, shall, from the twentieth day of March to the thirty-first day of December in each year, be set apart, kept and reserved for the exclusive use and accommodation of canal boats and barges engaged in transporting property on the Hudson river, or coming to tide water from the canals of the state, and for the use of lighters engaged in loading or unloading such boats or barges; and the commissioner or other officers aforesaid shall assign such other accommodations for canal boats and barges, in other parts of the port of New York as may, from time to time, be necessary in receiving or discharging their cargoes. The waterfront property within the limits hereinbefore specified shall not be leased, but shall be reserved by the city for the use and purposes prescribed in this section. During the time specified and when the slips and wharves connected therewith shall be required for the use of canal boats and barges, the commissioner, and all officers who now are or hereafter shall be empowered by law or ordinance to regulate or station ships and vessels in the port of New York, shall prohibit and prevent all other boats, ships or vessels from entering any of the slips, or approaching or lying at any of the wharves within the districts aforesaid. (Charter, 854, 854a, 865.) 14. Docks for garden produce. All waterfront property on the Hudson river, from Gansevoort to Little West 12th street, shall be set apart oy the commissioner for the use of boats, barges and other vessels engaged in the business of transporting farm and garden produce, at such rates of wharfage as have been or may be lawfully established, and the commissioner may, from time to time, when any of such waterfront property is not in actual use for the purposes DOCKS, FERRIES AND HARBOR CONTROL 175 above mentioned, designate and appropriate the same for any public or general use; provided such designation or appropriation shall be subject at any time to revocation by the commissioner. (Charter, 858.) 15. Oyster and other shell fish traffic. The commissioner may grant permits for vessels or floating structures, engaged in the oyster business and used for the receipt, preparation and opening of oysters and other shell fish, to remain continuously moored to or at any waterfront property, not otherwise specifically appropriated by law or ordinance to the sole use of other kinds of commerce, upon such terms as to wharfage and otherwise, and subject to such regulations as the commissioner may prescribe. All permits so granted by the commissioner shall be subject at any time to revocation by him. Upon any such permit being granted, the person receiving the same, shall be entitled to moor such vessels or floating structures, con- tinuously and until the permit shall be revoked, to or at the dock, pier or bulkhead designated therein, subject to the terms of such permit; provided, however, that, where the city is not the owner of the dock, pier or bulkhead designated in such permit, the consent of the owner of the same, or of the person or persons entitled to collect wharfage therefrom, shall have been obtained. (Charter, 860.) 16. Powers of dock masters; penalty for refusing to obey their directions. Each dock master shall have power, within the district assigned to him, subject to the provisions of this code or of any statute: 1. To provide and assign suitable accommodations for all ships and vessels, and regulate them in the stations they are to occupy at waterfront property; 2. To remove from time to time such vessels as are not employed in receiving or discharging cargoes, to make room for such others as require to be more immediately accommodated for the purpose of receiving or discharging cargoes; 3. To determine as to the fact of such vessels being, fairly and in good faith, employed in receiving and discharging cargoes; 4. To determine how far and in what instance the master and others having charge of ships and vessels shall accommodate each other in their respective situations. Any master or other person, having charge of any vessel, canal boat, barge or lighter, who shall refuse or neglect to move the same when ordered to do so by a dock master, or who shall resist or for- cibly oppose said officer in the discharge of his duties, shall, for every such offense, forfeit and pay the sum of $50, to be recovered with costs of suit, by and in the name of the department of docks and ferries. (Charter, 867.) 17. Intrusion of other vessels into canal boat territory. When- ever any portion of the waterfront property mentioned in section 13 of this chapter shall be occupied by any ship or vessel, not entitled to occupy the same according to the provisions of that section, and the proprietor or person in charge of any canal boat or barge specified in said section, shall desire to use the berth or slip occupied by such ship or vessel, the commissioner, upon the request of the proprietor, consignee or person in charge of said canal boat or barge, shall forth- 176 CODE OP ORDINANCES OF THE CITY OF NEW YORK with remove such ship or vessel, as far as may be necessary to ac- commodate the canal boat or barge. If the commissioner, upon such request, shall neglect or refuse to comply with the same he shall, for each such neglect or refusal, forfeit and pay to the proprietor of the canal boat or barge, the sum of $50, to be sued for and re- covered by and in the name of such proprietor, for his use and benefit, hi any court of competent jurisdiction. (Charter, 856.) 18. Disobedience of orders of commissioner. Any person, in command or in charge of any vessel, who shall neglect or refuse to comply with any lawful order or direction of the commissioner in reference to the removal of any vessel, or who shall resist or obstruct the removal of the same, shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 10 days or by both such fine and imprisonment. (Charter, 857, changed.) ARTICLE 3 BUILDINGS AND STRUCTURES ON WHARF PROPERTY Sec. 30. Improvement of waterfront property; permit required. 31. Sheds on piers. 32. Platforms for fish trade. 33. Opening asphalt pavement on waterfront property. 34. Floating docks. 35. Violations. Sec. 30. Improvement of waterfront property; permit required. No shed, bililding, office, tally-house, booth, platform or stand shall be erected, nor shall any derrick, hoisting-mast, coal-hopper, sign or advertising device, or obstruction of any kind be placed or main- tained on any waterfront property, and no piles shall be driven, nor shall any filling-in or construction, repairs, alterations, removals, dredging or demolitions of any kind be made, on any part of the waterfront of the city, without a written permit therefor being first had and obtained from the commissioner. (Rules 1 and 2.) 31. Sheds on piers. Whenever any person shall be owner or lessee of any pier or bulkhead, and shall use and employ the same for the purpose of regularly receiving and discharging cargo thereat, such owner or such lessee, with the consent of the lessor, may erect and maintain, upon such pier or bulkhead, sheds for the protection of property so received or discharged; provided they shall have ob- tained from the commissioner a permit or license to erect or main- tain the same, subject to the conditions and restrictions contained in such permit or license; but, when such permit or license has been granted and has been acted upon, it shall not be revoked by the com- missioner without the consent in writing of the mayor and of the commissioners of the sinking fund, after due hearing of such licensee. All sheds or structures erected or maintained upon any wharf or pier under any permit or license heretofore granted by the department, or hereafter erected or maintained upon any wharf or pier under any permit or license granted by the commissioner, are declared to be lawful structures, subject to the terms and conditions of the permit DOCKS, PERRIES AND HARBOR CONTROL 177 or license authorizing the same. Hereafter, such sheds shall be con- structed subject to the regulations and under the authority of the commissioner. Any owner or lessee of a pier, or of a pier or bulk- head, or a part thereof, in respect of which the commissioner shall have granted such a permit or license, shall be entitled to the use of the premises so owned or leased by them and no vessel shall be placed hi any berth on such pier, or bulkhead, or part thereof, without the consent of such owner or lessee, during the contin- uance of his permit or license. The commissioner shall have power to build sheds or structures on any wharf or bulkhead belonging to the city, with full authority to lease the same; and any lessee thereof shall have all the rights and privileges above granted. (Charter, 844.) 32. Platforms for fish trade. The lessee of any waterfront prop- erty, to whom lease has been or may hereafter be granted for the use of the wholesale fish trade, may erect and maintain thereon, dur- ing the terms of any such lease or any renewal thereof, such plat- forms, sheds, stands or other structures suitable to the business of the wholesale fish trade as may be approved by the commissioner. (Charter, 871.) 33. Opening asphalt pavements on waterfront property. 1. Appli- cations. Applications to open asphalt pavement under the control of the department must be made to the commissioner. They shall be accompanied by an agreement from the company which has the con- tract for the maintenance of the pavement, if any, to relay it at the expense of the permittee. 2. Bond. The permittee shall give a bond, to be approved by the commissioner and conditioned to indemnify and save harmless the city, its officers, agents and servants, against and from all damages, cost and expense which they may suffer or to which they may be put, by reason of injury to the person or property of another, resulting from carelessness or negligence on the part of the permittee and his agents. 3. Conduct of work. Work under the permit shall be commenced within 10 days after the date of issue, and the permit shall be void at the end of that time, unless reissued. The permit shall be left during the whole time of construction in charge of the foreman at the work. The department of health shall be notified by the permittee of the time and place of making the excavation, in order that the premises may be disinfected. All work under such permit shall be wholly at the expense of the permittee and shall be so conducted as to cause the least possible inconvenience to public travel, residents and private businesses. It shall be done so as not to interfere with the telegraph, telephone, electric light and other subways, water mains or service connections, gas or other pipes, nor with sewers or house connections. All rock within 5 feet of a water, gas or pipe main shall be removed without blasting. All snow and ice upon the pavements within 5 feet upon either side of the opening shall be removed within 24 hours after it falls or forms. The trench, after the main is laid, shall be filled with clean earth, well rammed down as put in. 4. Weather delays. Whenever in consequence of the weather or any process of law, or other unexpected obstacle, the work shall be 178 CODE OP ORDINANCES OF THE CITY OF NEW YORK stopped for so long a time that public travel shall be obstructed, the trench shall be refilled and repaved as if the work contemplated in the permit was actually completed. 5. Laws and ordinances to be complied with. All work done under the permit shall be performed in accordance with the requirements of the commissioner, and in strict compliance with all applicable laws and ordinances, and the rules and regulations of the city departments established for the purpose of enforcing them. 6. Restoration of pavement. When the pavement opened consists of stone blocks, the work of restoring same shall be begun within 24 hours after notice from the commissioner so to do, and completed as rapidly as possible to the satisfaction of the commissioner, and in case of failure to so commence and complete the work it may be done by the commissioner hi such manner as he deems proper and to his satisfaction, and the permittee shall agree to pay the cost of restoring same as shown by the books and accounts of the department of docks and ferries. Where the pavement opened is asphalt the permittee shall agree to send an order to the asphalt company which has the contract for the maintenance thereof to re-lay it at the ex- pense of the permittee and to send a duplicate copy of the order to the chief engineer of the department. It shall also agree to pay the cost of such relaying and the cost of inspecting the work by the department. 7. Revocation of permit. The commissioner shall have the right to revoke the permit at any time. (Rule 13, rearranged.) 34. Floating docks. Floating docks may be used, with the con- sent of the owners of the piers or bulkheads, respectively, occupied for such use, or of the persons entitled to collect wharfage for such piers or bulkheads, for the purpose of taking up ships or vessels for repair, coppering or finishing; subject to the provisions of all statutes and ordinances regulating the use of the slips, piers and wharves of the city. (Charter, 870.) 35. Violations. Any owner, lessee, occupant or agent of any waterfront property who shall place or permit the erection, placing or maintaining of any erection or any structure, for which permit has not been duly obtained from the commissioner, shall forfeit and pay a penalty of $100, in addition to all damages for each arid every violation of any provision of this article; and there shall be a further penalty of $25 a day for each and every day which shall elapse until any such erection or structure so placed shall be removed, after the expiration of the time, specified in any notice for the removal thereof has been served upon such owner, lessee, occupant or agent. (Char- ter 827.) ARTICLE 4 MAINTENANCE OF WHARF PROPERTY Sec. 50. Cleaning, repairing and dredging waterfront property. 51. Overloading waterfront property. 52. Obstruction by goods, merchandise and materials. 53. Vehicular obstructions. 54. Removal of incumbrances and obstructions. DOCKS, FERRIES AND HARBOR CONTROL 179 55. Sale of seized merchandise, vehicles, etc. 56. Public hacks. 57. Violations. Sec. 50. Cleaning, repairing and dredging waterfront property. The owner, lessee and occupant of any waterfront property shall keep the same cleaned and in repair, and he shall keep the slips adjacent thereto properly dredged. Whenever, in the judgment of the commissioner, it shall be necessary so to do, written notices shall be served upon the owner, lessee or occupant of any pier, wharf or bulkhead, or the slip adjoining the same, on or in which cleaning, repairs or dredging are required, specifying the nature and extent of the requirement and the time within which it must be done. (Rule 14.) 51. Overloading wharf property. No cargo, goods or merchandise shall be discharged from any vessel upon any pier, bulkhead, wharf structure or marginal street, wharf or place, at which such vessel is being unladen, after a departmental notice has been served upon the owner, consignee, master or other officer of such vessel, or steve- dore, that the same will be endangered by the placing of such cargo, goods or merchandise thereon. No additional cargo, goods or mer- chandise shall be stored upon a marginal street, wharf or place after a departmental notice has been served upon the owner, consignee, agent or representative of such owner or consignee of such cargo, goods or merchandise, that such marginal street, wharf or place, or the pavement and surface thereof, will be endangered by an ad- ditional burden. In order that the surface of pavement and cover plates of the marginal streets, wharves and places shall not be dam- aged, cargo, goods or merchandise in excess of 12 tons shall not be transferred on any truck upon or over any marginal street, wharf or place, except by special license or permission of the commissioner; nor shall cargo, goods or merchandise be stored or stacked upon any marginal street, wharf or place in excess of 1,000 pounds per square foot, except by special license or permission of the commis- sioner, and in such manner and method as he may direct. (Rule 3.) 52. Obstruction by goods, merchandise and materials. 1. In sheds. The lessees or occupants of any waterfront property which has been covered in whole or in part with a shed, shall not allow goods, merchandise, cargo or material of any land to be discharged thereat or placed thereon, to remain upon the part thus shedded for a period longer than .5 days, without the written permission of the commissioner. (Rule 9.) 2. Generally. Except as otherwise provided in this section, all goods, merchandise and materials of every kind, landed or placed on any waterfront property, must be removed therefrom within 24 hours. After a departmental notice has been served upon the owner, shipper or consignee of any cargo, to remove the same, a penalty of $25 shall be paid for each and every day during which any part of such goods, merchandise or material shall remain upon such water- front property, after the expiration of said 24 hours, to be recovered from such owner, shipper or consignee, severally and respectively. 3. Removal and storage by department. All goods, merchandise and materials of every kind incumbering any waterfront property. 180 CODE OF ORDINANCES OP THE CITY OP NEW YORK after the time designated for the removal thereof shall have expired, shall be liable to be removed by the commissioner to any warehouse or yard, at the sole risk and expense of the owner or consignee of any such goods, merchandise or materials, and all expense incurred for such removal and storage, or otherwise, shall be and become a lien thereon, and they shall not be delivered to the owner or consignee until the same has been paid. (Rules 4 and 9.) 53. Vehicular obstructions. No unharnessed truck, cart, wagon or vehicle of any description shall be placed or left at any time on any marginal street, wharf, or place, or on any bulkhead, pier or reclaimed land, within the charge and control of the department, under a penalty of $3, to be recovered from the owner thereof. Any unharnessed truck, cart, wagon or vehicle of any description placed or left on any marginal street, wharf or place or on any bulkhead, pier or reclaimed land, under the charge and control of the depart- ment shall be removed by a person and to a place to be designated by the commissioner, and an additional charge of not less than 50 cents per day, for storage, shall be and become a lien thereon, and such un- harnessed truck, cart, wagon or vehicle shall not be delivered to the owner, until said fine and storage charge shall have been paid. (Rule 10.) 54. Removal of incumbrances and obstructions. Whenever any wharf, pier, bulkhead or marginal street, shall be incumbered, or its use interfered with by merchandise, lumber, trucks, wagons or any other obstruction, whether of loose materials or structures built upon or affixed to such waterfront property without authority of law, the commissioner shall notify the person placing or keeping such merchandise or other obstruction thereon to remove the same, within 24 hours after such notice. Whenever the commissioner shall make any order or give any direction in pursuance of the power conferred by this section, the owner, consignee or person in charge of the merchandise, property, or vessel in reference to which such order or direction is given, shall comply with the same without un- reasonable delay, or, in default thereof, the commissioner may em- ploy such laborers and assistance as may be necessary to carry out such order or direction, by the removal of the material, merchandise, or vessel in reference to which the same was given. All expenses, actually and necessarily incurred in effecting such removal, shall be paid by the owner, consignee, or person in charge of the material, merchandise, or vessel so removed, and the amount thereof shall be a lien upon the same, in favor of the department, which may be enforced by proceedings instituted by and in its name, according to the provisions of laws concerning attachments against vessels. The commissioner shall, for the purposes of this section, be deemed a creditor of such owner, consignee or person in charge, and each of them, for the amount of the expenses so incurred and may have and maintain an action against them or either of them, to recover the same. (Charter, 849, 850, 851, abridged.) 55. Sale of seized merchandise, vehicles, etc. During the months of January and July in each year, the commissioner shall advertise for 1 week, in the City Record, the merchandise, lumber, trucks, wagons or other incumbrances and obstructions which have been so stored and which have remained unclaimed, setting forth the DOCKS, FERRIES AND HARBOR CONTROL 181 marks and numbers thereon, the descriptions thereof and the desig- nation of the waterfront property from whence the same was re- moved and the date of such removal. If any of such merchandise, material or vehicle so advertised shall remain thereafter unclaimed for 3 months, the commissioner may then sell the same, after further advertisement for 1 week in the City Record, at public auction to the highest bidder. The proceeds of such sale shall be used to pay the expenses of the removal, storage and sale of such incumbrances or obstructions, and any balance thereof shall be held in trust by the commissioner for the owner or owners thereof, for 12 months, when, if not claimed, it shall be paid over to the commissioners of the sinking fund. (Charter, 849-851.) 56. Public hacks. No public hack or other vehicle shall stand or be allowed on any pier for the purpose of carrying passengers for hire from the pier, over the streets of the city without a permit. (Rule adopted 1914.) 57. Violations. Any person violating any provision of this article, or neglecting or refusing to comply with any order of the commissioner, made thereunder, shall, except as otherwise provided in this article, pay a penalty of $100 for each such violation or neglect or refusal to comply with such order, and the offender shall pay a further penalty of $25 for each day such violation or neglect or re- fusal to comply with the order shall continue. (Charter 927.) ARTICLE 5 DISCHARGE AND STORAGE OP CARGOES Sec. 60. Jurisdiction of commissioner. 61. Manner of discharging cargo. 62. Manure and other offensive refuse. 63. Inflammable material. 64. Building material. Sec. 60. Jurisdiction of commissioner. The commissioner shall have power, from time to time, to make such general rules and regula- tions and give such directions as will secure dispatch in loading and unloading vessels, and the prompt removal of the same from the piers as soon as completed, and also such as shall be necessary to prevent any unnecessary accumulation of freight or merchandise upon any pier or wharf, while any vessel shall be engaged in receiv- ing or discharging her cargo; provided, however, that this power shall not be exercised in reference to any obstruction or incumbrance upon any pier or wharf occupied by any regular line of steamboats or steamships, or by any railroad company, except upon the written request of the occupant or lessee of such pier or wharf. (Charter, 849.) 61. Manner of discharging cargoes. 1. Sand and gravel. No sand, gravel or similar material shall be discharged from or loaded into any vessel, unless canvas or similar material be extended from the vessel's side to the bulkhead or wharf structure at which such vessel is being unladen, to prevent the falling of the sand into the 182 CODE OP ORDINANCES OF THE CITY OP NEW YORK water; and, if the surface of any of such wharf structures is not sufficiently tight to prevent the sand dumped thereon from going through into the water, then no sand shall be discharged thereon from any vessel, unless canvas or similar material shall be first laid thereon to receive the sand. 2. Use of horses. No vessel of any kind shall be loaded or dis- charged by horsepower, unless proper planking be provided to protect the surface of such pier, bulkhead or wharf structure from injury, consequent upon the travel of the horse, or the unloading of stones or similar cargo thereupon, under a penalty of $25 for each offense, to be recovered from the owner, consignee or master of any such vessel, or stevedore, severally and respectively. 3. Lumber and brick. All lumber, brick or other material in bulk, discharged on any bulkhead, must be placed at least 20 feet from the edge of the bulkhead, pending removal. (Rule 5.) 62. Manure and other offensive refuse. No manure, cellar dirt, garbage, offal, dead animals, or refuse of any kind shall be received or delivered at any pier, bulkhead or reclaimed land, or placed thereon, without the special permit of the commissioner. (Rule 6.) 63. Inflammable material. The loading, discharging or keeping on any wharf, pier or bulkhead or any lighter, barge or other craft moored to any wharf, pier, or bulkhead in the city, of cotton, tur- pentine, rosin, hay, straw or other inflammable material deemed extra hazardous in the standard policy of fire insurance in use in the State of New York, or any explosive, shall not be permitted, unless the same is covered with tarpaulins, or other more permanent or substantial material. (Rule 5.) 64. Building material. No brick, sand, gravel or similar ma- terial shall be unloaded on any wharf property, unless a permit therefor shall be issued by the superintendent of docks, and no such material shall be unloaded on unleased city property unless an application shall be submitted to the superintendent, accompanied by a receipt from dock master for $12.50, specifying the name of the vessel from which the cargo is to be unloaded, and a permit issued therefor by the superintendent. At the expiration of 10 days from the date of said permit, if any portion of said cargo remains, a similar application, accompanied by a receipt for $12.50, additional, shall be submitted, as in the first instance. No vessel carrying such material or cargo shall be allowed to occupy a berth for a period longer than 5 days, when said berth is required by another vessel. City wharf property under permit shall be deemed leased property, within the meaning of this section. (Rule 11.) ARTICLE 6 WHARFAGE RATES Sec. 80. General traffic. 81. State traffic. 82. Local traffic. 83. Vessels carrying shellfish. 84. Floating structures; grain elevators. DOCKS, FERRIES AND HARBOR CONTROL 183 85. Canal boats and brick carriers. 86. Coal hoists and derrick scows. 87. Dump scows. 88. Berthing fees. 89. Payment of wharfage. 90. Top-wharfage. 91. Rates to be printed on wharfage bills; overcharges. Sec. 80. General traffic. Except as otherwise provided hi this arti- cle, wharfage and dockage shall be charged for each day, or part of day, a ship or vessel shall use or be made fast to any dock, pier, wharf or bulkhead, or shall make fast to any vessel lying at any such waterfront property, or to any other vessel lying outside thereof and made fast thereto, at the following rates: For each vessel of 200 tons burden and under, 2c. ( per ton; and for each vessel over 200 tons burden, 2c. per ton for each of the first 200 tons burden and 3^2 of Ic. per ton for every additional ton. (Charter, 859, in part.) 81. State traffic. Vessels known as North River barges, market boats and sloops, employed upon the waters of this state, and schoon- ers, exclusively employed upon such waters, shall pay wharfage or dockage for each day or part of a day, at the following rates: Under 50 tons burden $0.50 50 tons, and under 100 62^ 100 tons, and under 150 75 150 tons, and under 200 873^ 200 tons, and under 250 1.00 250 tons, and under 300 300 tons, and under 350 1.25 350 tons, and under 400 1.373/6 400 tons, and under 450 1.50 450 tons, and under 500 1.62^ 500 tons, and under 550 1.75 550 tons, and under 600 1.873/6 600 tons and upward, $1.873^ per 50 tons in excess of 600 tons. (Charter, 859, in part.) 82. Local traffic. Lighters and barges employed in lightering freight in the port of New York shall pay wharfage and dockage at the rate of Ic. per running foot, actual linear measurement, along the side of the vessel. (Charter, 859, in part.) 83. Vessels carrying shellfish. Vessels of 200 tons burden and under, which shall be actually engaged in carrying oysters or other shellfish, and which make fast to any waterfront property shall pay wharfage and dockage at the rate of 1 H - per ton each day, and every such vessel which shall make fast to another vessel lying at any waterfront property, or to any vessel lying outside of such vessel, or that shall anchor within any slip or basin, shall pay Ic. per ton per day; provided, that no vessel shall pay less than 25c., nor less than 1 day's wharfage, nor shall more than 1 day's wharfage be charged unless for a continuous use of the pier, wharf, bulkhead, slip or basin of more than 24 hours. (Charter, 860.) 84. Floating structures; grain elevators. Every vessel or floating 184 CODE OF ORDINANCES OF THE CITY OF NEW YORK structure, other than those above named, used for transportation of freight or passengers, shall pay double the first rate prescribed in 80 of this article; except that floating grain elevators shall pay one-half of such rate. (Charter, 859.) 85. Canal boats and brick carriers. Every canal boat and every vessel engaged hi freighting brick on the Hudson river, occupying a berth next to any waterfront property and engaged in delivering cargo upon said pier, wharf, or bulkhead, or receiving cargo there- from, shall pay wharfage at the rate of 50c. for every day or part of a day while so engaged; but, when unloaded, such canal boats or ves- sels shall pay wharfage at the rate of 30c. per day or part thereof; provided no canal boat or vessel, lying in any slip between two adjacent piers, shall be required to pay full wharfage to the owners or lessee of both such piers for the same day, notwithstanding she may, during said day, have changed her location between the piers; but she shall 'pay one-half rates to each owner or lessee in such case. (Charter, 861.) 86. Coal hoists and derrick scows. Coal hoists on scows or floats and vessels, loading or unloading derrick stone, old paving blocks and asphalt from street surfaces, shall pay $1.00 per day for derrick scow; $1.00 per day for boat lying next to a dock or next to a derrick, and regular wharfage for any additional boats. Derrick scows occupying berth without scows or other vessels, $2.00 per day. (Rule.) ' 87. Dump scows. Vessels loading or unloading ashes or similar material shall pay wharfage or dockage at the rate of Ic. per day per running foot. (Rule.) 88. Berthing fees. Every vessel making fast to a vessel at any pier, wharf, or bulkhead, or to another vessel outside of such vessel, or at an anchor within any slip or basin, when not receiving or dis- charging cargo or ballast, shall pay one-half of rates provided for vessels of her class in the preceding sections of this article. (Charter, 859, in part.) 89. Payment of wharfage. Dock masters must collect in cash any and all wharfage daily except in cases where a credit account has been opened by consent of the commissioner. Payment for wharf- age, by those having credit accounts, must be made direct to the casnier of the department within 10 days after receipt of bill. In case a vessel shall have a pier, wharf, bulkhead, slip or basin before the payment of the wharfage or dockage due on her account, the owner, consignee or person in charge of such vessel shall be liable to Cay double the rates of wharfage for vessels of her class, established y the preceding sections of this article. (Rule.) 90. Top wharfage. The owner or the lessee of any wharf, pier or bulkhead may charge and collect the sum of 5c. per ton on all goods, merchandise and materials remaining on the waterfront property, owned or leased by him, for every day after the expiration of 24 hours from the time the goods, merchandise and materials shall have been left or deposited thereon, and he shall have a lien on such goods, merchandise and materials for such charges until the same shall have been paid. (Charter, 862.) 91. Rates to be printed on wharfage Mis; overcharges. All persons owning or having charge of waterfront property shall cause all DOCKS, FERRIES AND HARBOR CONTROL 185 provisions of this article to be printed on the back of each bill pre- sented by them for wharfage, and the owner, consignee, or person in charge of any vessel shall not be required to pay the wharfage or dockage due on such vessel unless, upon his demand, the bill pre- sented to him is printed in conformity with this section. Any person, owning or having charge of any waterfront property ; who shall receive for wharfage any rates in excess of those authorized by this article, shall forfeit to the party aggrieved treble the amount so charged as damages, to be sued for and recovered by the party ag- grieved. (Charter, 863.) ARTICLE 7 FERRIES Sec. 100. ARTICLE 8 PROTECTION OF NAVIGATION Sec. 120. Obstructions to navigation. 121. Vessels lying at ends of piers. 122. Fouling navigable waters. 123. Ashes and refuse from vessels. 124. Violations. Sec. 120. Obstructions to navigation. In case any pier, bulkhead, platform or other wharf structure shall be abandoned ana constitute an obstruction to navigation, or a vessel shall be stranded, sunken or wrecked and be abandoned for 10 days, the commissioner shall notify the owner of such abandoned property or vessel, if known to him, to remove the same forthwith, but if the owner be not known to trie commissioner, or is not within the city, or shall fail to comply with the notice, the commissioner shall cause such obstruction or vessel to be removed, and the expense of such removal shall be recoverable by action from the owner and shall be a lien on the property or vessel so removed until paid. If such property or vessel be not claimed within 30 days after removal, the commissioner shall advertise the same for sale, at public auction to the highest bidder, i.i the City Record for 6 days. The proceeds of each such sale shall be paid into the city treasury. (Rule 11.) 121. Vessels lying at outer end of wharfs. No vessel, canal boat, barge, lighter or tug shall obstruct the waters of the harbor, by lying at the exterior end of wharves in the waters of the North or the East river, except at their own risk of injury from vessels entering or leaving any adjacent dock or pier. (Charter, 879.) 122. Fouling navigable waters. 1. Dumping. No wharf, pier or slip, or bulkhead adjacent thereto, in the navigable waters of the port of New York, which has heretofore been used for the loading and discharging of sailing vessels, regularly employed in foreign commerce and having a draught of more than 18 feet of water, shall be used as a dumping ground. (Charter, 845.) 186 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2. Harbor pollution. The placing, discharging or depositing, by any process or in any manner, of offal, fruit, vegetables, piles, lumber, timber, driftwood, dirt, ashes, cinders, mud, sand, dredging, sludge, acid, or any other refuse matters, floatable or otherwise, in the tidal waters of the port of New York is hereby strictly prohibited, except under the supervision of the United States supervisor of the harbor. (Charter, 880, Rule 15.) 3. Snow and ice. No snow or ice shall be dumped into the waters adjacent to waterfront, except from piers, bulkheads and other places designated from time to time by the commissioner. (Charter, 878, Rule 8.) 4. Oil and oil refuse. No person shall discharge or cause or permit to be discharged into the tidal waters of the port of New York, from any ship, steamer or other vessel, any oil, oil refuse, or other inflammable matter. (New.) 123. Ashes, oil and oil refuse from vessels. Scows employed by the city or by contractors for removing ashes, garbage, oil, and oil refuse, while moored at the various dumping boards of the city, are hereby re- quired to receive, directly, all such substances from vessels in the harbor, and 5 or more scows shall be located at such points as the supervisor of the harbor may direct, for the special use of boats and vessels wishing to discharge any such substances. Adopted December 16, 1919. Approved December 23, 1919. 124. Violations. Any person violating any provision of this article shall, upon conviction therefor, be punished by a fine of not more than $250 nor less than $5, or imprisonment for not more than 6 months nor less than 10 days, one-half of said fine to be paid to the person giving information which shall lead to the conviction of the offender. (Charter, 880.) ELECTRICAL CONTROL 187 CHAPTER 9 Electrical Control (New. Approved July 16, 1915) Article 1. General provisions. 2. Generators, motors, switchboards. )i. Outside work. 4. Inside work. 5. Fittings, materials and details of construction. 6. Miscellaneous. 7. Violations. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. 2. Jurisdiction; powers and duties of the commissioner. .3. Federal buildings. 4. City departments. 5. Public service electric corporations. \ 6. Installations, alterations or repairs of wiring or appliances. \ 7. Applications. 8. License board. 9. Fees. 10. Inspection. I 11. Certificate of inspection. 12. Supplying current. 13. Discontinuing current. Sec. 1. Definitions. Unless otherwise expressly stated, the fol- lowing terms whenever used in this chapter shall respectively be deemed to mean and include: 1. Appliances. All electrical apparatus or fittings, except fuse renewals, incandescent lamp renewals and portable devices which together with their cables and attachments have been approved for connection to appropriate parts of the permanent electrical equip- ment. 2. Approved. Approved in writing by the commissioner of water supply, gas and electricity. 3. B. & S. gauge. Brown and Sharpe gauge for wire: 4. Building. Any edifice, structure or enclosure, whether roofed or unroofed. 5. Certificate of inspection. The certificate of the commissioner that the installation, alteration or repair of electric wiring or appli- ances for light, heat or power in a building has been inspected, and is approved by the department, either temporarily or finally. 6. Extra-high potential system; any circuit attached to any machine 18S CODE OF ORDINANCBS OP THE CITY OF NEW YORK or combination of machines which develops a difference of potential between any two wires, of over 3,500 volts, shall be considered as an extra-high potential circuit, and as coming under that class, unless an approved transforming device is used, which cuts the difference of potential down to 3,500 volts or less. 7. High-potential system. Any circuit attached to any machine or combination of machines which develops a difference of potential between any two wires, of over 550 volts and less than 3,500 volts, unless an approved transforming device is used, which cuts the difference of potential down to 550 volts or less; for 550 volt motor equipments a margin of 10 per cent, above the 550 volt limit will be allowed at the generator or transformer without coming under high-potential systems. 8. License. The authorization of the commissioner for a person to engage generally in the business of installing, altering or repairing electric wiring or appliances for light, heat or power in buildings. 9. Low potential system. Any circuit attached to any transform- ing device, machine, or combination of machines, which develops a difference of potential between any 2 wires, of not over 550 volts; the primary circuit not to exceed a potential of 3,500 volts unless the primary wires are installed in accordance with approved standards for pole-line construction, or are underground; for 550 volt motor equipments a margin of 10 per cent, above the 550 volt limit will be allowed at the generator or transformer. (Amend. App. Aug. 8, 1916.) 10. Signalling system. Wiring for telephone, telegraph (except wireless telegraph apparatus) district messenger and call bell circuits, fire and burglar alarms, and- all similar systems which are hazardous only because of their liability to become crossed with electric light, heat or power circuits. 11. Special license. The authorization of the commissioner for a person in the exclusive employ of the owner or manager of a build- ing to install, alter or repair electric wiring or appliances for light, heat or power therein during the. term of such special license. 12. Special permit. The authorization of the commissioner for a person to install or repair electric wiring or appliances for light, heat or power upon an individual application. 2. Jurisdiction. Powers and duties of the commissioner. The com- missioner of water supply, gas and electricity is empowered to 1. Make rules and regulations respecting the installing, altering or repairing of electric wiring or appliances for light, heat or power in or upon any building; 2. Cause any electric wiring or appliance for light, heat or power in or upon any building to be examined and inspected by an officer or employee of the department designated for that purpose; 3. Order in writing the remedying of any defect or deficiency in the installing, altering or repairing of electric wiring or appliances for light, heat or power, in or upon any building. 4. Cause any order of the commissioner which is not complied with, within the time fixed in such order for compliance therewith, to be enforced and to take proceedings for its enforcement. 3. Federal buildings. Nothing in this chapter shall be construed to apply to any building, the electrical equipment of which is under ELECTRICAL CONTROL 189 the control of the United States Government or of any department or officer thereof. 4. City departments. The various departments, boards and cers of the city shall be subject to the provisions of this chapter in so far as the same may be applicable, but shall not be required to pay fees; provided, that nothing in this chapter shall be so construed as to affect or in any way modify the provisions of 7, article 1 of chapter 9 of this code or of chapter 458 of the laws of 1912. 5. Public service electric corporations. The provisions of this chapter shall not apply 1. To electrical equipment used in connection with railroads. 2. To the following described electrical equipment used in con- nection with lighting and power companies: (a) generating stations, (b) substations, (c) storage battery stations, (d) storage buildings and yards and (e) service switches and controlling devices and meters and their attached controlling and testing devices; provided, that the electrical equipment hereinabove referred to be owned or leased and operated by, or for the exclusive benefit of, persons or corpora- tions subject to the jurisdiction of either of the public service com- missions of the State of New York, or their successors. 6. Installations, alterations or repairs of wiring or appliances. 1. Generally. No person shall install, alter or repair electric wiring or appliances for light, heat or power in any building except a person holding a license, a special license or a special permit as defined in 1 of this chapter, or a person employed by and working under the general supervision of the holder of a license, a special license or a special permit, and after application for a certificate of inspection of such installa- tion, alteration or repair. A license or a special license shall remain in force for 1 year from the* date of issue, and a special permit shall remain in force during the performance of the work which it au- thorizes, unless modified, suspended or revoked as hereinafter pro- vided; but in no case shall a special permit remain in force for more than 1 year. 2. Modification, suspension or revocation of special permits and licenses. The commissioner may at any time by an order in writing, for good cause shown, modify, suspend or revoke any special permit issued pursuant to this chapter, and in like manner, but upon rec- ommendation of the license board, he may modify, suspend or revoke any license similarly issued. 7. Applications. All applications for licenses, special licenses, special permits or certificates of inspection shall be made to the com- missioner, in such form and detail as he may from time to time prescribe. A license, special license or special permit shall not be transferable. 8. License board. 1. Organization. The commissioner shall appoint a board to determine the fitness of applicants for licenses, which shall consist of: a. An officer or employee of the department; b. A master or employing electrician; c. A journeyman electrician; d. An underwriters' electrical inspector; e. An electrician in the employ of a public service corporation of the city; 190 CODE OF ORDINANCES OF THE CITY OF NEW YORK f . An architect or builder of at least five years' practical experience; g. A real estate owner or broker. The member of the board who is an officer or employee of the de- partment shall serve as chairman, and all members shall serve with- out compensation. Four members, including the chairman, who shall be entitled to vote, shall constitute a quorum of the board for the transaction of business; but no recommendation for the issue, modification, suspension or revocation of a license shall be adopted except by the vote of four members of the board. 2. Jurisdiction. All applications for licenses or special licenses shall be referred by the commissioner to the board, which shall promptly investigate and report to the commissioner as to the fitness for license of the respective applicants. The board shall meet at least once in every week for the consideration of such applications. The board shall investigate and report to the commissioner respecting any charge that may be made against the holder of a license or a special license. 9. Fees. There shall be charged and collected by the commis- sioner a fee of $10 for each license issued under the provisions of this chapter and thereafter an annual fee of $5 for each renewal of such license and a fee of $1 for each special license or special permit so issued. 10. Inspection. The commissioner or any duly authorized officer or employee of the department of water supply, gas and electricity may enter or go upon, at any reasonable hour, any build- ing in or upon which are wires or other apparatus for electric currents for light, heat or power, to make inspection of such wires or other appliances or for any other purpose in furtherance of the provisions of this chapter. 11. Certificate of inspection. 1. Issue. If, after inspection, the electric wiring or appliances for light, heat or power in a building shall be found by the commissioner to have been installed, altered or repaired in conformity with the requirements of this chapter, he shall issue a temporary or final certificate of inspection therefor. 2. Modification, suspension or revocation. The commissioner may at any time by an order in writing, for good cause shown, modify, suspend or revoke any certificate of inspection issued pursuant to this chapter, but no such order shall be effective unless same shall state specifically the reason therefor, nor until a copy of such order has been served upon the owner, lessee or occupant of the premises affected thereby; or, if the owner, lessee or occupant cannot be ascertained or located by the exercise of reasonable diligence, a copy of such notice shall have been conspicuously posted upon the prem- ises. 12. Supplying current. No person shall supply electric current for light, heat or power to any wiring or appliances in any building until a certificate of inspection, temporary or final, authorizing the use of said wiring or appliances shall have been issued by the com- missioner. 13. Discontinuing current. If, in the judgment of the commis- sioner, after due inspection, the electric wiring or appliances in any building, shall be unsafe or dangerous to persons or property, the commissioner shall have power to cause such wires or appliances to ELECTRICAL CONTROL 191 be disconnected from the supplying wires or apparatus and to seal the wiring and appliances so disconnected. Thereafter no person shall cause or permit electric current to be supplied to wiring or appliances so sealed until the same shall have been made safe and the commissioner shall have issued a certificate to that effect; provided, however, that no wiring or appliances shall be disconnected pursuant to this section until a notice in writing, stating specifically the reason why such wiring or appliances must be disconnected, shall have been served upon the owner, lessee or occupant of the premises affected thereby, or conspicuously posted in or upon said premises, and a duplicate thereof shall have been delivered to the person supplying the current to such wiring or appliances. ARTICLE 2 GENERATORS, MOTORS, SWITCHBOARDS (As amended by ord. effective May 29, 1916) Sec. 201. Generators. 202. Conductors from generators to switchboards, rheostats or other instruments and thence to outside lines. 203. Switchboards. 204. Resistance devices. 205. Lightning arresters. 206. Care and attendance. 207. Testing of insulation resistance. 208. Motors. 209. Railway power plants. 210. Storage or primary batteries. 211. Transformers. Sec. 201. Generators. a. Generators must be located in a dry place. b. Generators must never be placed in a room where any hazardous process is carried on, nor in places where they would be exposed to inflammable gases or flyings of combustible materials. c. Generators must, when operating at a potential in excess of 550 volts, have their base frames permanently and effectively grounded. Generators must, when operating at a potential of 550 volts or less, have their base frames permanently and effectively grounded wherever feasible. Where grounding of the frame is impracticable, special permission for its omission may be given in writing, in which case the frame must be permanently and effectively insulated. Wooden base frames used for this purpose, and wooden floors which are depended upon for insulation where, for any reason, it is neces- sary to omit the base frames, must be kept filled to prevent absorp- tion of moisture, and must be kept clean and dry. d. Constant potential generators, except alternating current machines and their exciters, must be protected from excessive current by safety fuses or equivalent devices of approved design. 192 CODE OF ORDINANCES OP THE CITY OP NEW YORK For two-wire D. C. generators, single-pole protection will be con- sidered as satisfying the above rule, provided the safety device is so located and connected that the means for opening same is actuated by the entire generator current, and the action thereof will com- pletely open the generator circuit. For three-wire direct-current generators compound or shunt wound, a safety device must be placed in each armature lead, and so connected as to receive the entire current from the armature. Fuses will not be acceptable. The safety device must consist of either: (1) a double pole, double coil, overload circuit breaker, or (2) a four- pole circuit breaker connected in the main and equalizer leads, and tripped by means of two overload devices, one in each armature lead. The safety devices above required must be so interlocked that no one pole can be opened without simultaneously disconnecting both sides of the armature from the system. e. Generators must each be provided with a name-plate, giving the maker's name, the capacity in volts and amperes, and the normal speed in revolutions per minute. f. Terminal blocks when used on generators must be made of approved non-combustible, non-absorptive, insulating material, such as slate, marble or porcelain. g. The use of soft rubber bushings to protect the lead wires com- ing through the frames of generators is permitted, except when in- stalled where oils, grease, oily vapors or other substances known to have rapid deleterious effect on rubber are present in such quantities and in such proximity to the generator as may cause such bushings to be liable to rapid destruction. In such cases hard wood, properly filled, or preferably porcelain or micanite bushings must be used. 202. Conductors from generators to switchboards, rheostats or other instruments, and thence to outside lines. a. Conductors must be in plain sight or readily accessible. Wires from generator to switch- board may, however, be placed in a run-way in the brick or cement pier on which the generator stands. When protection against mois- ture is necessary, cable with grounded lead sheath or grounded con- duit must be used. b. Conductors must have an approved insulating covering as called for in article 4 of this chapter for similar work, except that in central stations, on exposed circuits, the wire which is used must have a heavy braided, non-combustible outer covering. Conductors used as bus bars may oe made of bare metal. Wires with inflammable outer braiding, when brought close together, as in the rear of switch- boards, must, when required, be each surrounded with a tight, non- combustible outer cover. Flame proofing must be stripped back on all cables a sufficient amount to give the necessary insulation dis- tances for the voltage of the circuit on which the cable is used. c. Conductors, must, where not in a conduit, be kept so rigidly in place that they cannot come in contact. d. Conductors must in all other respects be installed, with the same precautions as required in article 4 of this chapter for wires carrying a current of the same volume and potential. e. In wiring switchboards, the ground detector, voltmeter, pilot lights and potential transformers must be connected to a circuit of ELECTRICAL CONTROL 193 not less than No. 14 B. & S. gage wire that is protected by approved fuses. This circuit is not to carry over 660 watts. For the protection of instruments and pilot lights and switch- boards, approved N. E. Code standard enclosed fuses are preferred, hut approved enclosed fuses of other designs of not over two (2) am- peres capacity may be used. 203. Switchboards. -a. Switchboards must be so placed as to reduce to a minimum the danger of communicating fire to adjacent combustible material. Switchboards must not be built up to the ceiling, a space of three feet being left, if possible, between the ceiling and the board. The space back of the board must be kept clear of rubbish and must not be used for storage purposes. b. Switchboards must be made of non-combustible material. c. Switchboards must be accessible from all sides when the con- nections are on the back, but may be placed against a brick or stone wall when the wiring is entirely on the face. If the wiring is on the back, there must be a clear space of at least eighteen inches between the wall and the apparatus on the board, and even if the wiring is entirely on the face, it is much better to have the board set out from the wall. d. Switchboards must be kept free from moisture. e. Wires with inflammable outer braiding, when brought close together, as in the rear of switchboards, must, when required, be each surrounded with a tight, non-combustible outer cover. Flame proofing must be stripped back on all cables a sufficient amount to give the necessary insulation distances for the voltage of the circuit on which the cable is used. 204. Resistance devices. a. Resistance devices must be placed on a switchboard, or at a distance of at least one foot from combus- tible material, or separated therefrom by a slab or panel of non- combustible, non-absorptive insulating material such as slate, soap- stone or marble, somewhat larger than the rheostat, which must be secured in position independently of the rheostat supports. Bolts for supporting the rheostat shall be countersunk at least 1-8 inch below the surface at the back of the slab and the bolt heads shall be covered with insulating material. For proper mechanical strength, slab should be of a thickness consistent with the size and weight of the rheostat, but in no case less than >2 inch. If resistance devices are installed in rooms where dust or combus- tible flyings are liable to accumulate on them, they must be equipped with dust-proof face-plates. b. Where protective resistances are necessary in connection with automatic rheostats, incandescent lamps may be used, provided that they do not carry or control the main current nor constitute the regulating resistance of the device. When so used, lamps must be mounted in porcelain receptacles upon non-combustible supports, and must be so arranged that they cannot have impressed upon them a voltage greater than that for which they are rated. They must in all cases be provided with a name-plate, which shall be permanently attached beside the porce- lain receptacle or receptacles and stamped with the wattage and vol- tage of the lamp or lamps to be used in each receptacle. 194 CODE OF ORDINANCES OF THE CITY OF NEW YORK Under special authorization in writing, given in advance, incan- descent lamps may be used for the purpose of resistances in series with other devices when mounted in porcelain receptacles upon non- combustible supports and so arranged that they cannot have im- pressed upon them a voltage greater than that for which they are rated. c. Wherever insulated wire is used for connections between re- sistance elements and the contact device of a rheostat, the insulation must be of approved slow-burning or other heat-resisting type. For large rheostats and similar resistances, where the contact devices are not mounted upon them, the connecting wires having slow burn- ing insulation may be so arranged in groups that the maximum dif- ference of potential between any two wires in a group shall not exceed 75 volts. Each group of wires must either be mounted on non-combustible, non-absorptive insulators giving at least 1 A inch separation from surface wired over, or, especially where it is necessary to protect same from mechanical injury, each group of wires may be encased in approved flexible tubing and placed in approved conduit, the flexible tubing to extend at least 1 inch beyond the ends of the conduit. 205. Lightning arresters. a. Lightning arresters must be attached to each wire of every overhead circuit connected with the station. b. Lightning arresters must be located in readily accessible places away from combustible materials, and as near as practicable to the point where the wires enter the building. In all cases, kinks, coils and sharp bends in the wires between the arresters and the outdoor lines must be avoided as far as possible. c. Lightning arresters must be connected with a thoroughly good and permanent ground connection by metallic strips or wires having a conductivity not less than that of a No. 6 B. & S. gage copper wire, which must be run as nearly in a straight line as possible from the arresters to the ground connection. Ground wires for lightning arresters must not be attached to gas pipes within the buildings nor be run inside of iron pipes, unless electrically and mechanically attached to both ends of the pipe. d. All choke coils or other attachments, inherent to the lightning protection equipment, shall have an insulation from the ground or other conductors equal at least to the insulation demanded at other points of the circuit in the station. 206. Care and attendance. a. A competent man must be kept on duty where generators are operating. b. Oily waste must be kept in approved waste cans and removed daily. 207. Testing of insulation resistance. a. All circuits except such as are permanently grounded in accordance with 315 of this chapter must be provided with reliable ground detectors. Detectors which indicate continuously and give an instant and permanent indication of a ground are preferable. Ground wires from detectors must not be attached to gas pipes within the building. b. Where continuously indicating detectors are not feasible the circuits should be tested at least once per day, and preferably oftener. 208. Motors. a. Motors must, when operating at a potential in excess of 550 volts, have no exposed live metal parts, and must have their base frames permanently and effectively grounded. ELECTRICAL CONTROL 195 Motors operating at a potential of 550 volts or less must have their base frames permanently and effectively grounded wherever feasible. Where grounding of the frame is impracticable, special permission for its omission may be given in writing, in which case the frame must be permanently and effectively insulated. Wooden base frames used for this purpose, and wooden floors, which are depended upon for insulation where, for any reason, it is necessary to omit the base frames, must be kept filled to prevent absorption of moisture, and must be kept clean and dry. b. Motors operating at a potential of 550 volts or less must be wired with the same precautions as required by article 4 of this chapter, for wires carrying a current of the same volume. Motors operating at a potential between 550 and 3,500 volts must, except in central or sub-stations, be wired with approved multiple conductor, metal sheathed cable in approved metal conduit. All apparatus and wiring connected to the high tension circuit must be completely enclosed in substantial grounded metal shields or casings, and the conduit must enter and be properly secured to such casings or to suitable terminal boxes screwed or bolted to the casings. The insulation of the several conductors for high-potential motors, where leaving the metal sheath of cables, must be thoroughly pro- tected from moisture and mechanical injury. This may be accom- plished by means of a pot head or some equivalent method. The con- duit must be substantially bonded to the metal casings of all fittings and apparatus connected to the inside high-tension circuit. Where outside wires directly enter the motor room, special permis- sion, in writing, must be obtained to install the wires for high-potential motors according to the general rules for high-potential systems. Conductors carrying the current of only one motor must be de- signed to carry a current at least 25 per cent, greater than that for which the motor is rated. Where the wires under this rule would be overfused in order to provide for the starting current, as in the case of many of the alternating current motors, the conductors must be of such size as to be properly protected by these larger fuses. The current used in determining the size of the conductor carry- ing the current of only one varying (or variable) speed motor must be the percentage of the 30-minute current rating of the motor as given for the several classifications of service in the following table: Percentage of current Classification of services rating of motor Operating valves, raising or lowering rolls 200 Rolling tables 180 Hoists, rolls, ore and coal-handling machines 150 Freight and passenger elevators, shop cranes, tool heads, pumps, etc 120 c. Each motor with its starting device must be protected, by a cut-out and controlled by a switch (see 419a of this chapter), 196 CODE OF ORDINANCES OF THE CITY OF NEW YORK said switch plainly indicating whether "on" or "off" (except as provided for electric cranes, see 443c of this chapter). Small motors may be grouped under the protection of a single set of fuses, provided the rated capacity of the fuses does not exceed 10 amperes, and the total wattage of the circuit does not exceed 660. With motors of % horse power or less, on circuits where the voltage does not exceed 300, single pole switches may be used as allowed in 424c of this chapter. The switch and rheostat must be located within sight of the motor, except in cases where special permission to locate them elsewhere is given in writing. Where the circuit-breaking attachment on the motor-starting device disconnects all wires of the circuit, the switch called for in this section may be omitted. Overload-release attachments on motor-starting rheostats will not be considered to take the place of the cut-out required by this section. An automatic circuit-breaker disconnecting all wires of the circuit may serve as both switch and cut-out. Where a rubber-covered conductor carries the current of only one A. C. motor of a type requiring large starting current it may be pro- tected by a fuse or an automatic circuit breaker without time limit device, rated in accordance with Table B of 418 of this chapter. The rated continuous current capacity of a time limit circuit breaker protecting a motor of the above type need not be greater than 125 per cent, of the motor current rating, providing the time limit device is capable of preventing the breaker opening during the starting period. d. Rheostats must be so installed as to comply with all the re- quirements of 204 of this chapter. Auto starters must comply with requirements of 204c of this chapter. Auto starters, unless equipped with tight casings enclosing all current-carrying parts, in all wet, dusty or linty places, must be enclosed in approved cut-out boxes or cabinets. Where there is any liability of short circuits across their exposed live parts due to accidental contacts, a railing must be erected around them. e. Motors must not be run in series-multiple or multiple series, except on constant-potential systems, and then only by special permission. f. Motors must be covered with a waterproof cover when not in use, and, if deemed necessary, must be enclosed in approved Such enclosures must be readily accessible, dust-proof and suf- ficiently ventilated to prevent an excessive rise of temperature. Where practicable the sides should be made largely of glass, so that the motor may be always plainly visible. The use of enclosed type motors is recommended in dusty places, being preferable to wooden boxing. Where deemed necessary, motors permanently located on wooden floors must be provided with suitable drip pans. h. Motors must each be provided with a name-plate, giving the maker's name, the capacity in volts and amperes (or watts), and the normal speed in revolutions per minute. All varying (or variable) speed motors except those used for rail- ELECTRICAL CONTROL 197 way service must be marked with the maximum current which they can safely carry for 30 minutes, starting cold. i. Terminal blocks, when used on motors, must be made of ap- proved non-combustible, non-absorptive insulating material, sucn as elate, marble or porcelain. j. Adjustable-speed motors, unless of special and appropriate design, if controlled by means of field regulation, must be so ar- ranged and connected that they cannot be started under weakened field. k. The use of soft rubber bushings to protect the lead wires com- ing through the frame of motors is permitted, except when installed where oils, grease, oily vapors or other substances known to have rapid deleterious effect on rubber are present in such quantities and in such proximity to motors as may cause such bushings to be liable to rapid destruction. In such cases hardwood properly filled, or preferably porcelain or micanite bushings, must be used. 209. Railway power plants. a. Each feed wire before it leaves the power plant must be protected by an approved automatic cir- cuit-breaker, or other device, which will immediately cut off the current in case of an accidental ground. This device must be mounted on a fireproof base, and in full view and reach of the attendant. 210. Storage or primary batteries. a. When current for light and power is taken from primary or secondary batteries, the same general regulations must be observed as apply to similar apparatus fed from generators developing the same difference of potential. b. Storage battery rooms must be thoroughly ventilated. c. Special attention is directed to the rules for wiring in rooms where acid fumes exist (see 426, i, j, of this chapter). d. All secondary batteries must be mounted on non-absorptive, non-combustible insulators, such as glass or thoroughly vitrified and glazed porcelain. e. The use of any metal liable to corrosion must be avoided in cell connections of secondary batteries. 211. Transformers. a. In central or sub-stations the trans- formers must be so placed that smoke from the burning out of the coils or the boiling over of the oil (where oil-filled cases are used) can do no harm. b. In central or sub-stations casings of all transformers must be permanently and effectively grounded. The cases or frames of transformers used exclusively to supply current to switchboard instruments must be grounded, unless they are installed and guarded in all respects as required for the higher voltage circuit connected to them. ARTICLE 3 OUTSIDE WORK (As amended by ord. effective May 29, 1916) Sec. 312. Wires on outside of buildings. 313. Services. 198 CODE OF ORDINANCES OF THE CITY OF NEW YORK 314. Transformers. 315. Grounding low potential circuits. Sec. 312. Wires on outside of buildings. a. This article shall not apply to conductors on highways. b. Wires must, for services of No. 6 B. & S. gauge or smaller, con- sist of approved rubber covered multiple conductor cable and must enter the building in the manner prescribed by the second paragraph of 312f of this chapter. At the first point of attachment to building frame multiple conductor cables must either be secured to strain insulators spaced not less than one foot from any adjacent woodwork and in turn secured to petticoat or strain insulators or the conductor must be separately attached to petticoat insulators spaced not less than 6 inches apart. If necessary to carry the service cable upon the face of the building before entering, it may be extended in flex- ible metal conduit, or a waterproof conduit system must be em- ployed. c. Wires must be at least 8 feet above the highest point of roofa over which they pass or to which they are attached and roof struc- tures must be substantially constructed. Wherever feasible, wires crossing buildings must be supported on poles independent of the buildings. Roof lines will be permitted only under special authori- zation in writing. d. Wires extended on the exterior walls of buildings must have a rubber insulating covering, and, if not protected by fuses, must be kept at least 1 foot apart and supported on petticoat insulators of glass or porcelain placed not more than 15 feet apart, the distance between supports to be shortened if wires are liable to be dis- turbed. e. Wires must be so spliced or joined as to be both mechanically and electrically secure without solder. The joints must then be soldered, to insure preservation, and covered with an insulation equal to that on the conductors. All joints must be soldered unless made with some form of ap- proved splicing device. f . Wires must, where they enter buildings, have drip loops out- side, and the holes through which the conductors pass must be bushed with non-combustible, non-absorptive insulating tubes, slanting upward toward the inside; or the service wires may be brought into buildings through a single iron conduit, in which case the conduit shall be equipped with an approved service-head. The inner end must extend to the service cut-out, and if a cabinet is required by this chapter must properly enter the cabinet. Metal conduits, containing service wires must be insulated from the metal conduit, metal moulding, or armored cable system within the building and all metal work on or in the building or they must have the metal of the conduit permanently and effectually grounded to water piping, gas piping or other suitable grounds, provided that when connections are made to gas piping, they must on the street side of the meter. This ground connection to be independent of and in addition to any other ground wire on metal conduit, metal moulding or armored cable systems within the building. ELECTRICAL CONTROL 199 313. Services. a. Each building shall be supplied by a separate service. b. Where a row of separate buildings is to receive its supply from an overhead main, one service cable shall be run from the pole to the row, and from the first attachment to the building sub-services or a service main shall extend in conduit along the face of the row. One service cable shall supply not more than five buildings, except under special permission in writing, given in advance. The same plan of sub-services may be employed in connection with underground services, under the same restrictions. 314. Transformers. a. Transformers must not be attached to any building when the potential exceeds 550 volts, except by special permission and when attached to buildings must be separated there- from by substantial supports. 315. Grounding low potential circuits. a. Direct-current three- wire systems. Neutral wire must (except where supplied from pri- vate industrial power or lighting plants where the voltage does not exceed 550 volts) be grounded and the following rules must be com- plied with: 1 . The neutral wire must be permanently and effectively grounded at the central station. The ground connection must include all available underground complete metallic piping systems. 2. In underground systems the neutral wire must also be grounded at each distributing box through the box or on the individual service as provided in paragraphs c to g, inclusive, of this section. 3. In overhead systems the neutral wire must be grounded every 500 foot, as provided in paragraphs c to g of this section. b. Alternating-current secondary systems. Transformer secon- daries of distributing systems (except where supplied from private industrial power or lighting plants where the primary voltage does not exceed 550 volts) must oe grounded, provided the maximum dif- ference of potential between the grounded point and any other point in the circuit does not exceed 320 volts. The following rules must be complied with: 1. The grounding must be made at the neutral point or wire, when- ever a neutral point or wire is accessible. 2. When no neutral point or wire is accessible, one side of the sec- ondary circuit must be grounded. 3. The ground connection must be at the transformers or on the individual service, as provided in paragraphs c to g of this section, and when transformers feed systems with a neutral wire, the neutral wire must also be grounded at least every 500 feet. c. Ground wire, in buildings. When the ground connection is inside of any building, or the ground wire is inside of or at- tached to any building (except central or sub-stations) the ground wire must be of copper and have an approved rubber insulat- ing covering, National Electrical Code Standard, for from to 600 volts. d. Ground wire, sizes. The ground wire in direct-current three- wire systems must not at central stations be smaller than the noutral wire and not smaller than No. 6 B. & S. gage elsewhere. The ground wire in alternating current systems must never be less than No. (5 B. & S. gage. 200 CODE OF ORDINANCES OF THE CITY OF NEW YORK On three-phase systems the ground wire must have a carrying capacity equal to that of any one of the three mains. e. Ground wire, installation. The ground wire must, except for central stations and transformer sub-stations, be kept outside of buildings as far as practicable, but may be directly attached to the building or pole by cleats or straps or on porcelain knobs. Staples must never be used. The wire must be carried in as nearly a straight line as practicable, avoiding kinks, coils and sharp bends, and must be protected when exposed to mechanical injury. f . Ground connections, central stations. The ground connections for central stations, transformer sub-stations, and banks of trans- formers must be permanent and effective and must include all avail- able underground piping systems, including the lead sheaths of un- derground cables. g. Ground connections, generally. For individual transformers and building services the ground connection may be made as in paragraph f of this section, or may be made to water piping systems running into buildings. With overhead service, this connection may be made by carrying the ground wire into the cellar and connecting on the street side of meters, main cocks, etc. Where the service enters the cellar or basement, this connection may be made by carrying the ground wire through the cellar or base- ment and connecting as above. Where the ground wire is run through any part of a building, unless run in approved conduit, it shall be protected by porcelain bushings through walls or partitions and shall be run in approved moulding, except that in basements it may be supported on porce- lain. Connections should not be made to piping systems which have cement joints, but should only be made to complete metallic pipe systems. ARTICLE 4 INSIDE WORK (As amended by &rd. effective May 29, 1916) Sec. 416. Wires, general. 417. Underground conductors. 418. Table of allowable carrying capacities of wires. 419. Switches, cut-outs, circuit-breakers. 420. Limitation of potential. 421. Arc lamps. 423. Automatic cut-outs (fuses and circuit-breakers). 424. Switches. 425. Electric heaters. 426. Wires, low potential systems. 427. Armored cables. 428. Interior conduits. 429. Metal mouldings. ELECTRICAL CONTROL 201 JO. Fixtures. 51. Sockets. 52. Flexible cord. 53. Arc lamps on constant-potential circuits. 54. Vapor lamps. 55. Gas-filled incandescent lamps. 56. Transformers, low potential. 57. Decorative lighting systems. 58. Theatre and moving-picture establishment wiring. 59. Outline lighting. U. Lighting and power from railway wires. 12. Garages. 13. Electric cranes. 14. Wires, high potential systems. 15. Transformers, high potential. 447. Wires, extra-high potential. Sec. 416. Wires, general. a. Wires must not be of smaller size than No. 14 B. & S. gage, except as allowed for fixture work and pendant cord. b. Conductors of size No. 8 B. & S. gage or over used in connection with solid knobs must be securely tiecT thereto. If wires are used for tying they must have an insulation of the same type as the conduc- tors they confine. Split knobs or cleats must be used for the support of conductors smaller than No. 8 B. & S. gage. Knobs or cleats which are arranged to grip the wire must be fastened by either screws or nails. If nails are used, they must be long enough to penetrate the woodwork not less than % the length of the knob and fully the thickness of the cleat, and must be pro- vided with washers which will prevent, under reasonable usage, injury to the knobs or cleats. c. Wires must be so spliced or joined as to be both mechanic- ally and electrically secure without solder. The joints must then be soldered unless made with some form of approved splicing de- vice, and covered with an insulation equal to that on the con- ductors. Stranded wires (except in flexible cords) must be soldered before being fastened under clamps or binding screws, and whether stranded or solid, when they have a conductivity greater than that of No. 8 B. & S. gage they must be soldered into lugs for all terminal connec- tions, except where an approved solderless terminal connector is used. d. Wires must be separated from contact with walls, floors, timbers or partitions through which they may pass by non-combustible, non-absorptive insulating tubes, such as glass or porcelain, except at outlets where approved flexible tubing is required. Bushings must be long enough to bush the entire length of the hole in one continuous piece, or else the hole must first be bushed by a continuous waterproof tube. This tube may be a conductor, such as iron pipe, but in that case an insulating bushing must be pushed into each end of it, extending far enough to keep the wire absolutely out of contact with the pipe. e. Where not enclosed in approved conduit, moulding or armored 202 CODE OP ORDINANCES OP THE CITY OP NEW YORK cable, and where liable to come in contact with gas, water or other metallic piping or other conducting material, wires must be separated therefrom by some continuous and firmly fixed non-conductor creat- ing a permanent separation. Must not come nearer than 2 inches to any other electric lighting, power or signaling wire, not en- closed as above, without being permanently separated therefrom by some continuous and firmly fixed non-conductor. The non- conductor used as a separator must be in addition to the regular insulation on the wires. Where tubes are used they must be se- curely fastened at the ends to prevent them from moving along the wire. Deviations from this rule may, when necessary, be allowed by special permission. f . Wires must be so placed ip. wet places that an air space will be left between conductors and pipes in crossing, and the former must be run in such a way that they cannot come in contact with the pipe accidentally. Wires should be run over, rather than under, pipes upon which moisture is likely to gather or which, by leaking, might cause trouble on a circuit. g. The installation of electrical conductors in moulding, or on insulators, in elevator shafts will not be approved, but conductors may be installed in such shafts if encased in approved metal conduits or armored cables. h. In three wire (not three-phase) systems, the neutral must be of sufficient capacity to carry the maximum current to which it may be subjected. 417. Underground conductors. a. Underground conductors must be protected against moisture and mechanical injury where brought into' a building, and all combustible material must be kept from the immediate vicinity. b. Underground conductors must not be so arranged as to shunt the current through a building around any catch-box. c. Where underground service enters building through tubes, the tubes shall be tightly closed at outlets with asphaltum or other non- conductor, to prevent gases from entering the building through such channels. d. No underground service from a subway to a building and no service from a private generating plant shall supply more than one building, except by special permission, unless the conductors are Eroperly protected by fuses and are carried outside all the buildings ut the one served. Where one or more buildings are supplied from another, the conductors are to be carried outside the buildings. Conductors carried under 2 inches of concrete under a building or buried back of 2 inches of concrete or brick within a wall are con- sidered as lying outside the building. These requirements do not apply to factory yards and factory buildings under single occupancy or management. 418. Table of allowable carrying capacities of wires. a. The following table, showing the allowable carrying capacities of copper wires and cables of 98 per cent, conductivity, according to the stand- ard adopted by the American Institute of Electrical Engineers, must be followed in placing interior conductors. For insulated aluminum wire the safe carrying capacity is 84 per ELECTRICAL CONTROL 203 cent, of that given in the following table for copper wire with the same kind of insulation. B. &S. Gage Number Diameter of Solid Wire in Mils Table A. Table B. Area in Rubber Other Circular Insula- Insula- Mils tion tion Amperes Amperes 18 40.3 1,624 3 5 16 50.8 2,583 6 10 14 . 64.1 4,107 15 20 12 80.8 6.530 20 25 10 101 9 10,380 25 30 8 128 5 16,510 35 50 6 162 26,250 50 70 5 . 181.9 33,100 55 80 4 . 204.3 41,740 70 90 3 . 229.4 52,630 80 100 2 257 . 6 66,370 90 125 1 289 3 83,690 100 150 325 105,500 125 200 00 364 8 133,100 150 225 000 . 409.6 167,800 175 275 200,000 200 300 0000 460 211 600 225 325 300,000 275 400 400,000 325 500 500,000 400 600 600,000 450 680 700,000 500 760 800,000 550 840 900,000 600 920 ,000,000 650 1,000 ,100,000 690 1,080 ,200,000 730 1,150 ,300,000 770 1,220 ,400,000 810 1,290 ,500,000 850 1,360 ,600,000 890 1,430 ,700,000 930 1,490 1,800,000 970 1,550 1,900,000 1,010 1,610 2,000,000 1,050 1,670 1 Mil. = 0.001 inch. 419. Switches, cut-outs, circuit-breakers, etc. a. On constant- potential circuits, all service switches and all switches controlling circuits supplying current to motors or heating devices, and all fuses, unless otherwise provided (for exceptions as to switches see 208c, 425a and 443c of this chapter; for exceptions as to cut-outs see 423. a b of this chapter) must be so arranged that the fuses will protect and 204 CODE OF ORDINANCES OP THE CITY OF NEW YORK the opening of the switch will disconnect all of the wires; that is, in the two-wire system the two wires, and in the three-wire system the three wires, must be protected by the fuses and disconnected by the operation of the switch. When installed without other automatic overload protective devices automatic overload circuit breakers must have the poles and trip coils so arranged as to afford complete protection against over- loads and short circuits. In two or three phase three-wire circuits, and two-phase four-wire circuits there must be a trip-coil in each of two phases, and in four-wire three-phase circuits there must be a trip-coil in each phase. If a circuit breaker is used in place of the switch it must be so arranged that no one pole can be opened man- ually without disconnecting all the wires. This, of course, does not apply to the grounded circuit of street railway systems. b. Switches, cut-outs and circuit-breakers must, when placed where exposed to mechanical injury or in the immediate vicinity of easily ignitible stuff or where exposed to inflammable gases or dust, or flyings of combustible material, be mounted in approved cut-out boxes or cabinets, except oil switches, circuit breakers and similar devices which have approved casings. Cabinets and cut-out boxes must be of metal when used with metal conduit, armored cable or metal moulding systems. In rooms where inflammable gases may exist, particularly in rooms or compartments containing mixing tanks used for the man- ufacture of inflammable mixtures, in rooms containing wash tanks and in dyeing room of dry cleaning and dry dyeing establishments; in rooms, vaults or compartments used for the storage of inflam- mable motion-picture films or other nitro-cellulose products, and in cellars or basements used for storage of drugs, all devices which produce or create sparks or arcs must be placed in approved vapor- proof enclosures. c. Switches, cut-outs and circuit-breakers must, when located where exposed to moisture as in basements and similar places, be mounted in approved cut-out boxes or cabinets, and when located in wet places or outside of buildings must be mounted in approved weatherproof cut-out boxes or cabinets. d. Time switches, sign flashers and similar appliances must be of approved design and enclosed in approved cabinets, except sign flashers mounted as described in 583b of this chapter. e. Switches, cut-outs and circuit-breakers must have the spacing within cabinets or cut-out boxes between the walls of the cabinet or cut-out box and current-carrying parts of devices as specified in 570 of this chapter. 420. Limitation of potential. The installation in any building, except a central station, or a sub-station, or a transformer vault, of electric light or power wiring or appliances operating at a potential in excess of 750 volts is prohibited. 421. Arc lamps. Arc lamps must be provided at all times with glass globes surrounding the arc and securely fastened in place. Broken or cracked globes must not be used. Globes must be pro- vided with wire netting having a mesh not exceeding \}/i inches. The netting may be omitted where tight inner globes are employed. ELECTRICAL CONTROL 205 J423. Automatic cut-outs (fuses and circuit-breakers). a. Au- tomatic cut-outs must be placed on all service wires, either overhead or underground, in the nearest accessible place to the point where they enter the building and inside the walls, and arranged to cut off the entire current from the building. Departure from this rule may be authorized only under special permission in writing. Where the switch required by 424a of this chapter is inside the building, the cut-out required by this section must be placed so as to protect it, unless the switch is of the knife-blade type and is enclosed in an approved box or cabinet, under which conditions the switch may be placed between the source of the supply and the cut- out. Automatic cut-outs must not be placed in any permanently grounded service wire. In risks having private plants, the yard wires running from build- ing to building are not considered as service wires, so that cut-outs would not be required where the wires enter buildings, provided that the next fuse back is small enough to properly protect the wires in- side the building in question. b. Automatic cut-outs must be placed at every point where a change is made in the size of wire, unless the cut-out in the larger wire will protect the smaller (see 418 of this chapter) . This require- ment shall not apply to fixture wires and flexible cords connected to branch circuits. Automatic cut-outs must not be placed in any permanently grounded wire, except as provided in paragraph d of this section. c. Automatic cut-outs must be in plain sight or enclosed in an approved cabinet, and readily accessible. They must not be placed in the canopies or shells of fixtures. Link fuses may be used only when mounted on approved bases which, except on switchboards, must be mounted in approved cut- out boxes or cabinets. A space of at least two inches must be pro- vided between the open-link fuses and metal, or metal lined walls or metal, metal lined or glass paneled doors of cabinet or cut-out boxes. d. Automatic cut-outs must be so placed that no set of small motors, small heating devices or incandescent lamps, whether grouped on one fixture or on several fixtures or pendants (nor more than 16 medium base sockets or 25 candelabra base sockets or lamp receptacles) requiring more than 660 watts will be dependent upon one cut-out. By special permission, in cases where wiring equal in size and in- sulation to No. 14 B. & S. gage approved rubber-covered wire is carried direct into keyless sockets or receptacles, and where the location of sockets and the receptacles is such as to render unlikely the attachment of flexible cords thereto, the circuits may be so ar- ranged that not more than 1,320 watts (or 32 sockets or lamp recep- tacles) will be dependent upon the final cut-out. Except for signs and outline lighting, sockets and lamp receptacles will be considered as requiring not less than 40 watts each if of me- dium size, or 25 watts if of candelabra size. All wires of all branches or taps which are directly connected to lamp sockets or other translating devices, must be protected by 206 CODE OF ORDINANCES OF THE CITY OF NEW YORK proper fuses, except that by special permission in writing fuses may be omitted in grounded wires of such branches or taps. The above shall also apply to motors, except that small motors may be grouped under the protection of a single set of fuses, provided the rated capacity of the fuses does not exceed 10 amperes. When 1,320 watts are dependent upon one fusible cut-out, as is allowed in theatre wiring, outline lighting, signs and large chande- liers, the fuses may be in accordance with the following table: 125 volts or less 20 amperes 125 to 250 volts 10 amperes e. The rated capacity of fuses must not exceed the allowable carrying capacity of the wires as given in 418 of this chapter. Circuit-breakers must not be set more than 30 per cent, above allowable carrying capacity of the wire, unless a fusible cut-out is also installed on the circuit. Where a rubber-covered conductor carries the current of only one A. C. motor of a type requiring large starting current, it may be pro- tected by a fuse or an automatic circuit breaker without time limit device, rated in accordance with Table B of 418 of this chapter. The rated continuous current capacity of a time limit circuit-breaker protecting a motor of the above type need not be greater than 125 per cent of the motor current rating, provided the time limit device is capable of preventing the breaker opening during the starting period. For the protection of wires having safe carrying capacities exceed- ing the rated capacity of the largest approved enclosed type fuses, approved enclosed fuses arranged in multiple may be used, provided as few fuses as. possible are used and the fuses are of equal capacity and provided the cut-out terminals are mounted on a single contin- uous pair of substantial bus bars. The total capacity of the fuses should not exceed the safe carrying capacity of the wires. This does not apply to motor circuits. f . Each wire of motor circuits except on main, switchboards or when otherwise subject to competent supervision, must be protected by an approved fuse whether automatic overload circuit breakers are installed or not. Single-phase motors may have one side pro- tected by an approved automatic overload circuit-breaker only, if the other side is protected by an approved fuse. Circuit breakers will be approved for circuits having a maximum capacity greater than that for which approved enclosed fuses are rated. 424. Switches. a. Switches must be placed on all service wires, either overhead or underground, in the nearest readily accessible place to the point where the wires enter the building, and arranged to cut off the entire current. Departure from this rule may be author- ized only under special permission in writing. Service cut-out and switch must be arranged to cut off current from all devices including meters. Service switches must indicate plainly whether they are open or closed. In risks having private plants the yard wires running from build- ing to building are not considered as service wires, so that switches would not be required in each building if there are other switches con- veniently located on the mains or if the generators are near at hand. ELECTRICAL CONTROL 207 b. Switches must always be placed in dry, accessible places, and be grouped as far as possible (see 419c of this chapter). Single- throw knife switches must be so placed that gravity will not tend to close them. Double-throw knife switches may be mounted so that the throw will be either vertical or horizontal as preferred, but if the throw be vertical a locking device must be provided, so con- structed as to insure the blades remaining in the open position when so set. When practicable, switches must be so wired that blades will be "dead" when switch is open. When switches are used in rooms where combustible flyings would be likely to accumulate around them, they must be enclosed in dust- tight cabinets. c. Single-pole switches must never be used as service switches, nor for the control of outdoor signs or circuits located in damp places, not placed in the neutral wire of a three-wire system, except in the two-wire branch or tap circuit supplying not more than 660 watts. This, of course, does not apply to the grounded circuits of street railway systems. Three-way switches are considered as single pole switches. d. Where flush switches or receptacles are used, whether with conduit systems or not, they must be enclosed in an approved box constructed of iron or steel, in addition to the porcelain enclosure of the switch or receptacle. Where at floor outlets, attachment plugs are liable to mechanical injury, or the presence of moisture is probable, floor outlet boxes especially designed for this purpose must be used. e. Sub-bases of non-combustible, non-absorptive, insulating ma- terial, which will separate the wires at least ^ inch from the surface wired over, must be installed under all snap switches used in exposed knob and cleat work. Sub-bases must also be used in moulding work unless the switch is approved for mounting directly on the moulding. 425. Electric heaters. a. Each heater of more than 6 amperes or 660 watts capacity must be protected by a cut-out, and controlled by a switch or plug connector plainly indicating whether "on" or "off" and located within sight of the heater. Heaters of 6 amperes or 660 watts capacity, or less, may be grouped under the protection of a single set of fuses, provided the rated capacity of the fuses does not exceed 10 amperes, or may be connected individually to lighting circuits when the normal load on the circuit at any time will not exceed 660 watts. b. Flexible conductors for smoothing irons and sad irons, and for all devices requiring over 250 watts, must have an approved insula- tion and covering complying with the requirements of 5541 of this chapter. c. With portable heating devices, approved plug connectors must be used, so arranged that the plug may be pulled out to open the circuit without leaving any live parts so exposed as to render likely accidental contact therewith. The connector may be located at either end of the flexible conductor or inserted in the conductor itself. d. Smoothing irons, sad irons and other heating devices that are intended to be applied to combustible articles, must be provided with approved stands. 208 CODE OF ORDINANCES OF THE CITY OF NEW YORK e. Stationary heaters, such as radiators, ranges, plate warmers, etc., must be so located as to furnish ample protection between the device and surrounding combustible material. f. Electric heaters must each be provided with a name-plate giving the maker's name and the normal capacity in volts and am- peres or in volts and watts. 426. Wires, low potential systems. 1. General Rules. a. Wires where entering cabinets, cut-out boxes or junction boxes, except where they are in conduit, armored cable or metal moulding, must be protected by approved bushings, which fit tightly the holes in the box and are well secured in place. The wires should completely fill the holes in the bushings so as to keep out the dust, tape being used to build up the -wires if necessary. The use of permanently and reliably grounded conductors not complying with the insulation requirements of article 5 of this chap- ter may be authorized by special permission in writing. b. Wires must not be laid in plaster, cement or similar finish, and must never be fastened with staples. c. Wires must not be fished for any great distance, and only in places where the inspector can satisfy himself that the rules have been complied with. d. Twin wires must never be used, except in conduits, or where flexible conductors are necessary. e. Wires must, where exposed to mechanical injury, be suitably protected. When crossing floor timbers in cellars, or in rooms where they might be exposed to injury, wires must be installed in approved conduit or armored cable or be attached by their insulating supports to the under side of a wooden strip, not less than }/ inch in thick- ness, and not less than 3 inches in width. Instead of the running- boards, guard strips on each side of and close to the wires will be accepted, these strips to be not less than 7 /s inch in thickness, and at least as high as the insulators. Protection on side walls must extend not less than 7 feet from the floor and must consist of substantial boxing, retaining an air space of 1 inch around the conductors, closed at the top (the wires passing through bushed holes) or of approved metal conduit or pipe of equiv- alent strength. When metal conduit or pipe is used, the insulation of each wire must be reinforced by approved flexible tubing extending from the insulator next below the pipe to the one next above it, unless the conduit is installed according to 428 of this chapter, paragraphs c and f thereof excepted, and the wire is approved for conduit use. The two or more wires of a circuit each with its flexible tubing (when required), if carrying alternating current must, or if direct current may, be placed within the same pipe. In making open work extensions from concealed conduit or ar- mored cable installations the outlet boxes must first be set out be- yond the finished surface or else an extension collar must be added. This collar must be electrically and mechanically secured to the box. The conductors of the extension must be brought out of the side of the box or collar and must be protected by approved insulating bushings as required in par. "a" of this section. f. When run in unfinished attics or roof spaces, wires will be con- ELECTRICAL CONTROL 209 sidered as concealed, and when run in close proximity to water tanks or pipes, they will be considered as exposed to moisture. In unfinished attics or roof spaces wires are considered as exposed to mechanical injury, and must not be run on knobs or upper edge of joists. 2. Open work in dry places, g. Wires must have an approved rubber (type R. S.), slow-burning weatherproof (type S. B. W.), or slow-burning insulation (type S. B.). Slow-burning insulation may be used only in permanently dry locations and under special permission in writing, given in advance. h. Wires must be rigidly supported on non-combustible, non- absorptive insulators, which will separate the wires from each other and from the surface wired over in accordance with the following table: Voltage-^-0 to 300; distance from surface, M inch; distance between wires, 2J^ inches. Voltage 301 to 550; distance from surface, 1 inch; distance be- tween wires, 4 inches. Rigid supporting requires under ordinary conditions, where wiring along flat surfaces, supports at least every 43^ feet. If the wires are liable to be disturbed, the distance between supports must be short- ened. In buildings of mill construction, mains of not less than No. 8 B. & S. gage, where not liable to be disturbed, may be separated about 6 inches, and run from timber to timber, not breaking around, and may be supported at each timber only. Wires must not be "dead-ended" at a rosette, socket or receptacle unless the last support is within 12 inches of the same. 3. Open work in damp places, or buildings specially subject to mois- ture or to add or other fumes. i. Wires must have an approve i in- sulating covering. For protection against water, rubber insulation must be used. For protection against corrosive vapors, either weatherproof or rubber insulation must be used. j. Wires must be rigidly supported on non-combustible, non- absorptive insulators, which separate the wire at least 1 inch from the surface wired over, and must be kept apart at least 2^ inches for voltages up to 300, and 4 inches for higher voltages. Rigid supporting requires under ordinary conditions, where wiring over flat surfaces, supports at least every 4^ feet. If the wires are liable to be disturbed, the distance between supports must be shortened. In buildings of mill construction, mains of not less than No. 8 B. & S. gage, where not liable to be disturbed, may be separated about 6 inches, and run from timber to timber, not break- ing around, and may be supported at each timber only. 4. Metal moulding work. k. Wires must have an approved rubber insulating covering (type R. S.), and must be in continuous lengths from outlet to outlet, or from fitting to fitting, no joints or taps to be made in moulding. Where branch taps are necessary in moulding work approved fittings for this purpose must be used. 1. Wires must never be placed in moulding in damp locations; must never be placed in moulding in concealed locations or where the difference of potential between any two wires in the same system is over 300 volts. When the electrical construction is being carried 210 CODE OF ORDINANCES OF THE CITY OF NEW YORK out in moulding, permission will be given to extend these mouldings through walls and partitions, if the moulding and capping are in continuous lengths where passing through the walls arid partitions. Mouldings must not be used for circuits requiring more than 1,320 watts of energy. m. Wires must for alternating current systems if in metal mould- ing have the two or more wires of a circuit installed hi the same moulding. 5. Conduit work. n. Wires must have an approved rubber in- sulating covering, and must within the conduit tubing be without splices or taps, and must be provided with a lead covering if the con- duit is installed in a damp place and is not watertight. Wires must be double braided (type R. D.) for twin, twisted pair or multiple conductor cables and for all single conductors of No. 6 B. & S. gage and larger. Slow burning insulation may, however, be used in permanently dry locations where excessive temperatures are present, provided special permission in writing be given in advance. 0. Wires must not be drawn in until all mechanical work on the building has been, as far as possible, completed. Conductors in vertical conduit risers must be supported within the conduit system in accordance with the following table: No. 14 to every 100 feet. No. 00 to 0000 every 80 feet. 0000 to 350,000 C. M. every 60 feet. 350,000 C. M. to 500,000 C. M. every 50 feet. 500,000 C. M. to 750,000 C. M. every 40 feet. 750,000 C. M. every 35 feet. The following methods of supporting cables are recommended: 1. Approved clamping devices constructed of or employing in- sulating wedges inserted in the ends of the conduit. 2. Junction boxes may be inserted in the conduit system at the required intervals, hi which insulating supports of approved type must be installed and secured in a satisfactory manner so as to with- stand the weight of the conductors attached thereto, the boxes to be provided with proper covers. 3. Cables may be supported in approved junction boxes on two or more insulating supports so placed that the conductors will be deflected at an angle of not less than 90 degrees, and carried a dis- tance of not less than twice the diameter of the cable from its verti- cal position. Cables so suspended may be additionally secured to these insulators by tie wires. Conductors larger than No. 4 B. & S. gage must not be materially deflected where they enter or leave the cabinet, and where terminating in the cabinet must be properly supported at the end of the conduit. Other methods may be used, if specially approved. p. Wires must, for alternating systems, have the two or more wires of a circuit drawn in the same conduit. Except in the case of stage pocket and border circuits the same conduit must not contain more than four two-wire, or three three- wire circuits of the same system, except by special permission, and must never contain circuits of different systems. ELECTRICAL CONTROL 211 6. Concealed "knob and tube" work. q. The installation of concealed knob and tube work is prohibited. 427. Armored cables. a. Armored cables must be continuous from outlet to outlet or to junction boxes or cabinets, and the armor of the cable must properly enter and be secured to all fit- tings, and the entire system must be mechanically secured in posi- tion. In case of service connections and main runs, this involves running such armored cables continuously into a main cut-out cabinet or gutter surrounding the panel board, as the case may be. b. Armored cables must be equipped at every outlet with an ap- proved outlet box or plate, as required in conduit work. Outlet plates must not be used where it is practicable to install outlet boxes. For concealed work in walls and ceilings composed of plaster on wooden joist or stud construction, outlet boxes or plates and also cut-out cabinets must be so installed that the front edge will not be more than J4 inch back of the finished surface of the plaster, and if this surface is broken or incomplete it shall be repaired so that it will not show any gaps or open spaces around the edges of the out- let box or plate or of the cut-out cabinet. On wooden walls or ceil- ings, outlet boxes or plates and cut-out cabinets must be so installed that the front edge will either be flush with the finished surface or project therefrom. This will not apply to concealed work in walls or ceilings composed of concrete, tile or other non-combustible material. In buildings already constructed where the conditions are such that neither outlet box nor plate can be installed, these appliances may be omitted by special permission, provided the armored cable is firmly and rigidly secured in place. c. Armored cables must have the metal armor of cables per- manently and effectually grounded to water piping, gas piping or other suitable grounds, provided that when connections are made to gas piping they must be on the street side of the meter. If the ar- mored cable system consists of several separate sections, the sections must be bonded to each other, and the system grounded, or each section may be separately grounded, as required above. The armor of cables and gas pipes must be securely fastened in outlet boxes, junction boxes and cabinets, so as to secure good elec- trical connection. If armor of cables and metal of couplings, outlet boxes, junction boxes, cabinets or fittings, having protective coating of non-conduct- ing material, such as enamel, are used, such coating must be thor- oughly removed from threads of both couplings and the armor of cables, and from surfaces of the boxes, cabinets and fittings where the armor of cables or ground clamp is secured in order to obtain the requisite good connection. Grounded pipes must be cleaned of rust, scale, etc., at place of attachment of ground clamp. Connections to grounded pipes and to armor of cables must be exposed to view or accessible, and must be made by means of ap- proved ground clamps. Ground wires must be of copper, at least No. 10 B. & S. gage (where largest wire contained in cable is not greater than No. B. & 8. 212 CODE OF ORDINANCES OF THE CITY OF NEW YORK gage), and need not be greater than No. 4 B. & S. gage (where largest wire contained in cable is greater than No. B. & S. gage). They shall be protected from mechanical injury. d. When installed in so-called fireproof buildings in course of construction or afterwards if exposed to moisture, or where it is exposed to the weather, or in damp places, such as breweries, stables, etc., the cable must have a lead covering placed between the outer braid of the conductors and the steel armor. The lead covering is not to be required when the cable is run against brick walls or laid hi ordinary plaster walls unless same are continuously damp. e. Where entering junction boxes, and at all other outlets, etc., armored cables must be provided with approved terminal fittings which will protect the insulation of the conductors from abrasion, unless such junction or outlet boxes are specially designed and ap- proved for use with the cable. f . Junction boxes must always be installed in. such a manner as to be accessible. g. For alternating current systems, armored cables must have the two or more conductors of the circuit enclosed in one metal armor. h. All bends must be so made that the armor of the cable will not be injured. The radius of the curve of the inner edge of any bend shall not be less than \Y^ inches. 428. Interior conduits. a. No conduit smaller than Y% inch, electrical trade size, shall be used. b. Interior conduits must be continuous from outlet to outlet or to junction boxes or cabinets, and the conduit must properly enter, and be secured to all fittings and the entire system must be me- chanically secured in position. In case of service connections and main runs, this involves running each conduit continuously into a main cut-out cabinet or gutter surrounding the panel board, as the case may be. Departure from this rule may be authorized in case of underground services by spe- cial permission. c. Interior conduits must be first installed as a complete conduit system, without the conductors. d. Interior conduits must be equipped at every outlet with an approved outlet box or plate. At exposed ends of conduit (but not at fixture outlets) where wires pass from the conduit system without splice, joint or tap, an approved fitting having separately bushed holes for each conductor must be used. Departure from this rule may be authorized by special permission. Outlet plates must not be used where it is practicable to install outlet boxes. For concealed work in walls and ceilings composed of plaster on wooden joist or stud construction, outlet boxes or plates and also cut-out cabinets must be so installed that the front edge will not be more than % inch back of the finished surface of the plaster, and if this surface is broken or incomplete it shall be repaired so that it will not show any gaps or open spaces around the edges of the outlet box or plate or of the cut-out cabinet. On wooden walls or ceilings, outlet boxes or plates and cut-out cabinets must be so installed that ELECTRICAL CONTROL 213 the front edge will either be flush with the finished surface or pro- ject therefrom. This will not apply to concealed work in walls or ceilings composed of concrete, tile or other non-combustible ma- terial. In buildings already constructed where the conditions are such that neither outlet box nor plate can be installed, these appliances may be omitted providing the conduit ends are bushed and se- cured. e. Metal conduits where they enter junction boxes, and at all other outlets, etc., must be provided with approved bushings or fastening plates fitted as to protect wire from abrasion, except when such protection is obtained by the use of approved nipples, properly fitted in boxes or devices. f. Interior conduits must have the metal of the conduit perma- nently and effectually grounded to water piping, gas piping or other suitable grounds, provided that when connections are made to gas piping, they must be on the street side of the meter. If the conduit system consists of several separate sections, the sections must be bonded to each other, and the system grounded, or each section may be separately grounded, as required above. Where short sections of conduit (or pipe of equivalent strength) is used for the protection of exposed wiring on side walls, and such conduit or pipe and wiring is installed as required by 426e of this chapter, the conduit or pipe need not be grounded. Conduits and gas pipes must be securely fastened in outlet boxes, junction boxes and cabinets, so as to secure good electrical connec- tions. If conduit couplings, outlet boxes, junction boxes, cabinets or fittings, having protective coating of non-conducting material, such as enamel, are used, such coating must be thoroughly removed from threads of both couplings and conduit, and such surfaces of boxes, cabinets and fittings where the conduit or ground clamp is secured in order to obtain the requisite good connection. Grounded pipes should be cleaned of rust, scale, etc., at place of attachment of ground clamp. Connections to grounded pipes and to conduit must be exposed to view or accessible, and must be made by means of approved ground clamps. Ground wires must be of copper at least No. 10 B. & S. gage (where largest wire contained in conduit is not greater than No. B. & S. gage), and need not be greater than No. 4 B. & S. gage (where largest wire contained in conduit is greater than No. B. & S. gage). They shall be protected from mechanical injury. g. Junction boxes must always be installed in such a manner as to be accessible. Such boxes are considered to be accessible when installed in an -attic that has sufficient head room, but which is reached only by a portable ladder and permanent hatch. h. All elbows or bends must be so made that the conduit will not be injured. The radius of the curve of the inner edge of any elbow shall not be less than 3^ inches. There must be not more than the equivalent of 4 quarter bends from outlet to outlet, the bends at the outlets not being counted. 214 CODE OF ORDINANCES OP THE CITY OP NEW YORK i. Conduit sizes for various numbers, gauges and types of con- ductors must conform to the following table: Size of Conduits for the Installation of Wires and Cables Number of Conductors Size B. &S. One Conductor in a Conduit. Size Con- duit, In. Electrical Trade Size Two Conductor in a Conduit. Size Con- duit, In. Electrical Trade Size Three Conductor in a Conduit. Size Con- duit, In. Electrical Trade Size Four Conductor in a Conduit. Size Con- duit, In. Electrical Trade Size 14.. 12 1/2 1/2 3/4 3/4 1 1 1/4 1 1/4 1 1/4 1 1/4 1 1/2 1 1/2 2 2 2 2 2 1/2 2 1/2 3 3 3 3 1/2 3 1/2 3 1/2 4 4 1/2 4 1/2 5 5 inductor 3/4 3/4 1/2 3/4 3/4 1 1 1/4 1 1/4 1 1/4 1 1/4 1 1/2 1 1/2 2 2 2 2 1/2 2 1/2 2 1/2 2 1/2 3 3 3 1/2 3 1/2 4 4 4 4 1/2 5 5 ' 6 1 1 1 1/4 3/4 3/4 1 1 1/4 1 1/4 1 1/2 1 1/2 1 1/2 2 2 2 1/2 2 1/2 2 1/2 1 1/2 3 3 3 1/2 3 1/2 1 1 1/4 1 1/4 1/2 10 1/2 8. . 6.. 5.. 4. . 1/2 1/2 3/4 3/4 3. . 3/4 2 3/4 1 3/4 00 1 00 1 000. . 0000 1 11/4 C. M 200000 . . 1 1/4 250000 1 1/4 300000 1 1/4 400000 1 1/4 500000 11/2 600000 . 11/2 700000. . 2 800000 . . 2 900000 . . 1000000 2 2 1250000 2 1/2 1500000 21/2 1750000 . 3 2000000. . 14 3 Twin Cc 1/2 12 1/2 10. 3/4 ELECTRICAL CONTROL 215 3 Conductor Convertible System Size of Conductors Size Con- duit, In. Electrical Trade Size 2-Conductor Size B. & S. 1-Conductor Size B. & S. 14 10 3/4 12 8 3/4 10 6 1 8 4 1 6 2 1 1/4 5 1 1 1/4 4 1 1/2 3 00 1 1/2 2 000 1 1/2 1 0000 2 250000 2 00 350000 2 1/2 000 400000 2 1/2 0000 550000 3 250000 600000 3 300000 800000 3 400000 1000000 3 1/2 500000 1250000 4 600000 1500000 4 700000 1750000 4 1/2 800000 2000000 4 1/2 Single Conductor Combination Note Where special permission has been given in accordance with section 426 of this chapter, the following table to apply: Size Con- No, of duit, In. Wires. Electrical Trade Size 3 No. 14R.C. solid. . H 5 No. 14 R. C. solid Y 10 No. 14 R. C. solid 1 18 No. 14 R. C. solid 1& 24 No. 14 R. C. solid \Y 2 40 No. 14 R. C. solid 2 74 No. 14 R. C. solid 2% 90 No. 14 R. C. solid. . 3 429. Metal mouldings. a. Metal moulding must be continuous from outlet to outlet, to junction boxes, or approved fittings designed 216 CODE OF ORDINANCES OF THE CITY OF NEW YORK especially for use with metal mouldings, and must at all outlets be provided with approved terminal fittings which will protect the insulation of conductors from abrasion, unless such protection is afforded by the construction of the boxes or fittings. b. Such moulding where passing through a floor must be carried through an iron pipe extending from the ceiling below to a point 5 feet above the floor, which will serve as an additional mechanical protection and exclude the presence of moisture often prevalent in such locations. Where the mechanical strength of the moulding itself is adequate, this ruling may be modified to require the protecting piping from the ceiling below to a point at least 3 inches above the flooring. Where such mouldings pass through a partition the iron pipe re- quired for passing through floors may be omitted and the moulding passed directly through, providing the partition is dry and the mould- ing is in a continuous length with no joint or couplings within the partition. c. Backing must be secured in position by screws or bolts, the heads of which must be flush with the metal. d. Metal moulding must be permanently and effectively grounded to water piping, gas piping, or other suitable grounds, provided that when connections are made to gas piping they must be on the street side of the meter. If the metal moulding system consists of several separate sections, the sections must be bonded to each other and the system grounded, or each section may be separately grounded, as re- quired above. Metal mouldings and gas pipes must be securely fastened to outlet boxes, junction boxes and cabinets, so as to secure a good electrical connection. Moulding must be so installed that adjacent lengths of moulding will be mechanically and electrically secured at all points. If metal moulding, couplings, outlet boxes, junction boxes, cabinets or fittings having protective coating of non-conducting material such as enamel are used, such coating must be thoroughly removed from threads of couplings and metal mouldings, and from the surface of boxes, cabinets and fittings, where the metal moulding or ground clamp is secured in order to obtain the requisite good connection. Grounded pipes should be cleaned of rust, scale, etc., at the place of attachment of the ground clamp. Connection to grounded pipes and to metal mouldings must be exposed to view, or accessible, and must be made by means of ap- proved ground clamps. Ground wires must be of copper, at least No. 10 B. & S. gage. They shall be protected from mechanical injury. e. Must be installed so that for alternating systems the two or more wires of a circuit will be in the same metal moulding. 430. Fixtures. a. Fixtures must, except as specified in para- graph b hereof, be insulated from their supports by approved in- sulating joints placed as close as possible to the ceilings or walls. Where insulating joints are required, fixture canopies of metal must be thoroughly and permanently insulated from metal walls or ceilings or from plaster walls or ceilings on metal lathing and from outlet boxes. Canopy insulators must be securely fastened in place so as ELECTRICAL CONTROL 217 to separate the canopies thoroughly and permanently from the sur- face and outlet boxes from which they are designed to be insulated. Gas pipes must be protected above the insulating joints by approved insulating tubing, and where 1 outlet tubes are used, they must be of sufficient length to extend below the insulating joint and must be so secured that they will not be pushed back when the canopy is put in place. b. Insulating joints and canopy insulators may be omitted in the following cases: 1. Straight electric fixtures metallically connected in a permanent and effective manner to metal conduit, armored cable or metal moulding systems or to gas piping, provided such gas piping is grounded in the manner prescribed for conduit in 428 of this chapter. 2. Straight electric fixtures connected to knob and tube, wooden molding or open work, except on metal ceilings or on plaster walls or ceilings containing metal lathing. 3. Straight electric fixtures which are permanently and effectively grounded to a separate ground wire not smaller than No. 14 B. & S. gage. 4. By special permission in writing, straight electric fixtures may be grounded by connecting them by an approved means to one of the supply wires of the fixture, provided such wire is permanently and effectively grounded, and if there is no fuse, circuit breaker or switch in that side of the circuit between the fixture and the ground connection. 5. Combination fixtures in which all wires have an approved rubber insulation not less than 3-64 inch in thickness and where gas piping is grounded, as in subdivision 1 above. c. For fixtures which are not attached to gas pipes or conduit unless outlet boxes or other approved fittings which will give proper support for fixtures are used, a seven-eighths inch block must be fastened between studs or floor timbers flush with the back of lath- ing to hold tubing and to support fixtures. When this cannot be done, wooden base blocks, not less than % inch in thickness, securely screwed to lathing, must be provided. Fixtures having so-called flat canopies, tops or backs, will not be approved for installation, except where outlet boxes are used. d. When installed out of doors, fixtures must be of water-tight construction. e. Fixture wires must be not smaller than No. 18 B. & S. gage, and must have an approved insulating covering (see 552 of this chapter). In wiring certain designs of show-case fixtures, ceiling bulls-eyes and similar appliances in which the wiring is exposed to temperatures in excess of 120 degrees Fahrenheit (49 degrees Centigrade) from the heat of the lamps, conductors having approved slow-burning or other heat-resisting coverings must be used. All such forms of fixtures must be submitted for examination, test and approval before being introduced for use. f. Supply conductors, and especially the splices to fixture wires, must be kept clear of the grounded part of gas pipes, and, where shells or outlet boxes are used, they must be made sufficiently large to allow the fulfilment of this requirement. 218 CODE OF ORDINANCES OF THE CITY OF NEW YORK g. Fixtures must, when wired on the outside, have the conductors so secured as not to be cut or abraded by the pressure of the fasten- ings or motion of the fixture. Chain fixtures must be wired with flexible conductors. h. Wires of different systems must never be contained in or at- tached to the same fixture, and under no circumstances must there be a difference of potential of more than 300 volts between wires contained in or attached to the same fixtures. i. Fixtures must be free from short circuits between conductors and from contacts between conductors and metal parts of fixtures, and must be tested for such conditions before being connected to supply conductors. 431. Sockets. a. In rooms where inflammable gases may exist (see 419b of this chapter) the incandescent lamp and socket must be enclosed in a vapor-tight globe, and supported on a pipe-hanger, wired with approved rubber-covered wire soldered directly to the circuit. b. In damp or wet places, or where exposed to corrosive vapors, weatherproof sockets especially approved for the location must be used. Unless made up on fixtures they must be hung by stranded rubber-covered conductors not smaller than No. 14 B. & S. gage, which should preferably be twisted together when the pendant is over 3 feet long. These wires must be soldered direct to the circuit wires but sup- ported independently of them. c. Key sockets will not be approved if installed over specially inflammable stuff, or where exposed to flyings of combustible ma- terial. 432. Flexible cord. a. Flexible cord must have an approved insulation and covering. b. Flexible cord must not be used where the difference of potential between the two wires is over 300 volts. c. Flexible cord must not be used as a support for clusters. d. Flexible cord must not be used except for pendants, wiring of fixtures, portable lamps or motors, portable heating apparatus or other portable devices. For all portable work, including those pendants which s are liable to be moved about sufficiently to come in contact with surrounding objects, flexible wires and cables especially designed to withstand severe service must be used. When necessary to prevent portable lamps from coming in contact with inflammable materials, or to protect them from breakage, they must be surrounded with a substantial guard. e. Unless provided with approved metal armor, flexible cord must 'not be used in show windows or show cases, except that approved portable cord may be used for the purpose of supplying current to portable lamps and other devices for exhibition purposes. f. Flexible cord must be protected by approved bushings where the cord enters the socket, unless the socket is so constructed that no bushing is required. g. Must be so connected to all fittings that strain is taken from the joints and binding screws. h. Must where passing through covers of outlet boxes be protected ELECTRICAL CONTROL 219 by approved bushing especially designed for this purpose. So-called hard rubber composition bushings threaded into box covers must not be used. 433. Arc lamps on constant potential circuits. a. There must be a cut-out (see 419 of this chapter) for each lamp or each series of lamps. The branch conductors must have a carrying capacity about 50 per cent, in excess of the normal current required by the lamp. b. Arc lamps must be furnished only with such resistances or regu- lators as are enclosed in non-combustible material, such resistances being treated as sources of heat. Incandescent lamps must not be used for this purpose. c. Arc lamps must be supplied with globes and protected by spark arresters and wire netting around the globe, as in the case of series arc lamps (see 421 of this chapter). Outside arc lamps must be suspended at least 8 feet above side- walks. Inside arc lamps must be placed out of reach or suitably protected. d. Arc lamps, when arranged to be raised and lowered, either for carboning or other purposes, shall be connected up with stranded conductors from the last point of support to the lamp, when such conductor is larger than No. 14 B. & 3. gage. e. Economy and compensator coils for arc lamps must be mounted on non-combustible, non-absorptive, insulating supports, such as glass or porcelain, allowing an air space of at least one inch between frame and support, and must in general be treated as sources of heat. 434. Vapor lamps. 1. Enclosed mercury vapor lamps. a. En- closed mercury vapor lamps must have a cut-out for each lamp or series of lamps except when contained in a single frame and lighted by a single operation in which case not more than 5 lamps should be dependent upon a single cut-out. b. Enclosed mercury vapor lamps must be furnished only with such resistances or regulators as are enclosed in non-combustible cases, such resistances to be treated as sources of heat. In locations where these resistances or regulators are subject to flyings of lint or combustible material, all openings through cases must be protected by fine wire gauze. 2. High-potential vacuum tube systems. c. The tube must be so installed as to be free from mechanical injury or liability to contact with inflammable materials. d. High-potential coils and regulating apparatus must be installed in approved steel cabinet not less than 1-10 inch in thickness; same to be well ventilated in such a manner as to prevent the escape of any flame or sparks, in case of burnout in the various coils. All apparatus in this box must be mounted on slate base and the enclos- ing case positively grounded. Supplying conductors leading into this high-potential case are to be installed in accordance with the standard requirements governing low-potential systems, where such wires do not carry a potential of over 300 volts. 435. Gas filled incandescent lamps. a. Must be so grouped that not more than 660 watts (nor than more 16 sockets or receptacles) will be dependent on one cut-out except that in cases where wiring 220 CODE OF ORDINANCES OF THE CITY OF NEW YORK equal in size to No. 14 B. & S. gage is carried directly into keyless sockets or receptacles, the location of which is such as to render un- likely the attachment of flexible cords thereto, the circuits may be so arranged that not more than 1,320 watts (or 32 sockets or recep- tacles) will be dependent on the final cut-out. Where a single socket or receptacle is used on a circuit the limitation of watts per- missible on the final cut-out shall be the maximum capacity for which such socket or receptacle is approved. b. Must not be used in show windows or in other locations where inflammable material is liable to come in contact with lamp equip- ment except where used in connection with approved fixtures where temperature of any exposed portion of same does not exceed 200 degrees Fahr. (93 degrees Centigrade). c. Must not be used in connection with medium-base sockets or receptacles if of above 250 watts nominal capacity nor with Mogul base sockets or receptacles if of above 1,500 watts capacity. d. Fixtures within buildings must be wired with conductors having approved slow-burning of other heat-resisting coverings where the temperature to which wire is subjected at any point exceeds 120 degrees Fahr. (49 degrees Centigrade) . Where fixtures are placed outside of buildings approved rubber insulated wire is required. 436. Transformers, low potential. 1. Oil transformers. a. Must not be placed inside any building except central stations or sub- stations, unless in transformer vaults and by special permission. 2. Air cooled transformers, b. Air cooled transformers must not be placed inside of any building, excepting central stations or sub- stations if the highest voltage of either primary or secondary exceeds 550 volts, unless installed in approved transformer vaults. c. Air cooled transformers must, with the exception of bell-ringing and other signaling transformers, be so mounted that the case shall be at a distance of at least 1 foot from combustible material or separated therefrom by a slab or panel of non-combustible, non- absorptive, insulating material, such as slate, marble or soapstone. 437. Decorative lighting systems. a. Special permission in writing may be given for the temporary installation of approved systems of decorative lighting, provided the difference of potential between the wires of any circuit shall not be over 150 volts and also provided that no group of lamps requiring more than 1,320 watts shall be dependent on one cut-out. 438. Theatre and moving-picture establishment wiring. All wiring, apparatus, etc., not specifically covered by this section must con- form to the general requirements of this chapter, and the term " theatre" shall mean, a building or that part of a building regularly or frequently used for dramatic, operatic, moving picture or other performances or shows or which has a stage for such performances used with scenery or other stage appliances. a. Services. Where supply may be obtained from 2 separate street mains, 2 separate and distinct services must be installed, one service to be of sufficient capacity to supply current for the entire equipment of theatre, while the other service must be at least of sufficient capacity to supply current for all emergency lights. Where supply cannot be obtained from 2 separate sources, the feed for emergency lights must be taken from a point on the street side of ELECTRICAL CONTROL 221 main service fuses. By "emergency lights" are meant exit lights and all lights in lobbies, stairways, corridors, and other portions of theatre to which the public have access, which are normally kept lighted during the performance. Where source of supply is an isolated plant within the same build- ing, an auxiliary service of at least sufficient capacity to supply all emergency lights must be installed from some outside source, or a suitable storage battery within the premises may be considered the equivalent of such service. b. Stage. All permanent construction on stage side of proscenium wall, except as hereinafter provided, must be approved conduit or armored cable. c. Switchboards must be of the dead front type and made of non- combustible, non-absorptive insulating material, plans of each board to be approved before installation. Dimmers must be dead when the switch controlling circuit of which dimmer forms a part is open. d. Footlights must be wired in approved conduit or armored cable, each lamp receptacle being enclosed within an approved outlet box, or the lamp receptacles may be mounted in an iron or steel box, metal to be of a thickness not less than No. 20 U. S. sheet metal gage, treated to prevent oxidation, so constructed as to enclose all the wires and providing at least one-half inch separation between the metal of the box and receptacle terminals; wires to be soldered to lugs of receptacles. Footlights must be so wired that no set of lamps requiring more than 1,320 watts nor more than 32 receptacles shall be dependent upon one cut-out. e. Borders and proscenium sidelights. 1 . Borders and proscenium sidelights must be constructed of steel of a thickness not less than No. 20 U. S. sheet metal gage, treated to prevent oxidation, be suitably stayed and supported, and so designed that flanges of reflectors will protect lamps. 2. Borders and proscenium sidelights must be so wired that no set of lamps requiring more than 1,320 watts nor more than 32 recep- tacles shall be dependent upon one cut-out. 3. Borders and proscenium sidelights must be wired in approved conduit or armored cable, each lamp receptacle to be enclosed within an approved outlet box, or the lamp receptacles may be mounted in an iron or steel box, metal to be of a thickness not less than No. 20 U. S. sheet metal gage, treated to prevent oxidation, so constructed as to enclose all wires and providing at least one-half inch separation between the metal of the box and receptacle terminals; the wires to be soldered to lugs of receptacles. 4. Borders and proscenium sidelights must be provided with suit- able guards to prevent scenery or other combustible material coming in contact with lamps. 5. Cables for borders must be of approved type and suitably sup- ported; conduit construction must be used from switchboard to point where cables must be flexible to permit of the raising and lowering of border. 6. For the wiring of the border proper, wire with approved slow- burning insulation must be used. 222 CODE OF ORDINANCES OP THE CITY OP NEW YORK 7. Borders must be suitably suspended, and if a wire rope is used same must be insulated by at least one strain insulator inserted at the border. f . Stage and gallery pockets must be of approved type, insulated from ground and controlled from switchboard, each receptacle to be not less than 35 amperes rating for arc lamps nor 15 amperes for in- candescent lamps, and each receptacle to be wired to its full capacity. Arc pockets must be wired with wire not smaller than No. 6 B. & S. gage and incandescent pockets with not less than No. 12 B. & S. gage. Plugs for arc and incandescent pockets must not be interchangeable. g. Scene docks. Where lamps are installed in scene docks, they must be so located and installed that they will not be liable to mechanical injury. h. Curtain motors must be of enclosed type and installed so as to conform to the requirements of 208 of this chapter (see 208). i. Control for stage flues. In cases where dampers are released by an electric device, the electric circuit operating same must be nor- mally closed. Magnet operating damper must be wound to take full voltage of circuit by which it is supplied, using no resistance device, and must not heat more than normal for apparatus of similar construction. It must be located in loft above scenery and be installed in a suitable iron box with a tight self-closing door. Such dampers must be controlled by at least 2 standard single pole switches mounted within approved iron boxes provided with self- closing doors, without lock or latch, and located, one at the elec- trician's station and others as designated. j. Dressing rooms must be wired in approved conduit or armored cable. All pendant lights must be equipped with approved reinforced cord, armored cable or steel armored flexible cord. All lamps must be provided with approved guards which are sealed or locked in place. k. Portable equipment. Arc lamps used for stage effects must con- form to the following requirements: 1. Must be constructed entirely of metal of a thickness not less than No. 20 U. S. sheet metal gage except where the use of approved insulating material is necessary. 2. Must be substantially constructed, and so designed as to pro- vide for proper ventilation ? and to prevent sparks being emitted from lamps when same are in operation, and mica must be used for frame insulation. 3. Front opening must be provided with a self-closing hinged door frame, in which wire gauze or glass must be inserted, except in the case of lens lamps, where the front may be stationary, and a solid door be provided on back or side. 4. Must be so constructed that neither carbons nor live parts will be brought into contact with metal of hood during operation, and arc lamp frames and standards must be so installed and protected as to prevent the liability of their being grounded. 5. Switch on standard must be so constructed that accidental con- tact with any live portion of same will be impossible. 6. All stranded connections in lamps and at switch and rheostat must be provided with approved lugs. ELECTRICAL CONTROL 223 7. Rheostats must be plainly marked with their rated capacity in volts and amperes, and, if mounted on standards, must be raised to a height of at least 3 inches above floor. Resistance must be en- closed in a substantial and properly ventilated metal case which affords a clearance of at least 1 inch between case and resistance element. 8. A competent operator must be in charge of each arc lamp, except that 1 operator may have charge of 2 lamps when they are not more than 10 feet apart, and are so located that he can properly watch and care for both lamps. 1. Bunches must be substantially constructed of metal and must not contain any exposed wiring; cable feeding bunches must be bushed in an approved manner where passing through the metal, and must be properly secured to prevent any mechanical strain from coming on the connection. m. Strips must be constructed of steel of a thickness not less than No. 20 U. S. sheet metal gage, treated to prevent oxidation, and suitably stayed and supported and so designed that flanges will pro- tect lamps. Cable must be bushed in a suitable manner where passing through the metal, and must be properly secured to prevent serious mechanical strain from coming on the connections. Strips must be wired in approved conduit or armored cable, each lamp receptacle being enclosed within an approved outlet box or the lamp receptacles may be mounted in an iron or steel box, metal to be of a thickness not less than No. 20 U. S. sheet metal gage, treated to prevent oxidation, so constructed as to enclose all wires, the wires to be soldered to lugs of receptacles. n. Portable plugging boxes must be so constructed that no current carrying part will be exposed, and each receptacle must be protected by approved fuses mounted on slate or marble bases and enclosed in a fireproof cabinet equipped with self-closing doors. Each recep- tacle must be constructed to carry 30 amperes without undue heating, and the busbars must have a carrying capacity equivalent to the current required for the total number of receptacles, and approved lugs must be provided for the connection of the master cable. o. Pin plug connectors must be of an approved type, so installed that the female part of plug will be on live end of cable, and must be so constructed that tension on the cable will not cause serious mechanical strain on the connections. p. Portable conductors used from receptacles to arc lamps, bunches and other portable equipments must be approved stage cable, except that for the purpose of feeding a stand lamp under conditions where conductors are not liable to severe mechanical injury an approved reinforced cord may be used, provided cut-out designed to protect same is not fused over 10 amperes capacity. q. Brackets used on scenery must oe wired entirely on the inside, fixture stem must come through to the back of the scenery amj end of stem be properly bushed. Fixtures must be securely fastened in place. r. String or festooned light wiring must be of approved tvpe, joints to be properly made, soldered and taped, and staggered where practicable. Where lamps are used in lanterns or similar devices, approved guards must be employed. 224 CODE OF ORDINANCES OP THE CITY OP NEW YORK s. Special electrical effects. Where devices are used for producing special effects such as lightning, waterfalls, etc., the apparatus must be so constructed and located that flames, sparks, etc., resulting from the operation cannot come in contact with combustible mate- rial. t. Auditorium wiring must be installed in approved conduit, metal moulding or armored cable. Where receptacles are used, they must be enclosed in approved boxes. Exit lights must not have more than 1 set of fuses between same and service fuses. Exit lights and all lights in halls, corridors or any other part of the building used by audience, except the general auditorium lighting, must be fed independently of the stage lighting, and must be controlled only from the lobby or other convenient place hi front of the house. All fuses must be enclosed in approved cabinets. u. Moving-picture equipments other than those of approved miniature type. 1. The arc lamp used as a part of a moving-picture ma- chine must be constructed, so far as practicable, similar to arc lamps of theatres, and wiring to same must not be of less capacity than No. 6 B. & S. gage. The leads to the lamp and its rheostat or equivalent device must be protected by a plug cut-out or open link fuses, the latter enclosed in an approved cabinet with self-closing door. Cartridge fuses will not be permitted. 2. Rheostats, transforming devices or any substitute therefor must be of types expressly designed and approved for the purpose. Their installation and location must be subject to approval as parts of the moving-picture machine. 3. Top and bottom reels must be enclosed in steel boxes or maga- zines, each with an opening of approved construction at bottom or top, so arranged as not to permit entrance of flame to magazine. No solder is to be used in the construction of these magazines. The front side of each magazine must consist of a door swinging hori- zontally and be provided with a substantial latch. 4. An automatic shutter must be provided and must be so con- structed as to shield the film from the beam of light whenever the film is not running at operating speed. Shutter must be permanently attached to the gate frame. 5. Extra films must be kept in individual metal boxes equipped with tight-fitting covers. 6. Machine operation must be of an approved type. If driven by a motor, the latter must be of a type expressly designed and approved for such operations, and when so approved, motor driven machines, when in charge of a skilled operator, may be authorized under special permission in writing, given in advance. 7. Machine must be placed in an enclosure or house made of suit- able fireproof material; must be properly ventilated, properly lighted and lasge enough for operator to walk freely on either side of or back of machine. All openings into this booth must be arranged so as to be entirely closed by doors or shutters constructed of the same or equally good fire-resisting material as the booth itself. Doors or covers must be arranged so as to be held normally closed by spring hinges or equivalent devices. 8. Reels containing films under examination or in process of re- ELECTRICAL CONTROL 225 winding must be enclosed in magazines or approved metal boxes, similar to those required for films in operation, and not more than 2 feet of film shall be exposed in booth. v. Moving-picture equipments of approved miniature type for home, lecture and similar purposes. 1. All equipments must be expressly approved, and such approval must cover the entire machine, including all attachments, current- controlling devices and other parts employed, including also the film. 2. The entire equipment must consume not more than 660 watts. 3. Arc lamps must be constructed so far as practicable in accord- ance with the requirements of 438 k, 1, 2, 3, 4 and 6 of this chapter, and incandescent lamps must be suitably enclosed. 4. Rheostats, transformers, switches and other similar current- controlling devices must be attached to and form a part of the ma- chine, must have no live parts exposed, and must comply with the requirements of 565 and 578 or 581 a, b, of this chapter. 5. Films must be of an approved slow-burning type having a permanent distinctive marker. 6. Machines must be so constructed that they cannot be used with films employed on the full-sized commercial moving-picture machine. This may be accomplished by using a film of special width or with special perforations or by any other approved means. 7. Machines must be marked with the name or trade-mark of the maker, and with the voltage and current rating for which they are designed, and be plainly marked, "For use with slow-burning films only." 439. Outline lighting. a. Outline lighting must be connected only to low-potential systems. b. Open or conduit work or metal trough construction may be used, but moulding will not be permitted. c. Where flexible tubing is required, the ends must be sealed and painted with moisture repellent and kept at least Y^ inch from surface wired over. d. Wires for use in rigid or flexible steel conduit must comply with requirements for conduit work. Where armored cable is used, the conductors must be protected from moisture by lead sheath between armor and insulation. e. Outline lighting must be protected by its own cut-out, and con- trolled by its own switch; single pole switches must not be used. Cut-outs, switches, flashers and similar appliances must be of ap- proved types and be installed as required by this chapter for such appliances, and, if outside the building, must, with the exception of transformers of weatherproof type, be installed in approved weatherproof cabinets. f. Circuits must be so arranged that not more than 1,320 watts will be dependent upon one cut-out. g. Sockets and receptacles must be of the keyless porcelain type and wires must be soldered to lugs on same. Miniature receptacles will not be approved for outdoor work. h. For open work, wires must be approved rubber covered, not less than No. 14 B. & S. gage and must be rigidly supported on non- combustible, non-absorptive insulators, which separate the wires 226 CODE OP ORDINANCES OP THE CITY OP NEW YORK at least 1 inch from the surface wired over. Rigid supporting re- quires, under ordinary conditions where wiring over flat surfaces, supports at least every 43^ feet. If the wires are liable to be dis- turbed, the distance between supports should be shortened. In those parts of circuits where wires are connected to approved recep- tacles which hold them at least 1 inch from surface wired over, and which are placed not over 1 foot apart, such receptacles will be con- sidered to afford the necessary support and spacing of the wires. Between receptacles more than 1 foot, but less than 2 feet, apart an additional non-combustible, non-absorptive insulator maintain- ing a separation and spacing equivalent to the receptacles must be used. Except as above specified, wires must be kept apart at least 2 1 A inches for voltages up to 300, and 4 inches for higher voltages. 1. For metal trough construction, the troughs and other details must comply with the requirements of 583 a to f, hereof. 441. Lighting and power from railway wires. Lighting and power from railway wires must not be permitted, under any pretense, in the same circuit with trolley wires with a ground return, except in electric railway cars, electric car houses, power houses, passenger and freight stations connected with the operation of electric rail- ways. 442. Garages. 1. Definition. A garage is that portion of a building in which any automobile carrying volatile inflammable liquid is kept, whether such automobile be kept for use, for sale, for rental, for exhibition or for demonstrating purposes; and all that portion of a building that is on or below the floor or floors on which an automobile carrying volatile inflammable liquid is kept and ia not separated therefrom by tight unpierced fire walls and floors. 2. Wiring and appliances. a. All conductors except those re- quired for pendant lamps or portable connections must be installed in approved metal conduit or approved armored cable, except that approved metal moulding may be used only in offices and show- rooms. Metal conduits, armored cable or metal moulding must be so installed that all outlet and junction boxes shall be located at least four feet above the floor. b. Flexible cord for pendant lights must be approved reinforced cord. c. Flexible cords for portable lamps, motors or other apparatus must be approved cord designed for rough usage. The portable cord must carry the male end of an approved phi plug connector or equivalent, the female end being of such design or so hung that the connector will break apart readily at any position of the cable. The connector must be kept at least four feet above the floor. d. Flexible cable for charging must be of approved theatre stage type, this cable carrying parts of approved connectors of at least fifty amperes capacity. The connectors must be of such design or so hung that at least one will break apart readily at any position of the cable. Current-carrying parts of connectors must be shielded to prevent accidental contact. The fixed, or wall connector, must be kept at least four feet above the floor, and if not located on switch- board or charging panel, must be protected against accidental con- tact. e. Cut-outs, switches, key sockets, and receptacles must be placed ELECTRICAL CONTROL 227 at least four feet above the floor, except as provided in paragraph g below. f. All portable lights must be equipped with approved keyless sockets of moulded composition or metal-sheathed porcelain type. These sockets must be equipped with handle, hook and substantial guard. g. Switchboards and charging panels, at or upon which are mounted devices which in operation may produce a spark, must be located in a room or enclosure provided for the purpose unless all such spark producing devices are at least four feet above the floor or surrounded by vapor proof enclosures. h. Motors or dynamos, not actually a part of a vehicle, if not located at least four feet above the floor, must be of the fully enclosed type. Motors located four feet or more above the floor, if not of the fully eoclosed type, must be provided with wire screen of not less than No. 14 mesh over openings at commutator end. 443. Electric cranes. All wiring, apparatus, etc., not specifically covered by special rules herein given, must conform to the general requirements of this chapter except that the switch required by 208c of this chapter for each motor may be omitted. a. Wiring. 1. All wires except bare collector wires, those between resistances and contact plates of rheostats and those subjected to severe external heat, must be approved rubber-covered and not smaller in size than No. 12 B. & S. gage. Insulation on wires between resistances and contact plates of rheostats must conform to para- graph d hereof, while wires subjected to severe external heat must have approved slow-burning insulation. \ 2. All wires excepting collector wires and those run in metal conduit or approved flexible cable must be supported by knobs or cleats which separate them at least 1 inch from the surface wired over, but in dry places, where space is limited and the distance be- tween wires as required by 426h of this chapter cannot be obtained, each wire must be separately encased in approved flexible tubing securely fastened in place. Collector wires must be supported by approved insulators so mounted that even with the extreme movement permitted the wires will be separated at all times at least \ 1 A inches from the surface wired over. Collector wires must be held at the ends by approved strain insulators. 3. Main collector wires carried along the runways must be rigidly and securely attached to their insulating supports at least every 20 feet, and separated at least 6 inches when run in a horizontal plane; if not run in a horizontal plane, they must be separated at least 8 inches. If spans longer than 20 feet are necessary the distance be- tween wires must be increased proportionately, but in no case shall the span exceed 40 feet. 4. Where bridge collector wires are over 80 feet long, insulating supports on which the wires may loosely lie must be provided at least every 50 feet. Bridge collector wires must be kept at least 2^ inches apart, but a greater spacing should be used whenever it may be obtained. 5. Collector wires must not be smaller in size than specified in the following table for the various spans: 228 CODE OF ORDINANCES OF THE CITY OF NEW YORK Distance between Size Wire Rigid Supports, Required feet. B. & S. Oto30 6 30 to 60 . . 4 Over 60 2 b. Collectors must be so designed that sparking between them and collector wires will be reduced to a minimum. c. Switches and cut-outs. 1. The main collector wires must be protected by a cut-out and the circuit controlled by a switch. Cut- out and switch shall be so located as to be easy of access from the floor. 2. Cranes operated from cabs must have a cut-out and "switch connected into the leads from the main collector wires and so located in the cab as to be readily accessible to the operator. 3. Where there is more than one motor on a single crane, each motor lead must be protected by a cut-out located in the cab if there is one. d. Controllers must be installed according to 204 of this chapter, except that if the crane is located out doors the insulation on wires between resistances and contact plates of rheostats must be rubber where the wires are exposed to moisture and insulation is necessary and also where they are grouped. If the crane operates over readily combustible material the resistances must be placed in an enclosure made of non-combustible material, thoroughly ventilated and so constructed that it will not permit any flames or molten metal to escape in the event of burning out the resistances. If the resistances are located in the cab, this result may be obtained by constructing the cab of non-combustible material and providing sides which en- close the cab from its floor to a height of at least 6 inches above the top of the resistances. e. The motor frames, the entire frame of the crane and the tracks must be permanently and effectively grounded. 444. Wires, high potential systems in central stations, sub-stations and transformer vaults. Special permission in writing may be given for the installation of wires of high potential systems under such restrictions as the commissioner may prescribe. 445. Transformers, high potential. a. Transformers must be located as near as possible to the point at which the primary wires enter the building. b. Transformers must be placed in an enclosure constructed of fireproof material. The enclosure shall have no opening to the building except through an approved tight-fitting fire door. It shall be ventilated in some approved manner, be used only to contain the transformers and other high potential regulating devices, and be kept securely locked to prevent access by other than responsible persons. Suitable oil drains and guard sills shall be provided, as may be required by the commissioner. c. The transformer case must be permanently and effectually grounded. ELECTRICAL CONTROL 229 447. Wires, extra high potential. a. Primary wires must not be brought into or over buildings, except power stations, sub-stations and transformer vaults. b. Secondary wires must be installed under rules for high-potential systems when their immediate primary wires carry a current at a potential of over 3,500 volts, unless the primary wires are installed in accordance with the requirements of article 3 of this chapter or are entirely underground. ARTICLE 5 FITTINGS, MATERIALS AND DETAILS OF CONSTRUCTION (As amended by ord., effective May 29, 1916) Sec. 548. Fittings, materials and details of construction. " 549. Wires, general. 550. Rubber covered wires. 551. Flexible cords. 552. Fixture wire. _ 553. Conduit wire. 554. Armored cable and cord. 555. Slow burning weatherproof wire. 556. Slow burning wire. 557. Weatherproof wire. 558. Metal conduits. 559. Outlet, junction and flush switch boxes. 560. Metal mouldings. 561. Tubes and bushings. ' 562. Cleats. 563. Flexible tubing. 564. Knobs. 565. Switches. 566. Circuit breakers. ^ 567. Cut-outs. 568. Fuses. 569. Panel boards. 570. Cabinets and cut-out boxes. 571. Rosettes. 572. Sockets, including lamp receptacles. 573. 574. Arc lamps. 575. 576. Insulating joints. 577. Fixtures. 578. Rheostats, resistance boxes and equalizers. " 579. Auto-starters. 580. Reactive coils and condensers. 581. Transformers, low potential. 582. Lightning arresters. 583. Electric signs (for low potential systems only). 584. 230 CODE OP ORDINANCES OP THE CITY OF NEW YORK Sec. 548. Fittings, materials and details of construction. The re- quirements and provisions of this article prescribe the general char- acteristics and classifications of fittings, materials and details of con- struction. Specifications for performance of fittings and materials, both under test and in service, shall be as prescribed from -time to time by the commissioner. All fittings, materials and details of construction must be approved by the commissioner before being placed in service. 549. Wires, general. a. Wires, cables and cords of all kinds designed to meet the following specifications must have a distinctive marking the entire length of the coil so that they may be readily identified in the field. They must also be plainly tagged or marked as follows: Wires described under 557 need not have the distinctive markings but are to be tagged. 1. The maximum working pressure or voltage for which the wire was tested or approved. This may be omitted for the wires described under 555, 556 and 557 of this chapter. 2. The words "National Electrical Code Standard." 3. Name of the manufacturing company and, if desired, trade name of the wire. 4. Month and year when manufactured. 5. The proper type letter for the particular style of wire or cable as given in the following schedule for each type of insula- tion. RS Rubber coated single braided for voltage. 0-600 RS-15 Rubber covered single braided for maximum voltage 1500 RS-25 Rubber covered single braided for maximum voltage 2500 RS-35 Rubber covered single braided for maximum voltage 3500 RS-50 Rubber covered single braided for maximum voltage 5000 RS-70 Rubber covered single braided for maximum voltage 7000 RD, RD15 Rubber covered double braided, etc. RSL Rubber covered, single braided, leaded. RDL Rubber covered,, double braided, leaded. AC Wires for use in armored cable. ACL Leaded wires for use hi armored cable. b. Conductors or the strands of conductors must not vary in either diameter or in conductivity more than an approved per cent, from the standards adopted by the American Institute of Electrical En- gineers. 550. Rubber-covered wire. a. Conductors. No individual con- ductor, whether solid or stranded, shall be less than No. 14 B. & S. gage in nominal size. All conductors and the individual wires of stranded conductors shall be tinned. b. Insulation. Conductors shall be insulated for their entire length with a properly applied and properly vulcanized rubber com- pound. The insulation must be of the nominal thickness given in the fol- lowing table, the requirements of which vary according to the of conductors and the maximum working pressure: ELECTRICAL CONTROL 231 Table of Thickness of Rubber Insulation for Rubber-Covered Wires and Cables in 64th Inches Type Letters RS RS-15 RS-25 RS-35 RS-50 RS-70 For Working Pressures Not Over oizcj 01 vxmuuui/or 600 Volts 1500 Volts 2500 Volts 3500 Volts 5000 Volts 7000 Volts American or B. & S. Gage 14 to 8 3 4 6 8 12 16 7 to 2 .. 4 5 6 8 12 16 1 to 0000 C. M .. 5 6 7 8 12 16 225,000 to 500,000. . 525,000 to 1,000,000. .. 6 . . 7 7 8 8 9 9 10 12 12 16 16 Over 1,000,000 .. 8 9 10 11 14 18 c. Coverings. All single conductor rubber-insulated wires and cables must have a covering of fibrous material applied directly to the surface of the insulating wall. For any single conductor wire there shall be at least one braid for sizes from No. 14 to and including No. 8. For all single conductor cables larger than No. 8 there must be at least two braids or a tape and a braid. For twin wires and twisted pair wires and for all multiple con- ductor cables there shall be a fibrous covering on each individual wire and in addition a braid enclosing the bunched conductors. For certain special service conditions, one or more additional cover- ings of fibrous material or of lead are required. Fibrous coverings may be either braid or tape, but tape shall not be used for the outer covering. All braids must be impregnated with a moisture-proof compound. Lead coverings may be applied to single or multiple conductors. Lead covered multiple conductor cable with more than two con- ductors must, in all cases, have the conductors spirally laid. In all cases, the individual conductors in lead covered cable must have a fibrous covering and, except for two conductor cables, with conductors parallel, there must be a fibrous covering over bunched conductors. The thickness of lead covering shall, in all cases, be that specified for cables for the various sizes and forms. 551. Flexible cords. For pendant lamps and for portable use, in- cluding elevator lighting and control cables, and theatre stage and border-light cables. a. These cords and cables must comply with the requirements of 549 a and b of this chapter. b. Conductors. Each conductor must have a carrying capacity not leas than that of a No. 18 B. & S. gauge wire and be built up from wires of approved sizes. 232 CODE OP ORDINANCES OP THE CITY OP NEW YORK c. Insulation. The insulation must consist of properly applied and properly vulcanized rubber compound complying with approved physical and chemical tests. The insulation must be of the nominal thickness given in the fol- lowing table: Thickness Inches B. & S. Gage 18 and 16 .......... ................... 1/32 B. & S. Gage, 14 to 8 ............................... 3/64 For exception see Type PS below ( 551f, of this chapter). d. Coverings. Each conductor must be covered with a tight, close wind of fine cotton or some other method must be employed to prevent a broken strand puncturing the insulation. Cords of the several types must comply with the specifications of the following table with respect to their outer protective coverings, and the special rules indicated in the last column of the table. Use Type Trade Name Pendants Dry places C Lamp cord . . .~. Pendants Damp places. . . .CB Brewery cord Canvasite cord Portable Dry places P Reinforced cord PO Parallel cord PS Special reinf cord CA Armored cord PA Portable Damp places . PWp Armored reinf. cord Reinforced cord Wp . ... Packinghouse cord PAWp Theatre stages . T Stage cable Theatre borders B Border light cable Elevator lighting and control. .E Elevator cable e. (Types C, CB and CC.) In these classes are included flexible cords which under usual conditions hang freely in air. f. (Types PO and PS.) These cords are for use only in offices, dwellings or similar places where not liable to rough usage. For Type PO the conductors may be either laid parallel or twisted together. Type PS cord may be made only with conductors of No. 18 or No. 16 B. & S. gage and may have insulation only one-sixty-fourth inch in thickness. g. In the outer cover tape may be substituted for an inner braid, h. (Type T.) Shall consist of not more than three conductors, each not exceeding No. B. 4 & S. gage, twisted together and with a filler. The insulation on each conductor of No. 6 to No. 4 B. & S. gage shall be one-sixteenth inch in thickness. i. (Type B.) The conductors must be cabled. j. (Type E.) Conductors for elevator lighting cables shall not be smaller than No. 14 and for elevator control cables not smaller than No. 16 B. & S. gage. ELECTRICAL CONTROL 233 k. For portable heating apparatus (Type H). This cord is for use with all smoothing and sad irons and with other heating devices requiring over 250 watts. 1. Must comply with the requirements of 549 a, b and 551b of this chapter. 2. The covering may consist of a layer of rubber or other approved material at least one-eixty-fourth inch thick (the rubber is not subject to the tests specified for other rubber compounds), a braided covering of asbestos one-thirty-second inch thick and of approved quality, an outer braid one-sixty-fourth inch thick enclosing either all the conductors as a whole or each conductor separately. For Braid on each Reinforcement ^ , -, Conductor or Filler Outer Cover see Glazed cotton or silk 551e- Cotton Wp 551e Cotton Wp Cotton Wp 551e Cotton Rubber jacket. Glazed cotton or silk Cotton Glazed cotton or silk . . . 551f Cotton Rubber jacket. Glazed cotton or silk . . . 551f Cotton Armor Cotton Rubber jacket. Glazed cotton and armor .... Cotton Rubber jacket. Cotton Wp Cotton Filler 2 cotton both Wp 551g Cotton Rubber jacket. Cotton Wp. and armor Cotton Wp Filler 2 cotton both Wp 551g&h Cotton Wp 2 cotton both Wp 551g&i Cotton Rubber jacket. 1 or more cotton, both Wp 551g&j and or 3 cotton, outer one Wp 3. Other types of covering must be submitted for special exam- ination and approval before being used. 552. Fixture wire. a. Fixtures may be wired with approved flexible cord or approved rubber-covered wire. In wiring certain fixtures (see 430d and 435d of this chapter) conductors having approved slow-burning or other heat-resisting coverings must be used. b. Other wires for use in fixtures (Types F-64 and F-32) must comply with the requirements of 549 a and b of this chapter, and with the requirements of paragraphs c to e, inclusive, of this section. c. Conductors. May be either solid or stranded in an approved manner and must not be smaller than No. 18 B. & S. gage. If stranded conductor is used each conductor must be covered with a tight close wind of fine cotton or some other method must be used to prevent a broken strand puncturing the insulation. Solid con- ductors must be tinned. (1. Insulation. Tim insulation must consist of properly applied and properly vulc;ini/eoii u GARAGES Sec. 150. Permit. 151. Storage garages. 152. Construction. 153. Certificates of fitness. 154. Garages in buildings having dwelling occupancies when permitted. 155. Oil separators. 156. Storage system. 157. Supplying vehicles. 158. Lighting. 159. Fire-prevention. 160. Oil selling stations. Sec. 150. Permit. 1. Permit required. No person shall store, house or keep any motor vehicle other than one the fuel storage tank of which is empty, except in a building, shed or enclosure for which a garage permit shall have been issued. 2. Exemptions. No permit, however, shall be required for the maintenance outside of the fire limits, of a garage in which motor vehicles, which are not for sale, rent or hire, or subject to charges for storage, or used exclusively for business purposes, are stored, housed or kept. (Amend. Aug. 8, 1916.) 151. Storage garages. No permit for a storage garage shall be is- sued for any building, shed or enclosure (a) Which is occupied as a tenement house, hotel or lodging house; (b) Where paints, varnishes or lacquers are manufactured or kept for sale; (c) Where dry goods or other highly inflammable materials are manufactured or kept for sale; (d) Where rosin, turpentine, hemp, cotton or any explosives are stored or kept for sale; (e) Which is situated within twenty feet of the nearest wall of a building occupied as a school, theatre or other place of public amuse- ment or assembly, provided, however, that renewals of permits may be granted where the garage in question was in operation prior to the opening of the school, theatre or other place of public amusement or assembly, or has been in continuous operation under a permit is- sued therefor prior to May 1, 1915, and further provided that a permit may be issued for a garage hereafter erected within 20 feet EXPLOSIVES AND HAZARDOUS TRADES 301 of a building, the occupancy of which is enumerated in this sub- division, where the garage has no frontage on the same street with any frontage of such building, and the wall or walls of the garage adjacent thereto are constructed of brick, unpierced for a distance of at least 20 feet therefrom. (Amend. Aug. 8, 1916.) 152. Construction. 1. General regulations. Except as herein- after provided in this section, all garages hereafter erected shall be of strictly fireproof construction as to all rooms and compartments, where motor vehicles with gasoline in their fuel tanks, are stored: and all garages heretofore erected shall have all walls, ceilings and floors covered with fire retarding material in all rooms and compart- ments where motor vehicles, with gasoline in their fuel tanks, are stored. 2. Non-fireproof roofs, doors and windows, where permitted. Gar- ages not exceeding one story in height may have non-fireproof roofs and garages not exceeding two stories in height may likewise have non-fireproof roofs, provided the same are covered on the inside with approved fire retarding material in all cases where motor vehicles, with volatile inflammable oil in their fuel tanks, are stored or kept on the upper floor. Window openings and outside doors in such garages removed at least thirty feet from the nearest exposure, may be non-fireproof. 3. Non-fireproof construction, where permitted. Nothing in this section shall prohibit the erection or the granting of a permit for a garage of non-fireproof construction while the following conditions exist: (a) No volatile inflammable oil is stored except in the fuel tanks of the motor vehicles: (b) Fuel tanks of tne motor vehicles stored, are not opened, filled or drawn from in the garage; (c) Not more than 4 motor vehicles are stored; (d) The garage is situated at least 15 feet from the nearest building, unless the nearest wall of such building or the wall of the garage nearest such building is of unpierced fireproof construction; the provisions of this sub-division, however, to apply only to garages, hereafter to be erected. (As amend. Aug. 8, 1916.) 4. Converted buildings. The requirements herein stated for gar- ages hereafter erected shall apply to buildings erected after May 1, 1915, for any purpose, and thereafter converted for use for garage purposes. (New Amend. Aug. 8, 1916.) 4. Section 153 of article 11 of chapter 10 of the Code of Ordi- nances, is hereby amended to read as follows: 153. Certificate of fitness. Each storage garage containing more than four motor vehicles, shall be continuously under the care and supervision of one or more persons, each holding a certificate of fitness. The number of persons to hold such certificates shall be stated in the permit, but in no case shall there be required more than 3 for any garage. (Amend. Aug. 8. 1916.) 5. Section 154 of article 11 of chapter 10 of the Code of Ordi- nances, is hereby amended to read as follows: 154. Garages in buildings having dwelling occupancies when permitted. 1. In buildings otherwise occupied. A permit shall not be issued for a garage in a building occupied as a dwelling unless the 302 CODE OF ORDINANCES OF THE CITY OF NEW YORK ground floor area of the garage does not exceed 5,000 square feet and unless the occupants be the applicant or his employees or the applicant and one other tenant, or the applicant's employee and one other tenant, and provided that not more than two stories above the garage are occupied or used as living apartments, which apartments shall be separated from the garage by fire retarding walls and floors, not pierced except by one opening, protected by a fireproof self- closing door, and provided that there shall be an entrance to the liv- ing apartments direct from the street without passing through the garage. In case the building is occupied by two families and on two stories above the garage, a fire escape or other secondary means of escape must be provided for each story above the garage. (Amend. Aug. 8, 1916.) 2. Repealed. Ord. July 16, 1915. 155. Oil separators. 1. When required. No garage permit authorizing the storage of volatile inflammable oil shall be issued for any premises, storing more than 4 motor vehicles, which are not provided with an oil separator, trap or other similar apparatus attached to the house drain, for the purpose of preventing volatile inflammable oils from flowing into the sewer; provided, however, that the fire commissioner may exempt from the requirements of this section a garage draining into a short sewer line. 2. Oil receptacle. The oil receptacle of an oil separator shall not exceed 50 gallons capacity, and shall be emptied as often as may be necessary to prevent the oil from overflowing; and such oils as are recovered from the separator shall be removed from the garage within 24 hours after being taken from the separator. 3. Sewer connection. Each oil separator shall be connected to the house drain, and shall be so arranged as to separate all oils from the drainage of the garage. 4. Waste oil. All oils spilled on the floor of a garage shall be re- moved by sponging or swabbing, and poured into the drain leading to the oil separator. 156. Storage system. 1. Tanks. No garage permit authorizing the storage of volatile inflammable oil shall be issued for any premises which are not equipped with an approved storage system of sufficient capacity for the proper storage of such oil, which shall be installed in the manner prescribed in subdivisions 5. 6, 9, 13 and 14 of sec- tion 131 of article 9 of this chapter; provided that each tank shall be embedded in and surrounded by at least 12 inches of portland cement concrete, composed of 2 parts of cement, 3 parts of sand and 5 parts of stone, except that storage tanks installed in garages may have a capacity not exceeding 550 gallons each. (Amend. July 16, 1915.) 2. Receiving supplies. No barrel containing volatile inflammable oil shall be taken off the wagon delivering such oil to a garage, but the oil shall be delivered directly to the storage tank through the filling pipe, by means of a hose coupled to the barrel containing the oil and connected to the intake provided for in subdivision 6 of 131 of this chapter. No wagon or other vehicle engaged in the delivery of volatile inflammable oil shall be admitted to or taken within a garage or any portion thereof, and no person shall deliver or receive within a garage any volatile inflammable oil in a barrel or other EXPLOSIVES AND HAZARDOUS TRADES 303 similar receptacle, nor keep or store in a garage any barrel or other similar receptacle from which volatile inflammable oil has been drawn. 3. Approval of appliances. No storage tank, portable tank, oil separator, pump or other similar apparatus shall be installed in a garage unless it be of a type for which a certificate of approval shall nave been issued by the fire commissioner. Proper containers or devices to prevent or extinguish fire may be prescribed by the fire commissioner, who may issue certificates of approval therefor. (Amend. July 16, 1915.) 157. Supplying vehicles. 1. Method. No person shall deliver volatile inflammable oil from a storage tank to a motor vehicle, except by means of an approved portable tank or directly through the outlet of the drawing-off pipe by means of an authorized hose attachment. All lights on motor vehicles except electric lights shall be extinguished before volatile inflammable oil is delivered to fuel tanks. (Amend. July 16, 1915.) 2. Portable tanks. Each portable tank shall be of a capacity not exceeding 55 gallons, and shall be mounted on a substantial iron or steel frame, with rubber-tired wheels. The oil shall be discharged from the tank only through a hose not exceeding 16 feet in length, having a shut-off valve close to the outlet or nozzle. 3. Pumps; basement service. No pump or stationary outlet for delivery of volatile inflammable oil in a garage shall be allowed on any floor below the street level; and no person shall deliver any such oil to the tank of a motor vehicle while on a floor of the garage below the street level, unless such floor is provided with adequate natural ventilation. (Amend. July 16, 1915.) 4. Restrictions. No person shall sell, deliver or use volatile inflam- mable oil in or upon any premises covered by a garage permit for any purpose other than that of filling the tanks of motor vehicles, motorcycles, motor tricycles, motor coats, airships or aeroplanes, except that the use of gasoline in gasoline torches of a capacity not greater than 1 quart shall be permitted, but in the repair department only. 158. Lighting. No system of artificial lighting other than in- candescent electric lights shall be installed in any garage, unless of a type for which a certificate of approval shall have been issued. All incandescent lights shall be fitted with keyless sockets, and all electric switches and plugs shall be placed at least 4 feet above the garage floor. 159. Fire prevention. 1. Exposed flame or spark. No stove, forge, touch or other device employing name or fire, nor any electric or other apparatus which is likely to produce an exposed spark, except such electric apparatus as may be placed five feet or more above a floor of a garage, shall be. allowed in any garage unless it be placed in a room or compartment which is separated from the garage by a partition constructed of fire retarding material and provided with a self-closing fireproof door; provided, however, that electric motors may be of the fully enclosed type or provided with an ap- proved type "A." (fire department specifications) motor enclosure; the terminal blocks also shall be properly protected. No boiler or furnace shall be located in any garage unless separated from the re- 304 CODE OP ORDINANCES OF THE CITY OF NEW YORK mainder of the building by an unpierced fireproof wall, consisting of solid masonry of at least 8 inches in thickness or its equivalent; pro- vided, however, that where the construction of such unpierced wall shall oe impracticable the fire commissioner may permit such open- ings in such wall as may be necessary, and prescribe such protection therefor as in his judgment the particular case shall require. (As amend. July 16, 1916.) 2. Sand. Each garage shall be equipped with fire buckets filled with sand and kept on each floor, for use in extinguishing fire. A quantity of sand shall also be kept on each floor of a garage, for absorbing waste oil. The quantity of sand and the number of buckets for each garage shall be designated by the fire commissioner and stated in the permit. 3. Receptacles for waste. Each floor of a garage shall be equipped with self-closing metal cans; and all inflammable waste material shall be kept therein until removed from the building. 4. Storage of carbide. All calcium carbide stored in a garage shall be kept in water-tight metal containers with securely fastened covers; and the aggregate quantity kept on hand shall not exceed at any time 120 pounds. 6. Section 160 of article 11 of chapter 10 of the Code of Ordi- nances, is hereby amended to read as follows: 160. Oil selling stations. A permit may be issued by the fire commissioner for premises wherein the business of an oil selling sta- tion is to be conducted and such business shall be covered, except as to fees, by the regulation on the subject of storage garages in so far as they are applicable thereto. (Ord. app. Aug. 8, 1916.) ARTICLE 12 MOTOR VEHICLE REPAIR SHOPS Sec. 170. Permit. 171. Restrictions. Sec. 170. Permit. No person shall maintain or operate a motor vehicle repair shop without a permit; provided that such a permit shall not be required of a person holding a garage permit for the same or adjoining premises. (Amend. May 25, 1915.) 171. Restrictions. No person shall 1. Store or keep for sale in a motor vehicle repair shop any volatile inflammable oil or calcium carbide, except in the manner and sub- ject to the conditions prescribed by the fire commissioner; 2. Introduce or receive into such a repair shop any motor vehicle containing volatile inflammable oil, unless the building or that portion thereof in which the motor vehicle is introduced is con- structed of fire-retarding material. When such volatile inflammable oil is removed from the fuel tank of a motor vehicle within the repair shop, it shall be emptied directly from fuel tank into an approved safety can, portable tank, or approved storage system, ana when returned to the fuel tank it shall be so returned directly from such safety can, portable tank, or approved storage system. (Amend. May 25, 1915.) EXPLOSIVES AND HAZARDOUS TRADES 305 ARTICLE 13 DRY CLEANING AND DRY DYEING ESTABLISHMENTS Sec. 175. Permit. 176. Restrictions. 177. Equipment. 178. Operation. 179. Fire-prevention. , Sec. 175. Permit. No person shall maintain or operate a dry cleaning or dry dyeing establishment without a permit. 176. Restrictions. No permit to maintain and operate a dry cleaning or dry dyeing establishment shall be issued for any building: (a) In which the compartment wherein the volatile inflammable oil is used is situated within 50 feet of the nearest wall of any build- ing occupied as a school, hospital, theatre, or other place of public amusement or assembly; (b) Which is occupied as a tenement house, dwelling or hotel; (c) Which is of wooden construction; (d) In which the compartment wherein the volatile inflammable oil is used is artificially lighted by any means other than electricity. (e) Where drugs, cigars, cigarettes or tobaccos are kept for sale; (f) Where paints, varnishes or lacquers are manufactured, stored, or kept for sale; (g) Where drygoods or other highly inflammable materials are manufactured, stored or kept for sale; (h) Where matches, rosin, turpentine, hemp, cotton, or any ex- plosives are stored or kept. (i) Which is not equipped with an approved system for storing and handling all volatile inflammable oils, stored or used in such estab- lishments as prescribed in sub-divisions 5, 6, 9, 13 and 14 of 131 of Article 9 of this chapter. 177. Equipment. 1. Certificate of approval. No system for the storage of volatile inflammable oils shall be installed in any building used as a dry cleaning or dry dyeing establishment, unless it be of a type for which a certificate of approval shall have been issued. 2. Settling tank. At the close of each day all volatile inflammable oils remaining in the wash tank and extractors shall be transferred through continuous piping to an underground tank. Volatile in- flammable oils in a dry cleaning and dry dyeing establishment shall not be kept outside the dry cleaning room except in approved storage system, and shall not be transferred except by pumping directly from an approved storage system. (Amend. May 25, 1915.) 3. Roof-tanks. (Repealed May 25, 1915.) 4. "Wash tank" room. Each room or compartment wherein a "washing tank" is located shall be properly ventilated, and shall be equipped with self-closing fireproof doors and windows that can be easily opened from the outside. 5. Asbestos cloths or blankets. Each room or compartment in which a washing tank is located shall be equipped with one or more asbestos cloths orblankets to smother fire, the number and size of which shall be prescribed by the fire commissioner. (New. Ord. May 25, 1915 ) 306 CODE OP ORDINANCES OP THE CITY OP NEW YORK 6. Portable containers. All portable containers used to convey goods from washers to extractors shall be equipped with rubber tired rollers, wooden or fibre rollers or wooden bottoms. (New. Ord. May 25, 1915.) 7. Extractors. All extractors shall be constructed so that the gasoline extracted shall flow by gravity through the pipe into the settling tank of an approved storage system. (New. Ord. May 25, 1915.) 8. Drying tumblers. Drying tumblers shall not be permitted in rooms containing wash tanks, and shall be independently connected with the outer air in the manner prescribed for drying rooms. In no case shall they be heated above 150 degrees Fahr. (New. Ord. May 25, 1915.) 9. Containers or devices. Proper containers or devices to prevent or extinguish fire may be prescribed by the fire commissioner, who may issue certificates of approval for such devices. (New. Ord. May 25, 1915.) 178. Operation. 1. Settling, filtering and distilling. All volatile inflammable oil which has been used in the process of dry cleaning or dry dyeing shall be settled, filtered or distilled in a machine or apparatus, of a type for which a certificate of approval shall have been issued. 2. Sewer protection. No person shall discharge any volatile in- flammable oil into any public dram or sewer. 3. Supervision. The operation of a dry cleaning or dry dyeing establishment shall be continuously under the care and supervision of a person holding a certificate of fitness as manager thereof. The number of persons required to hold such certificates shall be deter- mined by the fire commissioner and stated hi the permit, but in no case shall there be required more than 3. 179. Fire prevention. 1. Steam extinguishing appliance. Each room or compartment wherein a "washing tank" is located shall be equipped with an approved steam fire extinguishing system, the supply valve for which shall be placed on the outside of the washing room with one valve so arranged that the steam can be instanta- neously turned on. 2. Buckets of sand. Each premises in which a dry cleaning or dry dyeing establishment is located shall be equipped with fire buckets filled with sand and kept on each floor, for use in extinguishing fire. A quantity of sand shall also be kept on each floor for absorbing waste oils. The number of buckets and the quantity of sand to be so kept shall be determined by the fire commissioner and stated in the permit. 3. Artificial lighting. No system of artificial lighting other than incandescent electric lights shall be installed in any building used as a dry cleaning and dry dyeing establishment, unless it be of a type for which a certificate of approval shall have been issued. All incandescent lights shall be fitted with keyless sockets and all electric switches and plugs shall be placed at least 4 feet above the floor. All electric switches shall be placed outside the room containing wash tanks, and outside all drying rooms. (Amend. May 25, 1915.) 4. Exposed flame or spark. No stove, forge, torch or other device employing flame or fire, nor any electric or other apparatus whict EXPLOSIVES AND HAZARDOUS TRADES 307 is likely to produce an exposed spark, shall be allowed in any building used as a dry cleaning or dry dyeing establishment, unless it be placed in a room or compartment separated from the remainder of the building by a partition constructed of fire retarding material and provided with a self-closing fireproof door; provided, however, that electric motors may be of the fully enclosed type or provided with an approved type "A" (fire department specifications) motor enclosure; the terminal blocks also shall be protected. No boiler or furnace shall be located in any such dry cleaning and dry dyeing establishment unless separated from the re- mainder of the building by an unpierced fireproof wall consisting of solid masonry, or its equivalent, of at least 8 inches in thickness; provided, however, that where the construction of such unpierced wall shall be impracticable, the fire commissioner may permit such openings in the wall as may be necessary, and prescribe such protection therefor as in his judgment the particular case shall require. (Amend. May 25, 1915.) 5. Carrying matches. No person shall carry matches into any room or compartment in which volatile inflammable oil is used or stored, and the person holding the certificate of fitness as the manager of the establish- ment shall be responsible for the enforcement of this section. He shall also see that all clothing intended to be dry cleaned is searched and all matches removed therefrom, before being brought into the compart- ments where volatile inflammable oils are stored or used. (Amend. May 25, 1915.) ARTICLE 14 MOTOR CYCLE REPAIR SHOPS AND STORAGE PLANTS Sec. 190. Permit. 191. Restrictions. 192. Fire prevention. 190. Permit. Except upon premises for which a permit has been issued under this article, no person shall conduct a repair shop, for motor cycles, nor store, house or keep, nor receive for storage, housing or keeping, more than four motor cycles containing gasoline in their fuel tanks; provided, however, that such a permit shall not be required for premises used as a garage under a permit duly issued therefor, nor for premises used for the storage or repair of motor cycles owned and oper- ated by members of but one family. 191. Restrictions. 1. Storage of oil. Such permit shall state the amount of kerosene and lubricating oils which may be stored on such premises, which amount shall not be exceeded. 2. Basement premises. No permit shall be granted for premises below the grade story of any building. 3. Tenement houses, etc. No permit shall be issued for any premises situated in any tenement house, hotel or frame building, or in any non- fireproof building in which there is a factory or place of public assemblage, unless: (a) The compartment enclosing such premises is of fire retarding material throughout, including doors and windows, and (b) All doors and windows opening from each compartment into other portions of the building are self-closing. 192. Fire prevention. In all premises for which a permit is issued under this article, the following regulations shall be complied with: (a) No misoline, except that in the fuel tanks of motor cycles, shall l>e permitted on the premises and such fuel tanks shall not be opened, dniAvn from or filled on the premises. (I)) Xo coal or oil burning stove shall be used. 308 CODE OP ORDINANCES OP THE CITY OP NEW YORK (c) No motor cycle or part thereof shall, under any circumstances, be cleaned by the use of gasoline. (d) Only electric lights shall be used, the bulbs of which shall be enclosed in wire cages or otherwise properly protected in a manner approved by the Fire Commissioner. Except under special authority from the Fire Commissioner, no gas or open flame shall be used for heating, lighting, or repair purposes. (e) Fire pails, filled v/ith sand, approved fire extinguishers and "no smoking" signs shall be provided in such number as the Fire Commis- sioner may require. 2. Section forty-three of such chapter is hereby amended by insert- ing therein a new subdivision, to be numbered twenty-six-a, and to read as follows: 26-a. Motor cycle repair shop or storage place, or both ... $5 00 Adopted February 6, 1917. Became effective February 20, 1917. ARTICLE 15 PAINTS, VARNISHES AND LACQUERS Sec. 200. Permit. 201. Restrictions. 202. Volatile inflammable oil. Sec. 200. Permit. No person shall manufacture, store or keep for sale paints, varnishes or lacquers or any other substances, mixtures and compounds commonly used for painting, varnishing, staining or other similar purposes, in quantities greater than 20 gallons without a permit. 201. Restrictions. No permit for the manufacture, mixing or compounding of paints, varnishes or lacquers shall be issued for any premises (a) Which ar.e situated within 50 feet of the nearest wall of a building occupied as a school, theatre or other place of public amusement or assembly ; (b) Which are occupied as a tenement house, dwelling, hotel, work- shop or factory; (c) Which are artificially lighted by any means other than electricity; (d) Where drugs, cigars, cigarettes or tobaccos are kept for sale; (e) Where drygoods or other highly inflammable materials are manu- factured, stored or kept for sale. 202. Volatile inflammable oil. No permit shall be issued for the storage and sale of volatile inflammable oil in any paint shop, in a tene- ment house, nor for the storage of such oil in excess of 20 gallons in any building occupied by two families, nor for the storage of such oil in excess of 55 gallons in any building occupied as a dwelling by one family. (Amend. May 25, 1915.) ARTICLE 16 CALCIUM CARBIDE Sec. 205. Permit. 206. Conditions. 207. Restrictions. Sec. 205. Permit. No person shall store or keep calcium carbide in excess of 120 pounds without a permit. 206. Conditions. 1. Containers. Each can, drum or container EXPLOSIVES AND HAZARDOUS TRADES 309 for holding calcium carbide shall be constructed of tin, iron or steel, without the use of solder. It shall be closed in such manner as to be air and water-tight, and shall be conspicuously marked CARBIDE DANGEROUS IF NOT KEPT DRY. 2. Place. Calcium carbide in excess of 600 Ibs. shall be stored in approved metal packages above ground in one-story buildings with- out cellar or basement and used exclusively for the storage of calcium carbide. Such buildings shall be constructed to be dry, waterproof and well ventilated and shall be located outside congested mercantile or manufacturing districts. If the storage building is of incombustible construction it may adjoin other one-story buildings if separated there- from by an unpierced fire wall; if the storage building be a detached structure and located less than 10 feet from such one-story buildings there shall be no openings in the adjacent sides of either buildings. If the carbide storage building is of combustible construction it must not be within 20 feet of other one-story or two-story buildings, nor within 30 feet of other buildings over two stories. (Amend. May 25, 1915.) 3. Warning. A building used for such storage shall have a sign con- spicuously displayed on the outside thereof bearing in letters at least twelve inches high the words CALCIUM CARBIDE USE NO WATER. 207. Restrictions. No permit shall be issued for the storage of calcium carbide in excess of six hundred pounds in any building (a) Which is not used exclusively for such storage; (b) Which is situated within fifty feet of the nearest wall of any building occupied as a hospital, school, theatre, or other place of public amusement or assembly; (c) Which is of wooden construction. ARTICLE 17 OASES UNDER PRESSURE Sec. 210. Permit. 211. Compressing. 212. Acetylene. 213. Oxygen blow-pipes. Sec. 210. Permit. No person shall compress, generate, store, or sell any acetylene, Blaugas, Pintsch gas or other gases and mixtures of gases or transport through a pipe from one locality to another any gas, unless otherwise herein provided for, at a pressure exceeding 6 pounds to the square inch, or atmosphere air to a pressure exceeding 100 pounds to the square inch, nor in quantities exceeding a total con- tainer capacity of 30 cubic feet, without a permit. (Amend. July 16, 1915.) 211. Compressing. 1. Capacity. No person shall store for sale any gas compressed to a pressure greater than 6 pounds to the square inch without a permit, except the following: (a) Nitrous oxide or oxygen for use for medical or surgical purposes in quantities not exceeding a total container capacity of 5 cubic feet for both gases, and in containers none of which shall have a capacity ex- ceeding 2.5 cubic feet; (b) Combustible gases under pressure exceeding 15 pounds per square inch, such as Blaugas and acetylene, in quantities not exceeding 500 cubic feet gas measure and in containers none of which shall have a rapacity exceeding 2.5 cubic feet. (c) Non-combustible liquefied gases except chlorine in quantities not exceeding a total container capacity of 1 cubic foot, and in containers none of which shall have a capacity exceeding 200 cubic inches. (Amend.) 310 CODE OF ORDINANCES OF THE CITY OF NEW YORK No person shall use or store for use within the city any gas com- pressed to a pressure greater than 6 pounds to the square inch, without a permit, except: (d) Non-combustible, non-liquefied gases, such as atmospheric air, oxygen, carbon dioxide, nitrous oxide, compressed to a pressure not exceeding 100 pounds to the square inch and in quantities not ex- ceeding a total container capacity of 30 cubic feet; (e) Non-combustible, non-liquefied gases, such as atmospheric air, oxygen, nitrous oxide, nitrogen, compressed to a pressure not exceeding 300 pounds to the square inch and in quantities not exceeding a total container capacity of 30 cubic feet, and in containers of which none shall have a capacity exceeding 6 cubic feet; (f) Non-combustible, non-liquefied gases, such as atmospheric air, oxygen or nitrogen, compressed to a pressure exceeding 300 pounds to the square inch and in quantities not exceeding a total container capacity of 20 cubic feet, and in containers none of which shall have a capacity ex- ceeding 2.5 cubic feet; (g) Combustible, non-liquefied, non-absorbed gases, such as hydrogen, illuminating gas, compressed to a pressure not exceeding 300 pounds to the square inch, and in quantities not exceeding a total container capacity of 30 cubic feet and in containers none of which shall have a capacity ex- ceeding 6 cubic feet; (h) Combustible, non-liquified, non-absorbed gases, such as hydrogen, illuminating gas, compressed to a pressure exceeding 300 pounds to the square inch and in quantities not exceeding a total container capacity of 10 cubic feet, and in containers none of which shall have a capacity ex- ceeding 2.5 cubic feet; (i) Soda water tanks containing carbonic acid under pressure not exceeding 150 pounds to the square inch, and in quantities not ex- ceeding a total container capacity of 20 cubic feet, and in containers none of which shall have a capacity exceeding 2 cubic feet; (j) Absorbed acetylene, under pressure not exceeding 250 pounds to the square inch, and in quantities not exceeding a total container capacity of 10 cubic feet, and in containers none of which shall have a capacity exceeding 2.5 cubic feet; (k) Non-combustible liquefied gases, except ammonia and chlorine, such as nitrous oxide, carbonic acid, sulphur dioxide, in quantities not exceeding a total container capacity of 12 cubic feet, and in containers none of which shall have a capacity exceeding 1.5 cubic feet. Anhydrous liquid ammonia not exceeding a total container capacity of 12 cubic feet, and in containers none of which shall have a capacity exceeding 5.5 cubic feet, except as otherwise provided in these regulations. (1) Combustible, liquefied gases, such as Blaugas, in quantities not exceeding a total container capacity of 8 cubic feet, and in containers none of which shall have a capacity exceeding 1.5 cubic feet. (Amend. July 16, 1915.) 2. Certificate of fitness. No gas shall be compressed or generated to a pressure greater than 15 pounds to the square inch, unless under the supervision of a person holding a certificate of fitness. (Amend. July 16, 1915.) 3. Construction. All tanks and cylinders used for the storage of gas under pressure shall be constructed of rolled, drawn or forged steel, and shall be either seamless, brazed, welded or riveted. Con- tainers now in use and purchased hereafter for storing and transport- ing compressed gases must be subjected, whenever they appear mate- rially weakened by use, but, at least once in five years, to a uniform interior pressure test, in which the test pressure must be as follows: For containers for liquid carbonic acid, liquid nitrous oxide, or Blaugas, 3,000 pounds to the square inch; For containers for liquid anhydrous ammonia, not less than 430 pounds to the square inch ; EXPLOSIVES AND HAZARDOUS TRADES 311 For containers for liquid chlorine, not less than 400 pounds to the square inch; For containers for liquid sulphur dioxide, not less than 250 pounds to the square inch; For containers for carbonated beverages in use at time of passage of this ordinance, not less than 300 pounds to the square inch; For containers for carbonated beverages manufactured and placed in use after September 1, 1917, not less than 500 pounds to the square inch. Adopted July 17, 1917. Became effective September 18, 1917. 4. Containers; certificate of approval. No person shall transport, store or sell any gas compressed to a pressure greater than 15 pounds to the square inch, except it be contained in a metal tank, cylinder or other metal container, or of a type approved by the fire commissioner or the interstate commerce commission. (Amend. July 16, 1915.) 5. Pressure gauge. Containers used for the storage of gas under pressure of more than 15 pounds to the square inch shall be provided with a pressure gauge, or with an opening to which such gauge may be attached, for determining the pressure of the gas in the container. After January 1st, 1916, no container exceeding 12 inches in length, containing liquefied gases, gases in solution or other gases under a pres- sure of more than 15 pounds per square inch at 70 F., except anhydrous ammonia, shall be filled within the city, except for immediate export; nor shall any such filled cylinder be brought into the city unless it be equipped with a safety device or fusible plug of a type approved by the fire commissioner or interstate commerce commission, to prevent the explosion of a normally charged cylinder when placed in a fire. (Amend. July 16, 1915.) 6. Stamped. Each container used for the storage or transportation of gas under pressure shall have plainly and permanently marked thereon the name of the original purchaser or manufacturer, or a mark by which the ownership or responsibility for filling the container can easily be established, and each container shall be identified by a serial number. When containers are tested a complete record shall be kept thereof, and this record, or a certified copy thereof shall, upon reasonable notice and demand, be produced for the inspection of the interstate commerce commission or the fire commissioner. (Amend. July 16, 1915.) 212. Acetylene. 1. Approval of generator. No person shall gen- erate acetylene, except in a generator or other suitable apparatus of a type for which a certificate of approval shall have been issued; pro- vided, however, that nothing contained in this section shall be con- strued as requiring a certificate of approval for an acetylene generator having a carbide capacity not exceeding 5 pounds. 2. Containing building. Each building or compartment used for the generation and compression of acetylene, to a pressure greater than 15 pounds to the square inch, shall be constructed of fire-resisting materials throughout, and shall be used for no other purpose. 3. Stationary apparatus. Each stationary apparatus for generat- ing acetylene shall be equipped with liquid seals, a safety valve, a blow- off valve or other automatic appliance for limiting the pressure of the gas to not more than 15 pounds to the square inch at a temperature of 70 F. The apparatus shall be installed in a waterproof compartment having the floor, walls and roof of brick or reinforced concrete. The size of such compartment shall not exceed that required to allow the free operation of the apparatus and the storage of the necessary carbide. Each such apparatus shall bear the name of the manufacturer and the year of its manufacture, and shall be identified by a serial number. 4. Compression. No person shall compress acetylene, nor transport, store or sell acetylene compressed to a greater pressure than 250 pounds to the square inch at a temperature of 70 F. 5. Dissolving and absorbing. No person shall generate, transport, 312 CODE OF ORDINANCES OP THE CITY OF NEW YORK store or sell acetylene compressed to a pressure greater than 15 pounds to the square inch, except when it be dissolved in acetone, or other similar solvent and simultaneously absorbed into asbestos or other suitable porous material; and confined in a tank or cylinder of a type for which a certificate of approval shall have been issued. 6. Liquid. No person shall generate, manufacture, transport, store or sell any liquid acetylene. 7. Residue of carbide. All solid residue of calcium carbide shall be promptly removed from the building and disposed of; and no person shall discharge any such residue into a public drain or sewer. 8. Storage tanks. All tanks and cylinders used for the storage of acetylene under pressure having originally passed the required test, shall be exempt from the quinquennial test but shall, be designed and constructed to withstand a pressure of 1,200 pounds to the square inch without rupture, and to withstand a pressure of at least 550 pounds to the square inch without exhibiting strain beyond the point of usefulness. Each tank and cylinder used for the storage of acetylene under pressure shall be tested to withstand a pressure of 500 Ibs. to the square inch; and no person shall generate, transport, store or sell acetylene in an apparatus, tank or other container in the construction of which unalloyed copper is used. No tank or cylinder containing acetylene in quantities aggregating more than 2,500 cubic feet shall be stored in any building except under a special permit. Acetylene contained in tanks or cylinders attached to ve- hicles and ready for use shall not be included in computing the quantity stored in any building. (Amend. July 16, 1915.) 9. Use in public entertainment. No person shall generate acetylene in connection with a motion-picture show or exhibition or other public entertainment. 10. Ventilating, heating and lighting. Each building or compart- ment used for the generation or compression of acetylene shall be well ventilated, shall be heated only by steam or hot water, and shall not be artificially lighted except by electric lights having airtight bulbs, globes or tubes. 11. Fire prevention. No stove, forge, torch, boiler, furnace, flame or fire, and no electric or other appliance which is likely to produce an exposed spark shall be allowed in any compartment used for the genera- tion or compression of acetylene. 213. Oxygen blow-pipes. 1. Certificate of approval. No person shall use oxygen and a combustible gas for heating, melting or welding, except in or through a blow-pipe or other similar device or apparatus of a type for which a certificate of approval shall have been issued. 2. Certificate of fitness. No person shall operate a blow-pipe or other similar device or apparatus for heating, melting or welding, without a certificate of fitness. (As amended.) 3. Permit. No person shall use oxygen in combination with a com- bustible gas, in or through a blow-pipe or other similar device, for heat- ing, melting or welding, without a permit. 4. Portable generators. No person shall use a portable generator in any building for the purpose of supplying gas to a blow-pipe or other similar device or apparatus, except where a certificate of approval for the generator has been issued, and then only, when a special permit has been issued for its use. 214. Regulations governing the manufacture and handling of soda water and carbonated beverages. 1. No person shall transfer carbonic acid from a container, with a pressure of more than 300 pounds per square inch, into a container of glass or metal, not capable of resisting a pressure equal to that in the original container, without a permit from the Fire Commissioner. 2. No person shall transfer carbonic acid from a container, with a pres- sure of more than 300 pounds per square inch, into a vessel or container of glass or metal, not capable of resisting a pressure equal to that of the EXPLOSIVES AND HAZARDOUS TRADES 313 original container, without interposing between the two containers a pressure reducing and regulating device and between the said pressure reducing and regulating device and a weaker container a safety device of a type approved by the Fire Commissioner. 3. No person shall transfer carbonic acid from a container with a pressure of more than 300 pounds per square inch into any vessel or con- tainer of glass or metal without a certificate of fitness. Adopted June 19, 1917. Became effective July 3, 1917. 214a. Liquefied chlorine. 1. Permit required. No person, firm or corporation, shall store, sell, use or transport any liquefied chlorine with- out a permit. 2. Certificate of fitness. No liquefied chlorine shall be used except under the constant supervision of person holding a certificate of fitness. 3. Compression. No chlorine gas shall be compressed in the City of New York. 4. Storage and use. Liquefied chlorine gas may be stored only in quantities specified by the fire commissioner and under the following conditions: (a) In approved fireproof buildings used exclusively for the storage of liquefied chlorine. Such buildings shall be approved only when all the materials entering into their construction, including flooring and trim and partitions, whether temporary or permanent are incom- bustible in character. (b) In enclosed lots or yards in sparsely settled sections, in the dis- cretion of the fire commissioner and under such restrictions as he may deem necessary. (c) In buildings used for other purposes than the storage of lique- fied chlorine, on the ground floor only, provided the containers of liquefied chlorine are located in a room or compartment constructed of fireproof or fire retarding material, which is easily accessible from the street or yard. If the room or compartment is not easily acces- sible from street or yard, it shall be provided with an approved au- tomatic sprinkler system by means of which the compartment may be readily flooded with water, all of which shall be in accordance with plans approved by the fire commissioner. Tho cylinders of chlorine gas may be placed in a receptacle, approved by the fire commissioner, so arranged as to be automatically flooded with cold water from a reliable source in case of fire. (d) No permit shall be issued for the use of liquefied chlorine above the grade floor, except in a building occupied exclusively by the per- son, firm or corporation using the liquefied chlorine and protected by an approved automatic sprinkler system, except that in special cases when- the use of liquefied chlorine existed prior to the adoption of these regulations this requirement might bo waived by the fire com- missioner. (e) The number of liquefied gas cylinders permitted above the grade floor shall not in any case exceed in number twice the number actually connected and in use at any one time and the cylinders shall be supported from the ground in such manner as not to be dependent for support upon any non-fireproof portion of tho building construction. (f) No permit shall be issued for the storage or use of liquefied chlorine in any building used for a hotel, lodging house, tenement house, or dwelling, or in any building, lot or enclosure located within 50 feet of the nearest wall of a building occupied as a hospital, school, theatre or other pl:ici- of public amusement or assembly. 6. Sale. No person, firm or corporation shall sell any liquefied chlorine for use within the City of New York, unless the purchaser thereof holds a permit to store or use liquefied chlorine. Adopted July 17, 1917. Became effective September 18, 1917. 314 CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 18 REFRIGERATING PLANTS Sec. 216. Permits. 217. Refrigerating plants. 218. Pressure. 219. Lights. 220. Precautions. 221. Exemptions. Sec. 216. Permits. Except as hereinafter provided in this article, it shall be unlawful to operate within the city any plant producing refrigeration by means of gases under pressure in connection with cold storage plants, breweries, ice manufactories, hotels, restaurants or other places, without a permit. 217. Refrigerating plants. 1. Construction. Each refrigerating plant shall be equipped with an emergency pipe or pipes by which, in case of accident, the gas under pressure can be discharged by a valve which can be opened both inside and outside the refrigerating plant into water, or brought into contact with sufficient water to absorb and carry off all gases so discharged. At the discretion of the fire com- missioner the emergency pipe or pipes may conduct the gases to a point at least 10 feet above the roofs of adjacent buildings into the open air. 2. Safety devices. All refrigerating machines shall be equipped with automatic safety devices, which discharge at 300 Ibs. pressure to the square inch for ammonia, 1,400 Ibs. pressure to the square inch for car- bon dioxide, 100 Ibs. pressure to the square inch for sulphur dioxide, and 100 Ibs. pressure to the square inch for ethyl chloride into the emergency pipes required by the preceding section or into the low pressure side. 3. Exits. In refrigerating plants built and erected after July 1, 1915, every room containing pipes carrying a refrigerating chemical under pressure exceeding 40 Ibs. per square inch for ethyl chloride, 60 Ibs. for sulphur dioxide, 100 Ibs. for ammonia and 500 Ibs. for carbon dioxide, and which by accident may become filled with the gases gen- erated by said chemicals, shall have an exit to the open air direct or by means of stairway or to a room or hall from which said gases can be ex- cluded. Other refrigerating plants shall be provided with such means of exit as the fire commissioner may prescribe. Rooms which contain only the liquid supply pipe to the refrigerator coils are not included within the meaning of this section. 218. Pressure. The maximum pressure allowed in refrigerating machines shall not exceed 300 Ibs. for ammonia, 1,400 Ibs. for carbon dioxide, 100 Ibs. for sulphur dioxide and 100 Ibs. for ethyl chloride to the square inch. All pipes used for refrigerating purposes shall stand a hydrostatic test of at least double the maximum pressure per square inch specified in this section. All fittings must be guaranteed to stand a pressure of at least three times the maximum pressure per square inch specified in this chapter. 219. Lights. No room containing refrigerating condensers or compressors of ammonia or ethyl chloride under pressure shall have in it any open flame, arc light or direct opening into the boiler room; but an internal combustion engine may be located therein, which may be started in the usual manner. There shall be a fire wall between such room and the boiler room, equipped with a self-closing door. 220. Precautions. 1. Helmets or respirators. In such large re- frigerating plants, as may be designated by the fire commissioner, there shall be kept, fit and available for use, suitable helmets or respirators which shall permit the wearer to reach, without suffoca- tion, any part of the refrigerating system. EXPLOSIVES AND HAZARDOUS TRADES 315 2. Pipes to be designated. In all refrigerating plants the pipes in the engine room shall have conspicuous signs, displayed at proper places, designating in easily legible letters the name of the refrigerat- ing chemical contained therein. 3. Rules. In all refrigerating plants there shall be posted several copies of a brief set of rules satisfactory to the fire commissioner, direct- ing all employees as to their duties in case of fire or other emergencies. Employers shall be responsible for the proper drill of all employees in such emergency duties. 4. Supervision. No refrigerating plant using ammonia or carbon dioxide as a refrigerant, nor any refrigerating plant using over eight pounds of ethyl chloride or eight pounds of sulphur dioxide as refriger- ants, shall be operated unless under the charge of a person holding a certificate of qualification issued by the police department. Any person holding a certificate of fitness to operate a refrigerating plant issued by the fire commissioner prior to the time when this ordinance takes effect shall be exempt from its provisions until the expiration of such certifi- cate. 5. Certificate of qualification. Upon the request of any person who makes application to the police department for a license or certificate aa engineer of any class or grade, or as to such applicant's qualifications to operate such a refrigerating plant, he shall be examined by said depart- ment as to his qualifications to operate a refrigerating plant, and if he is found to be so qualified, said department shall so certify; such certifica- tion to continue in force one year unless sooner revoked or suspended. Adopted June 12, 1917. Became effective June 26, 1917. 221. Exemptions. 1. Surplus storage. Refrigerating plants may store a surplus stock of the refrigerating chemical of two cylinders or, if necessary, a quantity not to exceed ten per cent, of the charge of the plant. No cylinders containing gas under pressure shall be stored in the boiler room. 2. Refrigerating machines of less than three tons capacity. The fire commissioner may exempt from the provisions of this article refrigerat- ing machines of less than three tons refrigerating capacity, provided a certificate of approval has been issued for such machine. (This article was added by ordinance May 25, 1915.) ARTICLE 19 NITRO-CELLUL08B Sec. 230. Manufacture. 231. Guncotton. 232. Nitro-cellulose products. 233. Scraps and other refuse materials. 234. Fire prevention. Sec. 230. Manufacture. No person shall manufacture any guncotton, soluble cotton or any other product of nitro-cellulose. 231. Guncotton. No person shall transport, store, sell, use or other- wise handle guncotton in any form, either alone or in combination with any other substance intended to be used as: (a) A blasting explosive, except in the manner provided in article 4 of this chapter; (b) A propelling charge except in the manner provided in article 5 of this chapter. 232. Nitro-cellulose products. 1. Permit. No person shall store or keep, manufacture or sell any nitro-cellulose product, as defined in 1 of this chapter, or manufacture any article therefrom without a permit. 316 CODE OF ORDINANCES OP THE CITY OF NEW YORK 2. Restrictions. No permit for the storage of nitro-cellulose products, except in quantities less than 100 pounds, for purposes of manufacture of articles therefrom, shall be issued for any building: (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, theatre, or other place of public amusement or assembly; (b) Which is occupied as a tenement house, dwelling or hotel; (c) Which is artificially lighted by any means other than electricity; (d) Which is of wooden construction; (e) Which is not equipped with an approved system of automatic sprinklers; (f) Where paints, varnishes or lacquers are manufactured, stored or kept for sale; (g) Where matches, rosin, turpentine, oils, hemp, cotton, or any ex- plosive, are stored or kept for sale. 3. Storage of raw material. All nitro-cellulose products in the form of blocks, slabs, sheets, rods, tubes or other shapes to be used as raw material shall be kept stored in a fireproof room or compartment, con- structed in accordance with plans submitted to and approved by the fire commissioner and in all cases shall be provided with suitable ventila- tion. 4. Supervision. All premises used for the storage of nitro-cellulose products, or for the manufacture of articles therefrom shall be contin- uously under the care and supervision of one or more persons, each hold- ing a certificate of fitness as superintendent or manager thereof. The number of persons required to hold such certificates shall in each case be stated in the permit. 5. Water-jet. Whenever, in the process of manufacturing articles from nitro-cellulose products, saws or cutting tools are used which are likely to heat the material to the firing point by friction or otherwise, a jet of water shall continuously play upon the point of contact. 233. Scraps and other refuse materials. 1. Fire-proof receptacles. No permit for the manufacture of any article composed wholly or in part of nitro-cellulose products shall be issued for any premises which are nol equipped with an approved metal receptacle or container; and all scraps, cuttings, shavings, sawdust and other refuse material of such products shall at frequent intervals be collected and placed in such re- ceptacle and kept continuously immersed in water. 2. Removal. No person shall store or keep scraps, cuttings, shavings, sawdust or other refuse material of nitro-cellulose products in quantities greater than 350 pounds; and all such scraps, cuttings, shavings, sawdust and refuse material shall be immediately removed and transported be- yond the city limits. 3. Traffic in. No person shall collect scraps, cuttings, shavings, saw- dust or other refuse material of nitro-cellulose products for the purpose of removing the same from the place of manufacture without a permit. The provisions of this subdivision shall not apply to persons holding permits issued pursuant to 232 of this chapter, but, in any case, all such material shall be placed in containers of substantial construction, and not more than 2,000 pounds thereof shall be transported as a single wagon or truck load. 234. Fire prevention. 1. Exposed flame or spark. No heat other than steam or hot water, and no stove, forge, torch, boiler, furnace, flame or fire and no electric or other appliance likely to produce an ex- posed spark shall be allowed in any room or compartment used for the storage of nitro-cellulose products, or in any room or compartment used for the manufacture of articles therefrom. 2. Fire-pails. No permit for the manufacture of articles from nitro- cellulose products shall be issued for any premises which are not equipped with at least 1 fire pail to every 2 persons employed therein; and all such pails shall be kept continuously full of water. EXPLOSIVES AND HAZARDOUS TRADES 317 ARTICLE 20 INFLAMMABLE MOTION FILMS Sec. 240. Permit. 241. Restrictions. 242. Storage-rooms. 243. Work-rooms. 244. Fire prevention. 245. Projecting machines. 246. Transportation. Sec. 240. Permit. No person shall store or keep on hand any in- flammable motion-picture films in quantities greater than 5 reels, or aggregating more than 5,000 feet in length, without a permit. (Amend. June 22, 1915.) 241. Restrictions. No permit for the storage of inflammable motion- picture films shall be issued for any building (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, theatre, or other place of public amusement or assembly ; (b) Which is occupied as a tenement house, dwelling or hotel; (c) Which is artificially lighted by any means other than electricity; (d) Which is of wooden construction; (e) Which is not equipped with an approved system of automatic sprinklers; (f) Which does not contain one or more separate rooms used exclu- sively for the storage of such films. (Amend. June 22, 1915.) 242. Storage-rooms. A room, vault or compartment used for the storage of inflammable motion-picture films shall not be artificially lighted except by electric lights having air tight bulbs, globes or tubes encased in suitable wire cages and fitted with keyless sockets. (Amend. June 22, 1915.) 243. Work-rooms. 1. Construction and fittings. All examining, re- pairing or piecing together of inflammable motion-picture films shall be done in a room used for no other purpose and separated from the rest of the building by fireproof partitions and self-closing fireproof doors. All furniture and fittings in a room where inflammable motion-picture films are repaired or pieced together shall be of metal or other fireproof material. 2. Quantity of film permitted. Not more than 10 reels, nor more than 10,000 feet in the aggregate of motion-picture films, shall be under examination or repair at one time; and each reel of films shall be kept in a tightly closed metal box when not being examined or repaired. 3. Receptacles for waste. Each room used for the repairing or piecing together of inflammable motion-picture films shall contain a metal can, wherein all waste parts and scraps of such films shall be placed and kept covered with water. 4. Supervision. All storage, manufacturing, repairing and examina- tion of inflammable motion-picture films shall be under the direct super- vision of one or more persons holding a certificate of fitness from the fire commissioner; such persons shall be charged with the enforcement of section 8 of this chapter prohibiting smoking. (Amend. June 22, 1915.) 244. Fire prevention. 1. Storage of cements. No collodion, amyl acetate or other similar inflammable cement or liquid in quantities greater than 1 quart shall be kept in a room where inflammable motion- pirturr films are stored or repaired. Premises wherein inflammable motion-picture films are stored, manufactured, repaired or examined shall l>e equipped with a number of sand and water buckets and fire ex- 318 CODE OF ORDINANCES OF THE CITY OF NEW YORK tinguishers satisfactory to the fire commissioner. (Amend. June 22, 1915.) 2. Heating appliances. No heat other than steam or hot water, and no stove, forge, torch, boiler, furnace, flame or fire, and no electric or other appliance likely to produce an exposed spark shall be allowed in any room used for the storage or repair of inflammable motion-picture films. 245. Projecting machines. No inflammable motion-picture film shall be used in any moving-picture projecting machine not enclosed in an approved booth. (Amend. June 22, 1915.) 246. Transportation. No person shall transport inflammable mo- tion-picture films in any underground subway train, or carry the same into any underground subway station, provided, however, that the pro- visions of this paragraph shall not apply to inflammable films trans- ported in the course of interstate commerce in railway baggage or ex- press cars under the jurisdiction and subject to the regulations of the interstate commerce commission. No person shall transport inflammable motion-picture films in any street car, elevated train, omnibus, ferry- boat or other public conveyance, or carry the same into any railway station or ferryhouse unless each film shall be separately enclosed in a tightly closed metal box. Not more than 8 films so enclosed shall be carried at one time by any person. (New. Ord. June 22, 1915.) ARTICLE 21 DISTILLED LIQUORS AND ALCOHOLS Sec. 250. Permit. 251. Restrictions. 252. Storage. 253. Distillation or rectification. Sec. 250. Permit. No person shall manufacture distilled liquors, spirits or alcohols of any kind, by distillation or rectification, without a permit, nor shall any person store or keep distilled liquors, spirits or alcohols of any kind, in quantities aggregating more than 10 barrels, of 50 gallons each, without a permit. 251. Restrictions. No permit shall be issued for the manufacture, distillation, rectification, or storage, of distilled liquor, spirits or alcohols, in any building (a) Which is situated within 50 feet of the nearest wall of any building occupied as a hospital, school, theatre or other place of public amusement or assembly; (b) Which is of wooden construction; (c) Which is not equipped with an approved fire extinguishing system. 252. Storage. No person shall store distilled liquors, spirits or al- cohols of any kind in excess of 1 barrel for each 4 square feet of floor space; and barrels containing liquors, spirits or alcohols shall not be stacked more than two high. 253. Distillation of rectification. No person shall distill or rectify liquors, spirits or alcohols in any room or compartment in which there is an open flame. (New. Ord. May 25, 1915.) ARTICLE 22 OILS AND FATS Sec. 255. Permit. 256. Restrictions. Sec. 255. Permit. No person shall store or keep on hand any oil, fat, grease or soap stock, exceeding the equivalent of 5 barrels, EXPLOSIVES AND HAZARDOUS TRADES 31S without a permit; provided that a person who holds a permit, issued in conformity with the provisions of article 8 or article 23 of this chapter, shall not be required to obtain a permit for the storage and use of such oils, fats, greases and soap-stock as may be incident to the business conducted thereunder. No person shall store upon any floor of a building any oil, fat, grease or soap-stock exceeding in weight one-third the safe bearing capacity of the floor, as certified to by the bureau of buildings, or covering when contained in barrels or other containers more than two-thirds of the floor space of such floor. 256. Restrictions. No permit shall be issued for the storage of oils, fat, greases or soap-stock in any building or premises (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, hospital, theatre, or any other place of public amusement or assembly; (b) Which is occupied as a tenement house or hotel; (c) Which is occupied as a workshop or factory, except such workshop or factory be incident to the business of the applicant; (d) Which is of wooden construction, except in sparsely populated districts, where it shall be within the discretion of the fire commis- sioner; (e) Which is not equipped with a fire extinguishing system satis- factory to the fire commissioner; (f) Where matches or any explosives are stored or kept. ARTICLE 23 TECHNICAL ESTABLISHMENTS Sec. 260. Permit. 261. Supervision. 262. Restrictions. Sec. 260. Permit. No person shall maintain or operate a technical establishment, as defined in 1 of this chapter, without a permit. Each such permit shall prescribe the maximum quantity of explo- sives, inflammable or combustible materials and substances to be stored, the method of storing and using the same, and the necessary rules for the handling thereof, as well as the number of persons re- quired to hold certificates of fitness. 261. Suj)ervision. No permit shall be issued under this title unless the establishment shall be continuously under the care and supervision of one or more persons, each holding a certificate of fitness as a superintendent or manager thereof. 262. Restrictions. No person shall store for use, or to use in any technical establishment any liquid acetylene, acetylide of copper or other metallic acetylide; fulminate of mercury, or any other fulminate or fulminating compound; nitroglycerine; chloride of nitrogen; amide or amine; blasting powder; smokeless powder; or gunpowder in any form ; or any volatile product of petroleum (except rhigoline) having a boiling point lower than 60 F. 320 CODE OP ORDINANCES OP THE CITY OP NEW YORK ARTICLE 24 WHOLESALE DRUG-STORES AND DRUG AND CHEMICAL SUPPLY-HOUSES Sec. 270. Special permit. 271. Passageways. 272. Restrictions. 273. Laboratory. 274. Light and power. 275. Prohibited materials. 276. Quantities of supplies allowed. 277. Storage. 278. Supervision. 279. Fire prevention. Sec. 270. Special permit. No person shall maintain or operate a wholesale drug store or drug and chemical supply house, as defined in 1 of this chapter, without a special permit. 271. Passageways. On each floor of a building occupied as a wholesale drug store or drug and chemical supply house, there shall be maintained, at distances not exceeding 15 feet apart nor more than 15 feet from either wall, open and unobstructed passageways at least three feet wide extending the entire length of the floor; and there shall be also maintained similar passageways running the entire width of the floor, the distance between which or from walls shall not exceed 25 feet. 272. Restrictions. No permit shall be issued for a wholesale drug store or drug and chemical supply-house in any building: (a) Which is situated within 50 feet of the nearest wall of any building which is occupied as a school, hospital, theatre, or other place of public amusement or assembly; (b) Which is occupied as a tenement house or hotel; (c) Which is occupied as a workshop or factory, except such work- shop or factory is incident to the business of the applicant; or except in buildings constructed of fire resisting materials throughout, and when the portion of such building occupied by the applicant is sep- arated from the rest of the building by fireproof walls and floors; (d) Which is not equipped with a fire extinguishing system ap- proved by the fire commissioner; (e) Which is of wooden construction. 273. Laboratory. 1. Construction. The operation of compound- ing medicinal preparations, proprietary articles and similar ma- terials, or analyzing or testing drugs, chemicals, medicinal prepara- tions, proprietary articles and similar materials, when explosive or inflammable substances are required, shall be conducted only in a room or part of the premises separated from the rest of the building by fireproof walls and floors and having all openings thereto fitted with self-closing fireproof doors and windows. 2. Heating. In laboratory operations where volatile inflammable oils or liquids are used as solvents or otherwise in compounding, dispensing or preparing medicinal preparations, proprietary articles and similar materials, or in recovering such solvents by distillation, the source of heat employed shall be hot water, steam or electricity EXPLOSIVES AND HAZARDOUS TRADES 321 only; the use of an open flame of any kind being expressly for- bidden. 274. Light and power. 1. Lighting. Cellars and basements used by wholesale druggist and chemical supply house, for the stor- age of volatile inflammable liquids shall be provided with a sufficient number of incandescent electric lights to insure proper illumination throughout. Such lights shall be fitted with keyless sockets and shall be controlled by a switch or switches, located at or near the entrance to such cellar or basement on the grade floor, with a sign at such switch or switches reading "Control of Basement Lights." In addition to the lights herein provided for, there may be installed such individual electric lights as may be required, provided that they shall be controlled by an independent circuit. (Amend. July 16, 1915.) 2. Power. No electric dynamo, motor hoist or other electric ap- pliance likely to produce an exposed spark, shall be allowed in a room or compartment of a wholesale drug store or drug and chemical supply house, unless it be protected in such manner as is prescribed by the fire commissioner. 275. Prohibited materials. No person shall manufacture or store in a wholesale drug store or drug and chemical supply house any of the following substances: 1. Acetylide of copper* 2. Amide of amine explosive; 3. Chloride of nitrogen; 4. Colored fire in any form; 5. Cymogene or any volatile product of petroleum (except rhigoline) or coal tar having a boiling point lower than 60 degrees Fahrenheit; 6. Flashlight powders; 7. Fulminate or any fulminating compound; 8. Guncotton; 9. Gunpowder in any form; 10. Liquid acetylene. 11. Nitro-glycerme, except in official U. S. Pharmacopoeia solu- tion, or in form of pills, tablets, or granules containing not more than l-50th of a grain each; 12. Picrates; 13. Potassium chlorate in admixture with organic substances or with phosphorus or sulphur; provided that this restric- tion shall not apply to the manufacture or storage of tab- lets of chlorate of potash intended for use solely for me- dicinal purposes; 14. Rubber shoddy. 276. Quantities of supplies allowed. No permit shall be issued for the storage in a wholesale drug store or drug and chemical supply house of any of the following substances in quantities greater than those set forth in the following schedule: 1. Explosives. Amyl nitrate in bottles 25 pounds Amyl nitrate in pearls 100 gross Carbon bisulphide 50 pounds Collodions 100 pounds in all 322 CODE OF ORDINANCES OF THE CITY OF NEW YORK Gases, liquefied: Anhydrous ammonia 2 cylinders Carbon dioxide 2 cylinders Nitrous oxide 2 cylinders Oxygen 2 cylinders Sulphide dioxide 2 cylinders Nitroglycerine, 1 per cent, solution in al- cohol 20 pounds Picric acid 25 pounds Soluble cotton 25 pounds in all 2. Volatile inflammable liquids (insoluble}. Benzine, benzole or naphthas of any kind 150 gallons in all Coal tar 1 barrel Coal tar oils (heavy) 10 barrels Crude petroleum 1 barrel Ethyl chloride and other ethers 200 pounds in all Ether, nitrous 100 pounds in 5-pound package or less Ether, sulphuric 500 pounds Rhigoline 2 dozen 1-pound tins Varnishes, lacquers, etc 275 gallons in all Wood creosote 5 barrels 3. Volatile inflammable liquids (soluble). Acetone 1 barrel Alcohol, denatured 10 barrels Alcohol, ethyl 10 barrels Alcohol, methyl 10 barrels Aldehyde, ethyl 5 gallons 4. Non-volatile inflammable liquids (insoluble). Amyl acetate 10 barrels Amyl alcohol 10 barrels Aniline oil 5 drums Cumol 5 barrels Essential oils 10,000 pounds in all Kerosene 1 barrel Nitrobenzole 5 drums Terebene 100 pounds Turpentine 10 barrels Toluol 350 pounds Xylol 100 pounds 5. Non-volatile inflammable liquids (soluble). Glycerine 5,000 pounds 6. Combustible solids. Metallic magnesium 100 pounds Phosphorus 11 pounds Phosphorus, red 11 pounds Sulphur 25 barrels in all 7. Gums, resins, pitch, etc. Burgundy pitch 5,000 pounds Camphor 8,000 pounds Gum thus 5 barrels Naphthaline . . 50 barrels in all EXPLOSIVES AND HAZARDOUS TRADES 323 Pitch (coal tar pitch) 2 barrels Resins, balsams and other varnish gums 8,000 pounds in all Resin 5 barrels Shellac 2,500 pounds Stockholm tar 1,000 pounds Tar refined (wood) 10 barrels Venice turpentine 2,000 pounds 8. Combustible fibres and powders (vegetable). Cotton, absorbent 2,000 pounds Cotton batting 10 Dales Excelsior 25 bales Flax 20 bales Jute 25 bales Lampblack 10 barrels Lycopodium 2,000 pounds Oakum 2 bales Pulverized charcoal 10 barrels Sawdust 15 bags Straw packing 10 bales 9. Dangerously corrosive adds. Anhydrous acetic 500 pounds Carbolic 15,000 pounds Glacial acetic 2,000 pounds Hydrochloric 15 carboys Hydrofluoric 500 pounds Sulphuric 15 carboys 10. Acids. Chromic 100 pounds lodic 5 pounds Nitric 3 carboys Nitric fuming 25 pounds Periodic 2 pounds 11. Peroxides. Barium 2 casks Calcium 100 pounds Hydrogen, U. S. P 5,000 pounds Other hydrogen peroxides, over 3 per cent., not to exceed 15 per cent 500 pounds Potassium 10 pounds Sodium 25 pounds 12. Chlorates. Barium 500 pounds Other metallic 100 pounds in all Potassium 1,000 pounds Sodium 1,000 pounds 13. Perchlorates. Potassium 10 pounds Other metallic perchlorates 10 pounds in all 14. Permanganates. Potassium 1,000 pounds Sodium 100 pounds Other metallic permanganates 100 pounds in all 324 CODE OF ORDINANCES OF THE CITY OF NEW YORK 15. Nitrates. Barium 1,200 pounds Bismuth subnitrate 2,500 pounds Cobalt 1,000 pounds Copper 100 pounds Iron, ferric 200 pounds Mercury (mercuric) 100 pounds Mercury (mercurous) 10 pounds Potassium 2,000 pounds Silver 50 pounds Sodium 1,000 pounds Strontium 1,200 pounds Other metallic 500 pounds in all 16. Metallic oxides. Lead binoxide . . 25 pounds Lead (litharge) 1,200 pounds Lead (red) 500 pounds Mercury; yellow precipitate (mercurous) 200 pounds Mercury; red precipitate (mercuric).. . . 100 pounds Silver 10 pounds 17. Substances made dangerous by con- tact with other substances. Calcium carbide 60 pounds Metallic potassium 5 pounds Metallic sodium 5 pounds All other metals of the alkalies or alka- line earths 5 pounds in all Phosphides 10 pounds Zinc dust 100 pounds. The fire commissioner may in his discretion, and when no unusual hazard is presented thereby, authorize the storage of greater quan- tities than those set forth in the foregoing schedule, or the storage of other substances not specified therein. (Amend. July 16, 1915.) 277. Storage. 1. Chemical affinity. No person shall store chemicals in close proximity to each other when they are of an explosive nature, or when one increases the energy of decomposition of the other, or when they are so constituted that they may react upon one another and become explosive or inflammable. 2. Liquids. The storage of acids or liquid chemicals which may cause explosions or combustion by flowing into, upon or among chemicals or other substances, shall be provided with safety catch basins or similar device, so that in case of the leakage of such acids or liquids no danger to life or property will result. Carboys contain- ing nitric acid shall be stored only on brick concrete or asphalt floors, and in a vault or vaults situated below the street level; and it shall be unlawful to permit sawdust, hay, excelsior, or any organic sub- stance, or other acids or chemicals in close proximity to such carboys or stocks of nitric acid. A sufficient quantity of sand or infusorial earth shall be provided for absorbing all waste liquids from floors. (Amend. July 16 1915.) 3. Volatile inflammable oil. Volatile inflammable oils, or liquids containing volatile inflammable oil, shall be stored in conformity, with the provisions of articles 8, 9 and 10 hereof. EXPLOSIVES AND HAZARDOUS TRADES 325 278. Supervision. Each wholesale drug store or drug and chemical supply house shall be continuously under the care and supervision of one or more persons, each holding a certificate of fitness as manager or superintendent or foreman thereof. The num- ber of persons required to hold such certificates shall be stated in the permit. 279. Fire prevention. 1. Combustible waste. No person shall store or accumulate broken wood, waste paper or waste packing material of any kind in any part of the building where goods are packed or unpacked; such material shall be removed at the close of each day. Empty barrels, drums or containers from which volatile inflammable oil or other inflammable liquid has been taken, shall be removed from the premises as soon as possible, and in no case shall they be stored therein more than 24 hours. 2. Matches. No person shall keep or carry matches in a cellar or in a packing room of a wholesale drug store or drug and chemical supply house, or in any part of the premises where volatile inflam- )le oils or highly combustible substances are stored or handled. 3. Packing rooms. Packing rooms shall be located as remotely aa practicable from large stocks of stored goods; and the packing room floor shall be kept as free as possible from hay, excelsior and other combustible packing material during work hours. At the close of each day, tables, floors and all parts of the packing room shall be swept clean of such materials, and the sweepings gathered into a metal box or other proper receptacle, which shall be kept closed at night. ARTICLE 25 RETAIL DRUG STORES Sec. 290. Permit; restrictions. 291. Quantities of supplies allowed. 292. Storage. 293. Fire prevention. Sec. 290. Permit; restrictions No person shall maintain or op- erate a retail drug store, as defined in 1 of this chapter, without a permit, but no such permit shall be issued authorizing the manufac- ture, compounding, dispensing or storing of any of the drugs or chemicals specified in 275 of this chapter. 291. Quantities of supplies allowed. No permit shall be issued for the storage, sale or use in a retail drug store of any of the follow- ing substances in quantities greater than those set forth in the fol- lowing schedule: 1. Adds. Carbolic 100 pounds Hydrochloric 200 pounds Nitric 15 pounds Picric 1 ounce Sulphuric 200 pounds 2. Volatile inflammable liquids. Acetone 5 pounds Amyl acetate 1 gallon 326 CODE OF ORDINANCES OF THE CITY OF NEW YORK Amyl alcohol 1 gaiion Amyl nitrate 2 ounces in 1-ounce bottles 6 dozen pearls Ethyl alcohol 1 barrel Benzine, benzole and naphtha of any kind 5 gallons in 4-ounce bottles or pint tins Carbon bisulphide 3 pounds Collodion 5 pounds Denatured alcohol 1 barrel Ether, sulphuric 5 pounds Methyl alcohol 1 barrel Other ethers, in all 2 pounds Turpentine 1 barrel 3. Inflammable liquids. Essential oils 100 pounds in all Glycerine 500 pounds Pine tar 10 pounds 4. Combustible solids. Aluminum (powder) 1 pound Balsams and resins 50 pounds in all Camphor 350 pounds Charcoal, powdered 10 pounds Lampblack 10 pounds Magnesium (powder) 8 ounces Magnesium (ribbon) 8 ounces Naphthalene 4 barrels Phosphorus, red 2 ounces Phosphorus, yellow 1 ounce Rosin 10 pounds Sulphur and brimstone 250 pounds in all 5. Combustible fibres. Cotton, absorbent 150 pounds hi cartons Cotton, batts 10 pounds in closed boxes or other containers Cotton, loose 5 pounds in closed boxes or other containers Excelsior, hay and straw 2 bales (except in stores lo- cated in tenement houses) Lint 10 pounds in closed boxes or other containers Oakum 10 pounds in closed boxes or other containers 6. Oxidizers. Barium peroxide 1 pound Bismuth subnitrate 20 pounds Calcium peroxide 5 pounds Chromic acid 1 pound Lead oxide (red) 5 pounds Lime, unslaked . . 200 pounds in sealed metal cans All other metallic bichromates or chro- mates 50 pounds in all EXPLOSIVES AND HAZARDOUS TRADES 327 Mercuric oxide (red) 2 pounds Mercurous oxide 2 pounds Mercury nitrate 1 pound Phosphides 10 ounces in all Potassium bichromate 10 pounds Potassium chlorate 25 pounds in 5-pound con- tainers or less Potassium nitrate 50 pounds Potassium perchlorate 1 ounce Potassium permanganate 5 pounds Silver nitrate 1 pound Silver oxide 1 ounce Sodium bichromate 10 pounds Sodium chlorate 5 pounds Sodium nitrate 25 pounds Sodium permanganate 1 pound The fire commissioner may in his discretion, when no extra hazard is permitted thereby, authorize the storage of larger quantities of substances than those set forth in the foregoing schedule, or of other explosives or inflammable substances not specifically named therein. (Amend. May 25, 1915.) 292. Storage. 1. Chemical affinities. No person shall store chemicals in close proximity to each other when they are of an explosive nature, nor when one increases the energy of decomposition of the other, nor when they are so constituted that they may react upon one another and become explosive or inflammable; 2. Volatile inflammable oils. No person shall manufacture, com- pound, store or dispense volatile inflammable oil, or substances con- taining volatile inflammable oil, except under the conditions pre- scribed in articles 8, 9 and 10 of this chapter. 293. Fire prevention. 1. Combustible waste. No person shall store or accumulate broken wood, waste paper, or waste packing material of any kind, in any part of the premises where goods are packed or unpacked. Such materials shall be removed at the close of the day. 2. Lighting. Cellars and basements used by retail drug stores for the storage of volatile inflammable liquids shall be provided with a sufficient number of incandescent electric lights to insure proper illumination throughout. Such lights shall be fitted with keyless sockets and shall be controlled by a switch or switches, located at or near the entrance to such cellar or basement on the grade floor, with a sign at such switch or switches reading "Control of Base- ment Lights." In addition to the lights herein provided for, there may be installed such individual electric lights as may be required, provided that they shall be controlled by an independent circuit. (Amend. May 25, 1915.) 328 CODE OP ORDINANCES OP THE CITY OP NEW YORK Sec. 300. Violations. ARTICLE 26 MISCELLANEOUS Sec. 300. Violations. Any person who shall willfully violate or neglect or refuse to comply with any provision of this chapter, in addition to any other penalties prescribed by law or ordinance, shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. (Amend. May 25, 1915.) FIRE-ARMS 329 CHAPTER 11 Fire-Anns Article 1. General provisions. ARTICLE 1 GENERAL, PROVISIONS Sec. 1. Pistols or revolvers, keeping or carrying. 2. Discharge of small-arms. 3. Sale of toy-pistols. 4. Cannon firing. 5. Violations. Sec. 1. Pistols or revolvers; keeping or carrying. Every person to whom a license shall be granted to have and possess a pistol or revolver in a dwelling or place of business in the city shall pay therefor an an- nual fee of $1. Every person to whom a license shall be granted to have and carry concealed a pistol or revolver in the city shall pay therefor an annual fee of $1.00; provided, that no fee shall be charged or collected for a license to have and carry concealed a pistol or revolver which shall be issued upon the application of the commissioner of correction, or the warden or superintendent of any prison, penitentiary, workhouse or other institution for the detention of persons convicted or accused of crime or offense, or held as witnesses in criminal cases in the city. The fees prescribed by this section shall be collected by the officials issuing the licenses referred to herein and shall be paid by them into the police pension fund, and a return in detail shall be made monthly to the comptroller by such officials of the fees so collected and paid over by them. (Amend. May 11, 1915.) See the "Sullivan Law," L. 1914, ch. 460, 1897, Penal Law. 2. Discharge of small-arms. No person shall fire or discharge any gun, pistol, rifle, fowling-piece or other firearms in the city; pro- vided that the provisions of this section shall not apply to the following places: 1. In the Borough of Manhattan. Subd. 1. The territory embraced within the areas of the three reser- voirs in Central Park, including the embankments thereof, to enable the Commissioner of Water Supply, Gas and Electricity preserve waters of the city from pollution by seagulls; the bulkhead shed of Pier 58, North River, on the street level, occupied by the Mercantile Ma- rine Rifle Club; the premises of the Bohemian American Sharp Shooters Concord, located at 321-325 East 73rd street; Grand Central Palace on Lexington Avenue between 46th and 47th streets; the quarters of tin- Inwood Division of the Home Defense League at 4880 Broadway; the quarters of the Rifle and Revolver Club of New York, Inc., in the basement of the premises located at No. 1140 St. Nicholas Avenue; the I'olo Grounds, 8th Avenue at 157th street; the grounds of the New York Motor Boat Club on the Hudson River, west of the railroad tracks, extending from tho north side of 146th Street, to the south side of 148th Street ; the sub-basement of the premises of The Chemical Na- tional Hank at 270 Broadway. 2. In the Borough of The Bronx. The Country Club, on Eastchester Bay; tho grounds of IVlham Gun Club, foot of East Scofield street, 330 CODE OF ORDINANCES OP THE CITY OF NEW YORK City Island; the grounds of the City Island Yacht Club, at the foot of Cross street, City Island; the grounds of the Pleasant Bay Gun Club at Morris' Cove, Ferry Point road, Unionport; the grounds of the Bronx County Rod and Gun Club, at Higgs Beach, Clascn Point; the grounds of the Whitcomb Gun Club, on the Schieffelin Estate in Eden- wald. The grounds of the Harlem Yacht Club, Inc., at Hunter avenue, about 150 feet north of Dittmar street, on Pelham Bay, City Island the grounds of the Pelham Gun and Boat Club at the foot of Dittmar street, City Island; the grounds of the Whitcomb Gun Club at the Eastern Boulevard and Fort Schuyler road; the grounds of the Broad Channel Yacht Club on Jamaica Bay, on the easterly side of the railroad trestle extending 200 feet over the waters of Jamaica Bay; the grounds of the Horace Mann School for Boys, at Fieldston road and West 252d street; the grounds of the Miss'um Gun Club, on the westerly side of Pelham Bay, 150 feet south of Layton avenue, Throgg's Neck; the grounds of Macombs Dam Park used by the War Department Em- ployees Welfare Association, Inc., the grounds of the Old Crow Gun Club, at Morris' Cove, Ferry Point Road, Unionport; the grounds of the Hunter Island Gun Club, located on the west side of Shore road, 100 feet south of Phillips avenue, Throggs Neck; the quarters of the Boys' Club in the basement of the Emanuel Baptist Church, 216th street and White Plains avenue; the athletic field of the Clason Point Military Academy, located west of Sound View avenue, Clason Point. 3. In the Borough of Brooklyn. The grounds of the Bergen Beach Gun Club, in Bergen Beach; the grounds of the Bensonhurst Yacht Club, at the foot of Twenty-second avenue, facing Gravesend Bay; the grounds of the Bay View Gun Club, in the meadow lands, south- east corner of Cleveland street and Vandalia avenue, New Lots; the grounds of the Millrose Athletic Association, at the foot of Bay Eleventh street, Bath Beach; the grounds of Thomas J. Dunne, located on the East side of Surf avenue, distant 100 feet east of West 35th street, Coney Island; the grounds of the United Sporting Club, on the meadow lands south of the corner of Jerome street and Fairfield avenue, New Lots; the grounds of the Excelsior Bensonhurst Gun Club, Abraham's Hotel, Conklin avenue and East 95th street; the grounds of the Marine and Field Club, Cropsey avenue and Bay, 13th street; the grounds of Boy Scout Troop No. 9, located in the sand pit near the corner of Far- ragut Road and East 41st street; the basement of the Community House, First Baptist Church, Lee avenue and Keap street. 4. In the Borough of Queens. The Oakland Golf Club, Bayside and meadowland on Flushing creek; Cypress Hills Park, Evergreen; the grounds of the Stimmel Rod and Gun Club, foot of Bayside avenue, Whitestone; the grounds of the Bayside Yacht Club on Little Neck bay; the grounds of the College Point Gun Club in the meadow lands at the southeast corner of College Point causeway and Eleventh avenue, College Point; the grounds of the Long Island Rifle Club at Rosedale avenue and Foster's Meadow road, Rosedale; the grounds of the Forest Hills Country Club, on the Flushing meadow at the southwest corner of Ibis street and Water-edge avenue, Forest Hills; Witzell's Grove, at College Point; the grounds of the Little Neck Yacht Club, located at the sandpit on Little Neck bay; the grounds of the Jamaica Bay Yacht Club, located at Rockaway Beach; the grounds of the College Point Gun Club, located on the meadow land between College Point and Flushing, bounded as follows: on the east by the tracks of the Long Island Railroad, on the west by the Causeway, on the north by College Point, and on the south by Flushing; the grounds of the College Point Rifle Club, 25th street and Third avenue, Whitestone; the grounds of the Little Neck Bay Yacht Club, Bayside; the grounds of the Jamaica Avenue Gun Club, between Brandt's Hotel and Union Turnpike, Flush- ing; the' grounds of the Malba Field and Marine Club, Malba; the premises of James I. Reynolds, 24 Degrauw Avenue, Jamaica; the FIRE-ARMS 331 grounds of the Douglaston Company of the Home Defense League in the gravel pit east of Jackson avenue, on the road to the water works, Douglaston; the grounds of the Forest Hills Gun Club, situated on the marsh lands east of Seminole avenue, Forest Hills; the premises of the General Chemical Company, situated between Montgomery, Hobson and Halle Avenues, and the Long Island Railroad, Laurel Hill; the quarters of Company A of the Home Defense League, in the cellar of the old armory on Amity Street, Flushing; the grounds of the Flushing Rod and Gun Club, on the south side of Flushing Creek, west of Strong's Causeway; the grounds of the Kew Gardens Country Club, located in Kew Gardens, Richmond Hill, Long Island. 5. In the Borough of Richmond. The Robin Hood Gun Club, Fourth ward; Westerleigh Men's Club, south of Main street, West New Brighton; the grounds of the Northfield Gun Club on Old Stone Park, Granite- ville, Third ward; the field of the West End Gun Club, situated on Woodrow road, midway between Huguenot avenue and Foster road, Huguenot; the grounds assigned to the use of the Boys' Brigade on the Cole farm at Great Kills; the grounds of the Kreischerville Rifle Club, located near Kreischerville, about 500 yards east of Fresh Kill road and 200 yards south of Sharrott's road. (Amend, ord. effective June 5, 1916.) As amended at various times. 3. Sale of toy-pistols. No person shall sell or dispose of to a minor any toy-pistol or pistol that can be loaded with powder and ball or blank cartridge to be exploded by means of metal caps; but nothing herein contained shall apply to the sale or disposal of what are known as firecracker pistols, torpedo pistols or such pistols as are used for the explosion of paper caps. 4. Cannon firing, No member of a military organization nor any other person shall discharge a cannon or other piece of artillery, without a permit from the mayor so to dp; but, in no case shall the calibre of the cannon or other piece of artillery discharged or fired ex- ceed that of a 4-pounder. The provisions of this section, except that relating to the calibre of the gun, shall not be operative on July 4th, in each year. 5. Violations. Any person who shall willfully violate any provi- sion of this chapter, shall, upon conviction, be punished by a fine of not more than $50, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. 332 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 12 Fires and Fire Prevention Article 1. Fire extinction. 2. Fire prevention. ARTICLE 1 FIRE EXTINCTION Sec. 1. Jurisdiction over harbor fires. 2. Idle or suspicious persons may be dispersed. 3. Fire hose; hose bridges. 4. Fire-hydrants. 5. Fire-alarm telegraph. 6. Street-fires, permits required. 7. Violations. Sec. 1. Jurisdiction over harbor fires. In case of fire occurring on any vessel in the port of New York, or in or upon any dock, wharf, pier, warehouse, building or other structure bordering upon or adjacent to said port, full power and authority to direct and com- mand the operation of extinguishing said fire, and to take the neces- sary precautions to prevent communication thereof to the shipping in said port or to the docks, wharves, piers, warehouses or other buildings or structures bordering upon or adjacent thereto, shall be vested in the fire department of the city. The officers of the fire department, in charge at the scene of any such fire, shall have full power and authority to direct the operation of extinguishing the same, and to take the necessary precautions to prevent the com- munication thereof to the shipping in said port, or to any docks, wharves, piers, warehouses or other buildings or structures bordering upon or adjacent thereto; and, in the course of such operation, they may prohibit the approach to such fire, or to a vessel, dock, wharf, pier, warehouse or other building or structure in danger therefrom, of any tugboat or other vessel, or of any person; or may remove, or cause to be removed and kept away from the vicinity of such fire, all tugboats or other vessels, all idle and suspicious persons and all persons not fit to be employed, or not actually and usefully employed, in their judgment, in aiding the extinguishing of such fire or in the preservation of property in the vicinity thereof. No person shall in any way obstruct the operations of the fire department in con- nection with any harbor fire, nor disobey any lawful command of the officers of the department, in charge at the scene of such fire, or of the police in co-operating with them; provided, that nothing in this section contained shall be construed to limit the authority of the master or officers of any vessel, on fire or in danger from fire, subject to the general authority granted herein of the department FIRES AND FIRE PREVENTION 333 to control operations in the protection of the public interests. (Char- ter, 756.) 2. Idle or suspicious persons may be dispersed. During the actual prevalence of any fire, the officers of the police and fire de- partment shall remove, or cause to be removed and kept away from the vicinity of such fire, all idle and suspicious persons, and all per- sons not fit to be employed, or not actually and usefully employed in aiding the extinguishment of such fire or in the preservation of property in the vicinity thereof. (Charter, 755.) 3. Fire hose; hose-bridges. No driver of a vehicle, nor chauffeur of a motor-vehicle, shall drive any such vehicle over or across any hose in use, or about to be used, or while lying in the carriageway after being used by any portion of the fire department, for extin- guishing fire; but the provisions of this section shall not apply to drivers of wagons carrying the United States mail, nor to drivers of ambulances when conveying any patient or injured person to any hospital, or when proceeding to the scene of any accident by which any person or persons have been injured; nor to the driver of any vehicle directed or permitted to drive over or across any such hose, by the officer of the fire department in command of the force operating at a fire. The fire commissioner is empowered to provide for laying fire hose over the railway tracks of the city, when necessary, by suitable hose-bridges. Railway companies operating cars within the city shall provide, pay for and use such hose-bridges as may be designated by the commissioner. (Charter, 749 and C. O.) 4. Fire-hydrants. 1. Opening or tampering with. No person, other than an employee of the department of water supply, gas and electricity, or the fire department, shall open, use or tamper with a fire-hydrant or high-pressure hydrant, without previous permission in writing from the commissioner of water supply, gas and electricity: nor shall any person leave such a hydrant open for a longer period than shall be limited in the permission or use water for other purposes than shall have been authorized by the commissioner. 2. Obstructing. No person shall in any manner obstruct the use of any fire hydrant, or allow any snow or ice to be thrown or piled upon or around the same, or place, or allow to be placed, any material or thing in front thereof, from the curb line to the center of the street and to within 10 feet from either side thereof. All snow and ice accumulating in the street, within the space hereinbefore mentioned, shall be removed by the owner, lessee, or tenant, of the premises fronting the said space, hi the same manner as is prescribed for the keeping clear of the sidewalk. All material or things found obstruct- ing any fire hydrant may be forthwith removed by the officers or employees of the fire department, at the risk, cost and expense, of the owner or claimant. The fire commissioner shall take all proper measures to keep hydrants from freezing, and hi proper condition for use at all times. (C. O. 288, with 750, Charter.) 5. Fire-alarm telegraph. 1. Protection of. The fire-alarm tele- graph system shall not be operated or used except by the fire com- missioner, or officers and employees of the fire department charged with its operation or maintenance or authorized to use it for instruc- tion or drill; provided policemen and citizens may freely operate the .and the general management of said market as may be made by the commissioner of public markets of the City of New York. (Added by ord. appd. Feb. 3, 1919.) 27. Third avenue market. All space beneath and under the Third avenue bridge at 129th street and Third avenue, bounded by the interior walls under said bridge on the east and west from the bulk- head line at the north, Third avenue and East 130th street on the south to the curb lines thereof, is hereby declared to be a public market and shall beset aside for such purposes during the pleasure of the board of aldermen subject to such rules and regulations concern- ing fees, the hours of doing business and the general management of said market as may be made by the commissioner. (Ord. effective Jan. 4, 1915.) 28. Atlantic avenue market, Brooklyn. So much of lands in the Twenty-sixth ward, borough of Brooklyn, as are bounded and described as follows, to wit: Bounded on the east by Miller avenue, thence running westerly along Atlantic avenue and under a present elevated structure of the Long Island Railroad to Pennsylvania avenue, being at present an unpaved section of the street between 378 CODE OF ORDINANCES OF THE CITY OF NEW YORK \ the north and south paved driveways and approximately forty feet wide, are hereby declared to be a public market, to be known as the "Atlantic avenue public market," and shall be set aside for such purposes during the pleasure of the board of aldermen, subject to such rules and regulations concerning fees, the hours of doing busi- ness and the general management of said market as may be made by the commissioner of public markets of the city of New York. (Added by ord. appd. July 17, 1919.) 29. Union square market. So much of the lands in the borough of Manhattan as are bounded and described as follows, to wit: Beginning at a point on the northeast line of Union square; running thence northerly and parallel with Fourth avenue, about 98 feet to the southerly house line of 17th street; thence westerly along the southerly house line to 17th street about 218 feet to Broadway; thence southerly and parallel with Fourth avenue about 98 feet to the northerly line or Union square; and thence easterly along the northerly line of Union square about 218 feet to the place of begin- ning, in said borough, shall be set aside and apart for a public market for the sale of plants and flowers, and shall be known as the Union square market. (Ord. effective June 17, 1913.) 30. Wallabout market. 1. So much of the lands lying between the following boundaries in the borough of Brooklyn: On the north, Flushing avenue; on the south, Wallabout Creek; on the west, East avenue; on the east, Clinton avenue, with the exception of the portion of land already set aside by ordinance for the use of the de- partment of docks, and lands leased or controlled by the Pennsyl- vania Railroad company. 2. Farmers' square. The portion of Wallabout market in the borough of Brooklyn, commonly known as "Farmers' square," shall be kept for the exclusive use of farmers and market gardeners. (Charter, 164.) 3. Leases. The commissioner shall have the sole power to lease any portion of the Wallabout market lands and renew existing leases, on such terms and such rentals as may be agreed upon between him and the lessees or holders, subject to the following provisions as to the rate of rent: In case the amount of rent for any renewal term of any lease be not agreed upon, as aforesaid, by the 1st day of January preceding the expiration of the previous term, the same shall, if either the commissioner or the lessee or holder shall so elect, be fixed as now provided by law, except that the rent may, in the discretion of the commissioner be reduced. The rents for such renewal terms, whether agreed upon as above provided, or fixed as now provided by law, shall not be less than an amount equal to 2-3 of the rent of the preceding term, nor exceed an amount equal to the rent of the pre- ceding term and 1-3 thereof in addition thereto. The commissioner may at any time with the consent of the lessee or holder, vary or modify any of the provisions of any lease of such lands. 31. Washington market. The lands contained in the block bounded by Washington street, Fulton street. West street and Vesey street, in the borough of Manhattan, shall be set aside and apart for a public market, and shall be known as Washington market. (New.) 32. West Washington market. The lands in the borough of MARKETS 379 Manhattan bounded on the north by Bloomfield street and the north side of West 14th street, on the south by the south side of Gansevoort street, on the west by 13th avenue, 10th avenue, and marginal street, from West 13th street to West 14th street, and on the east by 9th avenue, are hereby dedicated to market purposes, and shall be used and occupied as such, in the manner that may be desig- nated and prescribed by the commissioners of the sinking fund, who shall have full power and authority in respect thereto. The commissioners may, in their discretion, lease any of said lands for such term of years, with such covenant and for such annual rentals, as in their judgment, shall be for the best interests of the city, or continue the use of the same as a public market. (Amended by ord. appd. Oct. 26, 1917.) 33. Jamaica market. So much of the lands in the Borough of Queens bounded and described as follows, to wit: Beginning at a point in Jamaica, Borough of Queens, known as Archer avenue (Twombly place) where said Archer avenue (Twombly place) is intersected from the north by Twombly place (Twombly place); running thence westerly on Archer avenue (Twombly place) on the northerly side of and parallel to the Long Island Railroad, approxi- mately 900 feet to a point where Archer avenue (Twombly place) is intersected from the north by 151st street* (Division street) and between the house lines of said Archer avenue (Twombly place) in said borough be set aside and apart between the hours of 4 a. m. and 10 a. m. daily, for the purpose of a wholesale terminal curb market, for sale of fruits, vegetables and produce and shall be known as Jamaica market. (Ord. appd. Dec. 17, 1919.) Adopted, June 14, 1921. Approved June 22, 1921. ARTICLE 3 FARMERS AND MARKET-GARDENERS Sec. 50. License required. 51. Market wagons. 52. Removal of obstructions. Sec. 50. License required. Any farmer or market gardener, desir- ing to use any public market, may present to the collector of city revenue and superintendent of markets on affidavit stating his name, residence, occupation and a general description of the commod- ities which he desires to sell in such market, together with a request that a license be issued to him for market privileges. On the filing of such affidavit, and the payment of a nominal fee sufficient to defray the cost of issuing the license, the collector of city revenue and superintendent of markets, if satisfied that the applicant is a rep- utable person, shall issue to him a license to use such market for a period not to exceed one year. All licenses issued under this section shall be numbered and registered, in the office of the collector of city revenue and superintendent of markets, and there shall be issued to each licensee a market tag or plate, in such form and design as shall be prescribed by the comptroller, upon which the number of the 380 CODE OP ORDINANCES OP THE CITY OP NEW YORK license shall conspicuously appear. No unlicensed farmer or market gardener shall be permitted to use any public market, arid, while an} licensed farmer or market gardener shall be exercising market privi- leges, he shall at all times cause to be displayed conspicuously the tag or plate containing the number of his license. (Charter, 163, in part.) 51. Market wagons. The owner of every cart or other vehicle, used for the purpose of bringing meat, garden produce or other thing to any of the public markets to be sold, shall cause his name to be painted in a plain manner and on a conspicuous part of such cart or vehicle. (C. O., 83e.) 52. Removal of obstructions. All vehicles, boxes, baskets, market produce and other articles and things brought into any mar- ket or market place, or placed upon a street or sidewalk adjacent to any market, shall be removed therefrom by the licensee, or other person responsible for such obstruction, at the close of market- hours, or sooner, if required by the collector of city revenue and superintendent of markets or his authorized subordinate. (C. O., 83c.) ARTICLE 4 MANUFACTURE AND SALE OF ICE Sec. 60. Application for license; domestic use defined; standard fixed. 61. License; fee. 62. Metal plates to be attached to vehicles; removal. 63. To be weighed when sold; avoirdupois weight or standard measurement prescribed. 64. Prohibited sources of supply. 65. Duty of commissioner; inspections required. 66. Ice for domestic use; restriction of sale. 67. General penalty. Sec. 60. Application for license; domestic use defined,' standard fixed. Every person or corporation desiring to engage in the business of manufacturing, harvesting, retailing and selling any ice in the City of New York, from house to house, or to hotels, restaurants, pur- veyors of ice cream and beverages, or other places where such ice so sold and delivered may be used in contact with articles of food or drink (which use is hereinafter referred to as "domestic use"); or where such ice is to be used solely for cooling purposes, shall, before engaging in such business, file a written application with the commissioner of public markets for a license therefor, stating in such application the place or places where such ice is to be or has been cut, manufactured, or gathered, the means of delivery, the location of the depots or places in the City from which such ice is to be delivered, and the quality of the ice intended to be sold. Such application shall be verified by the oath of the applicant, or, if the applicant is a corporation, by the oath of some officer thereof. All ice to be sold or delivered within the City for domestic use as aforesaid shall be pure and healthful ice, free from matter deleterious MARKETS 381 to health; and such ice is hereby defined to be ice which upon chemi- cal and bacteriological examination shall be found to be free from nitrates and pathogenic bacteria and to contain not more than nine one-thousandths of one part of free ammonia and nine one-thou- sandths of one part of albuminoid ammonia in each one hundred thousand parts. 61. License; fee. The commissioner shall examine such applica- tion, and if it shall appear to him therefrom that the ice intended to be sold is such ice as may under this article be lawfully sold and de- livered in the City, for domestic use as aforesaid, the commissioner shall issue such application, conditioned that the applicant shall comply with all the ordinances relating to the cutting, manufactur- ing, storing, selling and delivery of ice, and with all lawful rules and regulations of the department of public markets and the depart- ment of health, touching the ice business and touching the protec- tion and care of articles of drink and food materials, and that the applicant will not sell or give away any ice containing any substance deleterious to health during the period of his li cease, except as here- inafter provided. Upon receipt of such application, if such applica- tion shall be approved by the commissioner, he shall issue or cause to be issued to such applicant a license authorizing the applicant to engage in the business of retailing and selling ice, either for domestic use solely or for packing or cooling purposes solely, or for both pur- poses, for and during the period of such license. Such license shall be issued for an annual period beginning on the first day of May in each year, and the fee therefor shall be $5 for each period or fraction thereof, payable in advance, and from each applicant operating more than one vehicle the fee shall be at the same annual and proportionate rate for each vehicle so employed. 62. Metal plates to be attached to vehicles; removal. Every person or corporation licensed under the provisions of this article shall have securely fastened on each side of the outside of the box of each wagon or other vehicle used by him or it, in and about the business of vending or distributing ice, a metal plate not less than ten inches long and six inches wide, having stamped or plainly marked thereon the words "New York City Ice Dealer" and a number corresponding to the number of the license of the ice dealer owning, controlling or using such wagon or vehicle. Such plate shall also have marked thereon the year or period for which such license is issued. Such plate shall be furnished by the commissioner and shall be of a dif- ferent color and design for each year. No person or corporation licensed under the provisions of this article shall use or cause to be used in and about the business of vending or distributing ice in the City, any wagon or other vehicle which shall not have attached thereon metal plates, in accordance with the provisions of this section, and it shall be the duty of such person or corporation, at the expiration of the license year or period for which such metal plates were issued, to remove or cause to be removed, such plates from such wagon or other vehicle, or destroy the same, and no such metal plates shall be used on any wagon or other vehicle at any time other than during the period or year for which such plates were issued. 63. To be weighed when sold; avoirdupois weight or standard 382 CODE OF ORDINANCES OF THE CITY OF NEW YORK measurement prescribed. Every person or corporation selling ice or offering ice for sale, at the time of delivery of any ice sold, shall weigh the quantity of ice delivered, and for that purpose shall he provided with a steel-yard balance or other apparatus for weighing such ice, which shall have been duly adjusted and sealed by an in- spector of weights and measures, in accordance with the provisions of this ordinance, or should be sold standard cubic measurement, and all ice sold within the City shall be sold by avoirdupois weight or standard measurement. Any person or corporation selling or offering for sale ice within, or delivering ice to any person within the City, who shall violate any of the provisions of this section, shall be fined not less than $25 nor more than $100 for each offense, or have his license revoked at the discretion of the commissioner. 64. Prohibited sources of supply. No person or corporation shall sell or deliver in the City any ice for domestic use, as aforesaid, which shall have been taken or gathered from any stagnant or pol- luted part of the Hudson River, or any of its branches, or from any body of water which is stagnant, or in which refuse, industrial waste, garbage, sewage or any other material tending to destroy the purity of the ice cut or obtained from such water, and no ice shall be sold or delivered in the City for domestic use, as aforesaid, which shall have been taken from any lake, pond, river, stream or other body of water, where ever located, which is defiled by sewage, garbage, ashes, decaying vegetation, refuse or waste from any industry, or by any other substances tending to make the ice cut or obtained from such water impure and unhealthful, according to the standard fixed by this article for ice. 65. Duty of commissioner; inspections required; to make rules and regulations. It shall be the duty of the commissioner to examine or cause to be examined, from time to time, the places where ice is gathered or is to be gathered, or has been gathered, for sale and de- livery, as aforesaid, and all places where such ice may be stored or kept, and every vehicle in which the same may be delivered on any part of its route from the place where it is gathered to the consumer, and to examine and cause to be examined, from time to time, ice so sold or delivered, or to be sold or delivered, so far as he may deem necessary or expedient, to ascertain whether such ice is pure and healthful and free from matter deletrious to health, according to the standard fixed in this article; and if, from such examination, it shall be found that any person or corporation has sold or dis- tributed, or is selling or delivering, any ice for domestic use, as aforesaid, below the said standard or any ice contrary to the pro- visions of this article, such person or corporation may be fined not less than $25 nor more than $100 for each offense, and at the dis- cretion of the commissioner, for repeated offense may have his license revoked. The commissioner shall, from time to time, make such reasonable rules as to the storing and delivery and inspection of ice to be sold or delivered for domestic use, as aforesaid, as will prevent the dis- tributing for domestic use, as aforesaid, of any impure ice or ice containing deleterious substances according to said standard. The commissioner shall, from time to time, when necessary, MARKETS 383 make investigation of the manufacturing, harvesting, storing and delivery of ice to be sold or delivered for domestic use, and shall have the power to make such reasonable rules, and enforce the same, as will prevent profiteering in the distribution of ice for domestic use. 66. Ice for domestic use; restriction of sale. No ice designated or intended to be sold, offered for sale or delivered for domestic use, shall be sold, offered for sale or delivered from any wagon or other vehicle used in vending or distributing of ice to be used for packing or cooling purposes. 67. General penalty. Any person or corporation violating any of the provisions of this article shall be fined, where no other penalty is herein expressly provided for, in a sum of not less than $25 nor more than $100 for each offense. The judgment may also direct that a person so fined be imprisoned until the fine be satisfied, speci- fying the extent of the imprisonment, which cannot exceed one day for everv one dollar of the fine. The license of a person or corpora- tion so fined may be revoked, at the discretion of the commissioner. The provisions of this article shall not be construed to curtail, limit or affect any of the powers, jurisdiction or authority of the board of health in the department of health of the city of New York. Adopted June 28, 1921; approved July 5, 1921. 384 CODE OP ORDINANCES OF THE CITY OP NEW YORK CHAPTER 16 Municipal Civil Service Article 1. General provisions. 2. Special provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Officers and employees to be residents. 2. Vacations. 3. Hours of service during July and August. Sec. 1. Officers and employees to be residents. No person not a citi- zen and an actual resident and dweller, in good faith, in the state of New York shall be eligible to appointment or employment in any of the departments, boards, bureaus, or branches of the government of the city, except in institutions which care for the sick and infirm, and in clinics or dispensaries which furnish medical or surgical advice or treatment, and in laboratories offering facilities for the diagnosis of disease or the analysis of food and drugs. Any person who now is or who shall become, after such appointment or employment, a citizen, resident or dweller outside the state of New York, shall thereby forfeit his said appointment or employment and shall be removed therefrom. The provisions of this section shall not apply to appointments or employments for services or work to be per- formed for the city outside the state of New York; nor to a tem- porary appointment or employment for a specific service or work, where peculiar or exceptional qualifications of a scientific, profes- sional or educational character are necessary. Prior to such tem- porary appointment or employment, evidence in writing shall be furnished that the services or work to be performed cannot be well done by any citizen and actual resident of the state of New York who is available, and that the non-resident person proposed to be appointed is generally recognized as one possessing such exceptional qualifications in a high degree. No appointment or employment under this section shall be valid unless the consent of the mayor shall be first obtained. He may require the municipal civil service commission to pass upon the matter and certify whether such ap- pointment or employment be necessary, and, also, whether the non- resident person proposed therefor be competent and necessary, for lack of a citizen and actual resident of the state of New York who is available for appointment. Adopted April 2, 1918. Approved April 6, 1918. 2. Vacations. 1. Salaried employees. The executive heads of the various departments, and the bureaus thereof, of the city, includ- ing the department of education, shall grant a vacation of not less than 2 calendar weeks in each year to every employee for whom provision is made for continuous or yearly service; provided, that if any employee has been less than 1 year in the service, it shall be within the discretion of the executive head of the department or MUNICIPAL CIVIL SERVICE 385 bureau having jurisdiction to grant such vacation. Vacations authorized h>v this subdivision may be extended for such period of time as the duties, length of service, and other qualifications of the employee may warrant. 2. Per diem employees. A vacation shall be granted during the months of June, July, August and September of each year to each per diem employee, who has been in the service of the City for at least six months prior to each June first and who shall waive all claims to any rights or privileges under chapter 121 of the Laws of 1913. Such vacation shall consist of two weeks. This subdivision shall not apply to per diem employees who are engaged to furnish professional or expert services at a per diem rate. Adopted June 3, 1919. Approved June 10, 1919. 3. Time of vacation. The heads of the various departments and bureaus may fix the time when vacations shall be given, except that per diem employees, other than those of the board of water supply, department of parks and the department of water supply, gas and electricity shall be given vacations only during the months oil June, July, August and September. (Effective June 20, 1916.) 4. Compensation. For all vacations granted under this section, the same compensation shall be allowed as if the recipient were ac- tually employed. (Ord. June 6, 1914.) 3. Hours of service during July and August. Four hours upon any Saturday, during the months of July and August, shall consti- tute a full day's work for all employees of any department or bureau of the city. The head of a department or bureau shall have power to employ his subordinates upon any legal holiday, or may employ them upon any such Saturday in excess of the legal day's work above prescribed, paying them compensation therefor at the rate of their usual wages or salaries. The provisions of this section shall apply to and include per diem employees, but shall not apply to the uniformed forces of the police and fire departments. (Ord. June 24, 1913.) ARTICLE 2 SPECIAL PROVISIONS Sec. 10. Employees of fire or police department; reinstatement. Sec. 10. Employees of fire or police department; reinstatement. Employees of the fire or police department, not entitled to a trial before dismissal, and who were given an opportunity to explain charges before they were removed, may apply to the mayor, within one year from the date of the order separating them from the service, for a further opportunity to explain, setting forth the reasons for such action. The mayor may, in his discretion, grant the applica- tion. The fire or police commissioner shall, thereupon, afford a further opportunity to the dismissed employee, to explain the charges filed against him, on which the removal was based. Thereafter, the fire or police commissioner may, in his discretion, reinstate the dismissed employee or reaffirm the previous removal; but, prior to any reinstatement under this section, the former employee shall file a written statement waiving all claim or claims for back salary iind damages of any kind whatsoever. (Ord. Mar. 4, 1914.) 386 CODE OP ORDINANCES OP THE CITY OP NEW YORK CHAPTER 17 Parks, Parkways and Park-Streets Article 1. General provisions. 2. Traffic regulations. 3. Building and other projections. 4. Miscellaneous. The power of the Board of Aldermen to pass Park Ordinances is prescribed in the Greater New York Charter (L. 1897, ch. 378, sec. 47), and the Revised Charter (L. 1901, ch. 466, sec. 43). By Laws 1904, chapter 678, section 1, amending section 610, Laws 1901, chap- ter 466, the Park Rules in force May 1, 1904, were made a chapter in the City Ordi- nances and amendments when adopted by the Park Board became effective when copies were filed with the City Clerk. The following is taken from the Park Ordinances, adopted March 18, 1912. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. 2. Interfering with lands or improvements thereon. 3. Sub-surface disturbances. 4. Over-head wires. 5. Destruction of or injury to park property. " 6. Preservation of lawns and grass plots. 7. Bringing trees, plants and flowers into parks. 8. Use of roller skates. 9. Rubbish and refuse matter. 10. Processions; drills; music. 11. Public meetings. 12. Sales or exhibitions. 13. Posting bills or placards. 14. Bathing, fishing, boating and skating. 14a. Camping. 15. Protection of animals, birds and reptiles. 15a. Baseball and other games. 16. Animals at large. 17. Disorderly conduct. 18. Custodian of minors. Sec. 1. Definitions. Unless otherwise expressly stated, whenever used in this chapter, the following terms shall respectively be deemed to mean: 1. Commissioner, or the commissioner, the park commissioner having jurisdiction of a particular park, or park-street, as hereinafter defined; 2. Park, any park, parkway, square, circle, or concourse, or part thereof, under the jurisdiction of the park department; 3. Park-street, a street, avenue, boulevard or other highway, under the jurisdiction of the park department; 4. Permit, a written authorization for the exercise of a specified park privilege, issued by the park commissioner having jurisdiction. 2. Interfering with lands or improvements thereon. No person PARKS, PARKWAYS AND PARK-STREETS 387 shall modify, alter or in any manner interfere with the line or grades of any park or park-street, nor take up, move or disturb any curb, gutter stone, flagging, tree, tree-box, railing, fence, sod, soil or gravel thereof, except by direction of the commissioner or under his permit. 3. Sub-surface disturbances. No person shall open, expose or interfere with any water or gas pipe, hydrant, stopcock, sewer, basin or other construction, within or upon any park or park-street, nor make any connection therewith, except under the authority of a permit, and upon the deposit of such sum of money as may be re- quired by the commissioner to insure the restoration of the soil, plants, shrubs, trees, sidewalk, pavement, curb, gutter and flagging disturbed in- the making of such connection. 4. Overhead wires. No person shall attach or string any electric or other wire, or adjust or carry the same into or over any park or park-street, except under a permit. 5.- Destruction of or injury to park property. No person shall cut, break or in any way injure or deface any tree, shrub, plant, grass, post, railing, chain, lamp, lamppost, bench, tree-guard, building, structure or other property in or upon any park or park- street, nor shall any fallen branches be cut or removed without a permit. It shall be unlawful also to bring into any park any tool or instrument, such as a hatchet, axe or saw intended to be used for the cutting of branches of trees, or trees or other property. 6. Preservation of lawns and grass plots. No person unless he shall hold a special permit therefor or unless a special permit thore- for shall have been issued to a group of which he is a member shall go upon any lawn or grassplot in any park or parkway except when permission therefor shall have been given to the public by the com- missioner. 7. Bringing trees, plants, and flowers into parks. No person shall bring into or carry within a park any tree, shrub, plant or flower, or newly plucked part thereof, without a permit. 8. Roller skates. No person shall use roller skates, push mobiles or any similar device upon any sidewalk, foot-path bridle path or driveway, nor in any building or place of public assembly, except upon such walks and during such hours as may be designated by the commissioner. 9. Rubbish and refuse matter. No person shall throw, cast or lay, or direct, suffer or permit any servant, agent, employee or person in his or her charge, to throw, cast or lay, any ashes, offal, vege- tables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth or rubbish of any kind whatsoever in any park, or in any lake, lawn, path, walk, road or drive thereof, or in any park-street; pro- cided that in the morning before 8 o'clock, or before the first sweep- ing of the roadway of any park-street by the street cleaners, dust from the sidewalk may be swept into the gutter, if there piled, but not otherwise. 10. Processions; drills; music. No parade, drill or manceuver of any kind shall be conducted, nor shall any person play upon a musical instrument or display any flag, banner, target, sign, placard or transparency in any park, nor shall any civic or other procession form or move therein, without a permit; but no such permit shall be necessary for the use of the parade ground adjacent to Prospect. 388 CODE OF ORDINANCES OF THE CITY OF NEW YORK Park, Borough of Brooklyn, by organizations of the National Guard of the State of New York. 11. Public meetings. No person shall erect any structure, stand or platform, or hold any meeting, or perform any ceremony or make a speech, address or harangue in any park without a permit from the commissioner having jurisdiction. 12. Permits for sales, exhibitions, etc. No person shall exhibit, sell, or offer for sale anything whatsoever, or take any photograph, or perform any personal service or hire in any park or parkway, or in any street, square, or public place under the jurisdiction of the department of parks except under a permit from the commissioner of parks of the borough in which such park or parkway, street, square, or public place is situated or otherwise than in accordance with the terms of such permit, provided, however, that the provisions of this section shall not apply to public hack stands maintained in streets adjacent to public parks, pursuant to section 99, article 8, chapter 14 of the Code of Ordinances. 13. Posting bills or placards; distributing cards, circulars or pam- phlets. No person shall post any bill, placard, notice or other paper upon any structure, tree, rock, article or thing within any park or upon any park-street, nor paint or affix thereon, in any other way, any advertisement, notice or exhortation, except, under a permit and in strict conformity therewith. No person shall dis- tribute, hand out or cast about any card, circular, pamphlet or other printed matter within any park or upon any park-street. The placing, or using for any other purpose than reading, of newspapers, or other papers, on the lawns or benches of public parks, is forbidden. As to posting placards "on private property, see People v. Green, 85 App. Div. 400. 14. Bathing, fishing, boating and skating. No person shall bathe in, nor disturb in any way the fish in, the waters or fountains of any park, nor cast any substance therein; except, that in the waters adjacent to Pelham Bay Park bathing and fishing shall be permitted, subject to the rules and regulations prescribed by the commissioner. Fishing may also be allowed in the lakes of Prospect Park and Kissena Park, under permits. No person shall be per- mitted to appear in bathing costume or in any other than customary street attire in any park or parkway, except on the beaches in Pel- ham Bay, Seaside, Dreamland, Jacob Riis and Rockaway Parks. No boat or vessel shall be placed upon any of the waters of any park, except by special permit. No skating or sledding shall be allowed on any park lakes, unless and until the ice is declared to be in a suitable condition by the commissioner. 14a. Camping. No person shall tent or camp or erect a tent or camp in a public park, or public place under the jurisdiction of a Park Commissioner, without a permit. 15. Protection of animals, birds and reptiles. No person shall hunt, chase, shoot, trap, discharge or throw missiles at, or molest or disturb in any way, any animal, bird, or reptile in any park. 15a. Baseball and other games. No person shall throw, cast, catch, kick or strike with any implement whatever, any baseball, golf ball, foot-ball, basket ball, bean bag, or other object in or upon any park or parkway, or any square, circle, concourse, playground, PARKS, PARKWAYS, AND PARK-STREETS 389 street, avenue, boulevard or other highway under the jurisdiction of the park department, or on any recreation pier, without a permit therefor issued by the commissioner or his supervisor of recreation nor otherwise than in accordance with the terms of such permit. 15b. Golf. Caddies shall not be brought by players upon any of the golf courses under the jurisdiction of any commissioner, without permission of the commissioner or his representative in charge. 16. Animals at large. No horse or other animal shall be al- lowed to go at large in any park or upon any park-street, except dogs that are restrained by a chain or leash not exceeding 6 feet in length. 17. Disorderly conduct. No person shall, in any park: 1. Use threatening, abusive or insulting language; 2. Do any obscene or indecent act; 3. Throw stones or other missiles; 4. Beg or publicly solicit subscriptions or contributions; 5. Tell fortunes: 6. Play cards or other games of chance, or use or operate any gaming table or instrument; 7. Climb upon any wall, fence, shelter, seat, statue or other erection; 8. Fire or carry any firearm, firecracker, torpedo or fireworks; 9. Make a fire; 10. Enter or leave except at the established entrance-ways; 11. Loiter at night where there is no light, in automobile, or other vehicle, or otherwise. It shall be unlawful after 12 o'clock midnight to loiter in any park, under any circumstances, unless general or special permission shall be given by the Park Commissioner. 12. Do any act tending to a breach of the public peace; 13. Bring into any park or consume publicly, any beverage con- taining alcohol; 14. Bring, land or cause to descend or alight any aeroplane, air- ship, flying machine, balloon, parachute or other instrumentality for aviation in, on or upon any park or parkway, without a permit; 15. The Commissioner of Parks, Borough of The Bronx, may, in his discretion, fix the hours for entering or leaving Hunter Island and Twin Island, Pelham Bay Park, and when so fixed, suitable signs may be placed at points deemed appropriate by the said com- missioner. All persons doing any act injurious to a park shall be removed therefrom by the park keepers or by the police. When necessary to the protection of life or property, the officers and keepers of the park may remove all persons from any designated part thereof. 18. No parent, guardian or custodian of a minor shall per- mit or allow such minor to do any act prohibited by any provision of this chapter. Park ordinances must be reasonable. Matter of Wright, 29 Hun 357; Baldwin v. Park Comm., N. Y. Daily Register, April 8, 1891. 390 CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 2 TRAFFIC REGULATIONS Sec. 30. Use of drives and bridle paths. 31. Parking vehicles. 32. Towing vehicles. 33. Restrictions on certain vehicles. 34. Public hacks, cabs and automobiles. 35. Carriers of offensive refuse or heavy materials. 36. Smoky motor vehicles. 37. Park-streets. 38. Harlem River driveway. 39. Ocean Boulevard, Bay Parkway, Eastern Parkway, Brooklyn Speedway, Ocean Parkway, Bushwick Avenue, Fort Hamilton Parkway. 40. Bicylists. 41. Coney Island cycle paths. 42. Instruction in driving motor vehicles or bicycles. Sec. 30. Use of drives and bridle paths. In all parks and parkways, the drives shall be used only by persons in pleasure vehicles, on bicycles or on horseback; the bridle paths only by persons on horse- back. Animals to be used on either shall be well broken, and con- stantly held in such control that they may be easily and quickly turned or stopped. No person shall operate, drive or propel, and no owner thereof riding thereon or therein shall cause or permit to be operated driven or propelled, on any park drive, parkway or park-street, any bicycle, tricycle, velocipede, motor-cycle, motor- tricycle, motor delivery wagon, or motor vehicle, however propelled, or any vehicle drawn by horses or other animals, recklessly or negli- gently, or at a speed or in a manner so as to endanger, or to be likely to endanger the life or property of any person. A rate of speed ex- ceeding fifteen miles per hour is prohibited in any park, parkway, street or other place under the jurisdiction of any Park Commis- sioner. When an officer on duty shall direct, by gesture or otherwise, that the speed of an animal or vehicle shall be checked, or that it shall be stopped, or its course altered, such direction shall be im- mediately obeyed. No horse or other beast of burden, nor any automobile, shall be driven or suffered to stand anywhere except on the drive or bridle path. On all driveways and parkways where grass plots divide the way, all vehicles and horsemen must keep on the right hand drive or bridle path. 31. Parking vehicles* No owner or operator of a motor-cycle, automobile or horse-drawn vehicle shall stop near any of the music stands or other places in or about a park, parkway, plaza, concourse, circle or square, where any considerable number of persons are accustomed to congregate, or where such motor-cycles, automo- biles or vehicles would be a source of danger to life and limb, except by permission of the commissioner. Automobiles shall not be parked in,any place in any park after 10 P. M. 32. Towing vehicles. No vehicle of any kind, in tow of another PARKS, PARKWAYS AXD PARK-STREETS 391 vehicle or machine, shall be allowed to enter any park or to proceed along any parkway, but, in case of break-down, within a park or park- way, the disabled vehicle may be towed to the nearest point of exit. 33. Restrictions on certain vehicles. 1. Hearses. No hearse, or other vehicle or person carrying the body of a dead person, shall enter or be allowed hi any part of a park, except by permit. 2. Carriers. No motor cycle, motor vehicle or horse-drawn ve- hicle shall be used on the park or parkway drives for the sole or part purpose of carrying or carting merchandise, goods, household or other furniture, tools, rubbish or other material, except upon traffic roads provided for trucks, wagons and other than pleasure vehicles, except by permission of the Park Commissioner. 3. Fire apparatus. No fire engine or other apparatus on wheels for extinguishing fire shall enter or be allowed upon any part of the park, except the transverse and traffic roads. 34. Public hacks, cabs and automobiles. 1. Special permits. 1. No automobile, stage or other vehicle shall be allowed to carry passengers for hire over or upon any park or parkways, except upon traffic roads, without a permit. 2. Awaiting fares. No vehicles for hire shall stand within a park, parkway or park-street for the purpose of taking up passengers, other than those whom it has brought in, without a permit. 3. Soliciting passengers. All drivers or attendants of vehicles for hire, standing in Central Park, shall remain in close proximity to their vehicles, while so standing, and no person shall in any way solicit a passenger for any vehicle for hire in Central Park without a permit, and the Park Commissioner may make a charge for such permit. 35. Carriers of offensive refuse or heavy materials. No garbage, ashes, manure or other offensive material shall be carried over any parkway or through any park, except upon the traffic roads set apart for the purpose. When such refuse is to be removed from residences fronting on any park or park-street, the vehicle collecting the same must leave the park or street as soon as the collection has been accomplished, and within the time prescribed by the com- missioner. No earth, sand or broken stone shall be carried over any parkway except on traffic roads, without a permit. 36. Smoky motor vehicles. No person shall be permitted to run a motor vehicle which emits offensive quantities of smoke or gas or disagreeable doors from its exhaust, or muffler, in a park or park-street. 37. Park-streets. 1. General. No animal or vehicle shall be permitted to stand, nor shall any incumbrance of any kind be al- lowed to remain upon any street adjacent to or bounding upon any park, without a permit; except that vehicles may be permitted to take up and set down passengers, and to load and unload merchandise in the usual manner, and may occupy the street a reasonable time for the purpose; provided, however, that they shall not, while so doing, unnecessarily incumber the street or obstruct travel therein. Business vehicles, heavy or light trucks, delivery wagons, automo- bilcs currying goods, etc., may be prohibited from using any road- way or portion of roadway under the jurisdiction of the Department of Parks, City of New York, or any branch thereof, which may be 392 CODE OF ORDINANCES OF THE CITY OF NEW YORK designated by the commissioner having jurisdiction, by appropriate signs being placed thereon or otherwise. 2. Special. The delivery of supplies to the residences on River- side Drive and Morningside avenue, West, in Manhattan, and the Shore Road in Brooklyn, will be permitted in the forenoon, but no business vehicles shall enter upon or pass over said parkways after the hour of noon, except by special permit. In passing over any of said streets, business vehicles must go directly to the place of de- livery and must leave such street without unnecessary delay, and by the shortest rpute-y-the place of entry, if possible. The park- streets, specified in this sub-division must not be used to enable business vehicles to reach places exterior to such streets. 38. Harlem River driveway. 1. Speedway restricted. The use of the Speedway is restricted to horse-drawn pleasure vehicles except as otherwise determined by the Commissioner of Parks for the Borough of Manhattan under the provisions of Chapter 102, Laws of 1919. 2. Crossing roadway. Pedestrians must not cross on the Speed- way; subways are provided for that purpose. 39. Ocean Boulevard, Bay Parkway, Eastern Parkway and the Speedway in Brooklyn. 1. Business vehicles. Wagons, trucks, and other business vehicles, heavy or light, are prohibited from us- ing the main driveway of the Ocean Parkway and must use the west traffic road at all times; and from using the Bay Parkway, be- tween 80th Street and Gravesend Bay; and from using the central pavement on the main roadway of Eastern Parkway, using either the block pavement on the main roadway adjoining the central pavement or the side traffic roads. Pleasure vehicles. On Eastern Parkway, from the Plaza to Ralph Avenue, pleasure vehicles, auto- mobiles, carriages, etc., shall use the central pavement on the main roadway and are prohibited from using the heavy traffic side roads, except when main roadway is not open for use. la. It shall be unlawful to drive any vehicle over the easterly side road or bridle road of the Ocean Parkway, between Prospect Park and the Coney Island Concourse, or to park any automobile along the curb line, except as it may be necessary for vehicles to use the bridle road for the purpose of conveying supplies and mate- rials to or from residences or sites for residences, and as it may be necessary for automobiles to approach or leave residences or sites for residences, or as it may be necessary to park automobiles in front of residences or sites for residences pending their use, in accordance with the traffic rules of the Police Department of the City of New York. In all cases, however, vehicles must enter said road from the nearest street intersection, in the direction of traffic and leave said road by the nearest intersecting street in the direction of traffic. 2. Use of Speedway area. The Speedway section of Ocean Park- way, between Bay Parkway and Kings Highway, is no longer re- stricted to the use of light harness driving and speeding puproses during any hour of the day, on any day of the week, but shall be open for the use of automobiles and other pleasure vehicles at all times, the same as other sections of the main roadway, and the Commissioner of Parks for the Borough of Brooklyn is hereby au- thorized to regulate, grade, curb and pave this section of the Ocean Parkway main roadway, between Bay Parkway and Kings Highway, PARKS, PARKWAYS AND PARK-STREETS 393 with a permanent or other suitable type of pavement for general automobile and pleasure vehicle use. 3. Ocean Parkway restriction. Southerly end. The main roadway, cycle paths, bridle road and traffic road of Ocean Parkway, from the southerly side of Sea Breeze Avenue southerly to Coney Island Concourse, including the Concourse at the water front, is restricted to the use of automobiles, pleasure vehicles, equestrians, etc. Busi- ness wagons, trucks, auto trucks, trailers, etc., will not be permitted at any time on this section of Ocean Parkway, except for purposes of delivery to business places or residence located on the easterly side of the bridle road on this section of the Parkway. 4. Bushwick Avenue Parkway restrictions. Business vehicles, heavy or light, trucks, trailers, delivery wagons, etc., are prohibited from using the section of Bushwick Avenue between the southerly curb line of Myrtle Avenue and the northeasterly curb line of Ja- maica Avenue; this section being hereby restricted to the use of automobiles, pleasure vehicles, etc., with the exception of vehicles making deliveries to business or residential places located along the roadway, in which case vehicles must approach and leave roadway by the nearest intersecting street. 5. Fort Hamilton Parkway. Wagons, trucks and other business vehicles are prohibited from using Fort Hamilton Parkway for its length from Ocean Parkway to the Shore Road, Borough of Brook- lyn; except as it may be necessary for the purpose of conveying supplies or materials to or from residences and business premises along the parkway. In all cases, however, such vehicles must enter iJpon said parkway from the nearest intersecting street in the direc- tion of traffic and leave said parkway by the nearest intersecting street in the direction of traffic in accordance with the traffic regula- tions of the Police Department of The City of New York. 6. No person shall operate an automobile on that part of the Eastchester Bay Shore Road, beginning at the northerly approach to the bridge over Eastchester Bay at its junction with the Eastern Boulevard, and running thence easterly and thence northerly, fol- lowing a winding course, approximately parallel to the shore line of Eastchester Bay for a distance of approximately 4,450 feet to a point on the City Island Road, 125 feet west of Glover's Rock, nor upon that portion of the Shore Road known familiarly as the Orchard Beach Shore Road, beginning at a point on the City Island Road 435 feet east of Glover's Rock, running thence in a winding course approximately parallel to the shore line of Pelham Bay, through the camp reservation at Orchard Beach, and for a distance approx- imately 4,800 feet to the City Island Road where it joins the westerly approach to the City Island Bridge. 40. Bicyclists. No person shall ride a bicycle upon the foot- paths in any park or parkways. Bicyclists walking upon a foot- path may push their wheels along the path, but in no case shall the machine be taken upon the turf. 41. Coney Island Cycle-paths. 1. Reserved for cyclists. Horses, wagons, carriages, automobiles and pedestrians must not use bicycle patoft An ordinance forbidding bicycles in the parks cannot be called unreasonable, as in:itt.-r of law. Mutter of Wright, 29 Hun, 357. 394 CODE OF ORDINANCES OP THE CITY OP NEW YORK 2. Going and returning. Cyclists must use the west path when going toward Coney Island, and the east path in returning. 3. Speed limit. Cyclists and motor cyclists must not exceed a speed of eighteen miles an hour on the bicycle paths. Racing on the bicycle paths is prohibited, except by special permission of the commissioner. 42. Instruction in driving motor vehicles or bicycles. Instruction in operating automobiles, motor cycles, bicycles, tricycles, veloci- pedes or other vehicles of propulsion, is prohibited in parks and parkways at all times. ARTICLE 3 PROJECTIONS UPON PARKS, PARKWAYS OR PARK-STREETS Sec. 60. General provisions. 61. Fifth Avenue, Manhattan. 62. Riverside Drive. 63. Ocean Parkway. 64. Restricted areas, Ocean Parkway, Eastern Parkway, Plaza Street. 65. Bushwick Avenue Boulevard, Court Yard Regulations, etc. 66. News-stands, Borough of Manhattan. Sec. 60. General provisions. 1. Jurisdiction. Each commissioner may grant permits for the erection and maintenance of projections on any park or parkway, within his jurisdiction, and on all streets and avenues within a distance of 350 feet from the outer boundaries thereof, upon such terms and conditions and upon the making of such compensation to the City as in his discretion he may deter- mine, with respect to the particular locality. 2. Correction of defects. Where permits have heretofore been granted upon the making of compensation and a new permit is desired to correct any irregularity, defect or supposed want of jurisdiction in the granting of such permit, a new permit may be granted without further compensation. 3. Curb and surface construction. Each commissioner may de- termine the line of curb and the surface constructions of all streets and avenues, lying within any park or parkway, in his jurisdiction, or within a distance of 350 feet from the outer boundaries thereof, as he may deem advisable, according to the particular locality, and best calculated to maintain the beauty and utility of such park or parkway. 4. House projections. All applications for the privilege of erecting bay windows or other house projections shall be made to the com- missioner in whose administrative jurisdiction the park or parkway affected lies, who may, in his discretion, grant the same, upon pay- ment of a fee to be determined in each case by him. Working plans in duplicate, drawn to a scale of one-quarter inch to the foot, shall be required to accompany each application, showing the elevation, plans and vertical sections of extent of projection, one copy of which shall be filed in the office of the commissioner, and another shall be returned to the applicant, for filing in the appropriate bureau of buildings, upon the approval of the commissioner. No PARKS, PARKWAYS AND PARK-STREETS 395 permit will be granted to cover projections that do not comply with the Building Code. But permanent encroachments or projections cannot be made beyond the build- ing lines. City of N. Y. v. Rice, 198 N. Y. 124; Ackerman v. True, 175 N. Y. 353. 61. Fifth Avenue, Manhattan. Owners of property on the easterly side of Fifth Avenue, between 58th and lllth Streets, in the Borough of Manhattan, or upon any, of the streets or avenues surrounding Central Park, within the boundaries first above men- tioned, shall not undertake any work on stoops, railings or other pro- jections, or areas or court yards beyond the building line, until the plan thereof has been submitted to and approved by the said com- missioner. 62. Riverside Drive. 1. General provisions. No structure or construction of any description, nor any part thereof, shall be placed or permitted on or under Riverside Drive until working plans in. duplicate, drawn to a scale l / inch to the foot, shall have been filed with the Department of Parks, with an application for the erection or construction of the structure; said drawings to show elevations, floor plans and vertical sections of the extent of projec- tions, and that the applicant has received permission to erect the said projection, as shown on drawings from the department. 2. Sub-surface construction. No vault or other construction below the sidewalk shall be built except in such manner as shall leave the sewers, gas and water pipes, or space proposed to be oc- cupied by the same, free and uninclosed and in safe condition, nor in any case to extend in the clear beyond the curb line. The exclusive jurisdiction of the Department of Parks over Riverside Drive was sustained in Ackerman v. True, 175 N. Y. 353. 63. Ocean Parkway. 1. Veranda, porch, piazza or portico pro- jections beyond courtyard restriction line. All applications for pro- jections of verandas, prches, piazzas, etc., beyond the thirty (30) foot restriction line of Ocean Parkway shall be accompanied by blue prints of plan of proposed projection, drawn to a scale of one-quarter 04) of an inch to the foot, showing restriction line, lot lines, plan and section or plan and elevation of projection. The projection shall not exceed fifteen (15) feet beyond the restriction line at any point, and shall be of open construction, with roof supported by columns or piers. 64. Restricted areas on Ocean Parkway, Eastern Parkway and Plaza Street. The restricted areas on these parkways shall be re- served strictly for the purposes set forth in the respective laws governing same and shall not be used temporarily or permanently for any of the following purposes: advertising signs, contractors' tool houses or shanties, disposal of garbage, refuse, rubbish or other waste materials, dumping ground for filling material, garage build- ings, news-stands, gasoline stations, moving picture houses or pur- veying stands. No use or occupancy of any nature whatsoever shall be made of these restricted areas without a permit having been previously secured from the commission of parks having jurisdiction. 65. Bushwick Avenue Boulevard, Court Yard Regulations. 1. Structures. No person or persons shall erect or construct upon the twenty-foot courtyard on each side of the Bushwick Avenue Boule- vard, by law set apart to be used as courtyards only, any piazza, veranda, covered or enclosed porch, platform or structure other than 396 CODE OF ORDINANCES OF THE CITY OF NEW YORK stoops, steps or platforms with open sides or railings not to exceed seven feet in height, or to extend upon said courtyards more than seven feet or a greater width than is necessary for the purpose of a convenient passageway into houses or building to which the same shall be attached; nor shall any person or persons build or construct any area or surface or sub-surface structure in said courtyards, except upon the approval of the commissioner of parks having juris- diction. No super structure, surface structure or sub-structure of any nature whatsoever shall be built in, placed or constructed upon said courtyards without receiving a permit from the park commis- sioner having jurisdiction. Plans of such encroachments shall be drawn to the scale of one-quarter of an inch to the foot and shall be filed with said commissioner for his approval at the time of applica- tion for permit. 2. Trees and shrubbery. The planting of trees and shrubs within the courtyard areas shall be subject to the written approval of the commissioner of parks having jurisdiction. 3. Signs. Advertising, business, or signs of any and all descrip- tions are hereby prohibited from being placed within the courtyard areas of Bush wick Avenue Boulevard. This regulation shall be in effect as of the date of transfer of said Bushwick Avenue Boulevard from the jurisdiction of the President of the Borough of Brooklyn to the jurisdiction of the Commissioner of Parks for the Borough of Brooklyn. 4. Rubbish, litter, etc. No rubbish, litter, garbage, ashes or obnoxious or offensive matter of any kind whatsoever shall be placed on or allowed to remain upon said courtyard areas. 66. News-stands in the Borough of Manhattan shall be operated in accordance with the following rules and regulations: 1. All news-stands shall be painted green, of a shade prescribed by the Chief Engineer, Borough of Manhattan. No stand shall bear any lettering not approved by said Chief Engineer. 2. The sale of all charts, circulars, leaflets, envelopes, etc., pur- porting to give information as to the condition of race horses, their past. performances, and the probabilities of their winning at future racing events, is prohibited. The violation of this provision shall be cause for the forfeiture of the Park Department's license. 3. Holders of news-stand permits paying a license fee of less than $200 a year must personally attend their stands during two-thirds of the time of each day when such stands are transacting business. 4. All persons employed by permit holders as helpers in the sale of newspapers must take out Park Department licenses for the sale of newspapers from the arm. The employment as a helper in the sale of newspapers of a person unsatisfactory to the department shall be sufficient cause for the revocation of a permit. 5. No news-stand adjoining a grass plot shall exceed in height the ordinary pipe rail fence of the Department of Parks against which such stand is placed. All news-stands adjoining grass plots shall have their top covers fully removable. On such news-stands there shall be no display either above the level of the pipe rail fence or to the left or right of the stand adjoining the grass plot. Viola- tions of this order will result in the cancellation of that portion of the permit allowing the sale of periodicals, and will restrict the PARKS, PARKWAYS AND PARK-STREETS 397 offender in the future to the sale of daily publications only. No news-stand adjoining a grass plot shall exceed six (6) feet in length. 6. News-stands on park walls not adjoining grass plots shall not exceed ten (10) feet in length, nor shall any such stand have a total width of more than three (3) feet. In cases where the distance between the rear of such stands and the nearest curb line is less than ten (10) feet, such stands shall not exceed two (2) feet in width. 7. Stands not adjoining grass plots shall not exceed seven (7) feet in height. 8. Electricity shall be the only means for night illumination of news-stands. The use of any other illuminating material is cause for a revocation of the permit. 9. When news-stands on Park Department territory adjoining car tracks no part of such stand parallel to, but not immediately ad- joining a protective railing shall exceed five feet in height. When such stand adjoins a protective railing no part of such stand, ad- joining such railing shall extend beyond the furtherest point of such protective railing. No part of any stand adjoining such protective railing shall be more than four and a half (4^) feet in height. 10. All licensees for the sale of newspapers shall keep the park walks in vicinity of the territory assigned to them, which shall include a radius of fifteen (15) feet beyond each position for the sale of newspapers from the arm, and within a radius of twenty-five (25) feet from the position assigned to news-stands, free from rubbish and litter of all kinds. Failure to comply with this condition will result, first, in a suspension of the privilege, and on the second offense, in its cancellation, ARTICLE 4 MISCELLANEOUS Sec. 70. Trees and shrubs in streets 71. New York Botanical Garden. Sec. 70. Trees and shrubs in streets. 1. Planting. No shade or ornamental tree, or shrub, shall be planted in any street until a permit has been granted by the commissioner having jurisdiction. No hole or excavation shall be prepared for planting any tree or shrub, unless sufficient mould of satisfactory quality shall be used, and the conditions, such as the absence of poisonous gas and dele- terious substances, have been made satisfactory. 2. Cutting, breaking or disturbing. No stem, branch or leaf of any such tree or shrub shall be cut, broken or otherwise disturbed, nor shall the root of any such tree or shrub be disturbed or inter- fered with in any way, by any individual or any officer or employee of a public or private corporation, until a permit shall have been issued therefor. The surface of the ground within three (3) feet of any such tree or shrub, shall not be cultivated, fertilized, paved or given any treatment whatever, except under a permit. 3. Misuse. No person shall cut, deface, mutilate or in any way misuse any such tree or shrub, nor shall any horse or other animal be permitted to stand in a manner or position where it may cut, 398 CODE OF ORDINANCES OF THE CITY OF NEW YORK deface or mutilate the same. No building material, or other material or debris of any kind, shall be piled or maintained against any tree or shrub. No guy rope, cable or other contrivance shall be attached to any tree or shrub, nor shall any tree or shrub be used in connection with any banner, transparency or any business purpose whatever, except under a permit. 71. New York Botanical Garden. All provisions of this chapter, respecting the government of parks, shall be applicable to the New York Botanical Garden; provided that in any case in which the commissioner is authorized to issue a permit for the exercise of a park privilege, the permit, if authorizing the exercise of such a privilege in the New York Botanical Garden shall be recommended or approved by the Director-in-Chief of the Garden. 72. Violations. The Park Ordinance providing penalties for violations was repealed by the Board of Aldermen, August 8, 1916, being rendered superfluous by the language of Section 610 of the Greater New York Charter, as follows: "Any person violating any ordinances relating to the parks or other property mentioned in this section shall be guilty of a misde- meanor, and shall on conviction before a City Magistrate, be pun- ished by a fine not exceeding fifty dollars, or in default of payment of such fine by imprisonment not exceeding thirty days." Adopted March 18, 1921. POLICE AND FIRE m 399 CHAPTER 18 Police and Fire Article 1. Boiler inspection. 2. Uniformed force. ARTICLE 1 BOILER INSPECTION Sec. 1. Regulation of minor steam vessels. 2. Persons to be licensed as engineers. Sec. 1. Regulation of minor steam vessels. All boilers in vessels now used on the water in and around the city, not coming under the jurisdiction of the United States government, shall be under the jurisdiction of the police department, which is hereby authorized and empowered to test said boilers, and examine the persons operat- ing the same as to their qualifications as engineers and firemen. Such tests of boilers, and the examination of persons operating the same, shall be conducted in accordance with such provisions of the charter and laws of the State of New York as are applicable to boilers operated on land. (C. O., 563.) 2. Persons to be licensed as engineers. No person shall take charge of or operate any ice machine or gas compressor of thirty tons or greater capacity, nor any machine for hoisting purposes or cable- ways, irrespective of motive power, used for construction work, unless such person is duly licensed as an engineer, in accordance with the provisions of 342 of the Greater New York Charter and such Laws of the State as may be applicable thereto. Any person who shall assume, charge or act as engineer in contravention of any provisions of this section shall be fined in a sum not to exceed $25 or by imprisonment not to exceed 25 days, or by both such fine and imprisonment. All fines imposed and fees collected hereunder shall be credited to the pension fund of the Police Department. Adopted March 8, 1921. Approved March 18, 1921. ARTICLE 2 UNIFORMED FORCE Sec. 5. Members, dismissed or reduced; hearing or rehearing of charges or causes therefor. Sec. 5. Members, dismissed or reduced; hearing or rehearing of charges or causes therefor. When a member of the police department or the fire department shall have been dismissed or reduced, after trial by the police Commissioner or the fire Commissioner, as the case may !>, from the position or rank theretofore held by him, or when a 400 CODE OF ORDINANCES OF THE CITY OF NEW YORK probationary member of the police department or the fire depart- ment shall have been dismissed, the person aggrieved may make written application to the mayor setting forth the reasons for de- manding a hearing or rehearing of the charges or causes upon which he was dismissed or reduced, and provided that such dismissed or reduced member or probationary member shall waive in writing all claim againsc the city for back pay, the mayor may, in writing, con- sent to such hearing or rehearing, stating the reasons why such charges should be heard or reheard. Such application for a hearing or rehearing shall be made within one year after this ordinance takes effect, or within one year from the date of the dismissal or reduction, if such dismissal or reduction occurs after this ordinance takes effect. Such hearing or rehearing shall be had before the police commissioner if the applicant was a member or probationary member of the police department, and before the fire commissioner if the applicant was a member or probationary member of the fire department, and if such commissioner, as the case may be, shall determine that such member or probationary member has been illegally or unjustly dismissed or reduced from his position or rank, such commissioner, as the case may be, may restore him to the position or rank from which he was dismissed or reduced and allow him the whole of the time since any such dismissal or reduction to be applied on his time of service in his department, or for such other and further relief as such com- missioner, as the case may be, may determine just, or affirm the dismissal or reduction as he may determine from the e^ idence. If the applicant be a probationary member of the police or the fire department, the commissioner, as the case may be, may allow him the time already served as a probationary member to count as time served, but shall not allow the time between the date of his dismissal and his restoration to count as service in his department. Adopted July 16, 1918. Approved July 26, 1918. RAILROADS 401 CHAPTER 19 Railroads Article 1. Elevated railroads. 2. Street railroads. 3. Trunk line railroads. The creation of the Public Service Commission by the Legislature, took from the Board of Aldermen many powers formerly exercised by them, and many of the former ordinances were repealed by this revision. Where the Public Service Com- mission had fixed a 15 minute interval for running street-cars, an ordinance chang- ing that to 10 minutes was not valid. City of Troy v. United Traction Co., 134 App. Div. 756, aff'd, 202 N. Y. 333. Ordinances must be reasonable and evidence should be received, when offered, to show them unreasonable. Mayor, etc., v. Dry Dock East Broadway R. R. Co., 133 N. Y. 104. See Mayor v. N. Y. Harlem R. Co., 10 Misc. 417. Where fenders were required on the front platforms of Brooklyn cars, held to be unreasonable. City of Brooklyn v. Nassau Electric Co., 38 App. Div. 365. Unreasonable to require conductor as well as driver for care of car. Brooklyn Crosstown R. Co. v. City of Brooklyn, 37 Hun, 413. ARTICLE 1 ELEVATED RAILROADS Sec. 1. Protection of streets below structures. 2. Receptacles for expectorations. 3. Violations. 4. Passengers riding on rear end platforms. Sec. 1. Protection of streets*below structures. No officer, agent or employee of any elevated railroad shall permit any oil, grease, water, coals, scraps of iron, tools, or other liquid or solid substances, to fall or be dropped or be thrown from any engine, car, track, depot, structure, or other part or portion of an elevated railroad, into or upon any street or public place. 2. Receptacles for expectorations. All elevated railroad com- panies or other companies operating elevated railroads in the city shall, within two months from the date of the passage of this ordi- nance, provide proper receptacles for expectorations on all the ele- vated railroad stations and properly keep and maintain same, and that for a violation of this section each elevated railroad company or other company operating such railroads shall be liable to a penalty of not less than $10 for each day of such violation, and the action to recover such penalty shall be brought in the name of the city of New York. (Ord. Aug. 8, 1916.) 3. Violations. Any person being the president, superintendent, or a director or other officer, or employee of an elevated railroad com- pany who shall violate any provision of this article except 2 thereof, shall, upon conviction therefor, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. Many of the old ordinances have been dropped from this code as being super- seded by the Public Service Commission. 4. Passengers riding on rear-end platforms of trains. No pas- senger on any elevated railroad train, whether operated over, upon 402 CODE OP ORDINANCES OP THE CITY OP NEW YORK or under the surface, in the City of New York, shall ride on the rear platform of the rear car, where such rear platform is not enclosed by vestibule. Provided, however, that the term "passenger" shall not include, or be construed to include, any officer, agent or employee of such elevated railroad, or any public officer or public employee, whose duties may require the riding on any such rear platform. Any person who shall violate any provision of this section shall, upon conviction therefor, be punished by a fine of not more than $10, or by imprisonment for not exceeding 10 days, or by both such fine and imprisonment. Adopted November 12, 1918. Approved November 19, 1918. ARTICLE 2 STREET RAILROADS Sec. 10. Head-lights.^ 11. Licenses. 12. Transfers. Sec. 10. Head-lights Each railroad company whose cars are propelled or driven within the limits of the borough of Manhattan shall provide every passenger car, baggage car, freight car, or other vehicle, operated by said company upon their tracks or track of other companies used by them, with a good light or lantern, which shall be placed in a conspicuous position on the front of the car, be- tween sunset and sunrise of each day. Any such company which shall refuse or neglect to conform to the provisions of this sec- tion shall be subject to a penalty of $100 for each and every trip, or part of a trip, made by a car that is not provided with the re- quired light. 11. Licenses. 1. Manhattan. For each passenger railroad car running in the borough of Manhattan, there shall be paid into the city treasury the sum of $50 annually for a license; except the one- horse passenger cars, and the cars of the Ninth Avenue Railroad Company, which shall each pay the sum of $25 annually for said license as aforesaid, and except such as pay the sum of 3 per cent, or over on their gross receipts, or where the franchise has been sold at public sale to the highest bidder. 2. Brooklyn. The amount to be paid to the city by the railroad companies in the borough of Brooklyn, for the privilege of running their cars, shall be calculated on the average number of cars running annually on each route respectively, excluding the extra cars run on holidays. 3. Long Island City. For every street or surface car, operated within the limits of that section of the city formerly known as Long Island City, there shall be paid to the Comptroller a license fee of $15. (C. O., 5&-5S, Manh. Ords.) As to small one-horse cars, see Mayor, etc., N. Y. C. v. Twenty-third St. R Co., 62 Hun, 545. Where a license was required for horse cars from a companj which was liable to pay license fees by the terms of its charter, held valid. Mayor etc., of N. Y. v. Broadway and Seventh Ave. R. R. Co., 97 N. Y. 275, dist'g Mayoi v. Second Ave., 32 N. Y. 261, and Mayor v. Third Ave., 33 N. Y. 42. As to liability of Eighth Avenue Railroad to pay license fees for cars according to its agreement RAILROADS 403 with the city, see Mayor, etc., of N. Y. v. Eighth Ave. R. R. Co., 118 N. Y. 389. Coach, as used in the old ordinance, must be reasonably interpreted to include cars now. Mayor, etc., of N. Y. v. Third Ave. R. R. Co., 117 N. Y. 404, and where the license is required of every coach it must be paid by every car, no matter what may be the mode of propulsion. City of N. Y. v. Third Ave. R. R., Greenbaum, J., N. Y. Law Journal, Feb. 25, 1904. In construing an old statute the practical con- struction in effect for years will be considered where there is ambiguity. City of N. Y. v. N. Y. City Ry. Co., 193 N. Y. 543; 124 App. Div. 936 (3 cases), aff'd. Also see 193 N. Y. 679, 680, affirming cases in 126 App. Div. 36, 39, 42. City of N. Y. v. N. Y. City Ry. Co., No. 1, 138 App. Div. 131. 12. Transfers. Every car owned, operated, managed or con- trolled by a street surface or elevated railroad company in the streets or highways of the city shall carry throughout its route on the out- side, in front and on top of each and every car so operated, a sign- board or placard, upon which shall appear conspicuously the destina- tion of the said car. Every such company shall carry for a single fare upon such car, without change therefrom, each and every passenger to any regular stopping place desired by him, upon said car's route, in the direction of the destination so designated; and for every viola- tion of this section the company so offending shall be liable to a penalty in the sum of $100, recoverable in an action to be brought in the name of The City of New York; but this section shall not apply to a transfer made to a connecting line going in a different direction from that in which such car may be going, nor where by reason of any accident compliance with this section is rendered impossible. Amended February 11, 1919. Approved February 20, 1919. This is the so-called "car-ahead" ordinance. Held within the powers conferred on the Board of Aldermen and that State Railroad Act was not intended to deprive city authorities from regulating similar matters within precincts of the city. City of New York v. Interurban Street Ry. Co., 86 N. Y. Supp. 673, 43 Misc. 29. See also City of New York v. N. Y. & Queens Co. R. R. Co., 89 App. Div. 442. ARTICLE 3 TRUNK-LINE RAILROADS Sec. 30. Park avenue tunnel. 31. Long Island railroad. 32. Grade crossings. 33. Obstruction of streets. 34. Violations. Sec. 30. Park Avenue tunnel; Manhattan. No railroad company or companies using any tunnel in Park avenue, in the borough of Manhattan, nor any manager, employee or servant of such company shall permit bituminous coal smoke to escape from any locomotive while in or running through said tunnel. ( 70, Manh. Ords.) 31. Long Island railroad. No freight or passenger car detached from an engine of the Long Island railroad company shall remain longer than 10 minutes in any public street. Bituminous coal shall not be used on any engine running upon said railroad. Whenever platforms are placed in the streets for accommodation of passengers, the said company shall at its own expense keep the entire street |tatwttl the platform and the curb in a cleanly and passable condi- tion. This shall be construed to apply to each station and each 404 CODE OP ORDINANCES OF THE CITY OF NEW YORK glatform wherever erected by said company within the city. ( 70, rookl. Ords. revised.) 32. Grade crossings. 1. The Bronx. Every person, company or corporation, operating or controlling any railroad in the borough of The Bronx, upon which cars are drawn by locomotive engines, other than those known as " dummies," shall erect and maintain suitable and substantial gates or doors on either side of said railroad, at every point in said borough at which its road or tracks cross any public street, at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and shall be attended at all times during the approach and passage of cars or trains by sober, careful and experienced men, whose duty it shall be to* keep the tracks clear of all horses, cattle and vehicles, to warn all the persons against crossing said tracks during the approach of any train, locomotive or car, and to close said gates or doors at least one minute before the passage of any locomotive, engine or car over said public street. No person, company or corporation, operating or controlling any railroad in the borough of The Bronx, shall run or allow to be run any locomotive or locomotive and tender without cars across any public street in said borough, unless the gates or doors at such crossing are closed or down. ( 67, 68, Manh. Ords.) 2. Brooklyn. At each street crossing between Linwood street and Flatbush avenue, in the borough of Brooklyn, men shall be con- stantly stationed, at all hours of the night and day when trains are in motion, and all crosswalks between such street crossings shall be properly guarded by strong, heavy gates at least 20 feet in width, at each street crossing, which shall be closed before the passage of any engine or train. ( 70, Brookl. Ords.) 3. Disregard of closed gates. No person shall attempt to cross the tracks of any railroad at any street crossing, while the gates for the protection of such crossings are closed, or being closed, and the police shall arrest any person so offending. ( 29, Brookl. Ords.) 33. Obstruction of streets. No train of cars, nor any part thereof, including the locomotive and tender, shall remain or be left across or upon any street or sidewalk, so as to obstruct or prevent free travel along the same for a longer period than 5 minutes, during any period or during any hour, unless the same shall be unavoidable. 34. Violations. Any railroad, or the manager or any agent or employee thereof, who shall violate any provision of this article, or who shall permit the same to be violated shall be liable to a penalty of $100. Any person who shall violate the provisions of subdivision 3 of 32 of this article shall, upon conviction thereof, be punished as provided in 10 of chapter 27 of this ordinance. SANITARY CODE 405 CHAPTER 20 The Sanitary Code Article 1. Definitions. 2. Animals. 3. Births, marriages and deaths. 4. Buildings. 5. Cold storage. 6. Coroners. 7. Diseases. 8. Drugs and medicines. 9. Food and drink. 10. General provisions. 11. Midwifery and care of children. 12. Miscellaneous provisions. 13. Offensive materials. 14. Plumbing, drainage, ventilation and sewage. 15. Passenger cars. 16. Street conditions. 17. Trades, occupations and businesses. 18. Vessels and seamen. NOTES. By L. 1904. ch. 628, sec. 3, the Sanitary Code in force on May 1. 1904, was made a chapter of the Code of Ordinances of the City ol New York, and while the Board of Health has sole power to pass the Sanitary Code, all provisions relating thereto must be filed with the City Clerk and do not become effective until they are filed with the City Clerk, 1172, Charter. Penalties. The usual remedy for a violation of a provision in the Sanitary Code is a suit to recover a penalty of fifty dollars under Laws 1897, chapter 378, sec. 1172. The revised charter, L. 1901, ch. 466, sec. 1172, continued this provision in force. By the same sections any violation of the Sanitary Code may be treated and punished as a misdemeanor. The penalty for violating an order of the Department of Health is $250, and the wilful refusal is a misde- meanor. L. 1901, ch. 466, sec. 1262. All suits must be brought in name of the " Dept. of Health of The City of New York." L. 1901, ch. 466, sec. 1192. Permission granted by an inspector without authority will not excuse a violation. N. Y. Health v. Hannon, 4 Misc. 602. There may be prescribed for the same offense a civil remedy as well as a criminal remedy. People v. Meakins, 133 N. Y.J214; City N. Y. v. Alhambra, 136 App. Div. 509; People v, Snyder, 90 App. Div. 422. Police power. It is well settled in this and other States that the Legislature has the power to delegate to municipal authorities the right to pass ordinances to promote the public health and safety. Polinsky v. People, 73 N. Y. 65. Cases cited in Ford y. N. Y. Cen- tral R. R. Co., 33 App. Div. at p. 478. As to the police powers in 406 CODE OP ORDINANCES OF THE CITY OP NEW YORK general, see Matter of Jacobs, 98 N. Y. 98, and Health Dept. v. Rector, etc.. Trinity Church, 145 N. Y. 32; Cronin v. People, 82 N. Y. 318; People ex rel. Knoblanch v. Warden, 216 N. Y. 162; City of Rochester v. McCanley-Fien N. Co., 179 N. Y. 207; People v. Hugh Jones, 164 App. Div. 894. The power to pass ordinances to regulate the preservation of the public health is vested in the Board of Aldermen by the Revised Charter, L. 1901, ch. 466, sec. 43. Also discussion of constitutional question in Tenement House Dept. of N. Y. City v. Moeschen, 179 N. Y. 325. Also see Met. Board of Health v. Heister, 37 N. Y. 661; People ex rel. Cox v. Special Sessions, 7 Hun, 214; Health Dept. v. Knoll, 70 N. Y. 530. For powers granted to Department of Health, see Chapter XIX, L. 1901, ch. 466. The Sanitary Code has legislative sanction. People ex rel. Lieberman v. Vandecarr, 175 N. Y. 440, aff'd 199 U. S. 552; Vird v. Grout, 106 App. Div. 159. See also general notes after 362, infra. ARTICLE 1 DEFINITIONS Sec. 1. Definitions. Unless otherwise expressly stated, wherever used in the Sanitary Code, the following terms shall be taken to mean and include: "Ashes": cinders, coal, and every other substance which is left unconsumed by fire in stoves, furnaces, ranges, fire-pots, fire-places, and other such places. 2. "Bakeries": all buildings, rooms, or places used or occupied for the purpose of making, preparing, or baking bread, biscuits, pastry, cake, doughnuts, crullers, noodles, macaroni, or spaghetti, to be sold or consumed on or off the premises, except kitchens in hotels, restaurants, boarding-houses, or private residences wherein such products are prepared to be used and are used exclusively on the premises. 3. "Board" and "said Board": the Board of Health of the De- partment of Health of the City of New York. 4. "Boarding-house": every building or part thereof other than a hotel, inn, or lodging-house, wherein meals or lodging, or both, may be obtained for hire (customarily by the week). 5. "Butcher": whoever is engaged in the business of keeping, driving, or slaughtering cattle, or in selling any meat. 6. "Cattle": all animals, except birds, fowl, and fish, of which any part of the body is used as food. 7. "Cellar": every basement or lower story of any building or house of which said basement or lower story one-half or more of the height from the floor to the ceiling is below the level of the street adjoining, or the surface of the adjacent yard, court, or ground. 8. " Department ": the Department of Health of the City of New York. 9. "Dirt": natural soil, earth, gravel, sand, and loose pieces of broken stone. 10. "Factory" and "manufactory": any mill, workshop, or SANITARY CODE 407 other manufacturing or business establishment, and all buildings, shops, and structures, or other places used therefor or in connection therewith, where one or more persons are employed at labor. 11. "Fish": every part of any animal that lives in water or the flesh of which is not meat. 12. "Food": all substances, except drugs, used or intended to be used for human consumption, including meat, fish, vegetables, drink, confections, and condiments, whether simple, mixed, or com- pound. 13. "Garbage": swill and every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the prepara- tion, decay, and dealing in, or storage of, meats, fish, fowls, birds, or vegetables. 14. "Infectious disease": all diseases of a communicable, con- tagious, or pestilential nature. 15. "Light" or "lighted": natural, external light. 16. "Lodging-house": any house or building or portion 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 any part of which is let for any person to sleep in, for any term less than a week. 17. "Meat": every part of any land animal, and eggs (whether mixed or not with any other substance). 18. "Permit": the permission in writing of the Board of Health, issued according to the provisions of this Code, of any statute, or of the Regulations of the Board of Health. 19. "Person": every individual, corporation, firm, and joint- stock association. 20. "Physician": every person who holds himself out as being able to diagnose, treat, operate, or prescribe for any human disease, pain, injury deformity, or physical condition, and who shall either offer or undertake by any means or method, to diagnose, treat, operate, or prescribe for any human disease, pain, injury, deformity, or physical condition. 21. "Private market": every store, cellar, stand, and place (not being a part of a public market), at or in which meat, fish, or vegetables is or are bought, sold, or kept for sale. 22. "Public laundry": any place where articles are laundered for the general public for hire. 23. "Public place": every street (as hereinafter defined), park, pier, dock and wharf, and every open space therewith connected; all waters within the jurisdiction of the City of New York; every public yard, ground, and area; every space open to the public be- tween a building and the street, between buildings, ana between streets; all places of public assemblage, including every place of public worship, amusement, entertainment, or instruction, and every place where an appreciable number of persons gather for any purpose whatever, and every public room or space connected with, and every means of entrance to or exit from, any of the said places; all places and premises where goods, wares, and merchandise are sold or offered for sale, including all public rooms or places therewith connected; every railroad car, and every other public vehicle; every railroad depot, station, and platform, and every public room or space connected therewith, and every stairway and other means 408 CODE OF ORDINANCES OF THE CITY OF NEW YORK of entrance thereto or exit therefrom; every ferryboat and ferry- house and every public room or space connected with, and every means of entrance to or exit from, such ferry-house. 24. "Refuse": waste material other than rubbish, ashes, or gar- bage, that attends use or decay and accumulation from the occu- pancy of buildings or premises. 25. "Report": a report in writing, signed by the person who makes the same and indicating his official position, if any such posi- tion be held. 26. "Rubbish": solid waste material accumulating or resulting from the use or occupancy of buildings or premises, such as paper, straw, excelsior, rags, bottles, old clothes, old shoes, tin cans, and other materials of a similar character. 27. "Saloon" ': every portion of any building in which the busi- ness of selling meals, liquors, drinks, or refreshments of any kind, shall be conducted, including "concert saloons." 28. "Stable": every building or portion thereof in which any horse, cattle, or other animal shall be kept. 29. "Streets": avenues, public highways, sidewalks, gutters, and public alleys, lanes, and paths. 30. "Theatre": the building, room, and place, where any play, concert, opera, circus, trick or jugglery show, gymnastic or other exhibition, masquerade, public dance, or other public gathering, drill, lecture, address, or other form of public entertainment, amuse- ment, or instruction are, is or may be, held, given, furnished, per- formed, or take place, and every public room or space connected with, and every means of entrance to or exit from, any such place. 31. "Vegetable": every article used for human consumption as food, other than meat, fish, or milk. 32. "Day Nursery": a place where more than three children are received, kept, and cared for during the daytime. (As amended by the Board of Health, June 30, 1915.) 33. "Milk": the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained fifteen days before and five days after calving, or such longer period as may be necessary to render the milk practically colostrum-free. 34. "Skimmed-milk": is clean, pure, healthy, wholesome and un- adulterated milk, from which substantially all milk fat has been removed. 35. "Cream": is that portion of clean, pure, healthy, wholesome and unadulterated milk, rich in milk fat, which rises to the surface of milk on standing or is separated from it by centrifugal force. 36. "Condensed, milk, evaporated milk, or concentrated milk": is the product resulting from the evaporation of a considerable portion of the water from clean, pure, healthy, wholesome and unadulterated milk. 37. "Sweetened condensed milk, sweetened evaporated milk, or sweetened concentrated milk": is the product resulting from the evaporation of a considerable portion of water from clean, pure, healthy, wholesome and unadulterated milk, to which sugar (sucrose) has been added. 38. "Condensed skimmed-milk, evaporated skimmed-mUk, or con- SANITARY CODE 409 centrated skimmed-milk": is the product resulting from the evapora- tion of a considerable portion of water from clean, pure, healthy, wholesome and unadulterated skimmed-milk. 39. "Sweetened condensed skimmed-milk, evaporated condensed skimmed-milk, or concentrated condensed skimmed-milk": is the product resulting from the evaporation of a considerable portion of water from clean, pure, healthy, wholesome and unadulterated skimmed-milk, to which sugar (sucrose) has been added. 40. "Dried-milk": is the product resulting from the removal of the water from clean, pure, healthy, wholesome and unadulterated milk. 41. " Dried-skimmed-milk" : is the product resulting from the re- moval of the water from clean, pure, healthy, wholesome and un- adulterated skimmed-milk. 42. " Modified-milk" : is clean, pure, healthy, wholesome and un- adulterated muk, which has been changed by the addition of water, sugar-of-milk, or other substance intended to render the milk suit- able for infant feeding. 43. " Reconstituted-mHk" : is a product which is mechanically and exclusively made from milk solids not fat, milk fats containing all the properties of milk fats in milk, and water, in appropriate propor- tions and having all the recognized characteristics of milk. 44. " Reconstituted-cream" : is a product which is mechanically and exclusively made from milk solids not fat, milk fats containing all the properties of milk fats in milk, and water, in appropriate proportions and having all the recognized characteristics of cream. 45. "Buttermilk": is the product that remains when butter is removed from clean, pure, healthy, wholesome and unadulterated milk or cream in the process of churning. 46. Malted-milk": is the product made by combining clean, pure, healthy, wholesome and unadulterated milk with the liquid sep- arated from a mash of ground barley, malt and wheat flour, with or without the addition of sodium chloride, sodium bicarbonate and potassium bicarbonate, in such manner as to secure the full enzymic action of the malt extract and by removing water. 47. "Pestilential Disease": shall be deemed to include the con- ditions and symptoms resulting from the habitual use of habit- forming drugs, and known as drug addiction. As amended by the Board of Health, June 22nd, 1919. ARTICLE 2 ANIMALS Sec. 2. Glanders, farcy, and other contagious diseases; duty of veterinary surgeon to report. 3. Glanders, farcy, and other contagious diseases; animals suffering therefrom not to be retained or exposed; destruc- tion authorized. 4. Animals suffering from or exposed to contagious disease not to be brought into or kept in city. 5. Animal injured or diseased beyond recovery and abandoned, to be destroyed. 410 CODE OF ORDINANCES OF THE CITY OF NEW YORK 6. Animals injured or diseased past recovery, dead, or affected with an infectious or contagious disease to be reported and removed. 7. Dead, sick, or injured animals; interference by unauthor- ized persons prohibited. 8. Dead, sick, or injured animals; conditions dangerous to life or detrimental to health prohibited. 9. Dead horses; to be tagged before placing in street. 10. Rabid and vicious animals, Department of Health to be notified; destruction authorized; removal regulated. 11. Horses, cattle, swine, sheep, geese, and goats; not to be kept or yarded without a permit. 12. Keeping of cows regulated. 13. Tuberculin test of cows; certificate. 14. Cattle; adequate ventilation, proper food and water, to be provided. 15. Cattle; method of transporting in vehicles restricted. 16. Shelter for homeless animals; site to be approved; conduct thereof regulated. 17. Unmuzzled dogs; not permitted in any public place. 18. Sale of small animals regulated. 19. Live chickens, geese, ducks, and other fowls; the keeping, killing, and sale regulated. 20. Keeping of live pigeons regulated. 21. Horses to be tested for glanders. Sec. 2. Glanders, farcy, and other contagious diseases; duty of vet- erinary surgeon to report. Every veterinary surgeon who shall examine or professionally attend any animal in the City of New York affected with glanders, or farcy, or any other contagious dis- ease, shall, immediately upon the discovery of such veterinary sur- geon that such animal is thus affected, report in writing to the De- partment of Health the location of such diseased animal, the name and address of the owner thereof, and the type and character of the disease. (S. C., 127.) 3. Glanders, farcy, and other contagious diseases; animals suffering therefrom not to be retained or exposed; destruction authorized. No person shall keep or retain, or cause or allow to be kept or retained, at any place in the City of New York, any animal affected with glanders or farcy, or any other contagious disease, but shall, immediately upon his or her discovery that such animal is thus affected, report the fact and the location of such animal to the Department of Health. The Sanitary Superintendent, an Assistant Sanitary Superintend- ent, or the Director of the Bureau of Infectious Diseases, of the De- partment of Health, shall cause every such animal to be promptly isolated or killed, and, if killed, the body thereof to be promptly removed and disposed of, in such manner as he shall designate. (S. C., 125.) 4. Animals suffering from or exposed to contagious diseases not to be brought into or kept in city. No cattle, swine, sheep, horses, dogs, or cats, which are affected with or have been exposed to any disease which is contagious among such animals, shall be brought into or kept in the City of New York. (S. C., 124.) SANITARY CODE 411 5. Animal injured or diseased beyond recovery and abandoned, to be destroyed. Any animal, in any street or public place within or adjacent to the built-up portion of the City of New York, appearing in the opinion of any officer or inspector of the Department of Health (and that of two citizens, requested by such officer or inspector to view, in his presence, the said animal), to be so injured or diseased as to preclude the possibility of such animal thereafter serving any useful purpose, and not being properly cared for, may, if not re- moved within one hour after being found in such condition by the said officer or inspector, be destroyed by or according to the direc- tion of the said officer or inspector. (S. C., 129.) 6. Animals injured or diseased past recovery, dead, or affected with an injections or contagious disease to be reported and removed. Any person owning or having in his charge or under his control an animal injured or diseased past recovery, or dead, and not killed for or proper for use as food, or affected with an infectious or contagious disease, in the City of New York, shall, immediately upon discover- ing or learning such fact, notify the Department of Health thereof, and shall, under the direction of the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Infectious Diseases, of the Department of Health, or an officer of the Police Department, remove or cause the removal of such animal to such place as such official shall designate. (S. C., Sec. 130.) 7. Dead, sick, or injured animals; interference by unauthorized persons prohibited. No person other than a police officer or an in- spector or officer of the Department of Health, or other person au- thorized by law so to do, shall, in any way interfere with any dead, sick, or injured animal in any street or public place in the City of New York, except that the owner or person having control of such animal may terminate its life in the presence and by the consent of any such officer, inspector, or person. (S. C., 131.) 8. Dead, sick, or injured animals,' conditions dangerous to life or detrimental to health prohibited. No person shall leave in or throw into any street or public place, or public water, in the City of New York, or offensively expose or bury, anywhere in the said City, the body (or any part thereof) of any dead, sick, or injured animal; nor shall any person keep any dead animal or any offensive meat, bird, fowl, or fish, in a place where the same may be dangerous to the life or detrimental to the health of any person. (S. C., 128.) 9. Dead horses; to be tagged before placing in street. All dead horses, before being placed in the street, must bear a tag giving the name and address of the owner thereof and the stable from which the horse is removed. (S. C., 126.) 10. Rabid and vicious animals; Department of Health to be notified; destruction authorized; removal regulated. Every animal that has rabies or that shows symptoms of rabies, and every animal that has been bitten by another animal affected with rabies, or has been otherwise exposed to such disease shall, by the person owning the same or having possession thereof, be at once confined in some secure place for such length of time as may be necessary for the purpose of determining whether such disease exists or showing that such exposure has not given such animal said disease, and of avoiding all danger to life or health, and such person shall also, immediately 412 CODE OF ORDINANCES OP THE CITY OF NEW YORK upon discovering or learning any of the aforesaid facts, notify the Department of Health thereof and of the place where such animal is confined. Every animal which is mad or has rabies shall at once be killed by the owner or person having possession thereof, or by the Department of Health, and the body of any animal that has died of such disease, or being suspected of such disease has been killed, shall be at once surrendered to the Department of Health for disposition. Should a dog bite any person, it shall be the duty of the owner, or person, having the same in his possession or under his control, to immediately notify said Department thereof, and surrender said dog to said Department for inspection and observation; and such dog shall be returned to the person from whom the same shall have been received if found not rabid or vicious, and, if found to be rabid or vicious to such an extent as to be unsafe to be at large, it shall be destroyed by said Department. When the police or other person or authorities destroy a dog for any of the causes herein mentioned, it shall be his or their duty to immediately notify the Department of Health thereof and of the location of its body, so that the said body may be obtained by the said Department; and it shall be unlawful to remove any dog or animal to which the provisions of this section apply, or the body of any such dog or animal, except as herein provided. (S. C., 132.) 11. Horses, cattle, swine, sheep, geese, and goats,' not to be kept or yarded without a permit. No horses shall be yarded and no cattle, swine, geese, sheep, or goats, shall be kept or yarded within or ad- jacent to the built-up portions of the City of New York, without a permit issued therefor by the Board of Health. (S. C., 73.) 12. Keeping of cows regulated. No cows shall be kept in the City of New York without a permit issued therefor by the Board of Health or otherwise than in accordance with the terms of the said permit and with the Regulations of said Board. (S. C., 72.) 13. Tuberculin test of cows; certificate. No milch cow or cow in- tended for any purpose other than slaughter, shall be admitted^to the City of New York unless accompanied by a certificate stating that the said cow is free from tuberculosis so far as may be ascer- tained by physical examination and the application of the tuber- culin test. Said certificate shall contain a physical description of the cow sufficiently accurate for the purpose of identification, and must be signed by a legally licensed veterinarian, who shall state the date and place of his registration. The certificate shall also bear a number which must correspond with a tag that shall have been securely attached to and be on the ear of the cow. The certificate shall also contain the date of the examination, which examination shall have been made not more than sixty days prior to the time the cow indicated therein is brought into the city; it must also contain the place of examination, the temperature of the cow for six hours prior to the injection of tuberculin, the name, quality, and character of the preparation of tuberculin used, the location of the injection, the quantity injected, and the temperatures from the eighth to the twentieth hours after the injection, or until the reaction is completed. (S. C., 124.) (As amended by the Board of Health, May 6, 1915, and as further amended by said Board, July 28, 1916.) 14. Cattle; adequate ventilation, proper food and water to be pro- SANITARY CODE 413 vided. No cattle shall be kept in any place, in the City of New York, where the ventilation is not adequate, and the water and food are not of such quality and in such condition as to properly preserve their health, condition, and wholesomeness for food. (S. C., 71.) 15. Cattle, method of transporting in vehicles restricted. No cattle shall be placed or carried while bound or tied by the legs, or bound down by the neck, in any vehicle in the City of New York, but shall be allowed to freely stand in such vehicle when transported and while being therein. (S. C., 77.) 16. Shelter for homeless animals,' site to be approved; conduct thereof regulated. No shelter for homeless animals shall hereafter be opened or established in the City of New York unless the site therefor be first approved by the Board of Health; and no such shelter shall be conducted in said City without a permit therefor issued by the said Board or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 81a.) 17. Unmuzzled dogs; not permitted to any public place. -No un- muzzled dog shall be permitted at anytime, to be on any public highway or in any public park or place in the City of New York. (S. C., 80a.) Sustained People ex rel. Knoblauch v. Warden, 216 N. Y. 162. 18. Sale of small animals regulated.- No person shall sell or keep for sale at any place in the City of New York any dogs, cats, birds or other small animals, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 80.) 19. Live chickens, geese, ducks, and other fowls; the keeping, killing, and sale regulated. No live chickens, geese, ducks, or other fowls, shall be brought into, or kept, held, offered for sale, sold, or killed in, any yard, area, cellar, coop, building, premises, public market, or other public place, except premises used for farming in unim- proved sections of the City, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 79.) 20. Keeping of live pigeons regulated. No live pigeons shall be kept within the built-up portion of the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 81.) 21. Horses to be tested for glanders. No horse shall be brought into or kept in the City of New York unless it shall have been tested and found to be free from glanders by a duly licensed veterinarian, in accordance with the Regulations of the Board of Health. New. Adopted December 28, 1917. ARTICLE 3 BIRTHS, MARRIAGES, AND DEATHS Sec. :u. Births; parents and every person to report; physicians and professional midwives to keep register and file written copy. 414 CODE OP ORDINANCES OF THE CITY OF NEW YORK 32. Deaths; duty of physicians and other persons to report; contents of death certificate; physicians to register with Bureau of Records. 33. Births, marriages, and deaths; copy of registry to be filed. 34. Marriages; duty of clergymen, magistrates, and other per- sons performing ceremony. 35. Persons who perform the marriage ceremony must register. 36. False certificates, statements, and reports. 37. Dead bodies of human beings; permit to carry or convey required; exception. 38. Dead bodies of human beings; transit permit required; conditions under which said permit will be granted. 39. Dead bodies of human beings not to be retained or exposed. 40. Dead bodies of human beings not to be retained unburied. 41. Dead bodies of human beings; duty of persons discovering such bodies to communicate with Department of Health. 42. Dead bodies of human beings; interment, cremation, or other disposition; permit required. 43. Sextons and undertakers; to register with Department of Health. 44. Duties of sextons and other persons. 45. Crematories, burying-grounds, cemeteries, tombs, and vaults; permit required to establish, to bury, and to open receptacle; burial of dead body restricted. 46. Business of undertaking regulated; permit required. Sec.1 31. Births and still births; parents and every person to report; physicians and professional midwives to keep registry and file written copy. It shall be the duty of the parents of any child born alive or dead in the City of New York (and if there be no parent alive that has made such report, then of the next of kin of said child born), and of every person present at such birth or still birth, to file with the Department of Health, within ten days after such birth and within thirty-six hours after such still birth, a report, in writing, stating, as far as known, the date, borough, street, and street num- ber of said place of birth or still birth, the name, sex, and color of such child born, the name, residence, birthplace and age of the parents, respectively, the occupation of the father and mother, and the maiden name of the mother. It shall also be the duty of physi- cians and professional midwives to keep a registry of the several births or still births in which they have assisted professionally, which shall contain the date of birth or still birth, the borough, street, and street number of premises wherein such birth or still birth took place, the sex and color of the child, and also, as nearly as can be ascertained, the name of the said child, the number of previous children born of the mother, the number now living, the name, residence, birthplace and age of the parents, respectively, the occupation of the father and mother, and the maiden name of the mother; and it shall be the duty of such physicians and professional midwives, also, to file a written copy of the said registry of birth or still birth with the Department of Health in the borough office of the borough wherein the birth or still birth occurred, within ten days after such birth and within thirty-six hours after such still SANITARY CODE 415 birth, upon blank forms furnished by the said Department. Such physicians and professional midwives shall also certify that they assisted professionally at the birth or still birth so reported, and that all the other facts stated in the copy of the said registry are true to the best of their knowledge, information and belief. (S. C., 159.) Adopted December 28, 1917. Statute requires N. Y. Boards of Health to make complete registration of births, deaths and marriages. People v. New Lots, 34 Hun, 336; Matter of Lauteryung, 48 N. Y. Super. Ct. 308. 32. Deaths; duty of physicians and other persons to report; con- tents of death certificate. Physicians who shall have attended de- ceased persons in their last illness shall make and preserve a registry of the death of every such person, stating the cause thereof and specifying the date, hour, street, and street number of the premises, of such death, and shall file with the Department of Health a re- port, in writing, of the death of every such person, stating, as nearly as can be ascertained, the date of death, the sex, name and surname, age, occupation, term of residence in the City of New York, place of nativity, condition of life, namely, whether single or married, a widow or widower, or divorced, the color, last place of residence, the name and birthplace of the parents, respectively, the maiden name of the mother, and the chief and determining, and the con- tributory, cause or causes of death, of such person; stating also whether an autopsy has been performed, and, if so, the findings of such autopsy; and the chief medical examiner, the deputy medical examiners, and the assistant medical examiners of the City, shall, in their certificates, conform to the requirements of this section, and, where death shall have resulted from accident, homicide, or suicide, shall specify how, when, and where the injuries causing such death were received. (S. C., 160.) Adopted December, 28, 1917. Mandamus will lie to compel a hospital to correct a certificate of death which they have filed with the Health Department. People ex rel. Haase v. German Hosp., 8 Abb. N. C. 332. 33. Births, still births, marriages, and deaths; copy of registry to be filed. It shall be the duty of every person required to make or keep a registry of births, still births, marriages, or deaths, to pre- sent to the Bureau of Records of the Department of Health a copy of such registry signed by such person, within ten days after the birth or marriage, and within thirty-six hours after the death or still birth, of any person to whom such registry relates, which copy of such registry shall thereupon be placed on file in the said Bureau. (S. C., 161). Adopted December 28, 1917. This does not mean leaving the notice personally with the Board of Health; mailing is sufficient. Dept. Health City of N. Y. v. Owen, 94 App. Div. 425. 34. Marriages; duty of clergymen, magistrates, and other persons performing ceremony. It shall be the duty of clergymen, magis- trates, and other persons who perform the marriage ceremony in the City of New York, to keep a registry of the marriages performed by them, respectively, which shall contain the place and date of marriage, the age, color, name and surname, birthplace, and resi- dence, respectively, of the bride and groom, the number of times 416 CODE OF ORDINANCES OF THE CITY OF NEW YORK each has been married, the condition of each, namely, whether single, a widow or widower, or divorced, the occupation of the groom, the maiden name of the bride, if a widow, and the names of the parents and the maiden name of the mother, of each. (S. C., 158.) 35. Persons who perform the marriage ceremony must register. Every person authorized by law to perform the marriage ceremony shall, before performing any such ceremony in the City of New York, register his or her name and address, and every change of address, in the office of the Bureau of Records of the Department of Health. (S. C., 158.) 36. False certificates, statements and reports. No person shall make, prepare, deliver, or issue any false certificate, statement, or report, of a birth, marriage, or death, or any certificate, statement, or report, which is not in accordance w,th the facts of the birth, mar- riage, or death. All certificates, statements, and reports, of births, marriages, or deaths, shall be signed by the person purporting to make the same, and no person shall sign or forge the name of another to any such certificate, statement or report. (S. C., 162.) 37. Dead bodies of human beings; permit to carry or convey re- quired; exception. No captain, agent, or other person, having charge of or attached to any ferry-boat or sailing or other vessel, or any person in charge of any public or private vehicle or conveyance, shall convey or allow to be conveyed, thereon or therein, from, through, into, or within the City of New York, nor shall any person carry or convey, or allow to be carried or conveyed, in any manner, from, through, into, or within the said City, the dead body of any human being, or any part thereof, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of such permit and the Regulations of said Board; provided, however, that the same effect shall be given, under this section, to a transit permit issued by Boards of Health, Health Officers, Registrars, or other duly authorized persons, in any State of the United States whose rules and regulations for the transportation of the dead shall, when such permit is issued, be in material accord with those at the time in force in the City of New York, as though such permit were is- sued by the Board of Health of the City of New York. (S. C. 163.) 38. Dead bodies of human beings; transit permit required; condi- tions under which said permit will be granted. No transit permit shall be granted for the removal, burial, or other disposition of the re- mains of any person who shall have died in the City of New York unless a certificate of death, prepared upon a form furnished by the Department of Health and signed as hereinafter provided, shall have been filed in the said Department. Such certificate must be signed by a physician upon whom has been conferred the degree of doctor of medicine, or by a physician who has been granted a license after a medical examination con- ducted by the New York State Board of Medical Examiners, the questions for which have been prepared by the Board of Regents of said State. (S. C., 163a.) 39. Dead bodies of human beings not to be retained or exposed. No person shall retain, expose, or allow to be retained or exposed, the dead body of any human being to the peril or prejudice of the life or health of any person. (S. C., 164.) SANITARY CODE 417 40. Dead bodies of human beings not to be retained unburied. No person shall retain unburied the dead body of any human being for a longer period than four days after the death of such person, with- out a permit from the Sanitary Superintendent, an Assistant Sani- tary Superintendent, or the Director of the Bureau of Infectious Diseases, which permit shall specify the length of time during which such body may be so retained. (S. C., 165.) 41. Dead bodies of human beings; duty of persons discovering such bodies to communicate with Department of Health. It shall be the duty of every person who has discovered or seen the body of a dead human being or any part thereof (if there is reason for such person to think that the fact of the death, or the place of such body, or part thereof, is not publicly known), to immediately communicate to the Department of Health the fact that such person has discovered or seen such body, the place where, and time when, such body was discovered or seen, and (if known) the place where such body is or may be found, and any facts known by which such body may be identified or the cause of death ascertained. (S. C., 166.) 42. Dead bodies of human beings; interment, cremation, or other disposition; permit required. No interment, cremation, or other disposition, of the dead body of any human oeing, shall be made in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of such permit and the Regulations of said Board, and the said dead body shall be placed in a metallic or tin-lined box, or a box so constructed as to prevent the issuance of any liquids therefrom. No sexton or other person shall assist in, assent to, or allow the interment, crema- tion, or other disposition of any such body, or aid the preparation of or assist in preparing any grave or place of deposit for any such body, unless a permit shall have been issued, as hereinbefore provided, au- thorizing such interment, cremation, or other disposition of such body; and it shall be the duty of every person who shall receive any such permit to return such permit to the Department of Health in ac- cordance with the Regulations of the Board of Health. (S. C., 167.) 43. Sextons; to register with Department of Health. Every person who acts as a sexton in the City of New York, or has the charge or care of any crematory, vault, tomb, burying-ground, or cemetery for the reception of the dead bodies of human beings, or any place wherein the bodies of any human beings are deposited, shall cause his or her name and address, and every change of address, and the character of his or her duties, to be registered with the Bureau of Records of the Department of Health. (As amended by the Board of Health, December 31, 1919.) 44. Duties of sextons and other persons. Every sexton and other person having charge of any crematory, burying-ground, cemetery, tomb, or vault, in the City of New York, shall, before twelve o'clock on Monday of each week, make a return to the Department of Health, which return shall set forth a record of the receipt and dis- position of each body buried or cremated since the last return and which said return shall be in such form, and shall specify such addi- tional particulars, as the Regulations of the Board of Health shall require. (S. C., 170.) 45. Crematories, burying-grounds, cemeteries, tombs, and vault*; 418 CODE OP ORDINANCES OF THE CITY OP NEW YORK permit required to establish, to bury, and to open receptacle; burial of dead body restricted. No new crematory, burying-ground, cemetery, tomb, or vault to be used for the reception of dead human bodies shall be established, nor shall any dead body, or the remains thereof, be placed in any existing burying-ground, vault, tomb, or cemetery, in the City of New York, nor shall any grave, vault, tomb, or other receptacle in which there is a human body or any part thereof, be opened, exposed, or disturbed, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of such permit and the Regulations of said Board, and every body buried in any such place shall be buried to the depth of six feet below the surface of the ground, and four feet below any closely adjacent street, except that, in the Borough of Queens, a body may be buried to the depth of three feet below the surface of the ground. (S. C., 168.) 46. Business of undertaking regulated; permit required. No person, firm, or corporation shall carry on or engage in the business or practice of undertaking in the City of New York without a permit therefor, issued by the Board of Health, or otherwise than in accord- ance with the terms of said permit and the Regulations of said Board. (The provisions of this section shall take effect February 1, 1920.) (As adopted by the Board of Health, December 31, 1919.) ARTICLE 4 BUILDINGS Sec. 51. Joint and several responsibility of owner, lessee, tenant, and occupant for existence of nuisance or violation of Sanitary 52. Inadequate strength, ventilation, light, and sewerage, of buildings, and conditions therein dangerous or prejudical to life or health, forbidden. 53. Nuisances, conditions dangerous and prejudical to life or health; duties of owners, tenants, lessees, and occupants of buildings and lots. 54. Dwellings; sanitary conditions; duties of owner and lessee. 55. Theatres, manufactories, and workrooms; sanitary condi- tions, lighting, heating, and ventilation. 56. Lodging-houses, boarding-houses, or manufactories not to be overcrowded. 57. Schools, gymnasiums, and places of public worship; duties and responsibilities of persons in charge. 58. Stables; to be maintained in accordance with the Regula- tions of the board of Health. 59. Roof and skylights to be kept in good repair. 60. Walls and ceilings to be clean. 61. Water tanks on roofs of buildings; their use regulated. 62. Sleeping in cellars or in any place dangerous or prejudicial to life or health prohibited. Sec. 51. Joint and several responsibility of owner, lessee, tenant, and occupant for existence of nuisance or violation of Sanitary Code. SANITARY CODE 419 The owner, lessee, tenant, and occupant of every building or premises, or of any part thereof, where there shall be a nuisance, or a violation of any section of the Sanitary Code, shall be jointly and severally liable therefor, in so far as they, respectively, have the power to prevent or abate such nuisance or prevent such violation, and, to such extent, each of them may be required to abate the nuisance, or comply with the order of the Board of Health in respect to such building, premises, or part thereof. (S. C., 13.) Golden v. Health Dept., 21 App. Div. 420; People ex rel. Copcutt v. Board of Health, 140 N. Y. 1; Board of Health v. Copcutt, 140 N. Y. 12; Lawton v. Steele, 119 N. Y. 226. 52. Inadequate strength, ventilation, light, and sewerage, of build- ings, and conditions therein dangerous or prejudicial to life or health, forbidden. No person, persons, or corporation, shall hereafter, in the City of New York, erect or cause to be erected, or convert or cause to be converted to a new purpose by alteration, any building or structure, or change or cause to be changed the construction of any part of any building or structure by addition or otherwise, so that it, or any part thereof, shall be inadequate or defective in respect to strength, ventilation, light, sewerage, or any other usual, proper, or necessary provision or precaution for the security of life and health; nor shall the builder, owner, lessee, tenant, or occupant of any building or structure in the said city cause or allow any matter or thing to be or to be done in or about any such building or structure dangerous or prejudicial to life or health. (S. C., 16.) 53. Nuisances, conditions dangerous and prejudicial to life or health; duties of owners, tenants, lessees, occupants, and persons in charge of buildings and lots. Every owner, lessee, tenant, occupant or person in charge of any building or premises within or adjacent to the built-up portions of the City of New York shall keep and cause to be kept the sidewalk, flagging and curbstone abutting on said building or premises free from obstructions and nuisances of every kind, and shall sweep and remove or cause to be swept and removed therefrom all garbage, refuse, filth, dirt, and other offensive material and shall keep such sidewalk, flagging, and curbstone free from gar- bage, refuse, filth, dirt, and other offensive material. Every such sidewalk, flagging, or curbstone shall be spattered with wet sawdust, paper or sand, sprinkled with water, or some other equally effective method or material used, to prevent and avoid the raising of dust when such garbage, refuse, filth, dirt, or other offensive material is swept or removed therefrom. Such garbage, refuse, filth, dirt, and other offensive material removed from the sidewalk, flagging or curbstone may be piled in the gutter or roadway between the hours of six and eight o'clock in the morning, but shall not be put or placed in, or swept, shovelled, thrown, emptied, or deposited into, the gutter or roadway at any other time. No such owner, tenant, lessee, occupant or person in charge shall allow anything in, on, or about such building or premises, or any condition arising or existing therein or thereon, to become a nuisance, or dangerous or prejudicial to life or health. (S. C. 41.) (As amended by the Board of Health, Dec. 28, 1916, and further amended Oct. 30, 1918.) 54. Dwellings; sanitary conditions; duties of oumer and lessee. No owner or lessee of any building, or any part thereof, shall lea.se 420 CODE OF ORDINANCES OF THE CITY OF NEW YORK or let or hire out or allow the same or any part thereof to be occupied by any person, or allow any one to dwell or lodge therein, except when said building or such parts thereof are sufficiently lighted, ventilated, provided, and. accommodated, and are in all respects in that condition of cleanliness and wholesomeness for which this Code or any law of this State provides, or in which the said Code or any such law required any such premises to be kept. Nor shall any such person, having power to prevent the same, rent, let, hire out, or allow, to be used as or for a place of sleeping or residence, any cellar in any building, or any room of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell, or exhalation, prejudicial to health. (S. C., 17.) 55. Theatres, manufactories, and workrooms; sanitary condi- tions, lighting, heating, and ventilation. The owner, agent, lessee, tenant, manager, and person conducting every theatre, auditorium, assembly hall, factory, workroom, store, or office, shall cause every part thereof and its appurtenances to be put, and shall thereafter cause the same to be kept, in a cleanly and sanitary condition, and shall cause every room thereof to be adequately lighted; shall pro- vide, in each room thereof, proper and sufficient means of ventilation by natural or mechanical means, or both, and maintain proper de- grees of temperature and humidity in every room thereof; and shall cause every part of any such place to be provided with such accom- modations and safeguards, as not, by reason of the want thereof, or by reason of anything about the condition of such place or its appur- tenances, to cause any unnecessary danger or detriment to the life or health of any person being properly therein or thereat. (S. C., 22.) 56. Lodging-houses, boarding-houses, or manufactories not to be overcrowded. No owner, lessee, or keeper of any lodging-house, boarding-house, factory, workroom, store, office or place of business, shall cause or allow the same to be overcrowded or cause or allow so great a number of persons to dwell, be, or sleep in any such house, or any portion thereof, as thereby to cause any danger or detriment to life or health. (S. C., 19.) 57. Schools, gymnasiums, and places of public worship; duties and responsibilities of persons in charge. No master or teacher, or man- ager of, or in, any school, public or private, or of or in any Sunday- school or gymnasium, or the officer thereof, or officer or manager or person having charge of any place of public worship, shall so far omit or neglect any duty or reasonable care or precaution respecting the safety or health of any scholar, pupil, or attendant, or respecting the temperature, ventilation, cleanliness, or strength, of any church, hall of worship, school-house, school-room, or place of practice or exercise con- nected therewith, or relative to anything appurtenant thereto, so that by reason of such neglect or omission, the life or health of any person shall suffer or incur any avoidable peril or detriment. (S. C., 25.) 58. Stables; to be maintained in accordance with the Regulations of the Board of Health. No stable shall be maintained in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. The provisions of this section shall apply to the owner, lessee, tenant, occupant, or person in charge of such stable. SANITARY CODE 421 59. Roofs and skylights to be kept in good repair. The roofs, skylights, walls, and windows of all buildings shall be kept in a condi- tion of good repair so that rain water shall not enter the building. (S. C., 24.) 60. Walls and ceilings to be clean. All filthy and dirty walls and ceilings of any building, including the walls and ceilings of the cellars thereof, shall be thoroughly cleaned and whitewashed whenever required by the Department of Health. (S. C., 23.) 61. Water tanks on roofs of buildings; their use regulated. Every tank for holding water located on the roof or external part of a building shall be kept completely covered with a tight-fitting cover. Every tank from which water is furnished for drinking and domestic purposes shall be emptied and the inside thoroughly cleaned at least once a year and at such other times as may be directed by the San- itary Superintendent or an Assistant Sanitary Superintendent of the Department of Health. (S. C., 62a, as amend. Dec. 21, 1915.) 62. Sleeping in cellars or in any place dangerous or prejudicial to life or health prohibited. No person having the right and power to prevent the same shall knowingly cause or permit any person to sleep or remain in any cellar, in any bathroom, in any room where there is a water-closet, or in any place dangerous or prejudicial to life or health, by reason of the want of ventilation or drainage, or by reason of the presence of any poisonous, noxious, or offensive odor or substance, or otherwise. (S. C., 18.) ARTICLE 5 COLD STORAGE Sec. 71. The term "food "defined. 72. Cold storage food to be marked. 73. Time that cold storage food may be kept. 74. Food when once released for the purpose of placing same on market for sale not to be returned to cold storage. 75. Food kept in cold storage not to be sold without represent- ing the fact of such storage. Sec. 71. The term "food" defined. The term food as used in this Article shall include any article, except nuts, fruits, cheese and veg- etables, used for food by man or animal and every ingredient of such article. (New.) 72. Cold storage food to be marked. It shall hereafter be unlaw- ful for any person or persons, corporation or corporations, engaged in the business of cold storage warehousemen^ or in the business of refrigerating, to receive any kind of food unless the said food is in an apparently pure and wholesome condition, and the food or the pack- age containing the same is branded, stamped or marked, in some conspicuous place, with the day, month and year when the same is received in storage or refrigeration. It shall be unlawful for any person or persons, corporation or cor- porations, engaged in the business of cold stomgp warehousemen or in the business of refrigerating to permit any article of any kind 422 CODE OP ORDINANCES OF THE CITY OF NEW YORK whatsoever used for food in the possession of any person or persons, corporation or corporations, engaged in the business of cold storage warehousemen or refrigerating, to be taken from their possession without first having branded, stamped or marked on said food stuffs or the package containing same, in a conspicuous place, the day, month and year when said food stuffs or package was removed from cold storage or refrigeration. It shall also be unlawful for any person or persons, corporation or corporations, to offer for storage in a cold storage warehouse or to place in storage in a cold storage warehouse any article of food unless the same is in an apparently pure and wholesome condition. (New.) Sec. 73. Time that cold storage food may be kept. It shall hereafter be unlawful for any person, corporation or corporations, engaged in the business of cold storage warehousemen or refrigerating, or for any person or corporation placing food in a cold storage warehouse, to keep in storage for preservation or otherwise any kind of food or any article used for food a longer period than twelve calendar months. As amended by the Board of Health, December 31, 1918. 74. Food when once released for the purpose of placing same on market for sale not to be returned to cold storage, When food has been in cold storage or refrigeration and is released therefrom for the pur- pose of placing the same on the market for sale it shall be a violation of the provisions of this Article to again place such food in cold storage or refrigeration. (New.) 75. Food kept in cold storage not to be sold without representing the fact of such storage. It shall be a violation of the provisions of this Article to sell any article or articles of food that have been kept in cold storage or refrigeration, without representing the same to have been so kept. (New.) ARTICLE 6 MEDICAL EXAMINERS Sec. 80. Duties of medical examiners. Sec. 80. Duties of medical examiners. The chief medical examiner, the deputy medical examiners and the assistant medical examiners shall transmit and cause to be delivered to the Department of Health within two hours after viewing the dead body of any person who has died from any infectious disease the following facts so far as known or reported to such chief medical examiner, deputy medical examiners, and assistant medical examiners: the name of the de- ceased; the place of death, giving the street and street number or such other particulars as will identify said place of death; the loca- tion of the body; the cause of death; the date and time of death; the name or names of physician or physicians, if any, attending the deceased in his or her last illness; the occupation of deceased; the place of employment; the place to which body has been removed, if removal permit has been issued; and if autopsy was performed, the findings thereof . (S. C., 80.) Adopted December 31, 1917. SANITARY CODE 423 ARTICLE 7 DISEASES Sec. 86. Duty of persons in charge of hospitals, and of physicians, to report infectious diseases. 87. Duty of every person to report persons affected with an in- fectious disease. 88. Duty of superintendents of hospitals and dispensaries, and of physicians, to report cases of venereal disease. , 89. Isolation of persons affected with infectious diseases. 90. Duty of physicians to report deaths from infectious diseases. 91. Puerperal septicaemia and suppurative conjunctivitis; duty of officers of schools, dispensaries, and other institutions, and of physicians, to report. 92. Occupational diseases and injuries; duty of officers of hospitals, public institutions, and dispensaries, and of physicians, to report. 93. Group of cases of food poisoning; duty of officers of hospitals, and of physicians, to report. 94. Exclusion of children from schools. 95. Exclusion of teachers and instructors affected with certain dis- eases. 96. Isolation of persons affected with infectious diseases in institu- tions. 97. Removal of persons affected with any infectious disease au- thorized. 98. Removal of persons affected with an infectious disease regulated. 99. Persons having an infectious disease not to engage in manu- facturing in tenement houses. 100. Acts tending to promote spread of disease prohibited. 101. Disinfection and renovation of premises, furniture, and be- longings. 102. Duties of undertakers. 103. Public or church funerals prohibited where death has been caused by certain diseases. 104. Cyanide used for fumigating purposes regulated. 105. Diagnostic laboratories regulated. 106. Wood alcohol poisoning to be reported. Sec. 86. Duty of persons in charge of hospitals, and of physicians, to report infectious diseases. It shall be the duty of the manager or man- agers, superintendent, or person in charge of every hospital, institution, or dispensary, in the City of New York, to report to the Department of Health in writing the full name, age, and address of every occupant or inmate thereof or person treated therein, affected with any one of the infectious diseases included in the following list, with the name of the disease, within twenty-four hours after the time when the case is diag- nosed, and it shall be the duty of every physician in the said City to make a similar report to the said Department within the same period relative to any person found by such physician to be affected with any one of the said infectious diseases, stating, in each instance, the name of the disease: acute anterior poliomyelitis (infantile paralysis), anthrax, Asiatic cholera, botulism, diphtheria (croup), dysentery (epidemic), en- cephalitis lethargica, epidemic cerebro-spinal meningitis, glanders, sup- punitive conjunctivitis, hook-worm disease, leprosy, malarial fever, measles, mumps, paratyphoid fever, plague, pulmonary tuberculosis, unite lobar pneumonia, bronchial or lobular pneumonia, influenza, rabies, rubella ((lerinan measles, rotheln), scarlet fever, epidemic septic sore- 424 CODE OF ORDINANCES OF THE CITY OF NEW YORK throat, smallpox, tetanus, trachoma, trichinosis, tuberculous meningitis, typhoid fever, typhus fever, varicella (chicken-pox), whooping-cough, and yellow fever. Provided, that if the disease is typhoid fever, scarlet fever, dphtheriai, epidemic dysentery, or epidemic septic sore throat, every such report shall also show whether the patient has been, or any member of the household in which the patient resides is, engaged or employed in the handling of milk, cream, butter, or other dairy products for sale or preliminary to sale. (S. C., 133.) (As amended by the Board of Health, September 17, 1918, and further amended January 27, 1921.) 87. Duty of every person to report persons affected with an infectious disease. When 'no physician is in attendance, it shall be the duty of every person having knowledge of any person affected with any disease apparently or presumably infectious to at once report to the Depart- ment of Health all facts in relation to the illness and physical condition of any such person. (S. C., 136.) 88. Duty of superintendents of hospitals and dispensaries, and of physi- cians, to report cases of venereal disease. It shall be the duty of the man- ager, superintendent, or person in charge, of any correctional institution and of every public or private hospital, dispensary, clinic, asylum, or charitable institution in the City of New York to report promptly to the Department of Health the name or initials, together with the sex, age, marital state, and address, of every occupant or inmate thereof or person treated therein, affected with syphilis or gonorrhoea; and it shall also be the duty of every physician in the said City to promptly make a similar report to the Department of Health relative to any person found by such physician to be affected with syphilis or gonorrhoea. All reports made in accordance with the provisions of this section, and all records of clinical or laboratory examinations indicating the presence of syphilis or gonorrhoea, shall be regarded as confidential, and shall not be open to inspection by the public or by any person other than the official cus- todian of such reports or records in the Department of Health, the Com- missioner of Health, and such other persons as may be authorized by law to inspect such reports or records, nor shall the custodian of any such report or record, the said Commissioner of Health, or any such other person divulge any part of any such report or record so as to dis- close the identity of the person to whom it relates. It shall be the duty of every physician to furnish and deliver to every person found by such physician to be affected with syphilis or gonorrhoea a circular of instruc- tion and advice issued or approved by the Department of Health of the City of New York and to instruct such person as to the precautions to be taken in order to prevent the communication of the disease to others. No person affected with syphilis or gonorrhoea shall, by a negligent act, cause, contribute to or promote the spread of such diseases. As amended by the Board of Health, June 28, 1917. 89. Isolation and quarantine of means affected with infectious disease. It shall be the duty of every physician, immediately upon discovering a person affected with an infectious disease, to secure such isolation and quarantine of such person, or to take such other action as is or may be required by the Regulations of the Department of Health. As amended by the Board of Health, January 30, 1917. But no person can be quarantined simply because he has not been vaccinated. Matter of Smith, 146 N. Y. 68. 90. Duty of physicians to report deaths from infectious diseases. It shall be the duty of every physician to report forthwith, in writing, to the Department of Health, the death of every person who dies from, or while suffering with, any infectious disease, and to state in such report the specific name and type of such disease. (S. C., 135.) 91. Puerperal septicccmia and suppurative conjunctivitis: duty of offi- SANITARY CODE 425 cers of schools, dispensaries, and other institutions, and of physicians, to report. It shall he the duty of the manager or managers, superin- tendent, or person in charge of every sanatarium, day nursery, con- valescent home, home for children, reformatory, training school, boarding school, hospital, dispensary, or other institution for the care or treatment of persons, in the City of New York, to immediately report, or cause to be immediately reported, in writing, to the De- partment of Health, the name, age (so far as can be ascertained), and residence of every person received therein or treated thereat who is affected with puerperal septicaemia or suppurative conjunc- tivitis, with the name of the disease with which such person is af- fected, and it shall be the duty of every physician in the said City to immediately make, or cause to be immediately made, a similar written report to the said Department relative to any person found by such physician to be so affected, stating, in each instance, the name of the disease with which said person is affected. Every such manager, physician, and officer shall also report, in writing, the name and address of the physician or midwife in attendance at the time of the onset of the disease, which information it is hereby made the duty of every institution herein specified to obtain and record among its records." (As amended by the Board of Health, July 23, 1918.) 92. Occupational diseases and injuries; duty of officers of hospitals, public institutions, and dispensaries, and of physicians, to report. It shall be the duty of the manager or managers, superintendent, or person in charge of every hospital, institution, or dispensary, in the City of New York, to report to the Department of Health, in writing, the full name, age, and address of every occupant or inmate thereof or person treated therein, affected with any one of the occu- pational diseases included in the list appended, with the name of the disease, within twenty-four hours after the time when the case is diagnosed and it shall be the duty of every physician to make a similar report to the said Department within the said period relative to any person found by such physician to be affected with any one of the said occupational diseases, stating, in each instance, the name of the disease: Arsenic poisoning, bisulphide of carbon poisoning, brass poisoning, caisson disease (compressed-air illness), carbon monoxide poisoning, dinitrobenzine poisoning, lead poisoning, mer- cury poisoning, methyl alcohol or wood naphtha poisoning, natural gas poisoning, phosphorus poisoning. (S. C., 134.) 93. Group of cases of food poisoning; duty of officers of hospitals, and of physicians, to report. It shall be the duty of every physician, and of the manager, superintendent, or other person in charge of any hospital, dispensary, or other institution, having knowledge of the occurrence of a number or group of cases of severe or fatal ill- ness, which appear to be due to the consumption of spoiled or poi- sonous articles of food to immediately report the same to the De- partment of Health. 94. Exclusion of children from schools. No principal or superin- tendent of any school, and no parent,' master, or custodian of any child or minor (having the power and authority to prevent) shall permit any child or minor having acute poliomyelitis (infantile paralysis), chicken-pox, diphtheria (croup), epidemic cerebro-spinal meningitis, measles, mumps, pulmonary tuberculosis (if in a com- 426 CODE OP ORDINANCES OF THE CITY OP NEW YORK municable form), rubella (German measles, rotheln), scarlet fever, smallpox, or whooping-cough, or any child or minor in any family, or living with any family, in which any such disease exists or has recently existed, to attend any public, private, or parochial school until the Department of Health shall have given its permission there- for, nor shall any such principal, superintendent, parent, master, or custodian permit any child or minor to be unnecessarily exposed, or to needlessly expose any other person, to any infectious disease or to any infective person or agent. (S. C., 145.) 95. Exclusion of teachers and instructors affected with certain dis- eases. No person affected with pulmonary tuberculosis (if in a com- municable form) or with any other disease mentioned in Section 94 of the Sanitary Code shall be employed as teacher or instructor in any public, private, or parochial school, or permitted to teach or in- struct therein, unless the written permission therefor shall have been obtained from the Department of Health. 96. Isolation of persons affected with infectious diseases in institu- tions. It shall be the duty of the manager or managers, superin- tendent, or person in charge of every sanatorium, sanitarium, day nursery, convalescent home, home for children, reformatory, train- ing school, boarding school, hospital, dispensary, or other institution for the care or treatment of persons, in the City of New York, to provide and maintain a suitable room or rooms for the isolation of persons affected with such infectious diseases as the Regulations of the Department of Health may from time to time designate as being subject to the provisions of this section, and such persons shall im- mediately be isolated in such room or rooms. (S. C., 140.) 97. Removal of persons affected with any infectious disease au- thorized. Whenever an inspector of the Department of Health shall report in writing that any person affected with any infectious disease, under such circumstances that the continuance of such per- son in the place where he or she may be is dangerous to the lives or health of other persons residing in the neighborhood, the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Direc- tor of the Bureau of Infectious Diseases, of the said Department, upon the report of a Medical Inspector of the said Department may cause the removal of such person to a hospital designated by the Board of Health. (S. C., 139.) 98. Removal of persons affected with an infectious disease regu- lated. No person shall, in the City of New York, without a permit therefor issued by the Board of Health, carry, move, or cause to be carried or moved, in any manner whatsoever, through any public street or place any person affected with an infectious disease, or any article which has been exposed to such disease; nor shall any per- son remove or cause to be removed, in the City of New York, any such person or article from any building or vessel to any other build- ing or vessel, or to the shore, without a permit therefor issued by the Board of Health. (S. C., 143.) 99. Persons having an infectious disease not to engage in manu- facturing in tenement houses. Unless permission therefor shall have been obtained from the Department of Health, no person affected with any infectious disease, or who is exposed to any infectious dis- ease, shall, in any tenement house or in any part thereof, engage in SANITARY CODE 427 the manufacture, altering, repairing, or finishing of any article what- soever, except for the sole and exclusive use of the person so engaged. Whenever required by the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Infectious Diseases, of the Department of Health, any person engaged in the manufacture, altering, repairing, or finishing of any article whatso- ever, except for the sole and exclusive use of the person so engaged, shall submit to a physical examination by a medical inspector of the said Department. 100. Acts tending to promote spread of disease prohibited. No person shall by any exposure of any individual sick of any infectious disease, or of the body of such person, or by any negligent act con- nected therewith, or in respect of the care or custody thereof, or by a needless exposure of himself, cause, contribute to, or promote, the spread of disease from any such person, or from any dead body. (S. C., 143.) 101. Disinfection and renovation of premises, furniture, and be- longings. Adequate disinfection or cleansing and renovation of premises, furniture, and belongings, deemed by the Department of Health to be infected by any contagious, infectious or communicable disease, shall immediately follow the recovery, death, or removal of the person suffering from such disease, and such disinfection or cleansing and renovation shall be performed 'by the owner of said premises. (S. C., 146.) 102. Duties of undertakers. It shall be the duty of every under- taker having notice of the death of any person within the City of New York of acute cerebro-spinal meningitis, acute poliomyelitis (infantile paralysis), Asiatic cholera, diphtheria (croup), plague, scarlet fever, smallpox, or typhus fever, or of the bringing of the dead body of any person who has died of any such disease into the said City, to give immediate notice thereof to the Department of Health. No person shall retain or expose, or assist in the retention or exposure of, the dead body of any such person except in a coffin or casket properly sealed; nor shall any person allow any such body to be placed in any coffin or casket unless the body shall have been wrapped in a sheet saturated with a proper disinfecting solution, and the coffin or casket shall then be immediately and permanently sealed. No undertaker shall assist in the public or church funeral of any such person. No undertaker shall use, or cause or allow to be used, at any funeral or in any room where the dead body of any such person shall be, any draperies, decorations, rugs, or carpets, belonging to or furnished by him or under his direction. (S. C., 141.) 103. Public or church funerals prohibited where death has been caused by certain diseases. A public or church funeral shall not be held of any person who has died of acute poliomyelitis (infantile paralysis), Asiatic cholera, diphtheria (croup), epidemic cerebro- spinal meningitis, measles, plague, scarlet fever, smallpox, typhus fever, or yellow fever, but the funeral of such person shall be private, and it shall not be lawful to invite to, or permit at, the funeral of any person who has died of any one of the above diseases, or invite to or permit at any services connected therewith, any person whoso attendance is not necessary, or from or to whom there is danger of contagion thereby. (S. C., 142.) 428 CODE OF ORDINANCES OF THE CITY OF NEW YORK 104. Cynaide used for fumigating purposes regulated. No per- son shall use, or cause to be used, any hydrocyanic acid, cyanogen, or cyanide gas for the purpose of fumigating any building, vessel, or other enclosed space in the City of New York without a permit issued therefor by the Board of Health; or otherwise than in accord- ance with the terms of said permit, or the Regulations of said Board. (New. Passed April 25, 1916.) 105. Diagnostic laboratories regulated. -No laboratory offering facilities for the diagnosis of communicable diseases shall be con- ducted or maintained in the City of New York without a permit therefor issued by the Board of Health or otherwise than in ac- cordance with the Regulations of the said Board. As adopted by the Board of Health, June 28, 1917. 103. Wood alcohol poisoning to be reported. It shall be the duty ( f the manager or managers, superintendent, or person in charge of every hospital, institution, or dispensary in the City of New York to report immediately to the Department of Health the name, age, and address of every occupant or inmate thereof, or person treated therein, affected with wood alcohol or wood naphtha poisoning; and it shall also be the duty of every physician in said City to make im- mediately a similar report of the Department of Health relative to any person found by -such physician to be affected with wood alco- hol or wood naphtha poisoning. (As adopted by the Board of Health, December 31, 1919.) ARTICLE 8 DRUGS AND MEDICINES Sec. 116. Drugs; manufacture and sale regulated; the terms "drugs," "adulterated," and "misbranded" denned. 117. Regulating the sale of proprietary and patent medicines. 118. Drugs, medicines, decoctions, and drinks; fraudulent dis- tribution prohibited. 119. Proprietary medicines; distributions of samples regulated. 120. The use of living bacterial organisms in the inoculation of human beings regulated. 121. Free distribution of vaccine antitoxin, serum and cultures regulated. 122. Poison; sale and distribution regulated. 123. Carbolic acid; sale regulated. 124. Wood naphtha, otherwise known as wood alcohol or methyl alcohol; sale and distribution regulated. 125. Bichloride of mercury: sale regulated. 126. Habit forming drugs; sale and distribution regulated. 127. Habit forming drugs; disposing of confiscated. 128. Hair dues and other toilet preparations; sale and dis- tribution regulated. 129. Condemnation and destruction of drugs authorized. 130. Medicated alchol; sale and distribution regulated. 131. Completely denatured alcohol; sale and distribution of. SANITARY CODE 429 Sec. 116. Drugs; manufacture and sale regulated; the terms "drugs," "adulterated" and "misbranded" defined. No person shall manu- facture or produce, or have, sell, or offer for sale, in the City of New York, any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated: (1) If, when sold by or under a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as stated in the United States Pharmacopoeia or National Formulary at the time of investigation. (2) If its strength or purity falls below or its strength is in excess of the professed standard under which it is sold. A drug shall be deemed misbranded: (a) If it is an imitation or offered for sale under the distinctive name of another article. (b) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement, on the label thereof, of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine chloro- form, cannabis, indica, chloral hydrate, or acetanilid, or any deriva- tive or preparation of any such substances, contained therein. (c) If the package or label bear or contain any statement, design, or device, regarding the drug or its ingredients, or regarding its or their action on diseased conditions, which statement, design, or de- vice shall be false or misleading in any particular. (d) If a box, bottle, or package, containing virus, therapeutic serum, toxin, antitoxin, or analogous product, fails to bear on the outside thereof, conspicuously, clearly, and legibly set forth, in English, the proper name of the substance therein contained the name and address of the person, persons, firm, or corporation, by whom or by which the said substance has been prepared, the date beyond which the said substance cannot be reasonably expected to produce the result or results for which it has been prepared, and (if such license shall have been obtained) the United States license number of the establishment in which the said substance has been prepared; and, in the case of diphtheria and tetanus antitoxin if the box, bottle, or package containing such antitoxin shall fail to bear on the outside thereof conspicuously, clearly, and legibly set forth, in English, the value of the contents thereof as an antitoxin, which value shall be measured according to and stated in the terms of some generally recognized standard. As amended by the Board of Health, Oct. 26, 1915, and further amended Feb. 23, 1920, and Dec. 29, 1920. Held valid. Fougera v. City N. Y., 224 N. Y. 269. 117. Regulating the sale of proprietary and patent medicines. It shall be the duty of every manufacturer or proprietor of proprie- tary or patent medicines manufactured, prepared, or intended for external or internal human use, before offering any such medicine for sale in the City of New York, to register the same with, and pro- cure a Certificate of Registration from the Department of Health in accordance with the Regulations of the Board of Health. On and after April 1, 1921, no proprietary or patent medicine 430 CODE OF ORDINANCES OF THE CITY OF NEW YORK manufactured, prepared or intended for internal or external human use, shall be held, offered for sale, sold, or given away, in the City of New York, unless such medicine shall have been registered with the Department of Health in accordance with the Regulations of the Board of Health, nor shall any such medicine be held, offered for sale, sold, or given away, in said City, contrary to the Regulations of the Board of Health. The expression "proprietary or patent medicine," for the purposes of this section, shall be taken to mean and include every medicine or medicinal compound, manufactured, prepared, or intended for external or internal human use, the name, composition, or definition of which is not to be found in the United States Pharmacopeia or National Formulary, or which does not bear the names of all of the ingredients to which the therapeutic effects claimed are attributed and the names of all other ingredients except such as are physiologi- cally inactive, conspicuously, clearly, and legibly set forth in English, on the outside of each bottle, box, or package in which the said medicine or medicinal compound is held, offered for sale, sold or given away. The provisions of this section shall not, however, apply to any medicine or medicinal compound, prepared or compounded upon the written prescription of a duly licensed physician, provided that such prescription be written or issued for a specific person and not for general use, and that such medicine or medicinal compound be sold or given away to or for the use of the person for which it shall have been prescribed and prepared or compounded; and provided, also, that the said prescription shall have been filed at the establishment or place where such medicine or medicinal compound is sold or given away, in chronological order according to the date of the receipt of such prescription at such establishment or place. Every such prescription shall remain so filed for a period of five years. All information relating to or connected with the registration of any patent or proprietary medicine, registered in accordance with the provisions of this section, shall be regarded as confidential, and shall not be open to inspection by the public or any person other than the official custodian of such records, and those duly authorized to prosecute or enforce the Federal Statutes, the Laws of the State of New York, both criminal and civil, and the Ordinances of the City of New York, but only for the purpose of such prosecution or enforcement. Provided, however, the provisions of this section relating to regis- tration shall not apply to stores of merchandise in the hands of druggists or other dealers on February 25th, 1919, nor to proprietary or patent medicines registered in the Department of Health in ac- cordance with the provisions of 117 of the Sanitary Code as adopted by the Board of Health on December 31st, 1914, and as amended by said Board on October 26th, 1915, and as further amended by said Board on February 25th, 1919. This section shall take effect January 2d, 1921. As amended by the Board of Health, December 29, 1920. 118. Drugs, medicines, decoctions, and drinks; fraudulent dis- tribution prohibited. No person shall make, prepare, put up, ad- SANITARY CODE 431 minister, or dispense any prescription, decoction, or medicine, under any false or misleading name, direction, or pretense; nor shall any ingredient be substituted for another in any prescription, nor shall any false or misleading representation be made by any person to any other, as to the kind, quality, purpose, or effect of any drug, medicine, decoction, drink, or other substance, offered or intended to be taken as food or medicine. (S. C., 65.) 119. Proprietary medicines; distributions of samples regulated. No person shall, in the City of New York, distribute, free of charge, or throw away any nostrum, proprietary medicine, or other sub- stance of an alleged medicinal or curative character, intended for internal human use, in any street or public place, or from door to door, or by depositing the same upon private premises. The provisions of this section shall not, however, apply to the distribution by manufacturers or wholesale dealers of samples of any such substance to physicians or to the trade. 120. Living bacterial and other microorganisms. The use of living bacterial organisms in the inoculation of human beings for the prevention or treatment of disease and the sale or distribution of any preparation containing living microorganisms capable of causing infection in man or animals are prohibited until full and complete data regarding the method of use, including a specimen of the culture and other agents employed therewith, and a full account of the details of preparation, dosage, and administration shall have been submitted to the Board of Health of the City of New York, and permission shall have been granted in writing by the said Board for such use, sale, or distribution. (As amend. Dec. 21, 1915.) 121. Free distribution of vaccine, antitoxin, serum and cultures regulated. Any duly licensed physician who shall find it necessary to administer any vaccine, antitoxin, serum, or culture to a patient too poor, or dependent upon another or others too poor to pay for such vaccine, antitoxin, serum, or culture, may receive, free of charge, the requisite quantity thereof upon application to the De- partment of Health or any of its duly authorized agents, provided that such physician shall sign a stipulation to the effect that he or she, as the case may be, will not exact or receive from such patient any pay for such vaccine, antitoxin, serum, or culture. Any such physician, however, who shall exact or receive such pay after having signed such stipulation shall be deemed to have violated the provisions of this section. Every such stipulation shall be filed in the Department of Health. 122. Poison; sale and distribution regulated. No person shall sell at retail or give away any poison without affixing or causing to be affixed to the bottle, box, package, parcel, or receptacle, con- taining such poison, a label upon which shall be printed in red ink, in plain legible characters, the name of the substance or article, the word "POISON," the name and place of business of the seller, or donor, if the poison be gjiven away, a skull and crossbones, the word "CAUTION," the maximum dose of the poison, and the antidote therefor. The provisions of this section shall not apply to medicinal com- pounds containing poisonous drugs in therapeutic doses when the 432 CODE OF ORDINANCES OF THE CITY OF NEW YORK maximum dose of such preparation is marked upon the container. (S. C., 66.) 123. Carbolic add; sale regulated. No phenol, commonly known as carbolic acid, shall be sold at retail by any person in the City of New York, except upon the written prescription of a duly licensed physician, when in a stronger solution than five per cent. (S. C., 67.) 124. Wood naphtha, otherwise known as wood alcohol or methyl alcohol; sale and distribution regulated. No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her posesssion with intent to sell, offer for sale, give away, deal in, or supply, any article of food or drink or any medicinal or toilet preparation, in- tended for human use internally or externally, which contains any wood naththa, otherwise known as wood alcohol or methyl alcohol, either crude or refined, whatever may be the name or trade-mark under or by which the said wood naphtha shall be called or known. No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her possession with intent to sell, offer for sale, give away, deal in, or supply, any wood naphtha, otherwise known as wood alcohol, or methyl alcohol, either crude or refined, whatever may be the name or trade-mark under or by which the said wood naphtha shall be called or known, unless the container in which the same is sold, offered for sale, given away, dealt in, or supplied, shall bear a notice containing the following device and words conspicuously printed or stenciled thereon, viz.: (Skull and crossbones represented.) POISON WOOD NAPHTHA OR WOOD ALCOHOL WARNING. It is unlawful to use this fluid in any article of food, beverage, or medicinal or toilet preparation, intended for in- ternal or external human use. (S. C., 66a.) 125. Bichloride of mercury; sale regulated. No person shall sell or offer for sale, at retail, bichloride of mercury, otherwise known as corrosive sublimate, in the dry form, except upon the written pre- scription of a duly licensed physician or veterinary surgeon, and, then, only in tablets of a particularly distinctive form and color, labeled "POISON " upon each tablet, and dispensed in sealed glass containers conspicuously labeled with the word "POISON " in red letters. This section shall not apply to any preparation containing one- tenth of a grain or less of bichloride of mercury. (S. C., 67a.) 126. Habit forming drugs; sale and distribution regulated. (Annuled July 25, 1921.) 127. Habit forming drugs: disposing of confiscated. (Annuled July 25, 1921.) 128. Hair dyes and other toilet preparations; sale and distribution regulated. No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her possession with intent to sell, offer for sale, give away, deal in, or supply, any hair dyes or other toilet preparation, intended for human use, which, by reason of the pres- ence of any ingredient or ingredients therein contained, shall be SANITARY CODE 433 detrimental or injurious to health. (New. Passed Dec. 21, 1915.) 129. Condemnation and destruction of drugs authorized. Upon any drug or medicine being found by an inspector or other duly authorized representative of the Department of Health in a con- dition which renders it, in his opinion, unfit for human use, externally or internally, or in a condition or of a weight, quality, or strength, forbidden by the provisions of the Sanitary Code, such inspector or duly authorized representative of the said Department is hereby empowered and directed to immediately seize the said drug or medicine and affix thereto a label bearing the words "Seized by the Board of Health." Such drug or medicine when so labelled shall not be touched, disturbed, sold, offered for sale, or given away, but shall be released, destroyed, or otherwise finally disposed of, as the Board of Health shall direct. As adopted by the Board of Health, December 28, 1916. New. 130. Medicated alcohol; sale and distribution regulated. No person shall sell, offer for sale, give away, deal in, or supply, any article of food, drug, drink or medicine, intended for internal human use, which contains any medicated alcohol, whatever may be the name or trade-mark under or by which the said medicated alcohol shall be called or known. No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her possession with intent to sell, offer for sale, give away, deal in, or supply, at retail, 'any medicated alcohol, whatever may be the name or trade-mark under or by which the said medicated alcohol shall be called or known, unless the container in which the same is sold, offered for sale, given away, dealt in, or supplied, shall bear a notice containing the following device and words conspicuously printed or stenciled thereon, viz.: MEDICATED ALCOHOL Warning. It is unlawful to use this fluid in any article of food, drug, drink, or medicine, intended for internal human use. The term "medicated alcohol " as herein used, shall be taken to mean and include ethyl alcohol to which has been added some poisonous material and which is sold at retail as medicated alcohol. (As adopted by the Board of Health, September 30, 1920, and amended April 28, 1921). 131. Completely denatured alcohol; sale and distribution regulated. No person shall sell, offer for sale, give away, deal in, or supply, any article of food, drug, drink, or medicine, intended for external or internal human use, which contains any completely denatured alcohol, whatever may be the name or trade-mark under or by which the said completely denatured alcohol shall be called or known. 434 CODE OF ORDINANCES OF THE CITY OF NEW YORK No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her possession, with intent to sell, offer for sale, give away, deal in, or supply, at retail, any completely denatured alcohol, whatever may be the name or trade-mark under or by which the said completely denatured alcohol shall be called or known, unless the container in which the same is sold, offered for sale, given away, dealt in, or supplied, shall bear a notice containing the following device and words conspicuously printed or stenciled thereon, viz.: COMPLETELY DENATURED ALCOHOL Warning. It is unlawful to use this fluid in any article of food, drug, drink, or medicine, intended for external or internal human use. The term "completely denatured alcohol," as herein used, shall be taken to mean and include ethyl alcohol to which has been added some poisonous material, and which is sold at retail as completely denatured alcohol. (As adopted by the Board of Health, September 30, 1920, and amended April 28, 1921.) ARTICLE 8a (Adopted July 25, 1921, and amended August 1, 1921) HABIT-FORMING DRUGS Sec. 132. Prohibited acts constituting a public menace. " 133. Prohibited acts. 134. Authorized acts of trades and professions. 135. Hypodermic syringe. 135a. Exemptions. 135b. Commitment of addicts; procedure; treatment; discharge. 135c. Fraud, deceit, et cetera. 135d. Penalties. Sec. 132. Prohibited acts constituting a public menace. Any unau- thorized possession, sale, distribution, prescribing, administration or dispensation of cocaine or opium or any of their derivatives, or cannibas indica, cannibas sativa, or any of their derivatives, is hereby declared to be dangerous to the public health and a menace to the public welfare. 133. Prohibited acts. It shall be unlawful for any person to possess, sell, distribute, administer, dispense or prescribe cocaine or opium or any of their derivatives, or cannibas indica, cannibas sativa, or any of their derivatives; provided, however, that nothing herein contained shall be deemed to prohibit the possession, selling, SANITARY CODE 435 distributing, administering, dispensing or prescribing of any of the drugs or their derivatives as in this article hereinafter provided. 134. Authorized acts of troths and professions. A manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, private hospital, sanitorium or institution maintained or conducted in whole or in part for the treatment of disability or disease or in- ebriety or drug addiction, may purchase, receive, possess, sell, dis- tribute, prescribe, administer or dispense cocaine or opium or their derivatives, or cannibas indica, cannibas sativa, or any of their derivatives, provided he shall have complied with all provisions as required by the Act of Congress of December seventeenth, nineteen hundred and fourteen, known as the Harrison Narcotic Law, as the same exists and may be amended. 135. Hypodermic syringe. Xo person except a dealer in surgical instruments, apothecary, physician, dentist, veterinarian or nurse, attendant or interne of a hospital, sanatorium or institution in which persons are treated for disability or disease shall at any time have or possess a hypodermic syringe or needle or any instrument or implement adapted for the use of cocaine or narcotic drugs by subcutaneous injections and which is possessed for that purpose unless such possession be authorized by the certificate of a physician issued within the period of one year prior thereto. 135a. Exemptions. The provisions of this article restricting the possession of cocaine, opium or their derivatives or cannibas indica, or cannibas sativa shall not apply to common carriers or warehousemen or their employees engaged in lawful transportation or storage of such drugs, nor to public officers or employees while engaged in the performance of their official duties, nor to temporary incidental possession on the part of employees or agents or persons lawfully entitled to possession. 135b. Commitment of addicts; procedure; treatment; discharge. The habitual use of cocaine, opium or their derivatives, except as administered, prescribed or dispensed by a physician is hereby de- clared to be dangerous to the public health and safety and in viola- tion of this article. Upon the voluntary application of an addict, any Court or Magistrate, may, if satisfied of the truth thereof and that the person is suffering from such drug addiction, commit such person to a county or city hospital or institution maintained by the City of New York, or any correctional or charitable institution maintaining a hospital in which drug addiction is treated, maintained by the City, or any private hospital, sanatorium or institution au- thorized for the treatment of disease or inebriety. A Court or a Magistrate may likewise on voluntary application commit for treatment to any reformatory or correctional institution, maintaining a hospital or place where drug addiction may be treated, to which institution commitment could be made from the City of New York on conviction of a misdemeanor. Any court haying jurisdiction of a defendant who is a prisoner in a criminal action or proceeding, if it appears that such defendant is an habitual user of any such drugs and is suffering as a result of such addiction, may if it commit an addict making voluntary application require the return to the Court of any such addict when such addict is cured or at a time stated in the order of commitment. Whenever the medical officer or Super- 436 CODE OP ORDINANCES OF THE CITY OF NEW YORK intendent or the head of such an institution shall certify to the com- mitting Magistrate or Court that any person so committed has been sufficiently treated or give any other reason which is deemed by the Magistrate or Court to be adequate and sufficient, he may in ac- cordance with the terms of commitment discharge the person so committed, or return such person to await further action of the Court, as above provided. 135c. Fraud, deceit, et cetera. Any fraud, deceit, misrepresenta- tion, subterfuge, concealment of a material fact or the use of a false name or the giving of a false address in obtaining treatment in the course of which cocaine or opium or their derivatives shall be pre- scribed or dispensed or in obtaining any supply of such drugs shall con- stitute a violation of the provisions of this article and shall not be deemed a privileged communication. The wilful making of any false statement in any required prescription blank, order or record shall constitute a violation of this article. 135d. Penalties. A violation of any of the provisions of this article shall constitute a misdemeanor. The Department of Health shall by virtue of the authority conferred by the provisions of the Inferior Criminal Court Act of the City of New York as amended by Section 44, Chapter 531 of the Laws of 1915, except in a case where a commitment is made in the Magistrate's Court for treat- ment, request upon proceeding being had before a Magistrate that violations of this article be triable in the Court of Special Sessions held by three Justices. ARTICLE 9 FOOD AND DRINK Sec. 136. Inspection of foods authorized. 137. Condemnation and destruction of animals and foods au- thorized. 138. Possession of food by dealer in food, prima facie, deemed to be held for sale as human food. 139. Food; sale of adulterated or misbranded prohibited; the terms "food," " adulterated," and "misbranded" defined 140. Food and drink; not to be sold under false name or quality. 141. Poisonous, deleterious, and unwholesome substances; use as food prohibited. 142. Food; to be protected from dust, dirt, flies, or other con- tamination. 143. Eating and drinking utensils; use in common prohibited; the term "public place" and "factory" defined. 144. Cooking, eating, and drinking utensils to be properly cleansed after being used. 145. Beverages and drinks; the use of taps, faucets, tanks, fountains, and vessels regulated. 146. Employment of persons affected with infectious or venereal disease prohibited. 147. Room, factory, stall, place, and appurtenances to be kept in a cleanly and wholesome condition; food and drink to be clean and wholesome, and not poisoned, infected, or SANITARY CODE 437 rendered unsafe; personal responsibility of owner, oc- cupant, custodian, principal, agent, or person in charge. 148. Manufacture and storage or food and drink regulated. 149. Conduct and maintenance of restaurants regulated; per- mit required. 150. The care and sale of food and drink in stores regulated. 151. Unwholesome, unclean, watered, or adulterated milk, skimmed milk and cream, and skimmed milk, cream, butter or cheese made therefrom; possession and sale prohibited. 152. Adulterated milk and cream; distribution prohibited; term "adulterated" defined. 153. Adulterated milk and skimmed milk, cream; seizure and destruction authorized. 154. Condensed, and condensed skimmed, milk; possession and sale regulated; the term "adulterated" defined. 155. Milk, skimmed milk, cream, condensed, or concentrated milk, condensed skimmed milk, and modified milk; sale regulated; term "modified milk" defined; exception. 156. Milk, skimmed milk, and cream; grades and designations. 157. Milk, skimmed milk, and cream; must conform to grade standards. 158. Buttermilk, sour milk, sour cream, and other milk prod- ucts; quality of product regulated. 159. Bottles, cans, and other receptacles for holding milk, skimmed milk, and cream; use regulated and restricted. 159a. Empty bottles, cans and other receptacles for holding milk, skimmed milk, buttermilk, cream, or ice cream, not to be contaminated with garbage and offensive mate- rials. 160. Calves, pigs, lambs, fish, birds, and fowl; sale regulated. 161. Cattle; not to be killed while in an overheated or feverish condition. 162. Meat and dead animals; sale regulated. 163. Unhealthy, unsound, unwholesome, and unsafe, meat, veg- etables and milk; possession and sale prohibited; terms "meat," "vegetables," and "not sound" defined. 164. Shellfish; sale regulated. 165. Artificial or natural mineral, spring, or other water; manu- facture regulated. 166. Public water supply; purity and wholesomeness protected. 167. Water; duties of persons in authority. 168. Water from wells; the use thereof regulated and restricted. 169. Drinking hydrants; water therefrom not to be rendered unwholesome. 170. Ice cream; manufacture in and bringing into the City of New York regulated. 171. Shellfish, sale of adulterated or misbranded prohibited. 172. Bringing into the City of New York of the carcasses of certain animals restricted. 173. Adulterated skimmed milk; distribution prohibited; term "adulterated" defined. 174. Reconstituted milk and reconstituted cream; sale regulated. 438 CODE OP ORDINANCES OP THE CITY OP NEW YORK 175. Adulterated reconstituted milk and reconstituted cream. 176. Bottles, cans, and other receptacles for holding recon- stituted milk and reconstituted cream. 177. Ice cream; sale of adulterated or misbranded prohibited; terms "ice cream," "adulterated," and "misbranded" defined. 178. Food gelatin; sale of adulterated or misbranded prohibited; the term "food gelatin," "adulterated," and "mis- branded" defined. 179. Prohibiting the manufacture, sale and distribution of imitation milk and cream. 180. The use of unclean and unsanitary food receptacles pro- hibited; to be cleaned after being used. Sec. 136. Inspection of food and other substances authorized. Dealers in food, drugs, and all other substances used in intended to be used for human consumption, or for internal or external human use, and their agents, and all persons engaged in the transportation thereof, shall allow any duly authorized representative of the Department of Health to freely and fully inspect the cattle, meat, fish, vegetables, milk, and other food or drugs, as well as all other substances used or intended to be used for human consumption, or for internal or ex- ternal human use, held or kept by them, or intended for sale. (S. C., 60.) As amended by the Board of Health, December 28, 1916. 137. Condemnation and destruction of animals and foods au- thorized. Upon any cattle, sheep, swine, or other animals, fowl or other birds, meat, fish, vegetables, or milk, or other food or drink being found by any inspector or other duly authorized representative of the Department of Health in a condition which renders it or them, in his opinion, unfit for use as human food, or in a condition or of a weight or quality forbidden by provisions of the Sanitary Code, such inspector or other duly authorized representative of the said Department is hereby empowered, and directed to immediately condemn and, when possible, denature the same and cause it or them, to be destroyed or removed to the offal or garbage docks for destruction, and report his action to the said Department without delay. And. the owner or person in charge thereof, when so directed by an inspector or other duly authorized representative of the said Depart- ment or by an order of the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Food and Drugs of the said Department shall remove or cause the same to be removed to the place designated by such inspector or other duly authorized representative or by the order of said Sanitary Superin- tendent or such Assistant Sanitary Superintendent or the Director of the Bureau of Food and Drugs, and shall not sell, offer to sell, or dixpose of the same for human food. And when, in the opinion of the Sanitary Superintendent or an Assistant Sanitary Superintendent, or the Director of the Bureau of Food and Drugs, any such meat, fish, milk, vegetables, or other food or drink shall be unfit for human food, or any such such cattle, sheep, swine, or other animals, or fowls or other birds, by reason of disease, or exposure to contagious dis- SANITARY CODE 439 ease, shall be unfit for human food, and in an unfit condition to remain near other animals or to be kept alive, the Board of Health may direct the same to be destroyed, in such manner as the said Board shall designate. (S. C., 58. As amend. Dec. 21, 1915.) 138. Possession of food or drugs, prima facie, deemed to be held for sale. Food in the possession of, or held, kept, or offered for sale by, a dealer in food shall, prima facie, be deemed to be held, kept, or offered for sale as human food; and drugs in the possession of, or held, kept, or offered for sale by, a dealer in drugs shall, prima facie, be deemed, to be held, kept, or offered for sale for internal or external human use. As amended by the Board of Health, December 28, 1916. 139. Food; sale of adulterated or misbranded prohibited; the terms "food," "adulterated," and "misbranded" defined. No person shall have, sell or offer for sale in the City of New York any food which is adulterated or misbranded. The term food as herein used shall include every article of food and every beverage used by man and all confectionery. Food as herein defined shall be deemed adulterated : (1) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. (2) If any inferior or cheaper substance has been substituted wholly or in part for the article. (3) If any valuable constituent of the article has been wholly or in part abstracted. (4) If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable substance, or any portion of any animal unfit for food, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter. (5) If it is colored or coated or polished or powdered, whereby damage is concealed or it is made to appear better than it really is. (6) If it contains any added poisonous ingredient, or any ingredi- ent which may render it injurious to health; or if it contains any antiseptic or preservative not evident and not known to the pur- chaser or consumer. (7) If, in the case of confectionery, it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health ; or any vinous, malt, or spirituous liquor or compound, or narcotic drug. (8) If, in the case of spirituous, fermented, and malt liquors, it contains any substance or ingredient which is not normally present in such liquors, or which may be deleterious or detrimental to health when such liquors are used as beverages. Food shall be deemed misbranded: (a) If it is an imitation or offered for sale under the distinctive name of another article. (b) If it is labeled or branded so as to deceive or mislead the pur- chaser, or purport to be a foreign product when not so; or if the con- tents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; or if it fails to bear a statement on the label of the quan- tity or proportion of any morphine, opium, cocaine, heroin, alpha 440 CODE OF ORDINANCES OF THE CITY OF NEW YORK or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, contained therein. (c) If in package form and the contents are stated in terms of weight or measure, such weight or measure is not plainly and cor- rectly stated on the outside of the package. (d) If the package or its label shall bear any statement, design, or device, regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or mislead- ing in any particular. Provided, that an article of food which does not contain any added poisonous or deleterious ingredient shall not be deemed to be adul- terated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accom- panied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged, so as to plainly indicate that they are compounds, imitations, or blends, the word "compound," "imitation," or "blend," as the case may be, being plainly stated on the package in which it is offered for sale; provided, that the term "blend," as herein used, shall be construed to mean a mixture of like substances, not excluding harmless color- ing or flavoring ingredients used for the purpose of coloring and flavoring only. And provided further, that nothing in this section shall be con- strued as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this section may require to secure freedom from adulteration or mis- branding. (S. C., 68.) 140. Food and drink; not to be sold under a false name or quality. No meat, fish, fruit, vegetables, eggs, milk, or other food or drink shall be sold, held, or offered for sale, under a false name or quality, nor shall any food or drink which is not wholesome, sound, and safe for human consumption, be represented as being wholesome, sound, or safe for human consumption. (S. C., 48.) 141. Poisonous, deleterious, and unwholesome substances; use as food prohibited. No person, being the owner, lessee, manager, or hi charge of any place in which food or drink is produced, manu- factured, prepared, packed, stored, distributed, offered for sale, or sold shall, therein or thereat, offer or have, for food or drink, or to be eaten or drunk, any poisonous, deleterious, or unwholesome sub- stance, or allow anything to be done or to occur, therein or thereat, dangerous to life or prejudicial to health. (S. C., 47.) 142. Food,' to be protected from dust, dirt, flies, or other contam- ination. No food intended for human consumption shall be kept, sold, offered for sale, displayed, or transported, unless protected from dust, dirt, flies, and other contamination; nor shall any food intended for human consumption be deposited or allowed to remain within a distance 2 feet above the surface of any sidewalk, street, SANITARY CODE 441 alley, or other public place, or the floor of any building where ex- hibited, unless the same shall be contained in boxes or other recep- tacles, so as to be protected from dogs and other animals and their excretions. No candy, bread, pastry, or other bakery product intended for human consumption, shall be kept, sold, offered for sale, or dis- played in any open window or doorway of a building, or upon any stand, or pushcart, wagon, or other vehicle in any street or other public place, unless such candy or bread, pastry, or other bakery product is separately wrapped in paper or contained in a cardboard box or other dust and flyproof wrapper or container. The provisions of this section shall take effect August 16th, 1919. As amended by the Board of Health, July 24th, 1919. 143. Eating and drinking utensils; use in common prohibited; the term "public place" and "factory 11 defined. The use of common eating or drinking utensils in any public place, park, street or avenue, public institution, lodging-house, hotel, theatre, factor, school, public hall, railroad car, ferry boat, railway station or ferry house or the furnishing of any such common eating or drinking utensils for use in any such place is hereby prohibited. The term "public place" as used herein shall be construed to in- clude: (a) Any place where goods, wares, or merchandise are sold or offered for sale; (b) Any department, bureau, building, or office, of a municipal corporation. The term "factory" as used herein shall be construed to include any workshop or manufacturing or business establishment where persons are employed at labor. (S. C., 189.) 144. Cooking, eating and drinking utensils to be properly cleansed after being used. All utensils used in the preparation, service and sale of any food or drink intended for human consumption shall be properly cleansed after being used, and no such utensil shall, under any circumstances, be used a second time unless it shall have been, after the previous use thereof, so cleansed. In such cleansing the use of water which has become insanitary by previous use is prohibited. The term "Properly Cleansed" as herein used shall be taken to mean cleansing after each use in a solution of soap powder or soda in hot water and the employment of friction supplied by means of a brush or other suitable implement followed by rinsing in clean hot water; by sterilization; or by some other equally effective method. No beverages or drinks intended for human consumption shall be sold, offered for sale, or dispensed upon any stand or push cart, wagon or other vehicle, in any street or other public place, unless such beverage or drink is dispensed or served in a paper cup or other single-service container. As amended by the Board of Health, August 1, 1921. 145. Beverages and drinks; the use of taps, faucets, tanks, foun- tains, and vessels regulated. In the manufacture, sale, or keeping for sale, of any beverage or drink, no person shall keep or u*e ;my tap, faucet, tank, fountain, or vessel, or any pipe or conduit, in con- 442 CODE OF ORDINANCES OF THE CITY OF NEW YORK nection therewith, which shall be composed or made, either wholly or in part, of lead, or other metal or metallic substances that are or will be affected by liquids so that dangerous, unwholesome, or dele- terious compounds are formed therein or thereby, or such that beer, soda water, syrups, or other liquids, or any beverage, drink, or flavor- ing material drawn therefrom shall be unwholesome, dangerous, or detrimental to health. (S. C., 51.) 146. Employment of persons affected with infectious or venereal disease prohibited. No person who is affected with any infectious disease, or with any venereal disease in a communicable form shall work or be permitted to work in any place where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, manufactured, offered for sale, or sold. Whenever required by a Medical Inspector or other duly authorized physician of the Department of Health, or by an order of the Sanitary Superinten- dent, the Director of the Bureau of Food and Drugs, or the Director of the Bureau of Preventable Diseases of the said Department, any person employed in any such place shall submit to a physical exam- ination by a physician in the employ of the said Department. Such persons, however, may, in their discretion, be examined by their own private physicians, provided such examinations are performed in accordance with the Regulations of the Board of Health. No person who refuses to submit to such examination shall work or be permitted to work in any such place. (Amended April 25, 1916.) 147. Room, factory, stall, place, and appurtenances to be kept in a cleanly and wholesome condition, food, drugs and drink to be clean and wholesome, and not poisoned, infected, or rendered unsafe j personal responsibility of owner, lessee, occupant, or person in charge. Every person being the owner, lessee, occupant, or in charge of any room, stall, factory, premises, or place, where any food or drink intended for human consumption, or drugs intended for internal or external human use, shall be manufactured, prepared, stored, kept, held, or offered for sale, shall put and keep such room, stall, factory, premises, or place, and its appurtenances, in a cleanly and wholesome condition, and every person having charge, or interested or engaged, whether as principal or agent, in the care or in respect to the custody or sale, of any food or drink intended for human consumption, or drugs intended for internal or external human use, shall put and preserve the same in a cleanly and wholesome condition, and shall not allow the same, or any part thereof, to become poisoned, infected, or rendered unsafe or unwholesome for human food or drink or for internal or external human use. (S. C., 49.) As amended by the Board of Health, December 28, 1916. 148. Manufacture and storage of food and drink regulated. No building, room, or place, where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, or manu- factured, shall be conducted, operated, maintained, or used other- wise than in accordance with the Regulations of the Board of Health. 149. Conduct and maintenance of restaurants regulated; permit required. No person shall conduct, operate, or maintain any res- taurant in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the SANITARY CODE 443 terms of said permit and the Regulations of said Board. The term "restaurant," as herein used, shall be taken to mean and include every buffet, lunch room, grill room, lunch counter, dining-room of hotel, and every other public place where food is served, sold and consumed on the premises, every lunch counter in a saloon where food is sold or given away, and all kitchens appurtenant thereto or connected therewith. As amended by the Board of Health, January 30, 1917. 150. The care and sale of food and drink in stores regulated. No grocery store, butcher store, delicatessen store, confectionery store, bakery store, milk store, butter and egg store, fruit and vegetable store, fish store, or other place where food or drink is handled, stored, offered for sale, or sold, shall be conducted or maintained otherwise than in accordance with the Regulations of the Board of Health. 151. Unwholesome, unclean, watered or adulterated milk, skimmed milk and cream and skimmed milk, cream, butter or cheese made therefrom,' possession and sale prohibited. No persons shall have at any place where milk, skimmed milk, cream, butter or cheese is kept for sale, or at any place sell, deliver, offer or have for sale or keep for use, nor shall any person bring or send to the City of New York any milk, skimmed milk or cream which is unwholesome, un- clean, watered or adulterated or milk known as "swill milk" or milk from cows or other animals that have been fed in whole or in part on swill, distillery waste or any substance in a state of putre- faction or in any way unwholesome, or milk from sick or diseased cows or other animals, or any cream, skimmed milk, butter or cheese made from any such milk or any unwholesome butter or cheese. (S.C.,52.) As amended by the Board of Health, June 28, 1917. 152. Adulterated milk and cream; distribution prohibited; term "adulterated" defined. No milk which is adulterated, reduced or changed in any respect by the addition of water or other substance or by the removal of cream shall be brought into the City of New York or held, kept, sold or offered for sale at any place in said city; nor shall any person or corporation keep, have, sell or offer for sale in the said city any such milk. No cream which is adulterated shall be brought into the City of New York or- held, kept, sold or offered for sale in said city, nor shall any person or corporation keep, have, sell or offer for sale in said city any such cream. The term " cream " shall be taken to mean that portion of milk represented in milk fat which rises to the surface of milk on standing or is separated from it by centrifugal force. Milk or cream in the possession of or held, kept or offered for sale by a dealer in food shall prima facie be deemed to be held, kept and offered for sale as human food. The term "adulterated" shall be taken to mean and include: First. Milk containing more than eighty-eight and one-half per centum of water ,or fluids. Second. Milk containing less than eleven and one-half per centum of milk solids. Third. Milk containing less than eight and one-half per centum of solids not fat. 444 CODE OP ORDINANCES OF THE CITY OF NEW YORK Fourth. Milk from which any part of the cream has been removed. Fifth. Milk containing less than three per centum of fats. Sixth. Cream which contains less than eighteen per centum of butter fat. Seventh. Milk or cream from milk which has been drawn from animals within fifteen days before or five days after parturition. Eighth. Milk or cream from milk which has been drawn from animals fed on distillery waste or any substance in a state of putre- faction or on any unwholesome food. Ninth. Milk or cream from milk which has been drawn from cows kept in a crowded or unhealthy condition. Tenth. Milk or cream which has been diluted with water or any other fluid or to which has been added or into which has been intro- duced any foreign substance whatever. Eleventh. Milk or cream, the temperature of which is higher than 50 degrees Fahrenheit or which contains an excessive number of bacteria. This requirement includes " Grade C Milk" that has been pasteurized. Twelfth. Milk or cream from milk which is produced in violation of the Regulations of the Board of Health. The provisions of this section shall not be applicable, however, to modified milk held or offered for sale under permit therefor issued by the Board of Health or to skimmed milk. The provisions of this section shall, however, apply to cream sold under any foreign name meaning cream, such as smeteny, crema and rahm, and to all cream products and preparations such as homogenized products and milk curds. The provisions concerning temperature and bacterial content shall not apply to sour cream. (S. C., 53.) As amended by the Board of Health, June 28, 1917. Ordinances to prevent sale of adulterated milk are within power of the Depart- ment of Health. Polinsky v. People, 73 N. Y. 65. 153. Adulterated milk, skimmed milk and cream; seizure and destruction authorized. Any milk, skimmed milk or cream found to be adulterated which has been brought into the City of New York or is held or offered for sale in said city may be seized and destroyed by any inspector or other officer of the Department of Health au- thorized to inspect the said milk or cream. (S. C., 54.) As amended by the Board of Health, June 28, 1917. Mere possession of adulterated milk is not an offense, where the ordinance pro- vided no adulterated milk "shall be brought into, held, kept or offered for sale at any place in the city." There the sale was the gravamen of the offense. People v. Timmerman, 79 App. Div. 565. 154. Condensed, and condensed skimmed, milk; possession and sale regulated; the term " adulterated" defined. No condensed milk made from milk produced and handled under conditions not conform- ing at least to the requirements of those designated for Grade C, or which is adulterated, shall be brought into the City of New York or held, kept, sold, or offered for sale, at any place in said city, nor shall any person or corporation have, keep, sell, or offer for sale in said city any such condensed milk. The term "adulterated," when used in this section, refers to condensed milk in which the amount of fat is less than twenty-five per centum of the milk solids contained therein, or to which any foreign substance whatever has been added, SANITARY CODE 445 excepting sugars, as in preserved milks. The provisions of this sec- tion shall not be applicable, as regards the amount of fat, to con- densed skimmed milk held or offered for sale under a permit therefor issued by the Board of Health. (S. C., 55.) 155. Milk, skimmed milk, cream, condensed or concentrated milk, condensed skimmed milk and modified milk; sale regulated; term "modi- fied milk" defined; exception. No milk, skimmed milk or cream, condensed or concentrated milk, condensed skimmed milk or modi- fied milk shall be held, kept, offered for sale, sold or delivered in the City of New York without a permit issued therefor by the Board of Health or otherwise, than in accordance with the terms of said per- mit and with the Regulations of said Board. By the term " modified milk" is meant milk of any subdivision of the classification known as "Grade A: for Infants and Children," which has been changed by the addition of water, sugar of milk or other substance intended to render the milk suitable for infant feeding. The provisions of this section shall not apply to milk, skimmed milk or cream sold in hotels and restaurants, nor to condensed milk or condensed skimmed milk when contained in hermetically sealed cans. ^The provisions of this section shall take effect April 1, 1920.) (S. C, 56.) As amended by the Board of Health, December 21, 1915, June 28, 1917, and further amended January 22, 1920. Held valid in People ex rel. Lieberman v. Vandecarr, 81 App. Div. 128. Test of validity of the ordinance is its reasonableness, citing cases. Aff'd 175 N. Y. 440, 199 U. S. 552. May revoke licenses. Met. Milk and Cream Co. v. City of N. Y., 113 App. Div. 377, aff'd 186 N. Y. 533. Ordinance forbidding milk to be sold from vehicle in street without a license sustained. People ex rel. Larrabee v. Mulholland, 82 N. Y. 324. Members of Board of Health are administrative officers and not judicial and may revoke permit without notice and a hearing. People ex rel. Lodes v. Dept. of Health, 189 N. Y. 187. Power to prescribe conditions on which milk admitted to sale in N. Y. City, valid. Does not infringe on powers of other localities. Bellows v. Raynor, 207 N. Y. 389, affirming 145 App. Div. 899. 156. Milk, skimmed milk and cream; grades and designations. All milk, skimmed milk or cream held, kept, offered for sale, sold or delivered in the City of New York shall be so held, kept, offered for sale, sold or delivered in accordance with the Regulations of the Board of Health and under any of the following grades or designa- tions and not otherwise: "Grade A: For Infants and Children": 1. Milk, skimmed milk, or cream (raw). 2. Milk, skimmed milk, or cream (pasteurized). " Grade B: For Adults": 1. Milk, skimmed milk, or cream (pasteurized). "Grade C: For Cooking and Manufacturing Purposes Only:" 1. Milk, skimmed milk or cream not conforming to the require- ments of any of the subdivisions of Grade A or Grade B and which has been pasteurized according to the Regula- tions of the Board of Health or boiled for at least two (2) minutes. "Condensed Skimmed Milk." "Condensed or Concentrated Milk." qualit Kunr 446 CODE OP ORDINANCES OP THE CITY OP NEW YORK The provisions of this section shall apply to milk, skimmed milk or cream used for the purpose of producing or used in preparation of sour milk, buttermilk, homogenized milk, milk curds, sour cream, Smeteny, Kumyss, Matzoon, Zoolak and other similar products or preparations, provided that any such product or preparation be held, kept, offered for sale, sold or delivered in the City of New York. (S. C, 56a.) As amended by the Board of Health, June 28, 1917. The pasteurization of milk required by order of Oct. 28, 1913, does not authorize a defendant committing a public nuisance in violation of 1530, Penal Law. People v. Borden's Condensed Milk Co., Special Sessions, Kings Co., N. Y. Law Journal, June 15, 1914. 157. Milk, skimmed milk and cream; must conform to grade standards. All milk, skimmed milk or cream held, kept, offered for sale, sold or delivered in the City of New York shall conform in character to the standards and requirements set forth in Section 156 of this Code as applicable to the particular grade under which such milk or cream shall be held, kept, offered for sale, sold or delivered. As amended by the Board of Health, June 28, 1917. 158. Buttermilk, sour milk, sour cream, and other milk products; lity of product regulated. Buttermilk, sour milks, sour cream, [umyss, Matzoon, Zoolak, and similar products shall not be made from any milk or cream of a less grade than that designated for Grade B and shall be pasteurized before being put through a process of souring or fermentation. . Sour cream shall not contain a less per- centage of fat than that designated for cream. (S. C., 57.) 159. Bottles, cans and other receptacles for holding milk, skimmed milk and cream; use regulated and restricted. It shall be the duty of all persons haying in their possession bottles, cans or other receptacles containing milk, skimmed milk or cream which are used in the transportation or delivery of milk, skimmed milk or cream, to clean or cause them to be cleaned immediately upon emptying. No person shall use or cause or allow to be used any receptacle which is used in the transportation and delivery of milk, skimmed milk or cream for any purpose whatsoever other than the holding of milk, skimmed milk or cream; nor shall any person receive or have in his possession any such receptacle which has not been washed after holding milk, skimmed milk or cream or which is unclean in anyway. (S. C., 183.) As amended by the Board of Health, June 28, 1917. Sustained, must be construed benevolently and not unreasonable because some judges do not entirely agree with it. People v. Fmdenberg, 209 N. Y. 218. 159a. Empty bottles, cans and other receptacles for holding milk, skimmed milk, buttermilk, cream, or ice cream, not to be contaminated with garbage and offensive materials. No person shall place, or cause, or allow to be placed in or on any street, park, or any open space therewith-connected, any empty bottle, can, or other receptacle used or intended to be used for the transportation and delivery of milk, skimmed milk, buttermilk, cream, or ice cream, which empty bottle, can, or other receptacle is to be returned or intended to be returned to the person so transporting or delivering such substance to be again thus used or which is liable to continued use in so transporting or delivering such substance, as aforesaid; nor shall any person place, SANITARY CODE 447 or cause, or allow to be placed in any such empty bottle, can, or other receptacle, any refuse, dirt, garbage, or filth, or any poison, or any offensive, harmful, or deleterious substance or material what- soever; nor shall any person place, or keep any such empty bottle, can, or other receptacle, or cause or allow the same to be placed or kept in any place which is used for storing garbage, ashes, rubbish, refuse, or other offensive, harmful, deleterious, or dangerous sub- stances or materials, or in any container used for receiving or trans- porting the same. It shall be the duty of the owner of any empty bottle, can, or other receptacle, used or intended to be used for the transportation and delivery of milk, skimmed milk, buttermilk, cream or ice cream, to collect and remove the same promptly and the owner of such con- tainer shall not allow the same to accumulate at any place other than their own premises. As adopted by tiie Board of Health, July 25, 1921. 160. Calves, pigs, lambs, Jish, birds, and fowl; sale regulated. No calf, or the meat thereof, shall be brought into the City of New York or held, sold, or offered for sale for human food, which, when killed, was less than four weeks old. No pig, or the meat thereof, shall be brought into the City of New York or held, sold, or offered for sale for human food, which, when killed, was less than five weeks old. No lamb, or the meat thereof, shall be brought into the City of New York or held, sold, or offered for sale for human food, which, when killed, was less than eight weeks old. Nor shall any meagre, sickly, or unwholesome fish, birds, or fowl be brought into said city or held, sold, or offered for sale for human food therein. (S. C., 43. As amend. Dec. 21, 1910.) 161. Cattle; not to be killed while in an overheated, or fererish con- dition. No cattle shall be killed for human food while in an over- heated, or feverish condition. (S. C., 44.) 162. Meat and dead animals; sale regulated. No meat or dead animal above the size of a rabbit shall be taken to any public or private market, nor shall any such meat or dead animal be stored or held, kept, offered for sale, or sold in any such place until the same shall have been fully cooled after killing, nor until the entrails and feet (except of poultry and game and except the feet of swine) shall have been removed. (S. C., 45.) 163. Unhealthy, unsound, unwholesome, and unsafe meat, veg- etables and milk; possession and sale prohibited; terms "meat," "veg- etables," and "not sound " defined. No meat, vegetables, or milk, not being then healthy, fresh, sound, wholesome, or safe for human food or the meat of any animal that died by disease or accident, shall be brought into the City of New York or held, kept, offered for sale, or sold as such food, or kept or stored, anywhere in said city. The term "meat," as herein used, shall include fish, birds, eggs, and fowl; the term "vegetables " shall include any product, substance, or article used as and for human food other than milk or meat; the term "not sound " shall include any vegetable that is wormy. For the purpose of this section, any meat, vegetables, or milk in possess!. m of, or held, kept, or offered for sale by, a dealer in food, shall, prima facie, be deemed to be held, kept, and offered for sale a* human food. (S. C., 42.) 448 CODE OF ORDINANCES OF THE CITY OF NEW YORK 164. Shellfish, sale regulated. No shellfish shall be brought into, or held, kept, or offered for sale, anywhere in the City of New York, without a permit therefor issued by the Board of Health or other- wise than in accordance with the terms of said permit and with the Regulations of said Board. The provisions of this section shall not apply to the sale of shellfish in hotels or restaurants, where such shellfish are purchased from a dealer holding a permit from the Board of Health. As amended by the Board of Health, April 29, 1920. 165. Artificial or natural mineral, spring, or other waters,' man- ufacture regulated. It shall be the duty of every wholesale dealer, manufacturer, importer, or other person who manufactures or im- ports, or sells at wholesale in the City of New York, any artificial or natural mineral, spring, or other water, for drinking purposes, to file, under oath, with the Department of Health, the name of such water and the exact location from which it is obtained, the chemical analysis and the bacteriological examination thereof, and, when manufactured, the name of every substance or element entering into its composition. No person shall manufacture or bottle, any mineral, carbonated, or table water, in the City of New York, without a permit issued therefor by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. No permit will be required, however, where the City Water Supply is conducted through closed pipes and connected vtith a carbonated apparatus, from which it is dispensed direct to the consumer, without coming in contact \vith the air, and not handled in any way. (S. C., 59.) 166. Public water supply; purity and wholesomeness protected. No person shall throw or allow to run or pass into any public reser- voir, waterpipe, or aqueduct, or into or upon any border or margin thereof, any excavation or stream therewith connected, any animal, vegetable, or mineral substance whatever; nor shall any person {having the power or right to prevent the same) do or permit any act or thing that will impair or imperil the purity or wholesomeness of any water or other fluid used or intended to be used as a drink, in any part of said city; nor shall any person bathe or (except in the discharge of a public duty) put any part of his person into such water, nor shall any unauthorized person open any erection or un- screw any hydrant holding such water. (S. C., 61.) 167. Water; duties of persons in authority. It shall be the duty of every person, official, department and board, having any au- thority and control in regard to any water intended for human con- sumption (and within the proper sphere of the duty of each thereof), to take all usual and also all reasonable measures and precautions to secure and preserve the purity and wholesomeness of such water. (S. C., 62.) 168. Water from wells; the use thereof regulated and restricted. Water from wells in the Borough of Manhattan shall not be used, in the City of New York, for drink; nor shall water from wells in the Borough of Manhattan be used for any other purpose in any ten- ement, lodging-house, hotel, manufactory, or building, in which per- sons are living or employed, or in which there are offices, or a res- SANITARY CODE 449 taurant or saloon, in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and the Regulations of the said Board. Water from wells in the other Boroughs of said city, other than the public water supply, shall net be used in any tenement or lodging-house, hotel, manufactory, or building, in which persons are living or employed, or in which there are offices, or a restaurant or saloon, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and the Regulations of the said Board. (S. C., 63.) 169. Drinking hydrants; water therefrom not to be rendered un- wholesome. No person shall destroy or in anywise injure or impair any drinking hydrant, or part thereof, in the City of New York; nor shall any person interefere with the use or enjoyment of the water therein or therefrom, or interrupt the flow thereof; nor shall any person put any dirty, poisonous, medicinal, or noxious sub- stance into or near said water or hyarant, whereby such water is made or may be regarded as, dangerous or unwholesome as a drink. (S. C., 64.) 170. Ice cream; manufacture in and bringing into the City of New York regulated. No ice cream shall be manufactured in or brought into the City of New York for sale without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (New. Passed May 31, 1916.) 171. Shellfish, sale of adulterated or misbranded prohibited. No person shall bring into the City of New York, or have, sell, or offer for sale shellfish which are adulterated or misbranded. Shellfish shall be deemed adulterated: (1) If, after removal from the shell, they have been subjected to a process whereby their solid content is decreased or their volume increased. (2) If grown, floated or cleansed in contaminated water so as to render them unfit for food. (3) If they consist, wholly or in part, of diseased, decomposed, putrid, or rotten animal or vegetable substance. (4) If they contain any antiseptic or preservative injurious to health. (5) If they are floated in water of a lower salinity than the water in which they are grown. (6) If any substance or substances has or have been mixed and backed with them so as to reduce or lower or injuriously affect their quality or strength. (7) If after removal from the shell they are cleansed in fresh water or water of a lower salinity than the water in which they are grown. Shellfish shall be deemed misbranded: (a) If they are labeled or branded so as to deceive or mislead the purchaser. (b) If the container or its label shall bear any statement, design, or device, regarding the shellfish or the other ingredients contained therein, which statement, design, or device shall be false or mis- loud ing in any particular. Aa amended by the Board of Health, April 29, 1920. 450 CODE OF ORDINANCES OP THE CITY OF NEW YORK 172. Bringing into the City of New York of the carcasses of certain animals restricted. No carcasses or parts of the carcasses of cows, bulls, steers or swine shall be brought into the City of New York until they shall respectively have been inspected and passed as fit for human food by a duly authorized inspection of the United States Government or of any state or municipality and shall have been marked, stamped, branded, tagged or labeled, as having been so inspected and passed. Provided, however, the provisions of this section shall not apply to the carcasses of cows, bulls, steers or swine to which are attached, by their natural connections, the head, including the tongue, the lungs, the liver, the heart, the pleura, the peritoneum and all body lymph glands. As adopted by the Board of Health, June 28, 1917. New. 173. Adulterated skimmed milk) distribution prohibited j term "adulterated" defined. No skimmed milk which is adulterated shall be brought into the City of New York or held, kept, sold or offered for sale in said city; nor shall any person or corporation keep, have, sell or offer for sale in the said city any such skimmed milk. The term "skimmed milk" shall be taken to mean: Milk from which all or part of the cream has been removed. For the purpose of this section any skimmed milk in possession of or held, kept or offered for sale by a dealer in food shall prima facie be deemed to be held, kept and offered for sale as human food. The term "adulterated" shall be taken to mean and include: First. Skimmed milk containing less than eight per centum of milk solids other than fat. Second. Skimmed milk from milk which has been drawn from animals within fifteen days before or five days after parturition. Third. Skimmed milk from milk which has been drawn from animals fed on distillery waste or any substance in a state of putre- faction or on any unwholesome food. Fourth. Skimmed milk; from milk which has been drawn from cows kept in a crowded or unhealthy condition. Fifth. Skimmed milk which has been diluted with water or any other fluid or to which has been added or into which has been in- troduced any foreign substance whatever. Sixth. Skimmed milk, the temperature of which is higher than 50 degrees Fahrenheit or which contains an excessive number of bacteria. Seventh. Skimmed milk from milk which is produced in violation of the Regulations of the Board of Health. As adopted by the Board of Health, June 28, 1917. 174. Reconstituted-milk and reconstituted-cream; sale regulated. No reconstituted-milk or reconstituted-cream shall be brought into the City of New York, or manufactured, held, kept, sold, or offered for sale at any place in said City without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and the Regulations of said Board. Adopted December 6, 1918. 175. Adulterated reconstituted-milk and reconstituted-cream. No reconstituted-milk or reconstituted-cream which is adulterated, re- SANITARY CODE 451 duced or changed in any respect by the addition of water or other substances shall be brought into the City of New York or held, kept, sold, or offered for sale, at any place in said City: nor shall any person, firm or corporation keep, have, or offer for sale in said City any such reconstituted-milk or reconstituted-cream. Reconstituted-milk or reconstituted-cream in the possession of or held, kept or offered for sale by a dealer in food shall, prima facie, be deemed to be held, kept, and offered for sale as human food. The term " adulterated" shall be taken to mean and include: First. Reconstituted-milk containing more than eighty-eight and one-quarter per centum of water or fluids. Second. Reconstituted-milk containing less than eleven and three- quarter per centum of milk solids. Third. Reconstituted-milk containing less than eight and one- half per centum of solids not fat. Fourth. Reconstituted-milk containing less than three and one- quarter per centum of fats. Fifth. Reconstituted-cream which contains less than eighteen per centum of butter fat. Sixth. Reconstituted-milk or reconstituted-cream made from in- gredients which are rancid, impure, unwholesome, adulterated, un- clean, contaminated, or otherwise unfit for human consumption. Seventh. Reconstituted-milk or reconstituted-cream which has been diluted with water or any other fluid, or to which has been added, or into which has been introduced, any foreign substance whatever. Eighth. Reconstituted-milk or reconstituted-cream, the tempera- ture of which is higher than fifty degrees Fahrenheit, or which con- tains an excessive number of bacteria. Ninth. Reconstituted-milk or reconstituted-cream which is pro- duced in violation of the Regulations of the Board of Health. Adopted December 6, 1918. 176. Bottles, cans, and other receptacles for holding reconstituted- milk and reconstituted-cream; use regulated and restricted. It shall be the duty of all persons having in their possession bottles, cans, or other receptacles containing reconstituted-milk or reconstituted- cream, which are used in the transportation or delivery of recon- stituted-milk or reconstituted-cream, to clean or caused them to be cleaned immediately upon emptying. No person shall use or cause or allow to be used any receptacle which is used in the transportation and delivery of reconstituted- milk or reconstituted-cream, for any purpose whatsoever other than the holding of reconstituted-milk or reconstituted-cream; nor shall any person receive or have in his possession any such receptacle which has not been washed after holding reconstituted-milk or reconstituted-cream, or which is unclean in any way. Adopted December 6, 1918. 177. Ice cream; sale of adulterated or misbranded prohibited; the terms "ice cream," "adulterated" and "misbranded" defined. No person shall bring into, or have, sell, or offer for sale in the City of New York, any ice cream which is adultered or misbranded. The term "ice cream" us herein used shall be taken to mean and include 452 CODE OF ORDINANCES OP THE CITY OF NEW YORK the frozen product or mixture made from pasteurized cream, milk, or product of milk, sweetened with sugar, to which has been added pure, wholesome food gelatin, vegetable gum or other thickener, with or without wholesome flavoring extract, fruits, nuts, cocoa, chocolate, eggs, cake, candy or confections, and which contains nob less than eight per cent (8%), by weight, of milk (butter) fat. Ice cream as herein denned shall be deemed adulterated: (1) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its qual- ity or strength. (2) If any inferior or cheaper substance has been substituted wholly or in part for the article. (3) If any valuable constituent of the article has been wholly or in part abstracted. (4) If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable substance, or any portion of any animal unfit for food, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter. (5) If it contains any added poisonous ingredient, or any ingredi- ent which may render it injurious to health; or if it contains any antiseptic or preservative not evident and not known to the purchaser or consumer. (6) If it contains chrome yellow, saccharin, salts of copper, iron oxide, formaldehyde, boric acid, ochres, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or det- rimental to health. (7) If it contains less than eight per cent (8%) by weight, of milk (butter) fat. (8) If it contains more than one per cent (1%) of pure, whole- some, gelatin, vegetable gum, or other thickener. (9) If it contains any added vegetable or mineral oils or fats. Ice cream shall be deemed misbranded: (a) If it is an imitation or offered for sale under the distinctive name of another article or is labeled or branded so as to deceive or mislead the purchaser. (b) If in package form and the contents are stated in the terms of weight or measure, such weight or measure is not plainly and cor- rectly stated on the outside of the package. (c) If the package or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or mislead- ing in any particular. The provisions of this section shall not, however, apply to mix- tures or compounds which may be now, or from time to time here- after, known under their own distinctive names and not an imitation of or offered for sale under the distinctive name of ice cream, if the name be accompanied on the same label or brand with a statement of the date and place where said article has been manufactured or produced. As adopted by the Board of Health, April 29, 1920. 178. Food gelatin; sale of adulterated or misbranded prohibited; the term "food gelatin," "adulterated" and "misbranded" defined. No person shall bring into, or have, keep, offer for sale, or sell, in the SANITARY CODE 453 City of New York, any food gelatin which is adult ered or mis- branded. The term food gelatin as herein used shall be taken to mean and include a purified product of gelatin prepared from the bones, hides, hoofs, horns and tissues of animals. Food gelatin as herein defined shall be deemed adulterated: (1) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. (2) If any inferior or cheaper substance has been substituted wholly or in part for the article. (3) If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable substance, or if it is a product of a diseased animal. (4) If it is colored or coated or powdered whereby damage is concealed or it is made to appear better than it really is. (5) If it contains any antiseptic or preservative not evident and not known to the purchaser or consumer. (6) If it contains more than thirty (30) parts per million of copper, or one and four-tenths (1.4) parts per million of arsenic, or one hun- dred (100) parts per million of zinc, or twenty (20) parts per million of lead, or three hundred (300) parts per million of tin, or two one- hundredths of one per cent (.02%) of sulphur dioxide, or any other added poisonous ingredient, or any ingredient which may render it injurious to health. Food gelatin as herein defined shall be deemed misbranded: (a) If it is an imitation or offered for sale under the distinctive name of another article. (b) If it is labeled or branded so as to deceive or mislead the pur- chaser, or purport to be a foreign product when not so; or if the con- tents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package. (c) If in package form and the contents are stated in terms of weight or measure, such weight or measure is not plainly and cor- rectly stated on the outside of the package. (d) If the package or label shall bear any statement, design, or device, regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular. As adopted by the Board of Health, April 29, 1920. 179. Prohibiting the manufacture, sale and distribution of imita- tion milk and cream. No person shall sell, or exchange, or offer or expose for sale or exchange, any substance in imitation or sem- blance of milk or cream which is not milk or cream, nor sell, or ex- change, or offer or expose for sale, or exchange, any such substance as and for milk or cream, or sell, or exchange, or offer or expose for sale, or exchange, any article of food made from such milk or cream, or manufacture from any such milk or cream any article of food. As adopted by the Board of Health, March 24, 1921. 180. The use of unclean and unsanitary food receptacles jyrohibitedj to be cleaned after being used. No person shall use, or cause, or allow to be used in the transportation, storage, or delivery of food, in- 454 CODE OF ORDINANCES OF THE CITY OF NEW YORK tended for human consumption, any bottle, can, jar, box, barrel, or other receptacle which is unfit to be so used by reason of being unclean or unsanitary or in a condition that would tend to cause such food to become poisoned, infected, unwholesome, or unfit for human consumption. It shall be the duty of all persons having in their possession bottles, cans, jars, boxes, barrels, or other receptacles containing food, in- tended for human consumption, which are used or intended to be again used in the transportation, storage, or delivery of such food, to clean or cause them to be cleaned immediately upon emptying. As adopted by the Board of Health, May 26, 1921. ARTICLE 10 GENERAL PROVISIONS Sec. 181. Misfeasance and nonfeasance. 182. Contractors must comply with provisions of the Sanitary Code. 183. Nuisances; conditions dangerous or prejudicial to life or health; duties of persons responsible. 184. Regulations and orders; to be observed and obeyed. 185. Abatement of nuisances. 186. Interfering with or obstructing an inspector. 187. False, untruthful, or misleading statements. 188. Affidavit of chemist; presumptive evidence of facts. 189. Notices not to be mutilated or torn down. 190. Clinical thermometers; sale regulated. Sec. 181. Misfeasance and nonfeasance. No person shall, know-, ingly, or carelessly or negligently, do or contribute to the doing of, any act dangerous to the life or detrimental to the health, of any human being, provided, however, that the foregoing provisions of this section shall not apply to a necessary act authorized by law; nor shall any person omit to do any reasonable and proper act, or to take any reasonable or proper precaution, to protect human life and health. (S. C., 8.) 182. Contractors must comply with promsions of the Sanitary Code. Every contractor, to whom reference is made in the Sanitary Code, and every person who shall have contracted or undertaken, or shall be bound, to do, or shall be engaged in doing, any of the things to which any of the provisions of the Sanitary Code relate, shall comply with all provisions of the said Code applying to the work undertaken or to be undertaken, and he shall not be excused for non-compliance with any of the said provisions because of any direction given by any other person. (S. C., 9.) 183. Nuisances; conditions dangerous or prejudicial to life or health; duties of persons responsible. It is hereby declared to be the duty of every owner, part owner, lessee, tenant, and occupant, of, or person interested in, any place, water, ground, room, stall, apart- ment, building, erection, vessel, vehicle, matter, and thing, in the City of New York, and of every person conducting or interested in SANITARY CODE 455 business therein or thereat, and of every person who has undertaken to clean any place, ground, or street, in the said City, and of even- person, public officer, and department, having charge of any ground, place, building, or erection, in the said City, to keep, place, and pre- serve the same and the sewerage, drainage, and ventilation thereof in such condition, and to conduct the same in such manner, that it shall not be a nuisance or be dangerous or prejudicial to life or health. The term "building" as used in this section, includes a railway car, booth, tent, shop or other erection or enclosure. (S. C., 10.) 184. Regulations and orders,' to be observed and obeyed. No person shall violate, or refuse or neglect to comply with, any reg- ulation or order of the Board of Health, made for carrying into effect the provisions of this Code, the powers of the said Board, or the laws of this State; and the violation of, or the refusal or neglect to comply with, any such regulation or order which relates to the provi- sions of any section of this Code shall be deemed a violation of such section. (S. C., 11.) But no penalty can be recovered for a disobedience of an order unless one i.s prescribed. Health Dept. v. Knoll, 70 N. Y. 530. 185. Abatement of nuisances. Whenever in any place or on any premises in the City of New York a nuisance shall have been found, or declared by resolution of the Board of Health to exist, and an order shall have been made directing the owner, lessee, tenant, or occupant of such place or premises to make suitable and necessary repairs or improvements, or to abate the said nuisance, such repairs or improvements shall be made, and such nuisance shall be fully abated, within the time specified in said order. (S. C., 14.) 186. Interfering with or obstructing an inspector. No person shall interfere with or obstruct any Inspector or other duly authorized representative of the Department of Health when making the in- spections or examinations required by the Board of Health, or when executing its orders. (S. C., 12.) 187. False, untruthful, or misleading statements. No person shall make any false, untruthful, or misleading statement in any applica- tion for a permit from the Board of Health. (S. C., 15.) 188. Certificate of chemist; presumptive evidence of facts. Every certificate duly signed and acknowledged, of a chemist, analyst, or other expert, employed by the Board of Health of the Department of Health of the City of New York, relating to any analysis, ex- amination, or investigation, made by such chemist, analyst, or expert in respect to any matter, product, or thing, which the said Board has authority to examine or investigate, or may cause to be examined or investigated, shall be presumptive evidence of the facts therein set forth. (S. C., 69a; as amended, May 6, 1920.) 189. Notices not to be mutilated or torn down. No person shall interfere with or obstruct, mutilate, or tear down, any notice of the Department of Health posted in or on any premises in the City of New York. (S. C., 137.) 190. Clinical thermometers; sale regulated. No person shall sell, offer for sale, deal in or supply or have in his possession with intent to sell, offer for sale, deal in or supply, any inaccurate clinical thermometer. Every manufacturer of clinical thermometers shall, before offering any such clinical thermometers for sale in the City 456 CODE OF ORDINANCES OF THE CITY OF NEW YORK of New York, test the same or cause the same to be tested in ac- cordance with the Regulations of the Board of Health. The term "clinical thermometer" as herein used, shall be taken to mean and include every thermometer intended for taking the temperature of human beings and animals. The term "standard clinical ther- mometer" as herein used, shall be taken to mean and include a clinical thermometer certified by the Department of Health as cor- rect after having been tested and compared with the official clinical thermometer maintained by the Department of Health and certified to and corrected by the United States Department of Commerce and Labor, Bureau of Standards. A clinical thermometer, as herein defined, shall be deemed in- accurate: (1) If, when tested with a standard clinical thermometer, the mercury fails to register within plus or minus two-tenths (0.2) of a degree Fahrenheit, or its equivalent on the centigrade scale, of the mercury in a standard clinical thermometer when compared at ninety-six (96), one hundred (100), one hundred and four (104) and one hundred and six (106) degrees Fahrenheit, respectively, or their equivalents on the centigrade scale, or if, when so tested a variance is found to exist in excess of three-tenths (0.3) of a degree Fahrenheit, or its equivalent on the centigrade scale, between any of the points compared; (2) If the mercury column, by reason of its own weight, or for any reason other than through the application of force, retreats in the tube at any point in the scale; (3) If its scale fails to show accurately, clearly and legibly, gradu- ation lines and numbers from ninety-six (96) to one hundred and six (106) degrees Fahrenheit, or their equivalents on the centigrade scale; (4) If the maker's name or trade-mark is not clearly and legibly engraved thereon, or where the trade-mark appears thereon, such trade-mark has not been filed with the Department of Health. The provisions of this section shall take effect on the 1st day of October, 1920. As adopted by the Board of Health, July 29, 1920. ARTICLE 11 MIDWIFERY AND CARE OF CHILDREN Sec. 196. Practice of midwifery regulated. 197. Board and care of children regulated. 198. Day nurseries; conduct thereof regulated. 199. Vaccination; duties of parents, guardians, and others. 200. Physical care of school children. Sec. 196. Practice of midwifery regulated. No person other than a duly licensed physician shall practice midwifery in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 184.) 197. Board and care of children regulated. No person other than SANITARY CODE 457 a superintendent of the poor, a superintendent of almshouses, or an institution duly incorporated for the purpose, shall receive, board, or keep, except under legal commitment, any nursing child, or any child under the age of twelve years who is not a relative, pupil, or ward, or an apprentice, of such person, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 191.) 198. Day nurseries; conduct thereof regulated. No day nursery shall be conducted in the City of New York without a permit there- for issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 25.) 199. Vaccination; duties of parents, guardians, and others. Every person, being the parent or guardian, or having the care, custody or control of any minor, or other individual, shall (to the extent of any means, power, and authority of said parent, guardian, or other person that could properly be used or exerted for such pur- pose cause such minor or individual to be so promptly, frequently, and effectively vaccinated that such minor or individual shall not take, or be liable to take the smallpox. (S. C., 147.) 200. Physical care of school children. A health certificate pre- pared in accordance with the Regulations of the Department of Health, and signed by a duly licensed physican authorized to prac- tice medicine in the State of New York shall be furnished by each pupil at the time of his or her admission to a public or other free school supported in whole or in part by funds obtained from direct taxation. If any such pupil shall not present a health certificate, as required herein, the principal or teacher in charge of the school shall cause a notice to be promptly sent to the parent, guardian, or other person having the care, custody, or control of such pupil to the effect that, if the required health certificate be not presented within ton days thereafter, a physical examination of such pupil will be made by a medical inspector of the Department of Health. Every principal or teacher, in charge of a public or other free school supported in whole or in part by funds obtained from direct taxation, shall report to the medical inspector of the Department of Health, having jurisdiction over the health of the pupils in such school the names of all pupils who shall not have furnished such health certificate within ten days following the date of the sending of such notice. ARTICLE 12 MISCELLANEOUS PROVISIONS Sec. 211. Discharge of dense smoke prohibited. 212. Nuisance caused by the discharge or escape of cinders, dust, gas, steam, or offensive or noisome odors prohibited. 213. Spitting forbidden. 214. Use of common towels prohibited. 215. Noise from animals and birds prohibited. 458 CODE OF ORDINANCES OP THE CITY OP NEW YORK 216. Smoking in subway prohibited. 217. Establishment and maintenance of tents and camps regu- lated. 218. Physicians required to register in the Department of Health. 219. Nurses. 220. Hospitals; permit required; exception. 221. Growth of poison ivy and rag weed prohibited. 222. Schools; permits required. 223. Dispensaries communicable disease; regulations. 224. Punishment for violation of the Sanitary Code. 225. Heating of occupied buildings. 226. Persons to protect nose and mouth when coughing or sneezing. 227. Dogs to be controlled so as not to commit nuisances. 228. Noise from bells, gongs, etc., prohibited. 229. Automobile and other motor vehicles; loud and explosive noises prohibited. 230. The manufacture and sale of hair brushes and hair cloth. Sec. 211. Discharge of dense smoke prohibited. No person shall cause, suffer, or allow dense smoke to be discharged from any build- ing, vessel, stationary or locomotive engine or motor vehicle, place or premises within the City of New York or upon the waters adja- cent thereto, within the jurisdiction of said City. All persons par- ticipating in any violation of this provision, either as proprietors, owners, tenants, managers, superintendents, captains, engineers, firemen or motor'vehicle operators or otherwise, shall be severally liable therefor. (S. C., 181.) This section should be construed with the one following. Liability incurred if smoke escaping was detrimental. N. Y. Health v. Ebling, 38 Misc. 537. Sustained, People v. N. Y. Edison Co., 159 App. Div. 793. 212. Nuisance caused by the discharge or escape of cinders, dust, gas, steam, or offensive or noisome odors prohibited. The owners, lessees, tenants, occupants and managers of every building, vessel or place in or upon which a locomotive or stationary engine, furnace or boilers are used shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place so that the same shall not accumulate, nor shall any person cause, suffer or allow cinders, dust, gas, steam, or offensive or noisome odors to escape or be discharged from any such building, vessel or place, to the detriment or annoy- ance of any person or persons not being therein or thereupon en- gaged. (S. C., 96.) See People v. Horton, 41 Misc. Rep. 309, and cases collected in 39 Lawyers' Rep. Ann. 551. Also Dept. of Health v. Ebling Brewing Co., 78 N. Y. Supp. 11; Dept. of Health v. Ebling Brewing Co., 38 Misc. Rep. 537. Smoke. Reasonable regula- tion valid under police power. City of Rochester v. Macaulay, 199 N. Y. 207; Buffalo ordinance sustained. City of Buffalo v. Roy Mfg. Co., 124 N. Y. Supp. 913. 213. Spitting forbidden. Spitting upon the sidewalk of any public street, avenue, park, public square, or place in the City of New York, or upon the floor of any hall in any tenement house which is used in common by the tenants thereof, or upon the floor of any hall or office in any hotel or lodging house which is used in common by the guests thereof, or upon the floor of any theatre, store, factory, SANITARY CODE 459 or of any building which is used in common by the public, or upon the floor of any ferryboat, railroad car, or other public conveyance, or upon the floor of any ferry house, depot, or station, or upon the station platform or stairs of any elevated or subway railroad or other common carrier, or upon the tracks or roadbed, or into the street from the cars, stairs, or platforms of such elevated or subway rail- roads, is forbidden. The corporations or persons owning or having the management or control of any such building, store, factory, ferry- boat, railroad car, or other public conveyance, ferryhouse, depot or station, or station platform or stairs of any such building, store, factory, ferryboat, railroad car, or other public conveyance, ferry- house, depot or station, or station platform or stairs of any elevated or subway railroad or other common carrier, shall keep permanently and conspicuously posted in each of said places a sufficient number of notices forbidding spitting upon the floors and calling attention to the provisions of this section. It shall be the duty of every owner, lessee, or manager of every factory, workroom, store, office, or place of business, in which ten or more persons are employed, to provide proper receptacles for expectoration. Such receptacles are to be provided in the proportion of one for every two persons so employed, and they are to be cleansed and disinfected at least once in every twenty-four hours. A copy of the preceding paragraph shall be kept posted in a con- spicuous place in every such factory, workroom, store, office or place of business. (S. C., 178.) As amended by the Board of Health, October 15, 1918. 214. Use of common towels prohibited. No person, firm, or corporation having the management and control of any factory, de- partment store or other business establishment, school, hotel, theatre, concert hall, restaurant, cafe or beer, wine, or liquor saloon, railroad station, railroad car, ferry house, ferry boat, public lavatory, public wash room, public comfort station, or any other public place, shall maintain therein or thereat any towel or towels for use in com- mon. The term "for use in common" as employed herein shall be con- strued to mean, for the use of or intended to be used by, more than one person. The term "corporation" as used herein shall be construed to mean and include a municipal corporation. (S. C., 190.) As amended by the Board of Health, June 30, 1915. 215. Noise from animals and birds prohibited. No person own- ing, occupying, or having charge of any building or premises, shall keep or allow thereon or therein any animal or bird, which shall by noise disturb the quiet or repose of any person therein or in the vicin- ity, to the detriment of the life or health of such person. (S. C., 180.) 216. Smoking in subway prohibited. Smoking or carrying any lighted cigar, cigarette, or pipe, in or on any stairway, platform, station, or car, of any railway running underneath the ground sur- face, is hereby prohibited. (S. C., 187.) 217. Establishment and maintenance of tents and camps regu- lated. No tent shall be raised or erected or any camp established, 460 CODE OF ORDINANCES IN THE CITY OF NEW YORK in the City of New York, to be used or occupied by any persons as a place for living or sleeping, nor shall any such tent or camp be so used or occupied without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 186.) 218. Physicians required to register in the Department of Health. Every physician practising in the City of New York shall register his or her name and address, and every change of address in the office of the Bureau of Records of the Department of Health. (S. C., 160.) 219. Nurses. No person other than one who shall have received from the regents of the University of the State of New York a cer- tificate of his or her qualifications to practice as a registered nurse shall assume the title, Registered Nurse, or use the abbreviation, R. N., or any other letters, or words or figures, to indicate that such person is a registered nurse. No person other than one who shall have graduated after a course of training of not less than two years' duration, from a hospital training school for nurses, shall practice as or hold himself or herself out to be, or be by anyone held out or represented to be a trained, graduate or certified nurse, or use any letters, words, figures or de- vice to indicate that such person is a trained, graduate or certified nurse. As amended by the Board of Health, March 30, 1915. 220. Hospitals,' permit required,' exception. No person, persons, or corporation, other than those specially authorized by law, shall conduct or maintain any public or private hospital or institution wherein human beings may be treated or cared for by a physician or midwife, and no person, persons, or corporation, other than those specifically authorized by law, shall conduct a lying-in hospital, home or place for the care of pregnant women or advertise, offer, or under- take to receive or care for them at such place, or at his or her home, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. As amended by the Board of Health, March 24, 1921. 221. Growth of poison ivy and rag weed prohibited. No person owning, occupying, or having charge of any lot or premises in the City of New York shall cause, suffer, or allow poison ivy, rag weed, or other poisonous weed to grow therein or thereon in such manner that any part of such ivy, rag weed, or other poisonous weed shall extend upon, overhang, or border upon any public place, or allow the seed, pollen, or other poisonous particles or emanations there- from to be carried through the air into any public place. As adopted by the Board of Health, June 30, 1915. 222. Schools; permits required. No school for children, other than those under the jurisdiction of the Department of Education of the City of New York, shall be established or maintained in the City of New York without a permit therefor, issued by the Board of Health, or otherwise than in accordance with the terms of said per- mit and the Regulations of said Board. For the purposes of this Section, the term ''children" shall be taken to mean and include all SANITARY CODE 461 human beings under sixteen (16) years of age. (The provisions of this Section shall take effect September 1, 1916.) (New. Passed Dec. 21, 1915.) 223. Dispensaries communicable disease; regulations. No pub- lic dispensary where communicable diseases are treated or diagnosed shall be conducted or maintained otherwise than in accordance with the Regulations of the Board of Health. As adopted by the Board of Health, June 28, 1917. New. 224. Punishment for violation of the Sanitary Code. Any viola- tion of the Sanitary Code of the Board of Health of the Department of Health of the City of New York shall be punished in the manner prescribed by sections 1740 and 1937 of the Penal Law of the State of New York, and Sections 1172, 1222 and 1262 of the Greater New York Charter. As adopted by the Board of Health, May 21, 1918. 225. Heating of occupied buildings. It shall be the duty of every person who shall have contracted or undertaken, or shall be bound, to heat, or to furnish heat for any building or portion thereof, occupied as a home or place of residence of one or more persons, or as a business establishment where one or more persons are employed, to heat, or to furnish heat for every occupied room in such building, or portion thereof, so that a minimum temperature of sixty-eight (68) degrees Fahrenheit may be maintained therein at all such times. Provided, however the provisions of this section shall not apply to buildings, or portions thereof, used and occupied for trades, busi- nesses, or occupations where high or low temperatures are essential and unavoidable. For the purpose of this section, wherever a building is heated by means of a furnace, boiler, or other apparatus under the control of the owner, agent, or lessee of such building, such owner, agent, or lessee, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section. The term "at all such times" as used in this section, unless other- wise provided by a contract or agreement, shall include the time between the hours of 6 A. M. and 10 P. M. in a building, or portion thereof, occupied as a home or place of residence, and during the usual working hours established and maintained in a building, or portion thereof, occupied as a business establishment, of each day whenever the outer or street temperature shall fall below fifty (50) degrees Fahrenheit. The term "contract" as used in this section shall be taken to mean and include a written or verbal contract. As amended by the Board of Health, December 11, 1919. 226. Persons to protect nose and mouth when coughing or sneering. In order to prevent the conveyance of infective material to others, all persons shall, when coughing or sneezing, properly cover the nose and mouth with an handkerchief or other protective substance. 227. Dogs to be controlled so as not to commit nuisances. No per- son having the right and ability to prevent shall, knowingly, or care- 462 CODE OF ORDINANCES OF THE CITY OF NEW YORK lessly or negligently, permit any dog or other animal to commit any nuisance upon any sidewalk of any public street, avenue, park, public square, or place in the City of New York; or upon the floor of any hall of any tenement house which is used in common by the tenants thereof; or upon the fences of any premises, or the walls or stairways of any building, abutting on a public street, avenue, park, public square, or place; or upon the floor of any theatre, store, factory, or any building which is used in common by the public, including all public rooms or places therewith connected; or upon the floor of any ferry house, depot, or station; or upon the station platform or stairs of any railroad or other common carrier; or upcn the roof of any tenement house used in common by the tenants thereof; or upon the floor of any hall, stairway, or office of any hotel or lodging house which is used in common by the guests thereof; nor shall any such person omit to do any reasonable and proper act, or take any reasonable and proper precaution, to prevent any such dog or other animal from committing such a nuisance in, on, or upon, any of the places cr premises herein specified. As adopted by the Board of Health, November 4, 1918. 228. Noise from bells, gongs, etc., prohibited. No oerson shall cause, suffer or allow to be attached to, or maintained in or upon any building or premises any bell or gong, which shall by noise dis- turb the quiet or repose of persons in the vicinity thereof, to the detriment of the repose or health of such persons. All persons par- ticipating in the violation of this provision, either as proprietors, owners, tenants, managers or superintendent of such building or premises, or licensees or licensors of such electric bell or gong, or otherwise, shall be liable therefor. As adopted by the Board of Health, August 20, 1919. 229. Automobile and other motor vehicles; loud and explosive noises prohibited. Every automobile or other vehicle equipped with a gasoline or other internal combustion engine in which gas is gener- ated or used for the purpose of propulsion, shall be constructed so that the exhaust from such engine is made to discharge into a muffler or other device which will prevent loud or explosive noises; and no person having the management and control of any such automobile or vehicle, or operating the engine thereof, shall cause, permit, suffer or allow the exhaust from such engine to discharge into the open air, or otherwise than into a muffler or other device which would pre- vent loud or explosive noises. No person having the management and control of any such auto* mobile or vehicle, or operating the engine thereof, shall use a horn or other device for signalling except in a reasonable manner as a danger warning, nor shall any such person produce or cause, suffer or allow to be produced by means of such horn or other signallipg device, a sound which shall be unnecessarily loud or harsh or which shall con- tinue for an unnecessary and unreasonable period of time. As amended by the Board of Health, July 25, 1921. 230. The manufacture and sale of hair brushes and hair cloth. No person shall use in the manufacture of brushes or cloth, any animal hair which has not been sterilized by a process prescribed or ap- proved by the Board of Health; nor shall any person bring into SANITARY CODE 463 or offer for sale, sell, or deliver in the City of New York, any brush, or cloth containing animal hair unless the same shall have 'been so sterilized. It shall be the duty of the manufacturer of shaving brushes, tooth brushes, hair brushes, nail brushes, or other toilet brushes intended for human use, to cause his name or trade-mark, the place of manu- facture, and the word STERILIZED to be permanently, clearly and legibly painted or branded upon every such brush before offering for sale, selling, or delivering the same in the City of New York. Provided, however, the word STERILIZED shall not be painted or branded upon any such brush unless the animal hair used in the manufacture thereof shall have been sterilized by a process prescribed or approved by the Board of Health. No person shall sell, offer for sale, or deliver, or have in his pos- session with intent to sell, offer for sale, or deliver in the City of New York, any shaving brush, tooth brush, hair brush, nail brush, or other toilet brush intended for human use, containing animal hair, unless the name or trade-mark of the manufacturer, place of manufacture, and the word STERILIZED is permanently, clearly and legibly painted or branded thereon. The provisions of this section shall take effect the 1st day of July, 1920, but shall not apply to brushes in stock on the 16th day of June, 1920, in the hands of dealers which have not been labeled or branded as hereinbefore required. As adopted by the Board of Health, June 16, 1920. ARTICLE 13 OFFENSIVE MATERIALS Sec. 231. Offensive water or other liquid or substance; not per- mitted on premises or grounds. 232. Offensive matter or substances; accumulations thereof not to be disturbed in certain periods of year; permit required. 233. Stinking, noxious liquids; not to fall into or upon any public place. 234. Blood, butcher's offal or garbage, dead animals, and putrid or stinking animal or vegetable matter; disposal re- stricted. 235. Contents of vaults, privies, cisterns, cesspools, and sinks; creation of nuisances prohibited. 236. Disinfection and removal of contents of sinks, privies, vaults, and all other noxious substances. 237. Vaults, sinks, privies, and cesspools; use thereof limited. 238. Transportation of garbage on boats and scows to Barren Island regulated. 239. Transportation of offal and butcher's refuse regulated. 240. Transportation of manure, swill, ashes, garbage, and offal regulated. 241. Collection and transportation of bones, refuse, and offen- sive materials regulated. 464 CODE OF ORDINANCES OF THE CITY OF NEW YORK 242. Accumulations of manure, offal, garbage, and other of- fensive and nauseous substances; retention and disposal regulated. 243. Removal of dead or diseased animals and filthy, offensive, and noxious substances regulated. 244. Carts, vehicles, and implements to be kept in an inoffen- sive and sanitary condition; use of same regulated. 245. Ships, boats, and other vessels; not allowed at dock or pier unless permitted. 246. The use of docks, piers, and bulkheads regulated. 247. Refuse from oyster-houses, oyster-saloons, and other premises; method of disposal of refuse regulated; nui- sances prohibited. 248. Ashes, garbage, and liquid substances; separate receptacles to be provided; duties of owners, lessees, and agents; removal; special provisions applicable to Borough of Richmond. 249. Receptacles for ashes, garbage, and liquid substances not to be interfered with or contents disturbed. 250. Ashes, garbage, and rubbish; method of removal regulated. 251. Vacant lots; accumulation of water thereon prohibited; fence to be provided, if sunken; throwing and depositing offensive material into such lots prohibited. 252. Filling in land; offensive and unwholesome materials not to be used; the use of street sweepings for filling in pur- poses forbidden. 253. Lime, ashes, coal, dry sand, hair, feathers, like substances, and other materials not to be sieved, agitated, or ex- posed. Sec. 231. Offensive water or other liquid or substance; not permitted on premises or grounds. No person or corporation shall permit or have any offensive water or other liquid or substance on his, her, or its, premises or grounds to the prejudice of life or health, whether for use in any trade or otherwise. (S. C., 88.) 232. Offensive matter or substances; accumulations thereof not to be disturbed in certain periods of year; permit required. No ground or material filled with or containing offensive matter or substance, or that will emit or allow to rise through or from the same any offensive smell or deleterious exhalation, shall (adjacent to or within the built-up portion of the City of New York) be opened or turned up, nor shall the surface thereof be removed, between the first day of May and the first day of October of any year, without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and with the Regulations of said Board. (S. C., 99.) 233. Stinking, noxious liquids; not to fall into or upon any public place. No swill, brine, urine of animals, or other offensive animal matter, or any stinking or noxious liquid, or other filthy matter of any kind, shall by any person be allowed to run or fall into or upon any street or public place, or be taken or put therein. (S. C., 102.) 234. Blood, butcher's offal or garbage, dead animals, and putrid or stinking animal or vegetable matter; disposal restricted. No blood, SANITARY CODE 465 butcher's offal or garbage, or any dead animal, or any putrid or stinking animal or vegetable matter, shall be thrown by any person or allowed to go into any street, place, sewer, or receiving basin, any river or standing or running water or excavation, or any ground or premises in the built-up portions of the City. (S. C., 103.) 235. Contents of vaults, privies, cisterns, cesspools, and sinks; creation of nuisances prohibited. No person shall deposit, or allow to run or go into or remain in any street or other public place in the City of New York, or deposit, or allow to run or go (except through the proper underground sewers) into any river or other body of water within the territorial limits of the said City, the contents (or any part thereof) of any vault, privy, cistern, cesspool, or sink; nor shall any owner, tenant, or occupant, of any building to which any vault, sink, privy, or cesspool shall pertain or be attached, permit the contents, or any part thereof, to flow therefrom or to rise within two feet of any part of the top thereof, or said contents to become offensive; nor shall any vault, privy, cistern, cesspool, or sink be filled or covered with dirt until it shall have been emptied of its filthy contents. (S. C., 104.) 236. Disinfection and removal of contents of sinks, privies, vaults, and all other noxious substances. All putrid or offensive matter, all night soil, the content of all sinks, privies, vaults, and cesspools, and all noxious substances, shall, before their removal or exposure, be disinfected and rendered inoffensive by the owner, lessee, or oc- cupant of the premises where the same may be, or by the person or contractor who removes or is about to remove the same; and no part of the contents of any vault, privy, sink, or cesspool shall be removed without a permit therefor issued by the Board of Health or other- wise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 122.) 237. Vaults, sinks, privies, and cesspools; use thereof limited. No person shall throw or deposit into any vault, sink, privy, or cesspool, any offal, ashes, meat, fish, garbage, or other substance except that of which any such place is the appropriate receptacle. (S. C., 105.) 238. Transportation of garbage on boats and scows to Barren Island regulated. No boat, scow, or other receptacle, used in transporting garbage to Barren Island or the place of disposal shall be permitted to remain moored or be at any dock, wharf, or place, within the limits of the City of New York, for a longer period than twenty-four hours from the time when garbage is first delivered or placed thereon. Garbage shall be received on and transported in such boat, scow, or other receptacle in a manner approved by the Board of Health and not otherwise. (S. C., 123.) 239. Transportation of offal and butcher's refuse regulated. No offal or butcher's refuse or garbage shall be conveyed through any street or avenue or over any ferry in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. No offal or butcher's refuse shall be brought into the City of New York. (S. C., 87.) 240. Transportation of manure, swill, ashes, garbage, and offal regulated. No person shall engage in the business of transporting 466 CODE OF ORDINANCES OF THE CITY OF NEW YORK manure, swill, ashes, garbage, offal, or any offensive or noxious sub- stance, or drive any cart for such purpose, in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regu- lations of said Board. (S. C., H9.) 241. Collection and transportation of bones, refuse, and offensive materials regulated. No person shall gather, collect, accumulate, store, expose, carry, or transport in any manner through any street or public place, or into any building or cellar, in the City of New York, any bones, refuse, or offensive material without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and with the Regulations of said Board. (S. C., 101.) 242. Accumulations of manure, offal, garbage, and other offensive and nauseous substances; retention and disposal regulated. No pile, deposit, or accumulation of manure, offal, dirt, or garbage, or any offensive or nauseous substance, shall be made within the built-up portions of the City of New York, or on or upon the piers, docks, or bulkheads adjacent thereto, or on or upon any vessel, boat, or scow, lying at such pier, wharf, or bulkhead; nor shall such pile, deposit, or accumulation be made anywhere in said City within three hundred feet of any church or place of worship, or inhabited dwelling, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regula- tions of said Board; and no person shall contribute to the making of any such pile, deposit, or accumulation without such a permit or otherwise than in accordance with the terms of such permit and the Regulations of said Board; nor shall any car loaded with or having in or on it any such substance or substances be allowed to remain or stand on any railroad track, street, or highway, within three hun- dred feet of any inhabited dwelling, or elsewhere in said City, nor shall any vessel, boat, scow, or float, loaded with any such substance or substances be allowed to remain at any pier, dock, or bulkhead in said City, without a permit therefor issued by the Board of Health or otherwise *than in accordance with the terms of said permit and with the Regulations of said Board; and no manure, garbage, or other material that is liable to emit an offensive exhalation shall, in or adjacent to the built-up portions of the City of New York, be turned or stirred, except in its removal, in such a way as to increase such exhalations by reason thereof; nor shall any straw, hay, or other substance, which has been used as bedding for animals, be placed or dried upon any street or sidewalk, or roof of any building; nor shall any such straw, hay, or other substance, or the contents of any mattress or bed, be deposited or burnt without a permit there- for issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 111.) 243. Removal of dead or diseased animals and filthy, offensive, and noxious substances regulated. It shall be the duty of every person (his agents and employees) who has contracted or under- taken to remove any diseased or dead animal, offal, rubbish, gar- bage, dirt, street-sweepings, night soil, or other filthy, offensive, or noxious substance, or is engaged in any such removal, or in loading SANITARY CODE 467 or unloading any such substance, to do the same with dispatch, and, in every particular, in as cleanly and inoffensive a manner, and with as little danger and prejudice to life and health, as possible, and no matter or material shall lie piled up, or partially raked together, in any street or place, before the removal thereof, more than a reason- able time, or for more than four hours, under any circumstances, in the daytime. (S. C., 114.) 244. Carts, vehicles, and implements to be kept in an inoffensive and sanitary condition; use of same regulated. No cart or other vehi- cle used for carrying or containing any manure, swill, garbage, offal, or rubbish, or other nauseous or offensive substance, or the contents of any privy, vault, cesspool, or sink, shall, without neces- sity therefor, be allowed to stand or remain before or near any build- ing, place of business, or other premises, where any person may be; nor shall the loading or unloading of any such cart or vehicle or the conveying thereof through any street, place, or premises consume an unreasonable period of time. Such carts, vehicles, and all im- plements used in connection therewith must be kept in an inoffen- sive and sanitary condition, and, when not in use, shall be stored and kept in some place where no needless offense shall be given to any of the people of the City of New York. (S. C., 120.) 245. Ships, boats, and other vessels,' not allowed at dock or pier unless permitted. No ship, boat ; or other vessel shall be taken or allowed by any person to come into, or lay at or within, any dock, pier, bulkhead, or slip, for the purpose of the shipment or removal of any offal, garbage, rubbish, blood, or offensive animal or vegetable matter, dirt, or dead animals, or for the use of any contractor for the removal of any of the foregoing substances, without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and with the Regulations of said Board. (S. C., 115.) 246. The use of docks } piers, and bulkheads regulated. No person shall obstruct, delay, or interfere with the proper and ready use, for the purposes for which they may be and should be set apart and devoted, of any dock, pier, or bulkhead by any contractor or person engaged in removing any offal, garbage, rubbish, dirt, dead animal, night soil, or other like substances, or with the proper performance of such contracts. (S. C., 113.) 247. Refuse from oyster-houses, oyster-saloons, and other premises; method of disposal of refuse regulated; nuisances prohibited. Every proprietor, lessee, tenant, and occupant of any oyster-house, oyster- saloon, or other premises where any oysters, clams, lobsters, or shell or other fish are consumed, used, or sold, or where any of the refuse matter, offal, or shells thereof accumulate shall daily cause all such shells, offal, and refuse matter to be removed therefrom to some proper place, and shall keep such house, saloon, or premises at all times free from any offensive smells or accumulations. (S. C., 112.) 248. Ashes, garbage, and liquid substances; separate receptacles to be provided, duties of owners, lessees, and agents; removal; special provi- sions applicable to Borough of Richmond. It shall be the duty of every owner, tenant, lessee, occupant, or person in charge of any and every building in the built-up and generally built-up parts <:f the City of New York, from which the City of New York removes 468 CODE OF ORDINANCES OF THE CITY OF NEW YORK ashes, garbage, rubbish, or refuse, to provide or cause to be provided, forthwith, and at all times thereafter to keep and provide or cause to be kept and provided, within and for the exclusive use of such building, or the part thereof to which reference is hereinafter made, separate receptacles, made of metal, for holding, respectively, with- out leakage, all ashes, garbage, and liquid waste substances, that may accumulate, during sixty consecutive hours, in or through the use of such building, or the part thereof of which such person may be the owner, tenant, lessee, occupant, or in charge. And it shall be the duty of every owner, tenant, lessee, occupant or person in charge of any such building to cause to be separated and put into their respective receptacles all such materials and sub- stances; but no such receptacle shall be filled to a great height than a line within such receptacle four inches from the top thereof, nor shall any such receptacle, when so filled, contain more than two cubic feet of material, nor weigh more than one hundred pounds; and every such receptacle shall be kept, at all times, in a condition satisfactory to the Street Cleaning Department or the Department of Health. And all such receptacles shall be kept within the building, or in the rear premises therewith connected, until the time for the removal of such ashes, garbage, or liquid waste substances, when such re- ceptacles shall be placed in the area, or within the fence or other enclosure, in front of such building, or, if there be no area, or fence or other enclosure, such receptacles shall be placed on the sidewalk close to such building; all such receptacles shall remain so placed until the contents thereof shall have been removed by the Street Cleaning Department, immediately after which, such receptacles shall be returned to such building, or to the rear premises therewith connected; and every receptacle containing garbage or liquid waste substance, when outside of such building shall be kept, at all times, covered with a tight fitting cover. And newspapers, wrapping-paper, and all other light refuse and rubbish likely to be blown or scattered about the streets, shall be securely bundled, tied, or packed, before being placed for removal; and such newspapers, wrapping-paper, and other light refuse and rubbish, as well as all other refuse and rubbish, shall be kept within the building, or in the rear premises therewith connected, until the time for the removal thereof, when they shall be placed as the re- ceptacles hereinbefore mentioned are required, by the provisions of this section, to be placed. No such receptacle and no such refuse or rubbish shall, however, be so placed as to constitute or contribute to the creation of a nui- sance; and no yard sweepings, hedge cuttings, grass, leaves, earth, stone, bricks, or business waste shall be mixed with household waste. Accumulations of household ashes, garbage, refuse or rubbish re- sulting from the failure to take advantage of the regular collection service shall be removed at the expense of the person or persons con- cerned. It shall, however, be the duty of every owner, tenant, lessee, occu- pant, or person in charge of every building in the built-up and gen- erally built-up parts of the City of New York not included within the foregoing provisions of this section to observe the requirements SANITARY CODE 469 of the said provisions, except that such owner, tenant, lessee, occu- pant, or person shall cause all ashes, garbage, liquid waste, rubbish, and refuse to be daily removed therefrom. The foregoing provisions shall apply to the built-up and generally built-up parts of the City of New York except as follows: In the Borough of Richmond, ashes from house furnaces shall be kept apart from the remainder of the household waste and be kept in a receptacle, or in receptacles, made of metal, which shall be used only for holding such ashes; and the remainder of the household waste, including garbage, kitchen ashes, sweepings, soiled paper, refuse, and rubbish, shall be placed in another metal receptacle, or in other metal receptacles, which, when outside of a building, shall be kept covered with a tight fitting cover. (S. C., 108.) 249. Receptacles for ashes, garbage, and liquid substances not to be interfered with or contents disturbed. No person, not for that pur- pose authorized, shall interfere with the receptacles for ashes, gar- bage, or liquid substances, as provided in accordance with Section 248 of the Sanitary Code, or with the contents thereof; nor shall any person in any way handle or disturb such contents. (S. C., 109.) 250. Ashes, garbage, and rubbish; method of removal regulated. All occupants so preferring may deliver their ashes, garbage, refuse, and rubbish directly to the proper carts, to be taken away at any hour of the day when said carts may be present, and said carts may take such articles and substances at any such hour; provided that such garbage, refuse, or rubbish be not highly filthy or offensive. In the latter case, the same shall not be so delivered or received dur- ing the period beginning at seven o'clock am., of any day and end- ing at ten o'clock of the evening of the same day. (S. C., 110.) 251. Vacant lots; accumulation of water thereon prohibited; fence to be provided, if sunken; throwing and depositing offensive material into xnch lots prohibited. It shall be the duty of every owner, lessee, contractor, or other person having the management or control of any lot or parcel of land in the City of New York, to keep and pre- serve the same, at all times, clean and inoffensive, and to prevent the gathering or collecting of water thereon; and to provide and main- tain around or in front of any lot which is sunken, excavated, or below the grade of the sidewalk adjacent thereto, a proper fence to protect persons from falling into such lot. No person shall throw or deposit into or upon any lot any garbage, refuse, or other offensive material. (S. C., 116.) A somewhat similar ordinance, sustained. City of Rochester v. Simpson, 134 N. Y. 414. 252. Filling in land; offensive and unwholesome materials not to be used; the use of street sweepings for filling-in purposes forbidden. No person shall fill in any land under or above water within the limits of the City of New York, or any of the islands situated within such limits, with garbage, dead animals or any part thereof, decay- ing matter, or any offensive and unwholesome material, or with dirt, ashes, or other refuse, when mixed with such garbage, dead animals or parts thereof, decaying matter, or offensive and unwhole- some material. No street sweepings shall bo deposited or used to fill up or raise the surface or level of any lot, grounds, dock, wharf, or pier in or 470 CODE OP ORDINANCES OP THE CIT? OP NEW YORK adjacent to the built-up portions of the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 98.) 253. Lime, ashes, coal, dry sand, hair, feathers, and like substances, and other materials not to be sieved, agitated, or exposed. No lime ashes, coal, dry sand, hair, feathers, or other substance that is in a similar manner liable to be blown by the wind, shall be sieved, agitated, or exposed, nor shall any mat, carpet, or cloth be shaken or beaten, nor shall any cloth, yarn, garment, material, or substance be scoured, cleaned, or hung, nor shall any rags, damaged merchan- dise, barrels, boxes, or broken bales of merchandise or goods, be placed, kept, or exposed in any place where they are particles there- from will pass into any street or public place, or into any occupied premises; nor shall any usual or any reasonable precautions be omitted by any person to prevent fragments or other substances from falling, to the detriment or peril of life or health, or dust or light material flying into any street, place, or building, from any building or erection, while the same is being altered, repaired, or demolished, or otherwise. (S. C., 118.) ARTICLE 14 PLUMBING, DRAINAGE AND SEWERAGE- Sec. 271. Drainage; duties of owners, lessees, tenants, and occupants of buildings and premises. 272. Drainage of marsh land. 273. Sewers; to be adequately flushed; duties of boards, de- partments, officers and persons. 274. Sewage, drainage, factory refuse, and foul offensive liquid or other material; disposal thereof regulated and re- stricted. 275. Change in drainage, sewerage, and sewer connection, affect- ing other premises regulated. 276. Drains, soil-pipes, passages, or connections between sewers and buildings; to be adequate. 277. Plumbing; to be kept in good order and repair. 278. Plumbing fixtures; to be separately trapped. 279. Drain, soil, and waste pipes; joints and connections. 280. Drain pipes from refrigerators; to discharge into open sink; discharge from overflow pipe regulated. 281. Waste, soil, and vent pipes; to be constructed and located so as not to contribute to the creation of a nuisance. 272. Ventilation of sewers and plumbing. 283. Rain water leaders and gutters; use restricted; to be sound, tight, and adequate. 284. Privies and water-closets; maintenance. 285. Temporary privies; to be provided during construction work. 286. Pro vies to be screened to prevent access of flies. 287. Privy vaults and cesspools; construction. iiction SANITARY CODE 471 Sec. 271. Drainage; duties of owners, lessees, tenants, and occupants of buildings and premises No person being owner, lessee, tenant, or occupant of any building or premises, shall allow any water or other liquid to run from or out of such building or premises upon or across any sidewalk or curbstone, and, no such substance shall be allowed to pass into any street except by means of a passage con- structed under or through, which passage must be kept at all times adequate and in repair; and no water or other liquid, or ice there- from, shall be allowed to gather or remain on the upper surface of such curb, flag-stone, or passage; nor shall any such person allow any accumulation of such water or liquid, or the ice therefrom upon any street or place, but shall at all times cause the same to be removed or to pass along the gutter or some proper passage to one of the rivers or into a sewer. (S. C., 40.) 272. Drainage of marsh land. It shall be the duty of every owner, lessee, agent, contractor, or other person having the manage- ment or control of any salt marsh land, inland swamp, sunken lot, abandoned excavation, or any other place wherein or whereon either salt or fresh water becomes stagnant and in which said stagnant water mosquitoes are bred and developed, to fill in or drain the same, or employ such other methods as will prevent at all times the breed- ing of mosquitoes in or on such places. 273. Sewers,' to be adequately flushed,' duties of boards, departments, officers and persons. It shall be the duty of all boards, departments, officers, and persons having power and authority so to do or re- quired (and to the extent thereof) to cause sufficient water to be used, and other adequate moans to be taken, so that whatever sub- stances may enter any sewer shall pass speedily along and from the same and sufficiently far into some water or proper reservoir, in order that no accumulations shall take place therein, and no ex- halations proceed therefrom, dangerous or prejudicial to life or health. (S. C., 28.) 274. Sewage, drainage, factory refuse, and foul or offensive liquid or other material; disposal thereof regulated and restricted. No person, persons, company, or corporation shall cause, permit, or allow any sewage, drainage, factory refuse, or any foul or offensive liquid or other material to flow, leak, escape, or be emptied or discharged, into the waters of any river, stream, canal, harbor, bay, or estuary, or into the sea, within the limits of the City of New York, excepting under low-water mark, and in such manner and under such condi- tions that no nuisance can or shall be caused thereby or as a result 1 hereof. (S. C., 28.) 275. Change of drainage, sewerage, and sewer connection, affecting other premises regulated. No change shall be made in the drainage, sewerage, or the sewer connection of any house or premises, involv- ing changes in the drainage, sewerage, or sewer connection of any other house or premises, unless at least 30 days' notice thereof in writing shall have been previously given to this Department, and to I he owner or occupant of the premises affected by such change. (S.C., 27.) 276. Drains, soil-pipes, passages, or connections between sewers n ml ImiMingn; to be adequate. Every person using, making, or having any drain, soil-pipe, passage, or connection between any sewer (or 472 CODE OF ORDINANCES OF THE CITY OF NEW YORK any river or other body of water) and any ground, building, erec- tion, or place of business, every owner or tenant of any such ground, building, or erection or place of business, and every person, board, department, or officer occupying or interested in, any such ground, building, erection, or place of business, shall, to the extent of the right and authority of each, cause and require such drain, soil-pipe, passage, or connection to be at all times adequate for the purpose of conveying and allowing, freely and entirely, to pass whatever enters or should enter the same. (S. C., 27.) 277. Plumbing; to be kept in good order and repair. All house drains, house sewers, waste and soil pipes, traps, and water and gas pipes, in any building or premises shall at all times be kept in good order and repair so that no gases or odors shall escape therefrom and so that the same shall not leak; and all vent pipes shall be kept in good order and repair and free from obstructions. (S. C., 32.) 278. Plumbing fixtures; to be separately trapped. Every water- closet, urinal, sink, basin, wash-tray, and bath, and every tub or set of tubs and hydrant waste pipe, must be separately and effectively trapped, except where a sink and wash tubs immediately adjoin each other, in which case the waste pipe from the tubs may be con- nected with the inlet side of the sink trap. Traps must be placed as near the fixtures as practicable, and in no case shall a trap be more than two feet from the fixture. In no case shall the waste from a bath tub or other fixture be connected with a water-closet trap, nor shall any trap vent pipe be used as a waste or soil pipe. (S. C., 33.) 279. Drain, soil, and waste pipes; joints and connections. All joints in cast iron drain, soil, and waste pipes must be filled with oakum and lead and be hand caulked so as to make them gas-tight. All connections of lead with iron pipes must be made with a brass sleeve or ferule of the same size as the lead pipe, put into the hub of the branch of the iron pipe, and caulked with lead; and the lead pipe must be attached to the sleeve or ferrule by a wiped or overcast joint. All connections of lead waste and vent pipes shall be made by means of wiped joints, and all connections of galvanized wrought iron pipe shall be made with screw joints. (S. C., 31.) 280. Drain pipes from refrigerators; to discharge into open sink; discharge from overflow pipe regulated. No drain pipe from a refrig- erator shall be connected with the soil or waste pipe, but it shall discharge into a properly trapped, sewer-connected, water-supplied, open sink. No overflow pipe from a tank shall discharge into any soil or waste pipe, or water-closet trap, or into the drain or sewer, but it may discharge upon the rpof or into an open water-supplied tank. (S.C., 34.) 281. Waste, soil, and vent pipes; to be constructed and located so as not to contribute to the creation of a nuisance. All waste, soil, and vent pipes in any building in the City of New York shall extend above the roof thereof to a height of at least two feet, and that portion of the pipe extending above the roof shall be of an increased diameter. All such pipes shall be so constructed and located that they shall not contribute to the creation of a nuisance. (S. C., 36.) 282. Ventilation of sewers and plumbing. No brick, sheet me or earthenware, material or chimney flue shall be used as a shall netal, sewer SANITARY CODE 473 ventilator, or to ventilate any trap, drain, soil, or waste pipe. (S. C., 283. Rain water leaders and gutters; use restricted; to be sound, tight, and adequate. Rain waters leaders and gutters shall be sound, tight, and adequate for their purpose and such leaders shall not be used as soil, waste, or vent pipes, or be connected therewith; nor shall any soil, waste, or vent pipe be used as a leader. When within the house, the leader must be of cast iron, wrought iron, or steel, with leaded joints and properly connected with the house drain; when outside of the house and connected with the house drain, it must be trapped beneath the ground or just inside of the wall, the trap being arranged in either case so as to prevent freezing. In every case where a sewer or cesspool connected leader opens near a window or a light-shaft, it must be properly trapped at its base. The joint between a cast iron leader and the roof must be made gas and water tight by means of a brass ferrule and a lead or copper pipe properly connected. (S. C., 35.) 284. Privies and water-closets; maintenance. Every owner, lessee, keeper, or manager of any boarding-house, lodging-house, dwelling-house, and any factory, workroom, store, office, or place of business, in which persons are employed, shall provide, or cause to be provided, for the use of the tenants, boarders, lodgers, dwellers or employees therein adequate privies or water-closets, and the same shall be properly lighted and ventilated, and shall at all times be kept in such cleanly and sanitary condition, as not to be offensive or dangerous or detrimental to life or health. And no offensive smell or gases, from any outlet or sewer, or from any such privy or water- dosrt, shall be allowed to pass into any other part of said house, building, or premises, or into any other house, building, or premises. (S. C., 20.) 285. Temporary privies; to be provided during construction work. Contractors or builders shall provide or cause to be provided tem- porary privies for the use of the men employed during construction work, at some convenient place upon the premises, or which shall be readily accessible, and the same shall be properly screened to prevent the entrance of flies thereto. The contents of such privies shall be disinfected and removed, and shall not be allowed to accumu- late thereat. Contractors, builders, or other persons having the management and control of construction work shall prevent the commission of any nuisance by workers, employees, or other persons connected therewith, in and about such work or premises, and re- quire workers and employees to use the privies so provided. (S. C., 37a.) 286. Privies to be screened to prevent access of flies. It shall be the duty of each owner, lessee, or occupant of any premises on which a privy is located or used to cause the same to be properly screened so that flies shall not have access thereto or to the contents thereof. (S. C., 37a.) 287. Privy vaults and cesspools; construction. No privy vault or cesspool shall be allowed to remain on any premises, or built, in the City of New York unless when unavoidable. The sides and bottom of every privy vault, cesspool, or "school sink," in the City of New York, must be impermeable and secure against any satura- 474 CODE OF ORDINANCES OF THE CITY OF NEW YORK tion of the walls or the ground above the same, unless otherwise allowed by a permit in writing issued therefor by the Board of Health and must then be used in accordance with the terms of said permit and the Regulations of said Board. No water-closet or privy vault shall be constructed without adequate provision for the effectual and proper ventilation and cleansing thereof. (S. C., 37.) ARTICLE 15 RAILROAD CARS AND OTHER PUBLIC VEHICLES Sec. 301. Public vehicles and other public places; to be cleaned daily. 302. Railroad cars and other public vehicles; carrying or con- veying soiled or cirty clothing restricted. 303. Railroad cars and other public vehicles; to be adequately and sufficiently ventilated. 304. Heating. 305. Lighting. 306. Cars not to be overcrowded. 307. Public vehicles not to be overcrowded. Sec. 301. Public vehicles and other public places ; to be cleaned daily. Every railroad car, omnibus, and ferryboat, used in the City of New York for carrying passengers, and every railroad depot, railroad station, railroad platform, and ferryhouse, and every public room or space connected therewith, and every stairway and other means of entrance thereto or exit therefrom, shall, on each and every day on which it shall be used, be carefully and thoroughly cleaned so that all refuse, dirt, and filth are removed therefrom, in such manner as to avoid the raising of dust. Dry sweeping is prohibited. As amended by the Board of Health, October 15, 1918. 302. Railroad cars and other public vehicles; carrying or conveying soiled or dirty clothing restricted. No person shall at any time carry or convey upon or in any passenger car or other public vehicle, nor shall any conductor or person in charge of any such car or other public vehicle permit or allow to be carried or conveyed upon or in such car or other public vehicle, except upon or on the front plat- form thereof, any soiled or dirty articles of clothing or bedding. (S. C., 174.) As amended by the Board of Health, December 16, 1916. 303. Railroad cars and other public vehicles; to be adequately and sufficiently ventilated. Every railroad car and other public vehicle used in the City of New York for carrying of passengers shall be constructed so as to provide and secure, at all times, good, adequate and sufficient ventilation, and such good, adequate and sufficient ventilation shall be maintained at all times by natural or mechanical means. (S. C., 175.) As amended by the Board of Health, December 16, 1916. SANITARY CODE 475 304. Heating. Every railroad car and other public vehicle, and every ferryboat, used in the City of New York for carrying pas- sengers, and every depot, station, ferryhouse and waiting room used in connection with such means of transit, shall, between the first day of October of each year and the first day of April of each follow- ing year, be properly heated and kept heated whenever the tempera- ture upon the street shall fall below forty degrees Fahrenheit. As amended by the Board of Health, December 16, 1916. 305. Lighting. Every railroad car and other public vehicle, and every ferryboat used in the City of New York for carrying passen- gers, and every depot, station, ferryhouse, waiting room and other public place or premise used in connection with such means of transit shall be, at all times, adequately lighted, by natural or artificial means. As adopted by the Board of Health, December 16, 1916. 306. Cars not to be overcrowded. Annulled March 28, 1918. 307. Public vehicles not to be overcrowded. Annulled March 28, 1918. ARTICLE 16 STREET CONDITIONS Sec. 311. Method of cleaning streets regulated. 312. Street obstruction prohibited. 313. Dirt and other materials not to obstruct street. Sec. 311. Method of cleaning streets regulated. Every person, when cleaning any street, shall clean, and every contractor shall cause to be cleaned, the gutters and parts of the street along which the water will run, before using any water to wash the same; and no substance that could be before scraped away shall be washed or allowed to be carried or be put into the sewer, or into any receptacle therewith connected. (S. C., 39.) 312. Street obstructions prohibited. No person having the right and ability to prevent, shall take or drive or allow to go or be taken, any horse or other animal, or any vehicle, upon any sidewalk or footpath in front of any building, to the peril of any person; nor shall any person block or obstruct, or contribute to the blocking or ob- structing of, any street or other public place. (S. C., 78.) 313. Dirt and other materials not to obstruct street. No person shall deposit upon any street or public place within the generally built-up portion of the City of New York, or upon any paved street in the said city, any dirt, brick, or other material, in such manner as to occupy more than one hundred square feet of surface of any such street or public place (and the same shall be compact and at one side); nor shall any person allow the same to remain in said street or public place more than twelve hours without a permit there- for issued by the Board of Health, or unless such occupancy shall 476 CODE OF ORDINANCES OP THE CITY OF NEW YORK be otherwise duly authorized by paramount authority. Nor shall any such substance be so deposited or allowed to remain by any person, as to obstruct the free flowage along any gutter. (S. C., H7.) ARTICLE 17 TRADES, OCCUPATIONS AND BUSINESSES Sec. 321. Occupations and businesses, dangerous or detrimental to life or health, prohibited. 322. Offensive or noisome trades and businesses regulated. 323. Certain offensive or noisome trades, occupations, and businesses prohibited in the Borough of Manhattan. 324. Certain offensive or noisome businesses in the Boroughs of Brooklyn, The Bronx, Queens, and Richmond reg- ulated. 325. Business of slaughtering cattle, sheep, swine, pigs, calves, and fowl regulated. 326. Business of slaughtering cattle, horses, sheep, swine, pigs, and calves restricted in the Borough of Manhattan. 327. Slaughtering of horses and sale of horseflesh for food, regulated. 328. Tanning, skinning, and scouring or dressing hides and leather regulated. 329. Business of rendering and melting fat regulated. 330. Business of manufacturing or preparing sausages and smoking or preserving meat or fish regulated. 331. Business of breaking out eggs regulated; sale of "spots" and "spot eggs" prohibited; the term "spot" and "spot eggs" defined. 332. Boiling varnish or oil; distilling alcoholic spirits; making lampblack, turpentine, or tar; treating and refining ores, metals, or alloys of metals; regulated. 333. Gas manufacture regulated and restricted; plans of build- ings and location to be approved. 334. Lodging houses regulated. 335. Barber shops regulated. 336. Public laundries regulated. 337. Duty of employers to provide means to prevent occupa- tional diseases. 338. Manufacturing, sorting and handling cigars, cigarettes and tobacco regulated. 339. Removal of dust, gases, and other impurities from work- rooms by suction devices. 340. Bathing establishments regulated. 341. Ocean bathing; regulations for protection. 342. Horseshoeing establishments regulated. Sec. 321. Occupations and businesses, dangerous or detrimental to life or health, prohibited. No occupation or business that is danger- ous or detrimental to life or health shall be established or carried on in the City of New York. (S. C., 92.) SANITARY CODE 477 322. Offensive or noisome trades and businesses regulated. No establishment or place for carrying on any offensive or noisome trade or business shall be opened, started, established, or maintained in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said per- mit and with the Regulations of said Board. (S. C., 88.) 323. Certain offensive or noisome trades, occupations and busi- nesses prohibited in the Borough of Manhattan. It shall not be lawful for any person, persons, or corporation, to carry on, establish, prose- cute, or continue, within the Borough of Manhattan, the occupation, or trade, or business, of bone boiling, bone burning, bone grinding horse skinning, cow skinning, or skinning of dead animals, or the boiling of offal; and any such establishment existing within said Borough shall be forwith removed from said Borough, and such occupation, trade, or business shall be forthwith abated and dis- continued, provided that the provisions of this section shall not apply to the slaughtering or dressing of animals for sale in said Borough. (S. C., 90.) 324. Certain offensive or noisome businesses, in the Boroughs of Brooklyn, The Bronx, Queens, and Richmond, regulated. The busi- ness of bone crushing, bone boiling, bone grinding, bone or shell burn- ing, lime making, horse skinning, cow skinning, glue making from any part of dead animals, gut cleaning, hide curing, fat rendering, boiling of fish, swill, or offal, heating, drying, or storing of blood, scrap, fat, grease, or other offensive animal matter or of offensive vegetable matter, or manufacturing materials for manure or ferti- lizer, shall not be carried on in the Boroughs of Brooklyn, The Bronx, Queens, or Richmond without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 91.) 325. Business of slaughtering cattle, sheep, swine, pigs, calves, and fowl regulated: The business of slaughtering cattle, sheep, swine, pigs, calves, or fowl shall not be conducted in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. It shall not be unlawful, how- ever, to slaughter cattle, sheep, swine, pigs, or calves in the Borough of Brooklyn, at such places where such business was established and carried on on January 3, 1898. (S. C., 83.) 326. Business of slaughtering cattle, horses, sheep, swine, pigs, and calves restricted in the Borough of Manhattan. The business of slaugh- tering cattle, horses, sheep, or calves shall not be conducted in the Borough of Manhattan except in that part of the said Borough bounded by the west side of Eleventh Avenue, the middle line of the block between West 38th and West 39th streets (west of Eleventh avenue), the North River, and the south side of West 41st street; and in that part of the said Borough bounded by the east side of First avenue, the middle line of the block between East 42d street and Kast 43d street (east of First avenue), the East River, and the south side of East 47th street. (Amend. Dec. 21, 1915.) Tin- business of slaughtering swine and pigs shall not be continued in flic Borough of Manhattan except in that part of the said Borough bounded by the west side of Eleventh avenue, the middle line of 478 CODE OF ORDINANCES OP THE CITY OF NEW YORK the block between West 38th and West 39th streets (west of Eleventh avenue) the North River, and the south side of West 41st street. (S. C., 84.) Limiting the slaughtering of cattle to a restricted section is regulating the busi- ness and not void as being in restraint of trade. Cronin v. People, 92 N. Y. 318. 327. Slaughtering of horses and sale of horseflesh for food regulated. The business of slaughtering horses shall not be conducted in the City of New York, not shall any horseflesh be brought into, or held, kept, or offered for sale in said City without a permit therefor, issue. 1 by the Board of Health, or otherwise than in accordance with the terms of said permit and the Regulations of said Board. (Amended Dec. 21, 1915.) 328. Tanning, skinning, and scouring or dressing hides and leather regulated. No establishment or place of business for tanning, skin- ning, or scouring, or for dressing hides or leather shall be opened, started, established, or maintained in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 88.) 329. Business of rendering and melting fat regulated. The business of rendering or melting fat shall not be carried on in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 95.) 330. Business of manufacturing or preparing sausages and smok- ing or preserving meat or fish regulated. The business of manufac- turing or preparing sausages or smoking or preserving meat or fish shall not be carried on, nor shall any place therefor be established, in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 49a.) 331. Business of breaking out eggs regulated,' sale of "spots" and "spot eggs'' prohibited,' the term "spot" and "spot eggs" defined. No person shall break out eggs for sale or conduct the business of breaking out eggs to be canned, frozen, dried, or used in any other manner, in the City of New York, and no eggs broken from the shell, whether canned, frozen, dried, or treated in any other manner, shall be received, held, kept, sold, offered for sale, or delivered in the said City without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (a) No person shall receive, hold, keep, sell, offer for sale, or deliver, as or for food, or to be used in food, in the City of New York, any canned, frozen, or dried eggs, or eggs broken from the shell, which are adulterated or to which has been added any poisonous ingredient or any ingredient which may render such eggs injurious to health, or to which has been added any antiseptic, preservative, or foreign sub- stance not evident and not known to the purchaser or consumer, or which shall contain filthy, decomposed, or putrid animal matter. (b) No person shall keep, sell or offer for sale as food any " spots" or "spot eggs." Such eggs in the possession of a dealer in food shall, prima facie, be deemed to be held, kept, and offered for sale, as such food. SANITARY CODE 479 The term "spots" and "spot eggs," when used herein, shall be taken to mean all eggs that are partially hatched, broken yolked, blood ringed, or veined, and all unsound eggs, including those af- fected by moulds or which are partly decomposed or that have be- come sour. (S. C., 48a.) 332. Boiling varnish or oil; distilling alcoholic spirits; making lampblack, turpentine, or tar; treating and refining ores, metals, or alloys of metals; regulated. No person shall hereafter erect or estab- lish in the City of New York any manufactory or place of business, for boiling any varnish or oil, for the distilling of any ardent or alcoholic spirits, for making any lampblack, turpentine, or tar, for the treating and refining of ores, metals, or alloys of metals, with acids or heat, or for conducting any other business that will or does generate any offensive or deleterious gas, vapor, deposit, or exhala- tion, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C., 94.) 333. Gas manufacture regulated and restricted; plans of building and location to be approved. No person or corporation being a man- ufacturer of gas, or engaged in or about the manufacture thereof, shall throw or deposit or allow to run, or shall permit to be thrown or deposited, into any public waters, river, or stream, or into any sewer therewith connected, or into any street or other public place, any gas, tar, or any refuse matter of or from any gas-house works, manufactory, mains, or service pipes, or permit the escape of any offensive odors from their works, mains, or pipes; nor shall any such person or corporation permit to escape from any of their works, mains, or pipes, any gas dangerous or prejudicial to life or health, or manufacture illuminating gas of such ingredients and quality that in the process of burning it any substance which may escape therefrom shall be dangerous or prejudicial to life or health; nor shall any such person or corporation fail to use the most approved and all reasonable means for preventing the escape of odors. No buildings shall be erected or converted into, or used as, a place for the manufacture of illuminating gas, until the plans of such buildings and the location thereof, shall have been duly approved in writing by the Board of Health. (S. C., 89.) 334. Lodging houses regulated. No lodging house containing rooms in which there are more than three beds for the use of lodgers, or in which more than six persons are allowed to sleep, shall be con- ducted, maintained, or operated in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of the said permit and the Regulations of the said Board. (S. C., 21.) 335. Barber shops regulated. No barber shop in the City of New York shall be conducted otherwise than in accordance with the Regulations of the Board of Health. (S. C., 179.) 33fr. Public laundries regulated. No public laundry shall be conducted otherwise than in accordance with the Regulations of the Board of Health. The provisions of this section shall not apply to the home of a person performing laundry work thereat for a regular family trade. H37. Duty of employers to provide means to prevent occupational 480 CODE OP ORDINANCES OP THE CITY OP NEW YORK diseases. Every employer shall provide reasonably effective devices, means, and methods to prevent the contraction by his employees of any illness or disease incident to the work or process in which such employees are engaged. 338. Manufacturing, sorting and handling cigars , cigarettes and tobacco regulated. No person engaged, in the City of New York, in manufacturing, sorting, or handling, cigars or cigarettes or in pre- paring, sorting, or handling, tobacco for any purpose, shall, at any time, touch with lips, teeth, or tongue any such cigar or cigarette or any such tobacco, intended to be sold or offered for sale; nor shall any person moisten with saliva, directly or indirectly, by spitting, or by use of the fingers, or utensils or accessories of any kind, any such cigar or cigarette or any such tobacco; nor shall any person spray or moisten any such cigar or cigarette or any such tobacco by means of water or any other liquid, emitted from the mouth; nor shall any part of any such cigar or cigarette be allowed to touch or be introduced into the nose of any person. A copy of this section shall be conspicuously posted in every place where such cigars or cigarettes are, or tobacco is manufactured, pre- pared, sorted, or handled. (Amend. Dec. 21, 1915.) 339. Removal of dust, gases, and other impurities from workrooms by suction devices. Every factory and other place of business in any workroom of which, in the course of business, dust, gases, fumes, vapors, fibers, or other impurities are generated, released, or set in motion, in quantities tending to injure the health of the persons therein employed, shall be provided with suction devices that will remove such dust, gases, fumes, vapors, fibers, or other impurities from every such workroom, ana such devices shall be installed as near as practicable to the place where such dust, gases, fumes, vapor, fibers, or other impurities are generated, released, or set in motion. Such devices shall, also, be kept constantly working when their em- ployment is necessary to meet the requirements of this section. Every factory and other place of business in any workroom of which, through the nature of the business carried on, excessive heat is created shall be provided with such means or appliances as will appreciably reduce such heat, and such means or appliances shall be constantly employed when such excessive heat is being created. 340. Bathing establishments regulated. Bathing suits shall not be hired out, nor shall any bathing establishment be maintained in the City of New York without a permit therefore issued by the Board of Health or otherwise than in accordance with the terms of said permit and the Regulations of said Board. For the purpose of this section, the expression "bathing establishment" shall be taken to mean and include every building, room, enclosure, place or premises wherein bathing is permitted for hire or wherein bathing suits are hired out or which, for hire, is used for the purpose of dressing or undressing in connection with the wearing, putting on or taking off of bathing suits. (S. C., 26.) As amended by the Board of Health, June 28, 1916, and further amended June 28, 1917. For the purpose of this section the expression "bathing establish- ment" shall be tak,en to mean and include every building, room, enclosure, place, or premises wherein bathing suits are hired out, or SANITARY CODE 481 which, for hire, is used for the purpose of dressing or undressing in connection with the wearing, putting on, or taking off of bathing suits. (Amend, adopted June 28, 1916.) 341. Ocean bathing; regulations for protection. Every keeper or proprietor of a hotel or boarding house, and every other person having a bathing-house upon or near any beach or shore of the ocean for the accommodation of his guests or other persons, for pay, shall provide for the safety of such bathers two lines of sound, serviceable, and strong manila or hemp rope, not less than one inch in diameter, anchored at some point above high water, at the same distance apart as the width of the space occupied by him fronting on such beach; and from the two points at which such life lines are so anchored, such lines shall be made to extend as far into the surf as bathing therein is ordinarily safe and free from danger of drowning to persons not expert in swimming, and at such limit points of safety such lines shall be anchored and buoyed. From such limit points of such lines so extended, anchored, and buoyed, a third line shall be extended, connecting the two extremities of such lines, and buoyed at such points as to be principally above the surface of the water, thereby inclosing a space within such lines and the beach within which bath- ing is believed to be safe. Every such keeper, proprietor, or other such person shall cause to be painted and put up in some prominent place upon the beach, near such bathing-houses, the following words: "Bathing beyond the lines dangerous." Such lines so placed, an- chored, and buoyed, and such notice so put up, shall be so main- tained by every such keeper, proprietor, or other person during the entire season of surf bathing. The owner of a bathing-house shall not be subject to the provisions of this section where such bathing- house is used, occupied, or maintained by a lessee for hire, but, in such instances, the lessee shall be deemed the keeper or proprietor thereof. (S. C., 26.) 342. Horseshoeing establishments regulated. No horseshoeing establishment shall be conducted or maintained in the City of New York without a permit therefor issued by the Board of Health, or otherwise than in accordance with the terms of said permit and the Regulations of said Board. (New. Passed, Dec. 21, 1915.) ARTICLE 18 VESSELS AND SEAMEN Sec. 351. Duties of masters, chief officers, and physicians. 352. Vessels from infected ports, or liable to quarantine; not to be brought within three hundred yards of docks or piers unless permitted. 353. Vessels not in quarantine; duty of master, chief officers, and consignee to make daily reports. 354. Removal of persons sick of an infectious disease prohibited. 355. Removal of persons and articles exposed to infectious disease restricted; permit required. 356. Straw, bedding, clothing, and other substances; not, to he cast into public waters. 482 CODE OF ORDINANCE OF THE CITY OF NEW YORK 357. Births, marriages, and deaths; duty of officers, surgeons, and others to report. 358. Discharge of cargo regulated. 359. Skins, hides, rags, straw, bedding, and other articles and materials; removal and distribution regulated. 360. Houseboats; the use thereof regulated. 361. Boats and other water craft; loud and explosive noises prohibited. 362. Duties of keepers, lessees, tenants, and owners of boarding- houses and lodging-houses. Sec. 351. Duties of masters, chief officers, and physicians. Every master and chief officer of any vessel, and every physician of, or who has practiced on, any vessel, which shall arrive in the port of New York from any other port, shall at once report to the Department of Health any facts connected with any person or thing on said vessel, or that came thereon, which he has reason to think may endanger the public health of the City of New York; and he shall report the facts as to any person thereon being or having been sick of an in- fectious disease, and as to there being or having been thereon during the voyage or since the arrival of any such vessel any infected person or articles. (S. C., 151.) 352. Vessels from infected ports, or liable to quarantine; not to be brought within three hundred yards of docks or piers unless permitted. No master, charterer, consignee, or other person shall order, bring, or allow (having power and authority to prevent) any vessel or person, or article therefrom, from any infected port, or any vessel, or person or article therefrom, liable to quarantine, according to the ninth section of the three hundred and fifty-eighth chapter of the Laws of 1863 (or under any other laws, and whether such quarantine has been made or suffered or not), to come or be brought to any point nearer than three hundred yards from any dock, pier, or build- ing, in the City of New York without a permit therefor issued by the Board of Health, or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. Nor shall any vessel, or person or thing therein or therefrom, having been in quar- antine, come or be brought or be permitted to remain within the last- named distance of any last-named place, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (Amended, Dec. 21, 1915.) 353. Vessels not in quarantine ', duty of master, chief officers, and consignee to make daily reports. The master, chief officer, and con- signee, of every vessel not being in quarantine, or within quarantine limits, but being within one-fourth of a mile of any dock, wharf, pier, or building of the City of New York, shall daily report to the Depart- ment of Health, or cause to be reported thereto, in writing, the par- ticulars, and shall therein state the name, disease, and condition, of any person in or on such vessel who is sick of any infectious disease. (S. C., 149.) 453. Removal of persons sick of an infectious disease prohibited. No person shall bring into the City of New York from any infected place, or land at or take into the said City from any vessel lately SANITARY CODE 483 from an infected port, or from any vessel or building in which haw lately been any person sick of an infectious disease, any article or person whatsoever, nor shall any such latter person land or come into said City, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms and conditions of said permit; and it shall be no excuse that the person so offending, or the article involved in the offense, has passed through quarantine, or that a permit therefor has been obtained from any other source than the said Board. (S. C., 156.) 355. Removal of persons and articles exposed to infectious dis- eases restricted; permit required. No captain, officer, consignee, owner, or other person in charge of any vessel (or haying right and authority to prevent) shall remove or aid in removing from any vessel to the shore (save as legally authorized by the Health Officer of the Port of New York, and then into quarantine grounds and buildings only) any person sick of, or person that has been exposed to and is liable very soon to develop, any infectious disease, or so remove or aid in removing any articles that may have been exposed to the contagion of any such disease, without or otherwise than in accordance with the terms and conditions of a permit therefor issued by the Board of Health. (S. C., 154.) 356. Straw, bedding, clothing, and other substances; not to be cast into public waters. No owner, part owner, charterer, agent, or con- signee of any vessel, or any officer or person having charge or control of the same, shall cast or allow to be cast, therefrom, into any public waters of the City of New York, any straw, bedding, clothing, or other substance. (S. C., 157.) 357. Births, marriages, and deaths; duty of officers, surgeons, and others to report. The master, chief officer, ship's surgeon, or the company, corporation, charterer, or person having the management and control, of any vessel which shall arrive at the port of New York shall report, in writing, to the Department of Health of the City of New York, within three days after the arrival of such vessel, the death or marriage of any resident of said City, or the birth of any child, whose parents are residents or parent is a resident of said City, occurring thereon at sea, and shall file in the Bureau of Records of said Department a transcript of the entry made in the log book of such vessel, in respect to any such death, marriage, or birth. A transcript of any death, marriage, or birth filed as aforesaid may be issued, in the discretion of said Department, to any person entitled to receive the same. (S. C., 151a.) 358. Discharge of cargo regulated. No owner, agent, or consignee, of any vessel, or cargo, and no officer of any vessel (in respect of either of which vessel or cargo a permit, according to any law , ordi- nance, or regulation shall or should have been obtained to pass quarantine, or to come up to the water-front of the City of New York) shall unload, or land, or cause to be unladen or landed, such cargo, or any part thereof, at any place in said City, without or otherwise than in accordance with the terms and conditions of a per- mit therefor issued by the Board of Health. (S. C., 153.) 359. Skins, hides, rags, straw, bedding, and other articles and materials: removal and distribution regulated. No master, charterer, owner, part owner, or consignee of any vessel, or any other person, 484 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall bring nearer to any dock, pier, wharf, or building, than one thousand feet therefrom in the City of New York, or unload at any dock, pier, wharf, or building, therein, or have on storage in the built-up portions of said City, any skins, hides, rags, or similar arti- cles or materials which have been brought from any foreign country or any infected place, or from any points south of Norfolk, Virginia, without or otherwise than in accordance with the terms and condi- tions of a permit therefor issued by the Board of Health, and no person shall sell, exchange, remove, or in any way expose, any straw, bedding, or other articles used by immigrants upon any vessel bring- ing immigrants to this port, until it shall have been adequately and properly cleansed or disinfected; and all straw, bedding, or other articles that have been exposed on any vessel to the contagion or in- fection of any infectious disease, or have been or are liable to com- municate such disease, shall be destroyed by fire on said vessel. (S. C., 152.) 360. Houseboats; the use thereof regulated. No houseboat, while used or occupied as such, shall be moored, anchored, or located in the waters of any inlet or bay within the territorial limits of the City of New York, except the upper or lower bay of New York Harbor, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regu- lations of said Board; and no person shall use or occupy for living purposes any such boat so moored, anchored, or located, unless a permit for such boat has been issued as hereinbefore provided, or then otherwise than in accordance with the terms of said permit and the Regulations of said Board. (S. C., 157a.) 361. Boats and other water craft; loud and explosive noises pro- hibited. All boats or other water craft plying on any of the waters of or adjacent to the City of New York, equipped with a gasoline or other internal combustion engine in which a gas is generated or used for purposes of propulsion, shall be construed so that the exhaust from such engine is made to discharge into a muffler or other device which will prevent loud or explosive noises occurring on or about any such boat or craft, and no person having the management and control of any such boat or craft, or operating the engine thereon, shall cause, permit, suffer, or allow the exhaust from such engine to discharge into the open air, or otherwise than into a muffler or other device which will prevent loud or explosive noises occurring on or about any such boat or craft. (S. C., 188.) 362. Duties of keepers, lessees, tenants, and owners of boarding- houses and lodging-houses. The keepers, lessees, tenants, and owners of every boarding-house and lodging-house shall forthwith notify the Department of Health of the fact of any seafaring man, or person coming lately from any vessel, being taken sick at such house, and shall, at the same time, inform the said Department of the premises where such sick person may be found, and of the name of the vessel from which and the time when such person came, to the best of the knowledge of the person or persons giving such notice and informa- tion. (S. C., 150.) The Sanitary Code of the Board of Health of the Department of Health of the City of New York, revised and amended by the said Board and filed, as thus revised and amended, with the City Clerk SANITARY CODE 485 of the City of New York, pursuant to the provisions of Section 1172 of the Greater New York Charter. Revised and amended December 31st, 1914. Filed, as thus revised and amended, with the City Clerk Apr. 9, '15. NOTES. Pleading, evidence. The Sanitary Code, like all ordinances, must be pleaded and proved as a matter of fact to be used in evidence. The court will not take judicial notice of ordinances. Boston v. Abraham, 91 App. Div. 417; City of New York v. Knickerbocker Trust Co., 104 App. Div. 223; Met. Milk Co. v. City of N. Y., 98 N. Y. Supp. 894; 113 App. Div. 377; 186 N. Y. 533; Dept. of Health v. City R. E. Invest. Co., 86 N. Y. Supp. 18. Abating nuisance. Sec. 1179, L. 1901, ch. 466, gives Board of Health power to abate any building which it deems a nuisance, and sec. 1300 prescribes the pro- cedure. The right to destroy a building summarily is, if granted by statute, valid. Egan v. Health Dept., 9 App. Div. 431 ; Van Wormer v. Mayor of Albany, 15 Wend. 262; Cartwright v. City of Cohoes, 39 App. Div. 69; Smith v. Irish, 37 App. Div. 220; but the necessity for such an abatement is a question of fact which will be reviewed by the courts. Health Dept. v. Dassori, 159 N. Y. 245; People ex rel. Copcutt v. Board of Health of Yonkers, 140 N. Y. 1. As to powers of board, see People ex rel. Savage v. Board of Health, 33 Barb. 344. An order abating a nui- sance must be specific. Rogers v. Baker, 31 Barb. 447. Such an order is in its nature judicial and prima facie, is deemed just and legal, but is not conclusive. Golden v. Health Dept. of N. Y., 21 App. Div. 420; Village of Flushing v. Carraher, 87 Hun, 63. And while a board may abate a nuisance, it cannot erect anything new which is not necessary to abate. Haag v. City of Mt. Vernon, 41 App. Div. 36(5. Constitutional. See notes before Art. 1, supra. A law to preserve the public health may be constitutional even though it require expenses of a citizen coming within its provisions without previous notice and a hearing. Eckhardt v. City of Buffalo, 19 App. Div. 1. Liability of health officers. As to liabilities of health officers in destroying prop- erty for rights and remedies, see Sbarboro v. Health Dept. of N. Y., 2i> App. Div. 177; Golden v. Health Dept. of N. Y., 21 App. Div. 420; Underwood v. Green, 42 N. Y. 140; Egan y. Health Dept. of N. Y., 9 App. Div. 431. Members of Board of Health are administrative and not judicial officers. People ex rel. Lodes v. Dept. of Health, 189 N. Y. 187. Injunctions. Injunctions may be given health authorities. Yonkers v. Cop- cutt, 140 N. Y. 12; Gould v. Rochester, 105 N. Y. 46; Green Island v. Magill, 17 App. Div. 249; N. Y. Health v. Purdon, 99 N. Y. 237; N. Y. Health v. Labor, 38 Hun, 542. Gnrbage. Cities have the power to prevent garbage being drawn through the streets by the owners. Eddy v. Buffalo, 193 Ann. Div. 246. Jurisdiction. Under the Greater New York Charter, the Department of Health may sue and be sued. Alexander v. New York, 194 App. Div. 161. Manure. Regulations governing the removal are reasonable. Kenny v. Health Dept. 110 Miso. 692. 486 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 21 Sewers and Drains Article 1. General provisions. 2. Construction. 3. Maintenance. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Jurisdiction. Sec. 1. Jurisdiction. All sewers and drains in streets or public places shall be under the charge of the president of the borough in which the same are situated, who shall keep the same in good order and condition, and clean and free from obstructions. He shall cause such repairs to be made to sewers, drains and to the receiving basins, culverts and openings connected therewith, as may from time to time become necessary; provided that such sewer culverts shall be cleaned at night and not in the daytime. (C. O., 152.) ARTICLE 2 CONSTRUCTION Sec. 10. Construction generally. 11. Private constructions. 12. Fees for connections. 13. Constructors; license and bond. 14. Notice to public service corporations. 15. Water connections. Sec. 10. Construction generally. 1. Permit. No connection shall be made with any sewer or drain without a written permit therefor, issued by the borough president having jurisdiction. 2. Mode and materials of construction. Each borough president, within his jurisdiction, shall prescribe the mode of piercing or open- ing sewers or drains and the form, size and material of which con- nections therewith shall be composed, and shall have authority to grant permission to make lateral connections with said sewers. No person shall make any connection with, or opening into any sewer in a mode different from that prescribed therefor by the borough president, under the penalty of $50. (C. O., 153, 156.) 11. Private constructions. Within his jurisdiction, each borough president may issue permits to persons to construct, at their own expense, sewers or drains, or to lay pipes to connect with any sewers or drains built in any street, on being furnished with the written consent of the owners of a majority of the property upon the street SEWERS AND DRAINS 487 through which such sewer, drain or pipe is to pass; but such per- mission shall not be granted except upon the agreement, in writing, of the persons applying therefor, that they will comply with the provisions of chapter 23 of this ordinance, in relation to excavations in streets; that they will indemnify the city for any damages or costs to which it may be put, by reason of injuries resulting from neglect or carelessness in performing the work so permitted, and that no claim will be made by them or their successors in interest against the city, if the work so permitted shall be taken up by the authority of the board of aldermen, or for exemption from an assessment lawfully imposed for constructing sewers or drains in the vicinity of their property; and upon the further condition that the board at any time may revoke and annul such permission and direct such sewers, drains or pipes to be taken up or removed. (C. 0., 154, amend. Ord. May 6, 1913.) 12. Fees for connections. 1. Private. The fee to be paid to the respective borough presidents for a permit for each connection made either directly or indirectly, with any public sewer or drain, shall be as follows: In the borough of Manhattan, $10; In the borough of Brooklyn. $10; In the borough of Queens, $5; In the borough of The Bronx, $5; In the borough of Richmond, $5. No additional charge shall be made for the sewer connection to a building erected in place of one that has been removed, demolished or destroyed in whole or in part, or for extensions or alterations made to same, unless actually a new connection be required. (C. O., 158, amend. May 6, 1913.) Five dollars held to be a reasonable fee. City of Buffalo v. Stevenson, 145 App. Div. 117. 2. Public. All plumbing contractors performing work on any municipal or public building in the city shall be exempt from charge or fees for connecting into any public sewer in any street, except a nominal charge of $10 for each such municipal or public building owned by the city. (Ord. July 2, 1912.) 13. Constructors; license and bond. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, ccllar ; vault, yard or other premises, shall be made by per- sons to be licensed by the several borough presidents, in writing, to perform such work, who, before being so licensed, shall execute a bond to the city in the sum of $1,000, with one or more sureties to be approved by the borough president issuing such license, con- ditioned that they will carefully make all openings into any sewer or drain in the manner prescribed by the borough president having jurisdiction, without injuring the same; that they will leave no ob- structions of any description whatever in, and will properly close up the sewer or drain around the connection made by them and make no opening into the arch of any sewer or drain; that they will faithfully comply with the provisions of this ordinance relating to opening and excavating streets; be responsible for any damages or injuries that may accrue to persons, animals or property, by rea- bon of any opening in any street made by them or those in their 488 CODE OF ORDINANCES OP THE CITY OF NEW YORK employ, and that they will properly refill and ram the earth, and suitably restore the pavement, taken up for excavating, and re- pave the same, should it settle or become out of order within 6 months thereafter. In case any person so licensed shall neglect to re- pair the pavement aforesaidj within 24 hours after being notified, the borough president having jurisdiction may cause the same to be done and charge the expense thereof to such licensee. (C. O., 57.) 14. Notice to public service corporations. Whenever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, or whenever any such street shall be regulated or graded, the contractor therefor shall give notice, in writing, of the same to such corporations, or to the one whose pipes, mains or conduits are laid in the street about being disturbed by the con- struction, alteration, or repairing of such sewer, culvert, water mains or pipes, or by the regulating or grading thereof, at least 24 hours before breaking ground therefor. (C. O., 163.) 15. Water connections. All connections, with sewers or drains, used for the purpose of carrying off wastes from water-closets, kitchen sinks or otherwise, shall have facilities for a sufficiency of water to be properly discharged, so as to safely carry off such matters, under the penalty of $5 for each day the fixtures are permitted to remain without adequate means for such water supply. (C. O., 159, amend. May 6, 1913.) ARTICLE 3 MAINTENANCE Sec. 20. Obstructing substances. 21. Volatile inflammable liquids. 22. Steam and hot water. 23. Injury to sewers, basins and manholes. 24. Violations. Sec. 20. Obstructing substances. No person shall permit any substance to flow or pass into any sewer, drain or receiving basin, connecting with a public sewer, which may form a deposit tending to choke said sewer, drain or basin. (C. O., 158, amend. May 6, 1913.) 21. Volatile inflammable liquids. No connection with or opening into, or gutter leading into any sewer or drain, either public or private, shall be used for the conveyance or discharge, directly or indirectly, into said sewer or drain, of any volatile inflammable liquid, gas or vapor; it being noted that a volatile inflammable liquid is any liquid that will emit an inflammable vapor at a temperature below 160 degrees Fahrenheit. (C. O., 561 as amend, ord. app. Aug. 8, 1916.) 22. Steam and hot water. No connection with or opening into any sewer or drain shall be used for the conveyance or discharge into said sewer or drain of steam or hot water, above 100 degrees Fahrenheit, from any boiler or engine, or from any manufactory or building in which steam is either used or generated; nor shall any person discharge or permit steam to escape into any sewer or drain, SEWERS AND DRAINS 489 or into any public street, from any stopcock, valve or other opening in any steam pipe or main. The borough president having juris- diction of said sewer or drain is hereby authorized and directed, upon the expiration of 5 days after notice, to discontinue the dis- charge of steam or hot water from any connection, to cancel the permit for such connection, and to close up and remove the same, if the discharge of steam or hot water therefrom shall not have been discontinued. The penalty prescribed by 24 of this article shall be imposed upon and recovered from the owner and occupants, severally and respectively, of any manufactory or building, or any corporation violating any provision of this section. (C. O., 168.) " 23. Injury to sewers, basins and manholes. No person shall in- jure, break or remove any portion of any receiving basin, covering, flag, manhole, vent, or any part of any sewer or drain, or obstruct the mouth of any sewer or drain, nor shall any person place or deposit any substance exceeding one ton in weight upon any wharf or bulk- head through which any sewer or drain may run; nor upon or over any sewer or drain where the same shall be within 3 feet of the surface of the street. (C. O., 160.) 24. Violations. Any person who shall violate any provision of this chapter shall be liable for a penalty of $50, and may also be prosecuted criminally. Any person convicted of any violation of the provisions of this article shall be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (C. O., 160, 562.) 490 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 22 Street Cleaning Article 1. General provisions. 2. Refuse and rubbish. 3. Snow and ice. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Reimbursement for removal of rubbish or snow. Sec. 1. Reimbursement for removal of rubbish or snow. Whenever any owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground abutting upon any street or public place, where the sidewalk is paved, shall fail to comply with any of the provisions of this chapter for the removal of snow or ice, dirt or other material from the sidewalk and gutter on the side of the street on which said building or lot abuts, the commissioner of street clean- ing, or the borough president of Queens or Richmond, as the case may be, may cause such removal to be made, meeting such expense from any suitable street cleaning or highway fund. Thereafter, the expense of such removal as to each particular lot of ground shall be ascertained and certified by the commissioner of street cleaning, or the president of the borough of Queens or Richmond, to the comp- troller, and the board of estimate and apportionment may authorize such additional expenditures as may be required, for the removal of the snow or ice, dirt or other material, to be repaid to the fund from which the payments were made, or, instead, in the borough of Queens or Richmond, to the special fund for restoring and repaving in said boroughs, if the presidents thereof so elect, with proceeds from the issue and sale of revenue bonds, which shall be sold by the comptroller as provided by law. Adopted March 26, 1918. Approved April 4, 1918. ARTICLE 2 REFUSE AND RUBBISH Sec. 10. Throwing refuse into streets and vacant lots. 11, Interference with deposits of rubbish or refuse. 12. Fruit skins on sidewalks. 13. Droppings from vehicles. 14. Offensive matter. 15. Handbills, cards and circulars. 16. Sprinkling streets. 17. Protection of sewers. STREET CLEANING 491 Sec. 10. Throwing refuse into streets and vacant lot*. 1. Prohibited. No person or persons shall throw, cast or lay, or direct, suffer or per- mit any servant, agent or employee to throw, cast or lay any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles or rubbish of any kind whatsoever in or upon any vacant lot, lots or plot, except where ashes or dirt may be used for filling in purposes under a permit secured from the department or bureau having jurisdiction, or in any street, either upon the roadway or sidewalk thereof. Adopted March 20, 1917. Became effective April 3, 1917. 2. Sidewalk sweepings. In the boroughs of Manhattan, Brooklyn and The Bronx, dust from the sidewalks may be swept into the gutter in the morning before 8 o'clock, or before the sweeping of the roadway by the department of street cleaning, if there piled; but not otherwise, and at no other time. (C. O., 404, amend. Apr. 29, 1913.) 3. Interference with street-cleaners. No person shall prevent or interfere with any employee of the department of street cleaning in the sweeping or cleaning of any street, or in the removal therefrom of sweepings, ashes, garbage, rubbish, snow, ice or other refuse material. (Manh. Ord., 3.) 11. Interference ivith deposits of rubbish or refuse. No person, other than an authorized employee or agent of the department of street cleaning, or the bureau of street cleaning in the boroughs of Queens or Richmond, shall disturb or remove any ashes, garbage or light refuse or rubbish placed by householders, or their tenants, or by occupants or their servants, within the stoop or area line, or in front of houses or lots, for removal, unless requested by residents of such houses. (C. O., 405.) 12. Fruit-skins on sidewalks. 1. Prohibited. No person shall cast, throw or deposit on any sidewalk or crossing in any street or public place any part or portion of any fruit or vegetable or other substance, which, when stepped upon by anyone, is liable to cause, or does cause, him or her to slip or fall. (C. O., 271.) 2. Copy of section to be posted. The proprietor of every store, stand or other place where fruit or vegetable or other substance mentioned in subdivision 1 of this section are sold, shall keep constantly sus- pended therein or posted thereon, in some conspicuous place, a copy of this section printed in large type, so that persons purchasing any such fruit or vegetable or other substance may become aware of its provisions. (C. O., 272.) 13. Droppings from vehicles. No one being the owner, driver, manager or conductor of any cart or other vehicle, or of any recep- tacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building rubbish, or hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off there- from by the wind, in or upon any street or public place . (C . O . , 407 . ) 14. Offensive matter. No person shall allow any swill, brine, urine of animals or other offensive animal matter, nor any stinking, noxious liquid or other filthy matter of any kind, to run or fall in 492 CODE OF ORDINANCES OF THE CITY OF NEW YORK or upon any street or public place, or be taken or put therein. (San- itary Code, 102.) 15. Handbills, cards and circulars. No person shall throw, cast or distribute, or cause to be thrown, cast or distributed, any hand- bill, circular, card or other advertising matter whatsoever, in or upon any street or public place, or in a front yard or court yard, or on any stoop, or in the vestibule or any hall of any building, or in a letterbox therein; provided that nothing herein contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the postal service. (C. O., 408, amend. July 7, 1914.) 16. Sprinkling streets. All persons engaged in sprinkling the streets shall be required to contract with the commissioner of water supply, gas and electricity for the purchase and sale of the water necessary therefor, and to obtain the approval of the president of the borough to such contract, but in no case shall more water be con- tracted for or used than shall be sufficient throughly to lay the dust on such streets. Every street railroad corporation in the boroughs of Richmond and Queens shall sprinkle the pavement between its tracks and rails when and as often as directed by the superintendent of highways. Water shall be furnished for this purpose free of charge by the city. (C. O., 405.) 17. Protection of sewers. Every person, when cleaning any street, shall clean, and every contractor shall caused to be cleaned, the gutters and parts of the street along which the water will run, before using any water to wash the same; and no substance that could have been scraped away shall be washed or allowed to be car- ried or be put into the sewer, or into any receptacle therewith con- nected. (San. Code, 39, C. O., 162.) ARTICLE 3 SNOW AND ICE Sec. 20. Removal from roadways and crosswalks. 21. Property owners' duties. 22. Street railroad companies; responsibilities of. 23. Salting tracks. 24. Dumping. This is the so-called "snow and ice" ordinance. Section 690, R. O. 1897, re- quired the removal to be within eight hours. Section 317 of ch. 8, R. O. 1880, only allowed four hours. The ordinance has been frequently amended, May 16, 1882; July 9, 1888, and March 18, 1902. The city is authorized to pass such a law as a police regulation, section 43, Greater New York Charter, and when within the power delegated to it by the legislature such an ordinance has equal force and effect as a statute of the legislature. Village of Carthage v. Frederick, 122 N. Y. 268. Although a sidewalk be not flagged in its entire width, an owner must clean off the flagged portions. City of N. Y. v. Brown, 27 Misc. 218. City not liable for failure to clear sidewalk immediately of ice, may wait reasonable time for abutting owner to do so and weather to moderate. Cuff v. City of Elmira, 126 App. Div. 539. City's liability discussed. Winckler v. City of N. Y., 129 App. Div. 45. No attempt is made here to collate cases in which similar ordinances are applied as these are very numerous and to be found in works on Negligence and Municipal Corporations. Sec. 20. Removal from roadways and crosswalks. The commis- sioner of street cleaning and the borough presidents of Queens and Richmond, immediately after every snowfall or the formation of ice STREET CLEANING 493 on the crosswalks or in culverts, paved streets or public places, shall forthwith cause the removal of the same, and shall keep all crosswalks and culverts clean and free from obstruction. (C. O., 415.) 21. Property owners' duties. 1. Must dear sidewalks. Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street or public place, where the sidewalk is paved, shall, within 4 hours after the snow ceases to fall, or after the deposit of any dirt or other material upon said sidewalk, remove the snow or ice, dirt or other material from the sidewalk and gutter, in the time between 9 p. m. and 7 a.m. not being included in the above period of 4 hours; pro- vided, however, that such removal shall in all cases be made before the removal of snow or ice from the roadway by the commissioner of street cleaning, or by the borough president of Queens or Richmond, or subject to the regulations of said commissioner of street cleaning or of said borough president of Queens or Richmond, for the removal of snow or ice, dirt or other material; except that in the boroughs of Queens and Richmond any owner, lessee, tenant or occupant or other persons who has charge of any ground abutting upon any paved street or public place, for a linear distance of 500 feet or more, shall be considered to have complied with this section, if such person shall have begun to remove the snow or ice from the sidewalk and gutter before the expiration of the said 4 hours, and shall continue and complete such removal within a reasonable time. Whenever any owner, lessee, tenant, occupant or other person having charge of any building or lot of ground, abutting upon any street or public place where the sidewalk is paved, shall fail to comply with the provisions of any ordinance of the city for the removal of snow or ice, dirt, or other material from the sidewalk and gutter in the street, on the side of the street on which such building or vacant lot abuts, the commissioner of street cleaning or borough president of Queens and Richmond, as the case may be, may cause such re- moval to be made, meeting the expense thereof from any suitable street cleaning or highway fund, and thereafter the expense of such removal, as to each particular lot of ground, shall be ascertained and certified by the said commissioner of street cleaning or the bor- ough president of Queens and Richmond to the comptroller, and the board of estimate and apportionment may authorize such additional expenditures as may be required, for the said removal of such snow of ice, dirt, or other material, to be repaid to the fund from which the payments were made, with proceeds from the issue and sale of revenue bonds, which shall be sold by the comptroller as provided by law. The said commissioner of street cleaning or the borough president of Queens or Richmond, as the case may be, shall as soon as possible after such work is done, certify to the corporation counsel the amount of the expense chargeable against each piece of property. The cor- poration counsel is hereby directed and authorized to sue for and recover the amount of this expense, and, when so recovered, the amount shall be turned over to the city chamberlain, to be deposited to the credit of the general fund of the City of New York for the reduction of taxation. Any person violating any provision or regulation hereof shall, upon conviction thereof by any city magistrate, be fined for such 494 CODE OF ORDINANCES OF THE CITY OF NEW YORK offense not less than One Dollar ($1) and not more than Three Dol- lars ($3) and in default of payment thereof may be imprisoned for a period of one day. Adopted November 26, 1918. Approved April 4, 1918. 2. May use ashes, etc. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed, without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid, may, within the time specified in the preceding subdivision, cause the side- walk abutting on the said premises to be strewn with ashes, sand, sawdust, or some similar suitable material, and shall, as soon there- after as the weather shall permit, throoughly clean said sidewalks. (C. O, 410.) 22. Street railroad companies; responsibilities of. 1. Co-operation in snow-removal. Every street railroad corporation shall remove all the snow and ice from its tracks and the spaces between, and shall not throw the same on either side thereof, but shall immediately carry away and dispose of the same under the direction of the com- missioner of street cleaning, or the borough president of Queens or Richmond, under a penalty of $100 for every city block in length in which the said corporation shall fail to so remove and dispose of such snow and ice, as aforesaid; provided, however, that, for the more speedy and effective removal of snow and ice from the paved streets and public places of the city, the commissioner of street cleaning and the borough presidents of Queens and Richmond shall have power and authority, in their respective jurisdictions, to enter into agree- ments for the entire winter season, or part thereof, with any street surface railroad or other railroad having tracks in the city, for the removal of snow and ice for the entire width of the street or public place, from house-line to house-line, at any part of the route of the said railroad, but nothing in any such agreement shall be inconsist- ent with any law of the State of New York or with any right of the city. (C. O. ; 416.) 2. Use of snow plows and rotary sweepers. No surface railroad company or other company, or any corporation or person whatever, or the officers, agents or servants thereof, shall cause or allow any snow plow, sweeping machine or other similar instrument to pass over the tracks or lines used by them within the limits of tlfe city, unless by the written permit of the commissioner of street cleaning or the borough president of Queens or Richmond; any violation of this provision shall be punished by a penalty not exceeding $100 for each such offense. No such permit or renewal thereof shall be granted except upon the condition and agreement, upon the part of the company applying for such permit or renewal, that the party to whom the same has been granted shall and will, at its own expense, promptly remove and carry away the snow thrown up by such plow or machine, and that such snow plow, sweeping machine or other instrument shall be so constructed as not to throw any slush or snow upon sidewalks or buildings, under a penalty of $10 for every house, or sidewalk in front thereof, upon which slush or snow shall be thrown. No such permit or renewal shall be granted unless the party to whom granted shall expressly covenant, stipulate and agree that, in case of its failure, neglect or omission to remove STREET CLEANING 495 promptly and carry away the snow and ice thrown up by such snow plow or other instrument, then the same may be removed under the direction of the commissioner of street cleaning or the borough president of Queens or Richmond, and the expense of removing the same shall be paid by the party to the commissioner or the borough president, on demand. The board of estimate may au- thorize that the amount or amounts of money so paid shall be credited to the appropriation, in the respective boroughs, for the removal of snow and ice; but nothing herein contained shall be deemed to prohibit the commissioner or a borough president from demanding, before issuing said permit and as a condition thereof, the deposit of such sum of money or other security as in his judgment may be necessary to pay the cost of properly performing the work above mentioned, together with the expense of the inspection thereof. In case of -neglect or refusal or omission of the party to whom such permit may be granted promptly to remove and to carry away the snow and ice thrown up by such plow or other instrument, then the commissioner of street cleaning, or the borough president of Queens or Richmond may forthwith cause the same to be removed at the public expense, and all expenditures made or incurred therefor shall be chargeable upon the party so neglecting, refusing or omitting to perform his agreement, and shall be recoverable by an action at law on behalf of the city, and when so recovered shall be placed to the credit of the department of street cleaning or the bureau of street cleaning in the boroughs of Queens or Richmond, as the case may be, to supply the deficiency occasioned by such additional expenditure. (C. O., 417, as amend. Aug. 8, 1916.) 3. Obstructing tracks. No person shall throw, place or pile, or assist others in throwing, placing or piling any snow, ice or other impediment or obstruction to the running of cars upon the tracks of any railroad company, or in the space between the rails thereof, or in the space between the tracks and a line distant 3 feet outside of such rails. (C. O., 412.) 23. Salting tracks. No person shall throw, expose or place, or cause or procure to be thrown, exposed or placed in or upon any street or public place, except upon the curves, crossings or switches of railroad tracks, any salt, saltpetre or other substance for the purpose of dissolving any snow or ice which may have fallen or been deposited thereon; nor shall any person throw or place upon the curves, crossings or switches of railroad tracks any salt, saltpetre or other substance for the purpose of dissolving snow or ice, unless permission therefor be first obtained from the Borough President having jurisdiction. Nothing herein contained shall be construed to prohibit or interfere with any properly conducted tests or ex- periments by the Department of Street Cleaning, between January 1st, 1917, and April 1st, 1917. Adopted February 13, 1917. Approved February 21, 1917. 24. Dumping. All contractors and other persons, no matter how termed, are hereby forbidden, restrained and are never to be permitted to dump, throw, empty, convey or cause to be conveyed, for the purpose of dumping, any snow, ice or water in a vacant lot or tract of land, if such lot or tract of land shall be within a radius of 300 feet of a dwelling, factory, school, public building or any place of business. (C. O., 411.) 496 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 23 Streets Article 1. General provisions. 2. Advertisements, placards and posters. 3. Assemblies. 4. Auctions and other sales. 5. Awnings. 6. Boundaries and monuments. 7. Construction and repair. 8. Disturbance of surface. 9. Excavation. 10. House numbering. 11. Lights. 12. Noises. 13. Obstructions and encumbrances. 14. Projections and encroachments. 15. Sidewalks. 16. Signs and show-bills. 17. Vaults and cisterns. 18. Miscellaneous. 19. Laying and installation of pipes, mains or conduits. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Temporary closing of streets. 2. Unsafe conditions; notice. 3. Barriers, guards and lights. 4. Liability for damage. 5. Violations. Sec. 1. Temporary closing of street. Each borough president is empowered to close temporarily to traffic any street, or a portion thereof, within his jurisdiction when, in his judgment, travel in the same is deemed to be dangerous to life, in consequence of there being carried on in said street, building operations, repairs to street pavements, sewer connections, or blasting for the purpose of re- moving rock from abutting property. (C. O., 100.) 2. Unsafe conditions; notice. Whenever any person shall have authority, under any contract with the city or any officer thereof, or under any permit, to remove the pavement from or to excavate, occupy or use any part of a public street, so as to obstruct travel therein, he shall erect, or cause to be erected, suitable notices of the obstruction in conspicuous positions, at all points of intersection of such street with the cross-streets nearest to the obstruction, which notice shall be in the form prescribed by the borough president hav ing jurisdiction. (C. O., 142.) STREETS 497 3. Barriers, guards and lights. 1. Barriers and guards. Every person engaged in digging down or paving any street, or building therein any sewer, drain or trench for any purpose, under contract with the city or by virtue of any permit that may have been granted by any department, board or officer of the city, shall erect such a fence or railing about the excavation or work as shall prevent danger to persons traveling the street, while the work is left exposed and would be dangerous, and any such railing or fence shall be continued and maintained until the work shall be completed or the obstruction or danger removed. (C. O., 142, 209.) 2. Extent of enclosure. The extent to which such railing or fence shall be built in the several cases is hereby defined as follows, to wit: (a) In digging down any street or road, by placing the barrier along the upper bank of such excavation, or by extending the fence as far across the street as may be necessary to prevent persons from traveling on such portion as would be dangerous; (b) In paving any street, by extending such railing or fence across the carriageway of such street, or, if but a portion of the width of such carriageway be obstructed, across such portion, in which case the obstruction shall be so arranged as to leave a passageway through, as nearly as may be, of uniform width; (c) In building a sewer, by placing the barrier across the carriage- way at the ends of such excavation as shall be made; (d) In building vaults, by inclosing the excavation and the ground taken therefrom. (C. O., 211.) 3. Lights. At twilight, there shall be placed upon each such rail- ing or fence, and upon building materials, posts, poles, pipes or other obstructions in any street or public place, suitable and sufficient lights, which shall be kept burning through the night during the existence of the obstruction. (C. O., 209.) 4. Disturbance, prohibited. No person shall throw down, displace or remove any barrier, guard or railing, or extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the borough president having jurisdiction of the street hi which any obstruction is placed, or without the con- sent of the person superintending the work or materials protected thereby. (C. O., 140.) 5. Restriction. Nothing contained in this section shall be con- strued to authorize any person to stop up or obstruct more than the space of one continuous block and one intersection, at the same time, in any one street, or to keep the same so stopped up for more than 2 days after the roadway is finished, unless by special permit of the borough president. (C. O., 141.) 6. Application of section. The provisions of this section shall apply to every person engaged in building any vault, or constructing any lateral drain to any public sewer, or who shall do or perform any work causing obstructions in a public street, by virtue of any permit from any department, board or officer of the city, and also to all persons engaged in performing any work in behalf of the city, whereby obstructions or excavations shall be made in public streets. (C. O., 210.) 7. Enforcement of section. The borough president having juris- diction of any work referred to in this section shall see to it that 498 CODE OF ORDINANCES OF THE CITY OF NEW YORK all the foregoing requirements are complied with, and he shall make immediate complaint to the corporation counsel of any violation thereof, under the penalty of $50 for each and every neglect. (C. O., 213, 214.) 4. Liability for damage. In all cases where any person shall perform any of the work mentioned in the preceding section, either under contract with the city or by virtue of permission obtained from any department, board or officer of the city, such persons shall be answerable for any damage which may be occasioned to persons, animals or property by reason of carelessness in any manner connected with the work. 5. Violations. Any person violating any provision of this article shall, upon conviction therefor, be punished by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both such fine and imprisonment. (C. O., 209, in part.) ARTICLE 2 ADVERTISEMENTS, PLACARDS AND POSTERS Sec. 10. Posting. 11. Protection of city advertisements. 12. (Repealed Aug. 8, 1915.) Sec. 10. Posting. No person shall paste, post, paint, print, or nail upon any curb, gutter, flagstone, tree, lamppost, awning post, horse post, telegraph pole, barrel, box or hydrant, in any street or public place, any handbill, poster, notice, sign or advertisement. (C. O., 548.) 11. Protection of city advertisements. No person shall tear down, deface or destroy any notice, handbill or poster, put up or posted by or under the direction of the board of aldermen, or by or under the direction of any other city department, bureau, board or officer. (Arverne Ords., 18.) 12. Theatrical billboards, Brooklyn. (Repealed Aug. 8, 1916.) ARTICLE 3 ASSEMBLIES Sec. 20. Public worship. 21. Interference with street services. 22. Street shows. 23. Loafers and loungers. 24. Public assemblies; display of flags. Sec. 20. Public worship. No person shall be concerned or in- strumental in collecting or promoting any assemblage of persons for public worship or exhortation, or under any pretense therefor, in any park, street, or other public place; provided, that a clergy- man or minister of any denomination, or any person responsible STREETS 499 to or regularly associated with any church or incorporated mission- ary society, or any lay-preacher, or lay-reader may conduct religious services in any public place or places specified in a permit therefor which may be granted and issued by the police commissioner. This section shall not be construed to prevent any congregation of the Baptist denomination from assembling in a proper place for the purpose of performing the rites of baptism, according to the cere- monies of that church. (C. O., 494, 497, 498.) Salvation Army meeting not a nuisance. People v. City of Rochester, 44 Hun, 166. 21. Interference with street services. No person shall disturb, n olcst or interrupt any clergyman, minister, missionary, lay- preacher or lay-reader who shall be conducting religious services by authority of a permit, issued as prescribed by this article, or any minister or people who shall be performing the rite of baptism as per- mitted by the preceding section, nor shall any person commit any riot or disorder in any such assembly. (C. O., 499.) 22. Street shows. No person shall, from any window or open space of any house, exhibit to the public upon the street, or the side- walk thereof, any performance of puppet or other figures, ballet or other dancing, comedy, farce, show with moving figures, play or other entertainment. (C. O., 40, revised.) 23. Loafers and loungers. No person shall encumber or obstruct any street or other public place by loafing or lounging in or about the same, to the annoyance of passers-by. (Brookl. Ords., 23.) 24. Public assemblies; display of flags. All assemblies, war- ranted by law, held in any of the streets of the City, where public discussions are held, shall have the American flag conspicuously dis- played at all times during the holding of such assemblies. No red or black flag, and no banner, ensign or sign having upon it any inscription opposed to organized government, or which is sacri- legious, or which may be derogatory to public morals, shall be dis- played at any such assembly, or in any public place, or carried through the streets of the city in any procession or parade. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100), or by imprisonment for not exceeding ten days, or by both such fine and imprisonment. Adopted November 26, 1918. Approved December 6, 1918. ARTICLE 4 AUCTIONS AND OTHER SALES Sec. 30. Auctions. 31. Vending and selling of salted meat, fish, etc. Sec. 30. Auctions. 1. Restrictions. No auctioneer, nor his agent, employee or servant shall (a) Sell or expose for sale, at public auction or vendue, any dry- goods, clothing, hardware, household furniture, woodenware or tinware, by retail or in small parcels or pieces, in any street or pub- >y rets d o., lie place (C. O., 538); 500 CODE OF ORDINANCES OP THE CITY OP NEW YORK (b) Sell or expose for sale at public auction any goods, wares, merchandise or other things whatsoever to any person or persons who, at the time of bidding for or while examining the same, shall be on the sidewalk or carriageway of any street; (c) Sell at auction or expose for sale or lay or place any goods, wares, merchandise or other thing in any street or public place, unless such person shall first obtain the consent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale. (C. O., 534.) 2. Attracting purchasers. No bellman or crier, nor any drum, fife, or other instrument of music, or any show-signal or means of attracting the attention of purchasers, other than a sign or flag, shall be employed, or suffered or permitted to be used at or near any place of sale, auction room, residence of an auctioneer, nor at or near any auction whatsoever. (C. O., 537.) 3. Removal of goods. Every article exposed for sale at public auction, or sold in any street or public place, shall be removed from the same by the setting of the sun of the day of selling or exposing for sale. (C. O., 536.) Valid. City of Buffalo v. Marion, 13 Misc. 639. 31. Vending and selling salted meat and fish, etc. No person shall sell, expose for sale, lay or place in any street or public place, at any time between June 1st and November 1st in any year, any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool. (C. O., 535.) ARTICLE 5 AWNINGS Sec. 40. Permanent awnings. 41. Construction of permanent awnings. 42. Drop awnings. 43. Temporary awnings. 44. Violations. Sec. 40. Permanent awnings. (Repealed by ord. effective Dec. 28, 1915.) Awnings in the city streets have been the subject of several adjudications. By section 50 of the Greater New York Charter (L. 1901, chap. 466) the Board of Aldermen is given power to "regulate the use of the streets for . . . awnings, awning-posts," etc. While the Charter says there shall be no "permanent obstruc tions" in the streets, this has been held not to apply to awnings where authorized expressly, and the public authorities will be restrained from tearing down an awn- ing built in conformity with the ordinances. Hoey . Gilroy, 129 N. Y. 132. Even though an awning may have stood longer than twenty years, if not erected in ac- cordance with the law, the municipal authorities may remove it. Simis y. Brook field, 13 Misc. 569. For such an one is a nuisance which the public authorities have no power to permit. Farrell v. New York, 20 St. Rep. 12, aff 'd 22 St. Rep. 409. The public sidewalks are held in trust for the use of the public and awnings tor private parties cannot be permitted thereon where they unreasonably create a nuisance (1873). Trenor v. Jackson, 15 Abb. Pr. N. S. 115. An awning, although erected under a permit from the municipal authorities, must not interfere with the adjacent owner in his reasonable enjoyment of his property. Lavery v. Hanigan, 52 Super. Ct. (20 J. & S.) 463. See cases cited under 140. STREETS 501 41. Construction of permanent awnings. (Repealed by ord. ef- fective Dec. 28, 1915.) 42. Drop awnings. Drop awnings, without vertical supports, are permitted within stoop-lines, but shall in no case extend beyond 6 feet from the house-line, and shall be at least 6 feet in the clear above the sidewalk. (C. O., 263, in part.) 43. Temporary awnings. Awnings without side coverings may be from time to time erected and maintained across the side- walk of any street for temporary use as a protection during inclement weather only; provided, however, that such awning shall be made of canvas or cloth and shall be supported by upright posts of iron not exceeding 2 inches in diameter and n'ot less than 8 nor more than 10 feet in height above the sidewalk and shall not be wider than the entrance of the building in connection with which it is to be used. Awnings with side coverings may be erected for a limited time upon issuance of a special permit from the borough president having jurisdiction. (Amend. May 11, 1915.) 44. Violations. No person shall violate any provision of this article, or refuse or neglect to comply with any order of a borough president made thereunder, under the penalty of $10 for each offense. No such violation shall be continued after notice to the perpetrator thereof under penalty of $10 for each day the same shall be con- tinued. (C. O., 379, revised.) ARTICLE 6 BOUNDARIES AND MONUMENTS Sec. 50. Excavations or embankments near landmarks. 51. Removal or covering up of landmarks. 52. Violations. Sec. 50. Excavations or embankments near landmarks. No excava- tion or embankment shall be made, nor shall any pavement or flagging be laid or moved by any person, within 3 feet of any mon- ument or bolt, which has been set, by proper authority or designated on any official map, as a landmark to denote street lines within the city, unless a permit therefor has been obtained from the president of the borough in which the monument or bolt is situated. Applica- tions for such permits shall be in writing, and shall set forth the nature of the work proposed, and the location of all monuments or other landmarks affected thereby. Thereupon, the borough president shall cause one of the city surveyors or an engineer in his department to take such measurements and field notes as may be necessary to restore such monuments or bolts to their correct position, after the completion of the contemplated work, and, when such measurements and field notes have been taken, but not before, the required permit shall be issued. (C. O., 109, 110, amend. Feb. 9, 1915.) Each borough president shall cause a covenant to be incorporated in all contracts hereafter made by him for constructing, regulating or repairing any street, requiring the contractor to obtain the permit above required and to take such other precautions for the care and 502 CODE OF ORDINANCES OP THE CITY OP NEW YORK preservation of monuments, bolts and other landmarks as the bor- ough president may direct. (C. O., 108.) 51. Removal or covering up of landmarks, No person or persons shall remove or cover up a monument or bolt for designating any street, without giving 3 days' notice in writing of his intention so to do to the president of the borough in which the monument or bolt is situated. Upon receiving such a notice, the borough president shall cause one of the city surveyors, or an engineer in his department, to take the necessary measures to raise or lower such monument or bolt to the proper grade of the street and, when necessary, to cause such alteration to be noted on records to be kept in his office for that purpose. Whenever a borough president shall ascertain that anv monument or bolt has been removed, without such notice, he shall forthwith cause the same to be placed in its proper position, and shall note the same on the records in the manner before stated. The expenses attending such replacement shall be paid by the comptroller, on the certificate of the borough president causing the work to be done. (C. O., 106, 107, 111, 112, as amend. Feb. 9, 1915.) 52. Violations. Any person who shall make any excavation or embankment, or lay or take up any pavement or flagging within 3 feet of any monument, bolt or other landmark, without having first obtained a permit to perform such work, or who shall in any way remove or deface any monument, bolt or other landmark, shall be punished for each offense by a fine of $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (C. O., .113, revised.) ARTICLE 7 CONSTRUCTION AND REPAIR Sec. 60. Paving, generally. 61. Paving by abutting owners. 62. Curbing. 63. Gutter-stones. 64. Width of streets in Brooklyn. 65. Removal of debris. Sec. 60. Paving, generally. All streets of 22 feet in width and upward, and, when required to be paved by competent authority, all other streets or alleys of less width shall be paved and arched in full accordance with standard specifications for such work, \yhich shall be prescribed by the borough president having jurisdiction and kept on file in his office. (C. O., 132, 135, as amend. Feb. 9, 1915.) 61. Paving by abutting owners. Any citizen or number of citizens shall be allowed to pave the street opposite to his or their property, where the same shall extend from the intersection of one cross street to the intersection of another; provided the same be done in conformity to the regulations of the president of the borough in which such street is located and subject to such conditions as he may impose. (C. O., 134.) 62. Curbing. All curbing for the support of sidewalks hereafter STREETS 503 to be laid shall be of the material or materials, dimensions and con- struction required in standard specifications for such work, which shall be prescribed by the borough president having jurisdiction, and kept on file in his office. (New.) 63. Gutter-stones. 1. Laying. All gutter-stones hereafter laid shall be of the best hard blue stone or granite, at least 30 inches in length, 14 inches in width, and 6 inches thick, and shall be cut to a fair and level surface without windings, with true and parallel sides, and the ends square so as to form tight and close joints; under the penalty of $10, to be sued for and recovered from the person or persons laying the same and the owner or owners of the lot fronting on the sidewalk or street, severally and respectively. (C. O., 125.) 2. Regulating. If any street, when paved, shall not exactly range, the gutter or outside of the footpath or sidewalk, shall be laid out and made as nearly in a straight line as the street will permit; the ascent and descent of the same shall be regulated by the president of the borough in which the same is located, and a profile thereof, with the regulations distinctly marked therein, shall be deposited and kept in the office of the borough president regulating the same. (C. O., 126.) 64. Width of streets in Brooklyn. The widths of the roadways and the sidewalks of the streets in the Twenty-ninth and Thirty- second wards of the borough of Brooklyn are hereby fixed at the dimensions prescribed by the ordinances of the former city of Brook- lyn, instead of the dimensions indicated upon the title pages of the maps of the former towns of Flatbush, New Utrecht, Gravesend and Flatlands, except in the case of the following named streets and avenues, where the width of roadways and sidewalks shall remain as shown upon the above mentioned town survey maps and where the streets have already been paved, namely: Thirteenth avenue, within the limits of the Twenty-ninth ward; Sixteenth avenue, within the limits of the Twenty-ninth ward; Malbone street, within the limits of the Twenty-ninth ward; East New York avenue, within the limits of the Twenty-ninth ward; Church avenue, for its entire length; Tilden avenue (formerly Vernon avenue), between Flatbush avenue and Holy Cross cemetery; Cortelyou road, for its entire length; Clarendon road, for its entire length; Avenue E (or Ditmas avenue), between Coney Island avenue and West avenue and between Remsen avenue and Rockaway avenue; Avenue F, between Rogers avenue and Ocean avenue; Flatlands avenue, within the limits of the Thirty-second ward; Rogers avenue, from Malbone street to Flatbush avenue; New York avenue, from Malbone street to Church avenue; Albany avenue, from Malbone street to its southerly end; Utica avenue, from East New York avenue to Flatbush avenue; Ralph avenue, from Remsen avenue to Avenue T; Remsen avenue, for its entire length; East Ninety-second street, for its entire length; Rockaway parkway, for its entire length; 504 CODE OF ORDINANCES OF THE CITY OF NEW YORK Avenue T, between Ralph avenue and Flatbush avenue; Flatbush avenue, between Malbone street and Jamaica bay; Nostrand avenue, from Malbone street to the boundary line between Thirty-first and Thirty-second wards; Coney Island avenue, within the limits of the Twenty-ninth ward; Brooklyn avenue, from Church avenue to Avenue C; East Ninety-third street, from Avenue N to Jamaica bay; East Ninety-eighth street, for its entire length; Avenue N from Remsen avenue to East Ninety-third street, and from Flatbush avenue to Avenue U; Avenue U, from Avenue N to Jamaica bay; Linden avenue, from East Ninety-second street to Rockaway parkway; Avenue A, within the limits of the Thirty-second ward. (Brookl. Ords., 14.) 65. Removal of debris. Any person, other than the commissioner of water supply, gas and electricity, who may hereafter pave, or cause to be paved any street, shall have the sand, dirt or rubbish cleaned off such street and every part thereof, within 12 days after the pavement shall have been completed, under a penalty of $25 for each violation of this provision; and in addition thereto, the president of the borough in which the work has been done shall cause the debris thereof to be removed at the expense of the party neglect- ing or refusing so to do, who shall be liable in an appropriate action at law for the recovery of the amount expended by the city. This section shall be so construed as to apply to the removal of all sand, dirt or rubbish collected in any part of any and all streets covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof; and no account for paving, in pursuance of this section, shall be accepted as completed unless the city official making the contract shall certify that this section has been fully complied with. (C. O., 136, 137.) ARTICLE 8 DISTURBANCE OF SURFACE Sec. 80. General provisions. 81. Prevention of disturbances of street surface. 82. Violations. Sec. 80. General provisions. No person, without being previously authorized by a permit of the president of the borough, haying jurisdiction, shall fill in or raise, or cause to be filled in or raised, any street or public place, or any part of such street or public place, or take up, remove, or carry away, or cause to be taken up, removed or carried away, any asphalt or asphalt blocks, flagstones, turf, stone, gravel, sand, clay or earth from any such street or public place. (Port Richmond Ords., 3, made general.) 81. Prevention of disturbance of street surface. Whenever any persons shall attempt to take up the pavement of any street or re- move any part of the paving thereof, without a permit, the borough STREETS 505 president having jurisdiction shall take immediate steps to prevent such disturbance of the surface of the street, and shall forthwith restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal as aforesaid, at the expense of the party removing the same, to be re- covered as penalties are recovered. (C. O., 147.) A fee of $5.00 for permit to open pavement is a valid exercise of police power. Buffalo v. Stevenson, 207 N. Y. 258. 82. Violations. Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (New Brighton Ords., 6.) ARTICLE 9 EXCAVATIONS Sec. 90. Permit required. 91. Deposits to cover cost of restoration of pavement. 92. Restrictions; borough of Richmond. 93. Workmen on excavations. 94. Excavations for public works. 95. Excavations for private purposes. 96. Replacement of pavement. 97. Fees; borough of Richmond. 98. Enforcement of article. Sec. 90. Permit required. No water company, gas company, telephone or electric light company, nor any person or association of persons shall be allowed to dig up any street or public place, for any purpose, without a written permit from the president of the borough in which the work is to be done. (C. O., 148, revised.) 91. Deposits to cover cost of restoration of pavement. 1. When required. Each borough president, whenever granting a permit for any excavation, opening or disturbance of the pavement of the carriageway of any street or sidewalk thereof, for any purpose whatever, except in cases where such opening, excavation or dis- turbance shall be directly authorized by law, shall require, of the person by whom or for whose benefit any excavation or opening is to be made, a deposit of such sum as shall be deemed sufficient to cover and pay all the expenses on the part of the department granting the permit, as the case may be, for furnishing such material, doing such work, and taking such means as shall be required to properly restore and secure against sinkage the street and sidewalk, pavement, curb and flagging necessary to be replaced in consequence of making such excavation, opening or disturbance; which deposit shall be a full discharge of all liability and claim against the person making such deposit and payment for the work herein provided for and required of the department aforesaid. (C. O., 148.) 2. Deposits go to chamberlain. All moneys received as deposits under the preceding subdivision shall be turned over to the chamber- lain, who shall keep an account of the same, which shall be separate and distinct from all other funds and accounts whatsoever, and 506 CODE OF ORDINANCES OF THE CITY OF NEW YORK such deposits shall constitute a "Special Fund," in respect to each department separately, which is hereby created and established subject to such payments as hereinafter provided for. (C. O., 149.) 3. Disbursements from deposits. Such sums as shall be certified by the borough presidents to have been necessarily expended by them for any repaving done, pursuant to this article, shall be paid from the appropriate " Special Fund," upon the requisition of the borough presidents, as the case may be, after examination, audit and allowance of accounts by the finance department, in the same manner that payments are or shall be required by law to be made from the city treasury; provided that the amount so certified and paid shall not exceed the aggregate amount of such " Special Fund." (C. O., 151.) 92. Restrictions; borough of Richmond. The following shall apply to all excavations made in streets in the borough of Richmond: 1. Extent of opening. At the intersection of cross streets, not more than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. (Richmond Ords., 8.) 2. Hydrants and mail boxes. All work shall be so prosecuted as not to interfere with easy access to fire hydrants and United States mail boxes. (Id., 9.) 3. Snow removal. The person or corporation to whom a permit for street opening is granted must remove, within 24 hours, all snow and ice that may fall or form upon the street within 5 feet upon either side of the opening and keep the space free from snow and ice until the opening is properly refilled. (Id., 21.) 4. Tunnelling. Tunnelling under crosswalks and railroad tracks shall not be allowed at any time. The bridge stones forming cross- walks must be removed and placed out of the way of street traffic, being carefully relaid and thoroughly bedded when the work is com- pleted. (Id., 7.) 93. Workmen on excavations. A person to whom consent may be granted, or a permit issued to use or open a street, shall be re- quired, before such consent or permit may be granted or issued, to agree that none but competent men, skilled in the work required of them, shall be employed thereon, and that the prevailing scale of union wages shall be paid to those so employed. No consent shall be granted or permission given until such agreement shall have been entered into, with the department having jurisdiction over the street to be so used or opened, and all such permits hereafter issued shall include therein a copy of this provision. (C. O., 113a.) 94. Excavations for public works. 1. Notice to public service corporations. Whenever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, or whenever any such street shall be regulated or graded, the contractor therefor shall give notice thereof in writing to the said corporations, or to the one whose pipes, mains or conduits are laid in the street about to be so disturbed, regulated or graded, at least 24 hours before break- ing ground therefor. This provision shall be included in every con- tract hereafter made for constructing, altering or repairing any sewer STREETS 507 or culvert, water main or pipe, in any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract, or for regulating or grading any such street. (C. O., 163, 165.) 2. Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disturbed by the constructing, altering or repairing of any sewer, culvert, water main or pipe, or by the regulating or grading of any street, shall, on the receipt of the notice provided for in the preced- ing subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected there- with or attached thereto, where necessary, under the direction of the borough president. (C. O., 164, as amend. Feb. 9, 1915.) 95. Excavations for private purposes. 1. Notice to public service corporations. The person by whom or for whose benefit any excava- tion is to be made in any street, shall give notice, in writing thereof, to any corporation whose pipes, mains or conduits are laid in the street about to be disturbed by such excavation, at least 24 hours before commencing the same; and shall, at his expense ? sustain, secure and protect such pipes, mains or conduits from injury, and replace and pack the earth wherever the same shall have been re- moved, loosened or disturbed, under or around them, so that they shall be well and substantially supported. If any such person shall fail to sustain, secure and protect said pipes, mains or conduits from injury, or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong, and the cost thereof, and all damages sustained by said corporation thereby, shall be paid by said person, and, in default thereof, such corporation may main- tain an action against him therefor. (C. O., 166.) 2. Permits conditioned upon such notice. The provisions of the preceding subdivision shall be made part and a condition of every permit that shall be granted to any person for making any excavation in any street in which the pipes, mains or conduits of any public service corporation shall be laid at the time of granting said permits; provided such corporations or any of them shall secure such permits, or pay a just proportion of the fees therefor. (C. O., 167, as amend. Feb. 9, 1915.) 96. Replacement of pavement. 1. Geiieral provisions. Whenever any pavement, sidewalk, curb or gutter in any street or public place shall be taken up, the borough president having jurisdiction shall restore such pavement, sidewalk, curb or gutter to its proper condi- tion as soon thereafter as is practicable, requiring the person or persons by whom or for whose benefit the same is removed to deposit the material composing the superstructure, without breaking or injuring the same, and in a manner which will occasion the least inconvenience to the public; to fill in any excavation made, and to leave the same properly packed, rammed and repaired for any re- quired repaving. Each borough president is hereby authorized to establish such rules and regulations as, in his judgment, shall be deemed necessary for the purpose of carrying out the provisions of this subdivision. (C. O., 150.) 2. Rock refills. Wherever rock is excavated, not more than one- 508 CODE OF ORDINANCES OP THE CITY OF NEW YORK third of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding 6 inches in their largest dimen- sion, and mingled with clean earth and sand, and restored in such manner as to insure the thorough and compact filling of all spaces. (Richmond Ords., 6.) 3. Restoration by borough presidents. Whenever any pavement in any street shall be taken up, or any paving stones in a street shall have been removed in violation of the preceding sections, the pres- ident of the borough having jurisdiction shall forthwith return such stones to their former places, and shall otherwise restore the pave- ment, as nearly as may be practicable, to its normal condition. (C. O., 145.) 97. Fees; borough of Richmond. 1. Restoration of pavement. Fees for the restoration of pavement shall be paid by the person responsible for a street excavation in the Borough of Richmond, as follows: a. For areas less than 10 square yards: Restorirg granite or other blocks with portland cement joints on concrete foundation, per square yard $6 30 Restoring granite or other blocks with sand or tar joints, brick sheet asphalt and bituminous concrete; on concrete foundation and bituminous macadam pavement, per square yard 4 90 Restoring concrete pavement, per square yard 5 50 Restoring macadam bounded with tarvia, per square yard. . 2 80 Restoring macadam surfaced with tarvia and grits, and im- proved granite block on sand grouted, per square yard, and new curb on concrete, per linear foot ' 1 75 Restoring granite or other blocks of sand with sand joints per square yard 1 40 Restoring plain macadam, per square yard 1 10 Restoring old curb on concrete, per linear foot, and old bridg- ing per square foot * 70 Restoring new flagstone, per square foot 40 Restoring cement sidewalk per square foot, and old curb on sand per linear foot Restoring unpaved streets, per square yard 20 Restoring old flagstone, per square foot 15 2. Areas in excess of 10 square yards. The fees for such excava- tions in the borough of Richmond shall be such as may be deter- mined by the President of the borough or his representative. The area of surface to be repaved shall in all cases be computed by the president of the borough or his representative, from the diagram in the application as verified or corrected by comparison with the maps and records on file. 3. Inspection of back filling. The fee for the inspection of the back filling of any trench in a street in the borough of Richmond shall be as follows: For trenches not more than 4 feet in depth, nor more than 30 feet in length $3 00 For trenches over 4 feet and under 9 feet in depth and not more than 30 feet in length 4 50 For trenches over 9 feet under 15 feet in depth and not more than 30 feet in length . 6 00 STREETS 509 For trenches of greater dimensions than the foregoing, special charge, as may be determined by the president of the borough, or his representative. Adopted April 16, 1918. Approved April 27, 1918. 98. Enforcement of article. 1. Duties of police. All policemen shall be vigilant in the enforcement of the provisions of this article, and report through proper channels any violations thereof to the corporation counsel. Policemen, on observing or being informed of the opening of or excavating in any street, shall require the person making such opening or excavation to exhibit the authority or permission therefor; and, if none has been given, or if the exhibition thereof be refused, the officer shall, without delay, make complaint to the corporation counsel and report the same to the president of the borough in which the violation occurs, through the police commis- sioner. (C. O., 161.) 2. Violations. Any person who shall violate any provision of this article shall forfeit and pay a penalty of $50, and, in addition thereto shall be liable to pay the expense of repairing or replacing any pave- ment removed or damaged by him. (C. O., 148.) ARTICLE 10 HOUSE NUMBERING Sec. 110. General provisions. 111. Borough presidents to adjust numbering. 112. Numbers in certain sections of Manhattan. Sec. 110. General jrrovisions. 1. Requirements. The owner, agent, lessee or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situate, shall cause the proper street number or numbers of such building to be displayed on the fanlight or transom or door or entrance steps or gate or at the nearest practicable point to the entrance of such building, in such manner that the street number or numbers may at all times be plainly legible from the sidewalk in front of such building; provided, however, that so far as the purpose or intent of this section is concerned, the "front" shall be construed as that side of the building which faces the street on which the number or numbers of such building, or premises on which such building is situate, have been allotted, and that the number or numbers shall be displayed on such side of such building or premises. 2. Violation. If the owner, lessee, agent or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situate, shall fail to display the proper street number of such building, as provided in the foregoing paragraph, within 30 days after this ordinance shall take effect, the president of the borough in which such building is situate shall forthwith serve such person or persons with a copy of this section, and if after 30 days' service, the owner, lessee, agent or other person in charge of 510 CODE OP ORDINANCES OP THE CITY OF NEW YORK such building shall fail or neglect to comply with the provisions thereof, he shall be subject to a penalty of $25, which shall be sued for and collected in the name of the city. (Amend, ord. effective July 7, 1916.) 111. Borough presidents to adjust numbering. In all cases where a street shall have been numbered or renumbered, the borough president having jurisdiction shall thereafter adjust and renumber such street as the same may be required from time to time. In numbering and renumbering houses, he shall leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required, in case of renumbering at any subsequent time. (C. O., 101, 104.) Power of city authorities to renumber houses sustained. Van Ingen v. Hudson Realty Co., 106 App. Div. 444. 112. Numbers in certain sections of Manhattan. Whenever any street north of 9th street, unclusive, in the borough of Manhattan, shall be directed to be numbered or renumbered, the president of said borough shall cause the numbers to commence at Fifth avenue, numbering east and west, beginning with No. 1, on the west side of Fifth avenue; No. 100, on the west side of Sixth avenue; No. 200, on the west side of Seventh avenue, and so on, east and west of Fifth avenue, through the whole series of streets north of 9th street, and including 9th street; and said streets shall hereafter be called and known as East 9th street and West 9th street, and so on; the dividing line to be Fifth avenue. (C. O., 102.) ARTICLE 11 LIGHTS Sec. 120. Breaking or carrying away lamps or fixtures. 121. Removal of lamp-posts or electric light poles. 122. Violations. Sec. 120. Breaking or carrying away lamps or fixtures. No per- son shall wilfully break, deface, take down, carry away, or interfere with any lamp or any gas or electric light apparatus, or any part thereof, which shall be hung or fixed in any street or public place, or extinguish the light therein except by proper authority. (New.) 121. Removal of lamp-posts or electric light poles. No person shall take up, remove or carry away any lamp-post or electric light pole in any street or public place, without permission of the com- missioner of water supply, gas and electricity. Any person who shall take up and temporarily remove any lamp-post or electric light pole, under a permit or by other lawful authority, shall cause the same to be reset at his own expense immediately upon the com- pletion of the work that necessitated its removal. (C. O., 297, 298, revised.) 122. Violations. Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (New. Charter 1462.) STREETS 511 ARTICLE 12 NOISES Sec. 130. General provisions. 131. Hospital streets. 132. School streets. 132a. Motor vehicles; warning or signalling device required. 133. Peddlers, hawkers and venders. 134. Junkmen. 135. Metal rails, pillars and columns, transportation of. 136. Showmen. Sec. 130. General provisions. No person shall make, aid, counte- nance, encourage or assist in making any unusual or improper noise, riot or disturbance in any street or public place to the annoyance or inconvenience of travelers, or of persons residing adjacent thereto; nor shall any person use any profane, obscene or vulgar language in any street, or public place. (Arverne Ords., 1, made general.) 131. Hospital streets. The several borough presidents are hereby authorized to erect on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of in- tersecting streets on which may be located a hospital, lying-in asy- lum, sanatorium or other institution reserved for the treatment of the sick, a sign or signs displaying the words: "Notice Hospital Street, " and such other warning or admonition to pedestrians and drivers to refrain from fast driving or making any noiso that may tend to disturb the peace and quiet of any or all of the inmates of such institution. No person shall make any unnecessary noise nor drive at a speed faster than a walk on any street designated as a "Hospital Street," for which- such warning signs have been erected. (C. O., 260E.) 132. School streets. 1. Signs. The several borough presidents are hereby authorized to erect, on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of intersecting streets on which may be located a school, a sign or signs displaying the words, " Notice-^-School Street," and such other warning or admonition to pedestrians and drivers not to make any unnecessary noise or to drive at such speed as may tend to disturb the peace and quiet of the pupils and teachers of such school, as may be deemed to be expedient. 2. Noisy vehicular traffic. The police commissioner is authorized in his discretion to cause all heavy, noisy vehicular traffic to be diverted from the immediate block or blocks upon which any school shall be located, during the period between the hours of 8.45 a. m. and 3.15 p. m. of every school day. 3. Noise lessening pavement. The several borough presidents are hereby authorized, in their discretion, to repave the streets immedi- ately contiguous to schools with such noise lessening pavement as may moot with their approval. 4. Prohibitions. No person shall make any unnecessary noise, or drive at a speed faster than a walk, or violate any traffic rule or 512 CODE OF ORDINANCES OP THE CITY OF NEW YORK regulation of the police department on any street which has been designated as a "School Street," for which such warning signs have been erected. (Ord. Apr. 16, 1912, revised.) 132a. Motor vehicles,' warning or signalling device required. Every motorcycle or motor vehicle operated or driven on the streets of this city shall be provided with an adequate warning or signalling device. This device, whether a horn or whistle, must be operated by hand power or electricity, and the use of horns, whistles or other devices operated by the engine exhaust of motorcycles or motor vehicles is prohibited. (New.) Adopted December 2, 1918. Approved December 13, 1918. 133. Peddlers, hawkers and venders. 1. Generally. No peddler, vender, hawker or huckster, who plies a trade or calling of whatsoever nature on the streets, shall blow upon or use or suffer or permit to be blown upon or used, any horn or other instrument or device, nor make or suffer or permit to be made any noise tending to disturb the peace and quiet of a neighborhood, for the purpose of directing attention to his wares, trade or calling. No peddler shall cry or sell his or her wares or merchandise on Sunday, nor after 9 o'clock p. m., nor cry his or her wares before 8 o'clock in the morning of any day except Saturdays, when they shall be allowed to cry or sell their wares or merchandise until 11.30 o'clock p. m. (C. O , 551, revised.) 2. Special restrictions. No peddler shall be allowed to cry his or her wares within a distance of 250 feet of any school, court house, church or building in which religious services are held, during school hours or hours of public worship, or hours of holding court, respec- tively, nor at any time within a like distance of any hospital, asylum or other like institution, nor within a distance of 250 feet of any dwelling house or other building, when directed or requested by an occupant thereof not to do so. 134. Junkmen. No junkman, or other person engaged in the buying or selling of goods, chattels Or merchandise of any kind, shall use or employ on any street any bell exceeding 6 ounces in weight, attached to his vehicle or horse, or in any other manner; nor more than three bells at any one time, or cause or allow the same to be done. (Brooklyn Ords., 78, made general.) 135. Metal rails, pillars and columns, transportation of. All rails, pillars and columns of iron, steel or other material, which are being transported over and along the streets upon carts, drays, cars, or in any other manner, shall be so loaded as to avoid causing loud noises or disturbing the peace and quiet of such streets. (C. O., 529.) 136. Showmen. No person shall beat a drum or operate any other instrument, for the purpose of attracting attention to any show of beasts or birds or other things; nor shall any person use or perform with or hire, procure or abet any other person to use or perform with any musical or other instrument, in any street or public place, unless he shall be licensed, as such, under the provisions of 171 of chapter 14 of this ordinance. The provisions of this section shall apply to itinerant musicians and side-shows, and shall not be construed so as to affect any band of music or organized musical society, engaged in any military or civic parade or in serenad- STREETS 513 ing, that shall comply with the laws of the state or the provisions of 38 of chapter 24 of this ordinance, relating to parades, nor to any musical performance conducted under a license from the proper municipal authority. (Manh. Ords., 39, made general.) ARTICLE 13 OBSTRUCTIONS AND INCUMBRANCES Sec. 140. Special uses of streets. 141. Building construction, sidewalk bridges. 142. Building material. 143. Earth, rocks and rubbish. 144. House moving. 145. Posts and poles. 146. Removal of abandoned poles. 147. Show cases. 148. Stairways and hoistways. 149. Stands within stoop lines. 150. Storm-doors. 151. Removal of obstructions and incumbrances. 152. Vehicles, merchandise and other movable property. Sec. 140. Special uses of streets. No person shall, except as other- wise provided in this code, incumber or obstruct any street or side- walk which has been opened, regulated or graded, according to law, with any article or thing whatsoever. (C. O., 219, as amend, by ord. app. Aug. 8, 1916.) This is substantially the same as sec. 33 of Ch. 6, R. O. 1880; sec. 1, Ch. 24, City Ordinances, 1859; sec. 5, tit. 11, Ch. 22, Revised Ordinances, 1839; and par. 26, Oh. 13, R. O. 1811. In the first publication of the ordinances in 1793, after the Revolution, it was provided, paragraph 6, p. 14, that no person should "lumber" any foot path or "incommode foot passengers " under a penalty of five shillings, and also by paragraph 12, p. 16: "That no Person or Persons shall incumber or obstruct any street, wharf, or pier, with anv Carriages, Timber, Boards, Planks, Staves, Heading, Pitch, Tar, Turpentine, Grindstones, Anchors, Bricks, or any other kind of Lumber, or other Thing, without having first obtained Leave or Permission so to do from the Mayor or Recorder, or the Alderman of the Ward; and that Leave and Permission is hereby limited and confined to Persons only that are or shall be building or repairing Houses or other Buildings, under the Penalty of Forty Shillings for each Offence," and if the owners fail to remove the same it may be carted to the Alms-house Yard and sold, unless redeemed for two pence a day for every load carted. It is important to note that in this and many of the following sections affecting street obstructions the law has practically been unchanged for over a century. The decisions on the general subject of incumbrances are very numerous. It was a well-established principle at common law, which has been repeatedly affirmed in this State, that any obstruction, encroachment or incumbrance on a public highway without lawful authority was a public nuisance as to the public and a private nuisance as to any individual injured. See statement of law in leading cases of Cohen v. Mayor, etc., of N. Y., 113 N. Y. 532, where the city was held liable for damages resulting from a wagon it allowed to remain on the sidewalk, and ( 'allaiiiin v. Oilman, 107 N. Y. 361, where adjoining owner recovered damages ami enjoined defendant from using skids on the sidewalk so continuously as prac- tically to amount to an appropriation of it for his own purposes. Also see Davis v. Mayor, etc., 14 N. Y. 506; Hume v. Mayor, etc., 74 N. Y. 264. As to permanent encroachments, see Ackerman v. True, 175 N. Y. 353, where the extension of a house on Riverside Drive beyond the building line under a per- mit from the Park Department, was held to bo a nuisance and illegal. See, also: 514 CODE OF ORDINANCES OP THE CITY OF NEW YORK City of New York v. Knickerbocker Trust Co., 104 App. Div. 223; Williams v. Silverman R. Co., Ill App. Div. 679; McMillan v. Klaw & Erlanger, 107 App. Div. 407; Hatfield v. Strauss, 189 N. Y. 208; 117 App. Div. 671; City of New York v. Rice, 198 N. Y. 124; Acme Realty Co. v. Schinasi, 215 N. Y. 495. The city may bring an action in equity to abate the nuisance even though an action at law would lie to recover the penalty. See City of N. Y. v. De Peyster, 120 App. Div. 762; City of N. Y. v. Thorley & Regan, 73 App. Div. 626; City of N. Y. v. Rice, 198 N. Y. 124. Such suit should be brought in name of City and not of Borough President. Pounds v. Lee Ave. Theatre, Kaffer, J., N. Y. Law Journal, Mar. 4, 1914. And mandamus lies to compel city officials to remove nuisances in streets where they fail to do so. People ex rel. Cross Co. v. Ahean, 124 App. Div. 840; People ex rel. O'Reilly v. Mayor, 59 How. Pr. 277; People ex rel. Bentley v. Mayor, 18 Abb. N. C. 123; People ex rel. Mullen v. Newton, 20 Abb. N. C. 387; People ex rel. Browning, King Co. v. Stover, 145 App. Div. 259. Mandamus denied where there was any doubt. People ex rel. Lynch v. Manh. R. R. Co., 20 Abb. N. C. 393; People ex rel. Meeks v. Mayor, Lawrence, J., Daily Register, May 29, 1888; People ex rel. John v. Mayor, Beach, J., Daily Register, June 2, 1887; Whitman v. Hubbell, 20 Abb. N. C. 385. Injunction to restrain a city official denied. Ely v. Campbell, 59 How. Pr. 333. A private citizen may bring action to abate a nuisance where city refuses. Mc- Millan v. Klaw & Erlanger, 107 App. Div. 407; Overton v. Village Orelean, 37 Hun, 47. Barrels on sidewalk are a nuisance. City of N. Y. v. Leef, 128 N. Y. Supp. 676; wagons in sidewalk are a nuisance. Flynn v. Taylor, 127 N. Y. 596. Under the Charter the Board of Estimate and Apportionment possessed the power concerning the use of the streets formerly possessed by the Board of Aldermen. Hatfield v. Strauss, 189 N. Y. 208, 214. See Article 14, Projections and Encroachments, for other subjects. 141. Building construction; sidewalk bridges. Persons who desire to erect large buildings may erect and maintain a bridge, not to exceed 7 feet in height, above the sidewalk and 6 feet in width, extending the whole length of the proposed building; the steps lead- ing to the same to rest upon the sidewalk of the adjoining premises. 142. Building material. 1. Permit. The President of each borough shall have power to grant permits to builders to occupy not to exceed one-third of the carriageway of any street with building material; provided in his opinion the interests and convenience of the public will not suffer thereby. At the time of placing such material in the street, the permit so granted shall forthwith be posted in some conspicuous place on or near the material and shall be kept there so as to be readily accessible to inspection. (Amend. May 2, 1916.) 2. Conditions. Such permits shall provide expressly that they are given upon condition that the sidewalks and gutters shall at all times be kept clear and unobstructed, and that all dirt and rubbish shall be promptly removed from time to time by the party obtaining such permit, and that all such permits may be revoked by the borough president, at pleasure. 3. Deposit. Except as otherwise specifically provided in this article, no such permit shall be granted to any builder unless he shall, at the time said permit is granted, have on deposit with the borough president, the sum of $50, as a guarantee that he will promptly com- ply with the conditions of all permits which may be so granted, including the prompt removal of all dirt and rubbish placed upon the street from time to time, and also for the prompt removal, after the expiration or revocation of any such permit, of any building material placed upon any street thereunder. Each borough president is hereby authorized and empowered to use so much of the moneys so deposited as may be required to effect the prompt removal of such STREETS 515 dirt or rubbish as may, from time to time, be left upon the streets by the party making the deposit, and also for the purpose of removing any building material which may remain thereon, after the expiration or revocation of any permit under which it was so placed. In case any such deposit shall become impaired or exhausted, by its use by a borough president in the removal of dirt, rubbish, or building mate- rial, the amount shall be made up immediately, to the sum of $50, on notice from the borough president, and, in default thereof, all permits theretofore issued to the builder failing to comply with such notice shall be revoked, and no permit shall be thereafter granted to him until such deposit be made good. Any builder may at any time withdraw his deposit; provided he shall hold no un- expired permits and have fully complied with all the conditions of all permits theretofore issued, otherwise said builder shall be only entitled to withdraw and receive as much of the deposit as may re- main unexpended after the provisions of this section, relative to the use of said money for the removal of dirt, rubbish or building mate- rial, as the case may be, have been carried into effect. ( Brook 1. Ords. 8.) 4. Restrictions, a. In placing building materials in a street, the material shall be so placed as to occupy not more than one-third of the width of the carriageway of the street. In a street upon which there is a railroad, materials shall not be placed nearer to the track than 2 feet. (C. O., 211.) b. In no case shall building material be placed upon, nor shall mortar, cement or other material be mixed upon the pavement of a street paved with asphalt, asphalt block or wood, except under a permit issued by the borough president having jurisdiction, which shall contain a provision that such pavement shall be protected by first laying planks thereon. Borough presidents, or other officeis issuing permits to builders to use the streets, shall insert in each such permit a clause requiring compliance with this provision. (C. O., 270.) 5. Unauthorized obstructions. Whenever any wood, timber, stone, iron or other building material has been or shall be put or placed in or upon any street, without a permit, the borough president having jurisdiction shall forthwith cause the same to be taken up and re- moved. (C. O., 146.) Placing building materials in the street, while lawful, is subject to control of au- thorities. Rehberg v. Moyer, 91 N. Y. 137. 143. Earth, rocks and rubbish. In all cases where the sidewalk or roadway of a street shall be encumbered or obstructed by the caving in or falling off of any earth, rocks, rubbish or anything whatever, from any lot adjoining such sidewalk or carriageway, the owner, or occupant of such lot shall cause such earth, rocks, rubbish or other thing to be removed and cleaned from such sidewalk or carriageway, within 3 days after a written or printed notice shall have been served by the borough president, or other person in his name, on such owner, personally, or shall have been left at the place of res- idence of such owner, in this city; or, if such owner does not reside in the city, and such notice shall not be personally served, then, within 20 days sifter such notice be sent by mail, addressed to such owner at his place of residence, or, when such residence is unknown to the said 516 CODE OF ORDINANCES OF THE CITY OF NEW YORK borough president, posted in a conspicuous place on said premises. If the owner, occupant or agent does not comply with such notice, within the time specified in this section, after notice thereof, the borough president having jurisdiction shall cause the same to be removed at the expense of the owner, occupant or agent, and such expense shall be sued for and recovered in the name of the city. The corporation counsel shall cause a statement of such cost and ex- pense, together with the description of the premises, to be filed in the office of the county clerk of the appropriate county. (Brookl. Ords., 11, 12.) 144. House moving. No person shall remove, or cause or permit to be removed, or aid or assist in removing, any building or structure into, along or across any street or public place, without permission of the president of the borough having jurisdiction; under the penalty of $250 for each offense. Each borough president is authorized to grant permits for moving buildings through and across public high- ways, taking in each case a proper bond to secure the city against loss or damage incident to said moving. The applicant for a permit to move a building on or across a street, where there are car tracks or overhead wire construction, must obtain and file with the applica- tion the consent of the company affected. (C. O., 269.) 145. Posts and poles. 1. General provisions. No post or pole shall be erected or put up in any street, unless under a permit of the president of the borough having jurisdiction. (C. O., 220.) 2. Barber poles. Barber poles not exceeding 8 feet in height, above the sidewalk level and other emblematic signs may be placed within the stoop-lines, or fastened to the railing of any stoop, under the same conditions as to dimensions, consent, etc., as hereinafter pro- vided in the section relating to show-cases. (C. O., 263, in part.) 3. Ornamental lamp-posts. Ornamental posts, surmounted by lamps, may be erected within stoop lines on sidewalks, near the curb, in front of hotels, churches, theatres, railroad stations, and places of business, apartment houses and places of public assemblage, in any street or public place. No such post shall exceed in dimensions at the base more than 18 inches in diameter, if circular in form, and. if upon a square base, no side thereof shall exceed 18 inches; provided that one of the lamps, to be installed and maintained on each of the lamp-posts to be erected, shall be lighted and remain lighted every night, during the hours prescribed for public street lamps. The work to be done and illuminant supplied shall be at the expense of the person maintaining such posts and lamps. Adopted October 23, 1917. Became effective November 13, 1917. 146. Removal of abandoned poles. All telegraph, telephone, and electric light poles, wires or conductors which, at the time of the passage of this ordinance, shall have been standing for 3 months prior thereto, disused or abandoned, or which shall hereafter remain or stand disused, or become disused or abandoned, in, over or upon any street or public place, shall be forthwith removed, but for suffi- cient cause shown the borough president having jurisdiction may by one or more orders extend the time for such removal for periods not exceeding one year each. The persons owning, operating, managing or controlling poles, wires or appurtenances which may have been so disused or abandoaed or which may be dangerous or unsafe, shall STREETS 517 take down and remove them, and upon their failure to do so the president of the borough having jurisdiction shall remove the same forthwith at the expense of such persons. Before such removal the borough president, except in cases where a condition of danger exists, shall mail a notice thereof to the last known address of such persons, a copy of which shaH be posted for a period of 10 days on each of such poles prior to its removal. (Arverne Ords. rev. and made general.) 147. Show-cases. Show-cases may be placed in areas, or on the sidewalk within the stoop-line in front of any building, by or with the consent of the occupant of the ground "floor thereof, but not beyond 5 feet from the house line or wall of any building where the stoop-line extends further, except on streets where the stoop-lines have been abolished by the board of estimate; but no such show-case shall be more than 5 feet in height, above the sidewalk level, 3 feet in length, and 2 feet in width, nor shall it be so placed as to interfere with the free access to the adjoining premises. All such show-cases shall be freely movable. (C. O., 263.) These were originally authorized by prd. March 30, 1886, sec. 2, as amend, by res. app. June 22, 1895. Show-cases maintained without permission are a nuisance. Wells v. Brooklyn, 9 App. Div. 61. They cannot be allowed six feet from the stoop-line. People ex rel. Le Boutillier v. New York Daily Reg., April 23, 1884. Their removal by the authorities may be compelled by mandamus. People ex rel. Bentley v. Mayor, 18 Abb. N. C. 123; People ex rel. O'Reilly v. Mayor, etc., of N. Y., 59 How. Pr. 277. Injunction has also been granted. Hallock v. Schrever, 33 Hun, 111; Ely v. Campbell, 59 How. Pr. 333. 148. Hoistways. Hoistways may be placed within 5 feet of the building line, and shall be provided with approved trap doors and, when not in actual use, guarded by iron railings or rods to prevent accidents to passersby. (C. O., 263, as amend, by ord. effective Dec. 28, 1915.) That hoistways should be inclosed and guarded by a railing is reasonable. Mayor v. Williams, 15 N. Y. 502. See cases cited under 140 for obstructions. 149. Stands within stoop-lines and under elevated railroad sta- tions. 1. General provisions. No person shall have or use any bootblack stand outside of any building, and there shall be no booth or stand erected or maintained within the stoop-lines of any building, or under the stairs of the elevated railroad stations, without first procuring a license therefor, as hereinafter provided. (C. O., 361.) 2. Licenses. Stands within stoop-lines may be permitted and licensed with the consent of the owner of the abutting premises, for the sale of newspapers, periodicals, fruits, soda water, cigars, cigar- ettes, tobacco, candies, confectionery articles and the blacking of boots, but sucn licenses for the sale of soda water, cigars, cigarettes, tobacco, candies and confectionery articles shall be limited to stand licenses and locations thereof in effect on May 18, 1916. All licenses for such stands shall be granted and issued by the Commissioner of Licenses. Any person desiring to erect a stand or booth for the sale of newspapers and periodicals, underneath the stairs of any of the elevated railroad stations, shall file an application in the Depart- ment of Licenses, in which the applicant shall specify the location for such stand. Applicants for new licenses shall be divided into four grades: (a) Persons physically handicapped who have been honorably discharged from the United States Military or Naval Services; 518 CODE OF ORDINANCES OF THE CITY OF NEW YORK (b) Other persons who are physically handicapped; (c) Deserving widows of licensees; (d) Persons not falling within grades a, b or c. No license shall be granted to any persons in grades b, c or d, unless all applications then pending of applicants in prior grades shall have first been disposed of. The commissioner shall require proof by certificate or otherwise of any fact claimed to entitle ap- plicant to preferred grade. The grade of the licensee shall appear upon the license. This sub paragraph shall not apply to the re- newal of a then existing license to the same licensee. If the holder of a license issued under the provisions of this section shall die, and leave behind a widow or other family dependent the license for such stand shall continue in full force and effect for their benefit until its expiration, and such widow or other family depend- ent, as the case may be, shall be given preference in a renewal of the same. Adopted December 28, 1920; Approved January 6, 1921. 3. Conditions. Every license granted pursuant to this section for a stand under the stairs of an elevated railway station shall contain the following reservation: "It is expressly agreed and understood that this permit is given subject to the right of the elevated railway company affected, its agents, employees, successors or assigns, or the owner of said stairway, at any time properly to inspect, paint, repair, renew, reconstruct or remove said stairway, or any portion thereof, and without claim on the part of said licensee, as against said com- pany, its agents, employees, successors or assigns, or the owner of said stairway, for damages to or interference with said booth or stand, or the business therein conducted, occasioned by such in- spection, painting, repair, renewal, reconstruction or removal." (C. O., 366.) 4. License fees; term. The annual license fee (or a stand under the stairs of an elevated railway station shall be $10. All stands within the stoop line shall be classified and the annual license fee therefor shall be fixed and collected as specified in the schedule following: (a) Stands for the sale of newspapers, periodicals, or both, $5; (b) Stands for the sale of fruits or soda water, or both, $10; (c) Stands for the sale of cigars, or cigarettes, or tobacco, or the three, $5; (d) Stands for the sale of candies or confectionery articles, or both, $5; (e) Boot black stands, each chair, $5. A license may be issued, in accordance with the foregoing provi- sions of this section, and in the discretion of_ the commissioner, covering the sale of any combination of the classes of goods men- tioned above, to be sold, however, from only one stand not ex- ceeding the legal size hereinafter prescribed in this section; except that where boot black chairs are included in the combination the space hereinafter prescribed for boot black chairs may be allowed in addition to the stand for the sale of other articles. The fees to be paid for such combination licenses shall be calculated in ac- cordance with the above schedule for each kind of article permitted to be sold, or for each boot black chair to be operated. STREETS 519 No license shall be required for stands within stoop lines for the sale of newspapers, periodicals, or both, in cases where such stands are conducted by dealers who are the owners or occupants of the premises or stores in front of which the same are situated. Licenses for stands within stoop lines or under the stairs of any elevated railway station shall be issued as of December 1 and shall expire on the 30th day of November next succeeding the date of issuance thereof. No fee, however, shall be charged an applicant for a license here- under, for any kind of stand whatever, and preference shall bo given at all times in the case of stands under stairs of an elevated railway to one who is a disabled veteran of any war in which the United States was or is engaged (having served under the American colors), satisfactory evidence thereof having been presented to the commissioner. Adopted July 16, 1918. Approved July 26, 1918. 5. Construction of stand or booth. No stand or booth under the stairs of an elevated railway station and no projection therefrom, shall be erected that is wider than the width of the stairs under which it is placed, nor that extends along the sidewalk a greater distance than to a point where the under surface of the stairs is not over 7 feet from the level of the sidewalk. The stand shall be constructed, erected and maintained at the expense of the applicant, under the direction of the president of the borough in which it is located, and upon plans to be approved by the chief engineer of the elevated railroad company affected, so as to permit of a ready removal of so much thereof as may be necessary to enable the said company, its agents or employees, to get convenient access to any part of the stairways, for the purpose of inspecting, painting or repairing the same. Each such stand shall be painted the same color as the stairs of the elevated railroad, and no advertisement shall be painted or displayed thereon. (C. O., 365, amend. March 14, 1914.) 6. Restrictions: (a) Every stand, other than a stand or booth under the stairs of an elevated railway station, must be strictly within the stoop-line, and shall not be an obstruction to the free use of the sidewalk by the public. It shall not exceed the space of 10 feet long by 4 feet wide; except that, in the case of bootblack stands, a space not more than 3 feet wide and 4 feet long may be occupied by each chair of the stand. The enforcement of the provisions of this paragraph is hereby suspended until October 1, 1915, in the case of stands erected and maintained prior to March 14, 1914, where the restriction of the dimensions of the stands would, in the opinion of the commissioner, entail a severe burden on the owners thereof, but this provision shall not be construed to permit the erection of any new stand of dimen- sions exceeding those hereinbefore specified; (b) No person shall be permitted to sleep in any portion of a stand; nor to hold more than one license; (c) No bootblack stand shall be provided with more than 3 chairs. (C. O., 364.) 7. Licenses to be displayed. The license for a stand or booth, issued under any provision of this section, must be displayed thereon, so as to be easily visible at all times. 520 CODE OF ORDINANCES OF THE CITY OF NEW YORK 8. Licenses not transferable. No license issued under any provision of this section shall be transferable, with or without consideration. Any license transferred to another person shall immediately there- upon cease and determine, and the privileges thereunder come to an end; provided that the commissioner of licenses may transfer a license to another location for the period of its unexpired term, in case the application for such transfer shall be accompanied by the consent of the owner of the premises to which the proposed transfer is to be made; and provided further, that such transfer is not sought for a license to sell articles other than newspapers, periodicals, and fruit at a location which Was not duly licensed and in effect on May 18, 1916, but shall be in accordance with the provisions of sub- division 2 of this section. Any person who shall be guilty of a viola- tion of the provisions of this subdivision shall not thereafter be granted a license, permit or other privilege to keep a stand within the stoop-line or under an elevated railroad station, for the sale of any of the articles as hereinbefore provided in subdivisions 2 and 4 of this section, nor for the blacking of boots. Further, any person found guilty of violating any provisions of this subdivision, by a court of competent jurisdiction, shall be subject to a fine of not less than $50 nor more than $500. The commissioner of licenses shall have the language of this subdivision printed in bold type on all applications for licenses and on all licenses granted, under the pro- visions of this article. Stands duly licensed for the sale of fruits and soda water on May 18, 1916, shall not be required to obtain any new license to sell cigars, cigarettes, tobacco, candies and confectionery articles until the expiration of the license in force on that date. (Ord. App. July 13, 1916.) 9. Revocation of consent of property owner. Upon the written rev- ocation by the owner, in front of or adjoining whose property any such booth or stand shall have been erected, of any consent that shall have been given therefor, signed by such owner or owners and filed in the office of the commissioner of licenses, the commissioner shall revoke the license or permit for such booth or stand, and the same shall thereupon cease, determine and become null and void. (C. O., 372.) 10. Report to police department. The commissioner of licenses shall furnish the police commissioner with a list of all unexpired licenses issued under any provision of this section, containing the names of all persons to whom licenses have been issued, the place and business for which issued and the date of the expiration of each license. Thereafter, during the first week of each month, the police commissioner shall send to each police precinct commander a list of all such licenses issued in his precinct, which shall contain the name of each licensee, the location of his stand or business and the date of the expiration of his license, and also a list of all licenses ex- piring during the month for which the report is sent. (C. O., 371.) Section 50 of the Greater New York Charter, L. 1901, ch. 466, provides as fol- lows: "The Board of Aldermen shall not have power to authorize the placing or continuing of any encroachments or obstruction upon any street or sidewalk, except the temporary occupation thereof during the erection or repairing of a building on a lot opposite the same, nor shall they permit the erection of booths and stands within stoop-lines, except for the sale -of newspapers, periodicals, fruit and soda-water. STREETS 521 and with the consent in such cases of the owner of the premises." It then provided no speciaj ordinances should be passed, but that all ordinances should be general. Stands within the stoop-lines were first authorized by ch. 418, Laws 1887, and ch. 115, Laws 1888, for the sale of newspapers, periodicals, fruit and soda-water. These acts amended subdivision 3 of section 86 of the Consolidation Act. L. 1882, ch. 410. By ch. 718 of Laws 1896, this was further amended so as to include boot- blacks. The original charter of 1897 (sec. 49), omitted bootblack-stands among those allowed, and by the revision of 1901 (supra), bootblack stands were further omitted from the list of stands permitted. The charter therefore omitted the old provisions of the Consolidation Act, as amended in 1896, which authorized bootblack stands, but held, in People ex rel. Pumpkyansky v. Keating, 168 N. Y. 390, such omission was not a repeal. The Common Council may authorize stands within the stoop-line, People ex rel. Weeks v. New York, 1 N. Y. Supp. 95; and around the public markets. Ely v. Campbell, 59 How. Pr. 333. The right of the public to the use of the highway from "side to side and end to end" is well established from the earliest reported cases under the common law to the present time, and while this right of the public is preserved by section 50 in general, still stands may be lawfully permitted within the limits prescribed. People v. Keating, supra. The legislature, by virtue of its general control over streets and highways, has the power to authorize structures in the streets for the convenience of business that otherwise and under the common law would be held to be encroachments and obstructions. This power it may dele- gate to the governing body in a municipal corporation. Hoey v. Gilroy, 129 N. Y. 132. It is essential that the owner of adjoining premises should consent, as other- wise the stand would be a nuisance as to him. Newstands; See People v. Buck, 193 App. Div. 262. See authorities cited under 140 as to obstructions. 150. Storm-doors. Storm-doors not exceeding 10 feet in height, nor more than 2 feet wider than the doorway or entrance of any building, may be temporarily erected within the stoop-lines; pro- viding a permit therefor shall have been obtained from the borough president having jurisdiction; but in no case shall any storm-door extend more than 6 feet outside the house-line. No structure under the name of "storm-door" shall be lawful which shall practically be an extension of the building front or house front within the stoop- line, or an enlargement of the ground floor of any premises. (C.O., 263.) As to storm-doors, see Kiernan v. Newton, 20 Abb. N. C. 398. In an applica- tion for an injunction to restrain the public authorities from tearing down a storm- door, the burden is on plaintiff to show he is there lawfully. Kirkpatrick v. City of New York, Amend, J., N. Y. Law Journal, Dec. 3, 1903. 151. Removal of obstructions and incumbrances. 1. Jurisdiction. Except as otherwise specifically provided in this chapter, each borough president is empowered to direct the removal of any article or thing whatsoever which may incumber or obstruct any street or public place within his jurisdiction. (C. O., Q4, revised.) See sec. 383 of the Greater New York Charter, subdivision 6, where the President of the Borough is given "cognizance and control ... 6. Of the removal of in- rumbrances," and sec. 50 of the Charter, where the Board of Aldermen is given "power ... to prevent encroachments upon and obstructions to the streets and to authorize and require their removal by the proper officers." This work for many years ha.s been under the immediate direction of the "Bureau of Incumbrances." Thin name is kept in use for convenience. The Revised Ordinances of 1880, under ehapt er (>, use it as the heading for article IV, which includes the various ordinances forbidding incumbering the streets. In the City Ordinances of 1859, where the eight bureaux of the Street Department are explicitly enumerated and defined (sec. 2, art. 1, chap. IV), no mention is made of a "Bureau of Incumbrances," although the department is given cognizance of "the removing incumbranoes for streets, roads, places, wharves, piers and slips." (Id., sec. 1.) The Bureau was explicitly authorized by the Consolidation Act (chap. 410, L. 1882, sec. 317, subdiv. K). The powers given him as above are very great. The Charter gives the Street Cleaning Commissioner (sec. 545) power to remove certain movable property found in the streets. The terms of this section (545) and of 547 are so broad as to he somewhat confusing, for they apparently give the Street Cleaning Commissioner 522 CODE OF ORDINANCES OP THE CITY OF NEW YORK power to remove all "incumbrances," although intended, however, to be limited to those relating to cleaning the streets. Where an officer fails to remove incumbrances mandamus lies to compel him. See notes, sec. 140. 2. Corporation yards. Manhattan: (a) (Repealed by ord. app. July 20, 1916.) (b) So much of the space under the Manhattan bridge, between Madison and Monroe sts., in the borough of Manhattan, is desig- nated as a corporation yard for use by the president of the said borough. The jurisdiction over the corporation yards, except such as are or shall be established by the commissioner of street cleaning, is vested in the respective borough presidents. 3. Redemption of articles removed. Except as otherwise provided in this article, all articles removed from a street or public place under this section, may be redeemed by the owner upon his paying to the borough president, for the use of the city, the necessary ex- penses of removal, together with 6 cents per day for each cart-load thereof during the time it shall remain unclaimed. 4. Reimbursement for expenses of removal. Each borough president shall, between the 1st and 10th days of February, May, August and November, and at any other time he may designate, in each year, advertise and sell, at public auction, all such articles so re- moved as shall have been in the public yard, or other suitable place, one month prior to the time of advertising; and he shall, immediately, after such sale, account for and pay the proceeds thereof into the city treasury. 5. Records and accounts. Each borough president shall enter in a book to be provided for that purpose, a list of all articles removed, under the authority of this section, with the time of removal and the expenses thereof; and, when any of the same shall be redeemed he shall likewise enter therein the name of the person redeeming the same and the amount received therefor, and shall render a cer- tified account thereof to the comptroller on Thursday of each week, and shall thereupon pay over the amount so received to the cham- berlain. He shall also thereupon receive from the chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the comptroller. 152. Vehicles, merchandise and other movable property. 1. Must not be left in street. No person being the owner or the agent, or the employee of the owner of any truck, cart, wagon or other vehicles, or of any box, barrel, bale of merchandise, or other movable property, shall leave, or suffer or permit to be left such vehicle, merchandise or other movable property upon any public street, except upon such portion of any marginal street or wharf or place as, by the pro- visions of the charter, is committed to the custody and control of the commissioner of docks, nor shall any person erect or cause to be erected any shed, building or other obstruction upon any street. In case of an accident to a truck, cart, wagon or other vehicle, the owner or driver thereof, if it be disabled by such accident, shall be allowed a reasonable time, not exceeding 3 hours, to remove it. 2. Removal of such obstructions. The commissioner of street clean- ing shall remove, or cause to be removed, all unharnessed trucks, STREETS 523 carts, wagons and vehicles of any description, found in any public street or public place, and also all boxes, barrels, bales of merchandise and other movable property found upon any public street, or place, not including, however, any portion of marginal street, or place, or wharf which, by the provision of any law or statute, is committed to the custody and control of the commissioner of docks. The com- missioner of street cleaning is hereby authorized, with the consent and approval of the board of sinking fund commissioners, to lease a suitable yard or yards to which trucks, carts, wagons and vehicles, boxes, bales, barrels and other things, removed under the authority of this section, shall be taken. (Charter 545.) 3. Reimbursement for expenses of removal. The street cleaning commissioner shall, from time to time, as often as he shall deem necessary, sell, or cause to be sold, as hereinafter provided at public auction, at such yard or yards, the said trucks, carts, wagons, vehicles, boxes, barrels and other things so removed. Whenever the commissioner or deputy commissioner shall have removed or caused to be removed any such trucks, carts, wagons vehicles, boxes, bar- rels, bales or other things, and shall deem it necessary to sell them, and before making the sale thereof, he shall file with a justice of the municipal court of the city, a written petition, verified by oath, setting forth the facts which bring the case within this section, together with a brief description of each of the trucks, carts, wagons, vehicles, boxes, barrels or other things so removed in his custody and possession as street cleaning commissioner at the time of filing such petition, stating either the name of the owner or that his name is not known to the petitioner, and cannot be ascertained with reasonable diligence, and praying for a final order, directing the sale of the prop- erty so seized or removed, and the application of the proceeds thereof, as herein prescribed. Upon the presentation of the petition the justice must issue a precept under his hand, directed to the per- sons whose names appear in the petition as owners, if stated in the petition, or if not stated, directed generally to all persons having any interest in the property so seized and removed, and briefly reciting in substance the other facts stated in the petition and requiring the person or persons to whom the precept is directed to show cause before a justice of the said court at a time and place specified therein, not less than 10 nor more than 20 days after the issuing of the pre- cept, why the prayer of the petition should not be granted. The precept shall be served by posting a copy thereof in at least two pub- lic and conspicuous places in the city, one of which shall be the office of the said commissioner of street cleaning, and the second of which shall be the yard to which the property shall have been removed, and a copy of which precept shall be so posted within 3 days after the precept shall have been issued. A brief abstract of the precept shall be published in the City Record and corporation newspapers within 5 days after the issue, and not later than 3 days before the return day mentioned in the precept. At the time and place when the pre- cept is returnable, the commissioner must furnish proof of the service of said precept as herein prescribed and any person named in the petition and precept or otherwise, having an interest in the property seized, may appear on the return day of the precept and make him- self a party to the proceeding by filing a written answer, subscribed 524 CODE OF ORDINANCES OF THE CITY OF NEW YORK by him or his attorney and verified by the oath of the person sub- scribing it, denying absolutely, or upon information and belief, one or more material allegations in the petition, and setting forth his interest in the property seized. The subsequent proceedings before the justice shall be the same as in an action in the municipal court where an issue of fact has been joined, and, if the decision of the justice is in favor of the petitioner, the justice must make a final order, the same as though no appearance or trial were had, except to recite the appearance and trial before him. If no person appears and answers, the justice shall make a final order directed to the commissioner of street cleaning, commanding him to sell at public auction all of the property seized and described in the petition, at the yard to which said property was removed, for the best price which he can obtain therefor. Before making any such sale, the said commissioner or deputy commissioner shall give public notice in the City Record and corporation papers, as by this act prescribed, not later than 3 days before the day of such sale, and such notice of sale shall specify the time and place of such sale, and shall contain a general description of the property to be sold, but no particular description of any article shall be contained therein. The sale shall be made at the time and place specified in said notice of sale by the commissioner or a deputy commissioner of his department, or by an auctioneer, designated for such sale by the commissioner. Immediately after the sale, the commissioner shall pay to the comptroller the proceeds thereof, and shall, at the same time, transmit to the comptroller an itemized statement of the articles sold, with the price received for each article and a certificate of the costs and expenses incurred by the said com- missioner in making such condemnation and sales. The comptroller shall credit and add to the appropriation for the department of street cleaning, from the proceeds of such sale, the amount of said costs and expenses of such condemnation and sales as hereinbefore provided, and in addition thereto, such an amount for each incum- brance seized or taken, condemned and sold, as hereinbefore pro- vided, not to exceed $10, as may be estimated and fixed by the commissioner of street cleaning as necessary to pay the cost of seiz- ing, removing and keeping or storing such incumbrances; and the remainder of the moneys realized from such sale shall be paid without interest, to the lawful owners of the several articles sold. Any pay- ment to a person apparently entitled thereto, under the provisions of this section, shall be a good defense to the city against any other person claiming to be entitled to such payment; but, if the person to whom such payment is made is not in fact entitled thereto, the person to whom the same ought to have been paid may recover the same, with interest and costs of suit, as so much money had and received to his use, by the person to whom the same shall have been paid. (Charter 545.) 4. Redemption of property removed. The owner of any truck, cart, wagon, vehicle, box, barrel, bale or other thing, removed from any public street or place under the provisions of this section, may redeem his property at any time after its removal upon payment to the commissioner of street cleaning of such sum as he may fix, not to exceed $10, for each article redeemed. The sum thus paid shall be immediately transmitted to the comptroller, and shall be by him STREETS 525 added and credited to the appropriation for the department of street cleaning, and may be used by the commissioner for any of the pur- poses of his department, as if originally included in the appropria- tion therefor. Nothing in this section contained shall be deemed to authorize the summary removal of materials for any public work or improvement in course of construction. 5. Temporary obstruction of crossings. No person shall obstruct the walks laid across a public street or at the head of a public slip, by placing or stopping his horse, cart or other carriage upon or across any of the said walks, or by placing or putting any other obstruction or other thing across or on the same. (C. O., 268.) ARTICLE 14 PROJECTIONS AND ENCROACHMENTS Sec. 160. Projections prohibited. 161. Areas, special restrictions. 162. Balustrades. 163. 164. Cellar doors and steps. 165. 166. 167. 168. Removal of unauthorized projections and encroachments and incumbrances. 169. Notification to corporation counsel. 170. Violations. For cases and authorities relating to general subject of encroachments in public streets see notes to 140, supra. Sec. 160. Projections prohibited. No areas, steps or other projec- tions beyond the building line except those indicated in paragraphs c, d, e, f and h of subdivision 4, 170, chapter 5 of this Code of Ordi- nances, shall be built, erected or made upon the following streets, namely: a. Grand Boulevard and Concourse in the borough of The Bronx, between East 161st. street and Mosholu parkway; excepting that areas as defined by paragraph a of subdivision 4, 170, chapter 5 of the Code of Ordinances may be erected in that section of the Grand Boulevard and Concourse in the borough of The Bronx, located within a business use district as established by the building zone resolution adopted by the board of estimate and apportionment; b. On Coney Island avenue, from the Plaza at Parkside avenue to Neptune avenue, in the borough of Brooklyn; c. On Newkirk avenue, between Flatbush avenue and Coney Island avenue, in the borough of Brooklyn. Adopted April 13, 1920. Approved April 24, 1920. This subdivision continues the ordinance approved April 25, 1882. It with- draws all stoop-line privileges on Broadway below Fifth-ninth street. It was made necessary by the rapidly growing population of the metropolis and the enor- mous crowds who use the Broadway sidewalks. The ordinance has been upheld in a number of suits to recover penalties in the Municipal Courts. Where the 526 CODE OF ORDINANCES OF THE CITY OF NEW YORK photographer Marceau claimed that a marquise, or awning of glass and steel, on his Broadway place was not a "projection" within the terms of the ordinance, held the ordinance meant to forbid all projections of whatever kind. City of New York v. Otto Sarony Co., 86 N. Y. Supp. 27. 161. Areas; special restrictions. Every existing area that is open at the top shall be enclosed with an iron railing in front, and on the sides where there is an opening used for the purposes of ingress and egress, such railing to be at least 3 feet high measured from the base and capable of sustaining a lateral weight of 300 pounds at any part thereof, the gates of which, if any, shall be so constructed as to open inwardly. Adopted July 2, 1918. Approved July 10, 1918. The penalty was cut down from 250 to 100 dollars in 1896 and is now governed by 170. This section has been in force since at least 1821. (See Laws of City of N. Y. 1821, p. 29.) As originally used the ordinance expressly said "no areas below the surface of any street," and since then the area sections have always been in- cluded in the article on vaults. This is important to bear in mind, as the style of construction has changed so much since the word was first used. The tendency of the public has been to assume there was an "area line" up to which point much latitude in building was shown. Areas must not be confused with courtyards, however, which are not and never were permitted except under special circumstances (see 165). In the earlier days it was customary to grant to certain streets and avenues, by special ordinance, the right to enclose a courtyard in front of the abutting houses with light iron railings. But such courtyards were held to be illegal and the ordinances void in Lawrence v. Mayor, etc., of N. Y., 2 Barb. 577 (1848), followed in 124 App. Div. 847; 52 Misc. 222. It was under these circumstances, that the courtyards were con- structed in Fifth avenue, 42d street, 34th street, 23d street, etc. For example, as to Fifth avenue, between 23d street and 42d street, see ordinance passed Septem- ber 30, 1844, and earlier ones. The permission, however, was revocable. The change of those streets from residential to business, as well as the growth of the city, have made the local conditions entirely different. That a reasonable encroachment on a public street is lawful for use as an area, was sustained in City of Chicago v. Robbins, 67 U. S. 418. Where The City of New York sought a preliminary man- datory injunction to compel the removal of steps extending fifteen feet on Fifth avenue and of an area extending fourteen feet on 34th street, denied. City of New York v. Knickerbocker Trust Co., 41 Misc. 17. But that a good cause of action was alleged in the complaint sustained in same case. Scott, J., N. Y. Law Journal, Dec. 29, 1903; aff'd in 104 App. Div. 223. And where an owner sought to restrain the municipal authorities from removing a porte-cochere extending out fifteen feet to the so-called area line on Fifth avenue, application denied. George W. Vander- bilt v. City of New York, Blanchard, J., N. Y. Law Journal, June 25, 1903. Also, see City of N. Y. v. Knickerbocker Trust Co., 52 Misc. 222. An area built as prescribed by the ordinances is legal and must be maintained by the owner in the manner prescribed as long as it lasts. Devine v. Nat. Wall Paper Co., 95 App. Div. 194. See also Ackerman v. True, 175 N. Y. 353, McMillan v. Klaw & Erlanger, 107 App. Div. 407, and cases cited under 140 in Obstructions and Incumbrances. 162. Balustrades. No goods, wares, merchandise or manufac- tures of any description shall be placed or exposed to show or for sale upon any balustrade that now is or hereafter may be erected upon any street. (Amended by ord. effective Dec. 28, 1915.) 163. Bay windows, show windows. (Repealed by ord. effective Dec. 28, 1915.) This section is taken from the Ordinance of January 30, 1903. The case of Williams v. Silverman Construction Co., Ill App. Div. 679, ex- pressly holds that permits granted under this ordinance are invalid, as the Board of Aldermen has no power to allow permanent encroachments on the public highways. But see, contra, Broadbelt v. Loew, 15 App. Div. 343, aff'd 162 N. Y. 642. Sec- tion 86 of the Consolidation Act there construed has been practically incorporated in section 49 of the Charter. The Park Commissioners have power to grant permits for bay windows which project beyond the building line but within the stoop-line. Wonnser v. Brown, 149 N. Y. 163. This case, however, has been distinguished in Ackerman v. True, 175 N. Y. 353, which declares permits and ordinances allowing STREETS 527 permanent encroachments on the public streets to be invalid. .Bay windows have always been allowed in the city, but before this ordinance they were limited to 9nc foot. (See Laws and Ordinances 1793, p. 17, par. 13, and subsequent compila- tions.) See also Acme Realty Co. v. Schinasi, 154 App. Div. 397, and cases cite 1 under 140, supra. 164. Cellar steps; cellar doors. Every entrance or flight of steps, now existing and projecting beyond the line of the street and de- scending into any cellar or basement story of any house or other building, where such entrance or flight of steps shall not be covered, shall be inclosed with a railing on each side, permanently put up, from 3 to 3^ feet high, with a gate to open inwardly, or with 2 iron chains across the front of the entranceway, 1 near the top and 1 in the centre of the railing, to be closed during the night, unless thoro be a burning light over the steps, to prevent accidents. Where such entrance is covered by a cellar door such door shall be kept in good repair, and shall not be permitted to remain open except when in actual use for ingress or egress of persons or for the loading or unloading of things out of or into such cellar or basement story. Adopted March 26, 1918. Approved April 4, 1918. In 1793 the limit was one-fifteenth of the street, in 1808 this was changed to one-tenth, and in 1821 the present rate of one-twelfth was fixed. Schroeck v. Krris, 4 For indexing all cases in clerk's minutes: 2 cents per name; For attending and drawing jury: $2 each jury; Delivering jury box to court: $3 per day; Indexing all titles in map index: 2 cents per name or title; For recopying and transcribing public maps, recoloring same, repairing missing parts: 6 cents per square inch for drawing, $1 per hour for recoloring. (Ord. May 5, 1914.) 8. Session laws; compensation for same in Queens and Richmond The compensation for publication of the Session Laws in the counties of Queens and Richmond, respectively, is hereby fixed at the rate of 50 cents per folio. (Ord. Apr. 14, 1914.) 9. 1. Inspection of meat. No carcasses or parts of the carcasses of cattle, calves, sheep, lambs or swine, shall be offered for sale, sold, or given away in any public market in the City of New York until they shall, respectively, have been inspected and passed as fit MISCELLANEOUS 573 for human food by a duly authorized inspection of the United States government or a duly authorized inspector of the Health Department of the City of New York, or, in the case of parts of a carcass, unless such part shall have been cut from a carcass or part of a carcass which had previously been inspected and passed as hereinbefore provided. 2. Marking of; certificate. Such inspector of the Department of Health, upon finding such carcass or part of a carcass, as the case may be, fit for human food, shall proceed to mark such carcass or part of a carcass by branding or stamping thereon a number and the words "Department of Health" and "Inspected and Passed," together with the date of inspection and the name of the inspector, all set forth in conspicuous type in the following form : No Department of Health. Inspected and Passed (Date) (Name of Inspector) and such inspector shall also, upon branding or stamping such car- cass or part of a carcass, deliver to the owner thereof or said owner's representative a certificate, which shall be substantially in the following form: No... Department of Health. (Brief description of carcass or part of carcass) (Place of Inspection) (Name of Dealer) Inspected and Passed (Date) (Name of Inspector) Such brand or stamp marks, as well as such certificates, shall be consecutively numbered, and the number of the brand or stamp mark shall, in every instance, correspond with the number of the certificate. 3. Certificate; number of; filing of. Every such certificate shall be made in triplicate form, and the inspector shall deliver the orig- inal to the owner of the carcass or part of a carcass to which such certificate relates, or said owner's representative, and file a copy thereof, respectively, in the Department of Health and in the office of the Comptroller. 4. Certificate, fee for. For each carcass or part of a carcass thus marked and for which a certificate shall have been issued as herein, before provided, the owner thereof shall pay to the city of New York the sum of 5 cents, and all moneys shall be collected monthly by the comptroller. 5. Carcass or part of, when deemed Jit as human food. For the purpose of this ordinance, no such carcass or part of a carcass shall be deemed to have been inspected and passed as fit for human food by an inspector of the Department of Health unless such carcass or part of a carcass shall haSe been branded or stamped and a certificate shall have been issued, as hereinbefore provided. 6. Exceptions. The provisions of this ordinance shall not, how- ever, apply to carcasses or parts of the carcasses of cattle, calves, 574 CODE OP ORDINANCES OF THE CITY OP NEW YORK lambs, or swine killed in any slaughter house in the City of New York conducted under a permit issued by the Board of Health. (New. Ord. May 18, 1915.) 7. Violations. Any person who shall violate or neglect to comply with any provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. (New. Ord. app. May 18, 1915.) 9a. Willful destruction of food prohibited; exception. No person, firm or corporation shall willfully waste or destroy, or cause, suffer or allow to be willfully wasted or destroyed, any wholesome food fit for human consumption. Provided, however, the provisions of this section shall not apply where the willful destruction and waste of such food is regulated or controlled by the provisions of the United States Food Control Laws, or the New York State Food Control Laws. Any person, firm or corporation who shall violate the provisions of this section shall, upon conviction thereof, be pun- ished by a fine of five dollars ($5), or be imprisoned for a period not exceeding one day, or may be both fined and imprisoned. This section shall take effect immediately and shall continue in force during the time the United States is at war and thereafter until the mayor shall declare that the emergency causing the enact- ment thereof no longer exists. (New.) Adopted April 9, 1918. Approved April 13, 1918. 10. Violations. Whenever in any chapter of this ordinance no specific punishment is provided for the violation of a provision thereof, the punishment, upon conviction for such violation, shall be a fine of not more than $10, or imprisonment for not exceeding 10 days, or both such fine and imprisonment. (C. O., Part XVI.) The former ordinance provided for a "penalty" of ten dollars. A penalty is recovered in a civil action whereas a "fine" (as now provided) is recovered in a criminal action. This is really a return to the provision of the Consolidation Act (L. 1882, ch. 410) which declared, 85, that every violation of the ordinances should be a misdemeanor. The Greater N. Y. Charter changed this and by 50, gave the Board of Aldermen power to impose "such fines, penalties, forfeitures or imprisonment as may by law be prescribed." This penalty clause was drawn to come within that provision and meet the objection to the old clause in People v. Marks, Russell, C. J., N. Y. Law Journal, Feb. 15, 1913. As 786 of the ordinances of 1897 prescribed a penalty of ten dollars that has been the law until now. to imi New Laws 1895, and continued in them by section 1392 of the original and amended Charters. This would clearly seem to give the City Magistrates jurisdiction where the ordinances have specifically made an offense a misdemeanor. REPEAL 575 CHAPTER 28 Repeal Sec. 1. Existing ordinances repealed. 2. Saving clause. Sec. 1. Existing ordinances repealed. All other general ordinances or parts of general ordinances of the city, in force on the date when this ordinance shall take effect, are hereby repealed. The repeal clause originally reported by the Codification Committee was more sweeping and repealed "all other ordinances and parts of ordinances in force," etc. (City Record, Feb. 18, 1915.) This was changed to apply to "general" ordinances alone because the city charter only required "general" ordinances to be codified and this code in no way affected such "special" ordinances as the tax levy, cor- porate stock issues, salaries and kindred subjects. (City Record, March 11, 1915, p. 2013.) All local ordinances relating to the different cities, towns and villages which were united in the Greater New York Charter are repealed unless expressly incorporated in this code. These local ordinances were all carefully considered in preparing thia code and being of a general nature are now covered by the ordinances applicable to the entire city. (See Appendix B, Report of Codification Committee of Jan. 4, 1915, and printed in pamphlet form.) 2. Saving clause. No right or remedy of any character shall be lost, impaired or affected by reason of this ordinance, nor shall it affect or impair any act done or right accruing, accrued or acquired, nor any penalty, forfeiture or punishment incurred prior to the time when the same shall take effect, or by virtue of any ordinance, or part thereof, repealed or modified by this ordinance, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent, as if such senior ordinance, or part thereof, had not been repealed or modified. (Adapted from Charter, 1614.) 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen June 20, 1916. Approved by the Mayor July 6, 1916. The above is the date of the adoption of entire foregoing Code, excepting the sections in the Addenda. GENERAL NOTES The following citations are given merely as a ready reference to certain matters, frequently arising in connection with the ordinances. Evidence, Ordinances must be pleaded. The courts will not take judicial notice of municipal ordinances. They must be specially pleaded and proved. City of N. Y. v. Knickerbocker Trust Co., 104 App. Div. 223; People y. New York, 7 How. Pr. 81 ; Harker v. New York, 17 Wend. 199. But where there is a common law liability then it is not necessary to plead the ordinance to admit it as proof of neg- ligence. Berry v. Urban Water Supply Co., 163 App. Div. 21. Validity. An ordinance adopted pursuant to authority from the legislature has the same force within the corporate limits as a statute passed by the Legis- lature. Village of Carthage v. Frederick, 122 N. Y. 268; City of Buffalo v. N. Y. & Lake Erie R. R., 152 N. Y. 276; Ford v. N. Y. Central, 33 App. Div. 474. The charter of a city limits the extent of its ordinances. City of Rochester v. West, 29 App. Div. 125, aff'd 164 N. Y. 510. Penalties. A penalty must be certain and is void for uncertainty. City of Utica v. Blakeslee, 46 How. Pr. 165; and where "fixed penalties" are prescribed, the ordinance must so conform. City of Poughkeepsie v. King, 38 App. Div. 610. An ordinance may prescribe a penalty for an act already penal by the laws of the State. City of Brooklyn v. Toyabee, 31 Barb. 282. Ordinance imposing penalty ifl trictly construed. People ex fel. Kane v. Sloane, 98 App. Div. 450. 576 CODE OF ORDINANCES OF THE CITY OF NEW YORK Burden of Proof. An ordinance is presumed to be reasonable. City of N. Y. y. Hewitt, 91 App. Div. 445; City of N. Y. Interurban Ry. Co., 43 Misc. 29. But it is always competent to show that it is unreasonable. Mayor v. Dry Dock Ry. Co,, 133 N. Y. 104; Fire Dept. v. Gilmour, 149 N. Y. 453; Health Dept. v. Rector Trinity Church, 145 N. Y. 32; Brooklyn Crosstown R. R. Co. v. City of Brooklyn, 37 Hun, 413; Yonkers v. Yonkers R. Co., 51 App. Div. 271; Buffalo v. Collins Bak. Co., 39 App. Div. 432; Dunham v. Rochester, 5 Cow. 462. Must be Reasonable. One test of the validity of an ordinance is whether it ia reasonable. City of Buffalo v. Hill, 79 App. Div. 402; People ex rel. Lieberman v. Vandicarr, 81 App. Div. 128, aff'd, 175 N. Y. 440. Motive. The motive is not material, Kittinger v. Buffalo Tr. Co., 160 N. Y. 377; even in allegations of fraud and corruption. Borhite v. Home Tel. Co., 50 App. Div. Invalid in Part. Ordinances, like statutes, may be valid in part and invalid in others. Duryee v. Mayor, 96 N. Y. 477; Rogers v. Jones, 1 Wend. 237. Retroactive. In certain cases an ordinance may be retroactive as in requiring safeguards in buildings previously erected. N. Y. Fire Dept. v. Wendell, 13 Daly, 427. Construction. While ordinances providing penalties are to be strictly con- strued, Village v. Fisher, 140 N. Y. 187, still they must be reasonably construed so as to give effect to the intent of the legislature. O'Keefe v. Adams, 46 St. Rep. 557; People ex rel. Cumiskey v. Wurster, 14 App. Div. 556; Mayor, etc., v. Third Ave. R. R. Co., 16 St. Rep. 122, app. 117 N. Y. 404; Duryee v. Mayor, 96 N. Y. 477. See McQuillin, Municipal Ordinances. Defenses. The fact that other persons are violating an ordinance and are not prosecuted is no defense. City of Buffalo v. N. Y., Lake Erie & W. R. R., 152 N. Y. 276. City's Liability. In some cases city is not liable for failure to enforce ordinances. Levy v. Mayor, 3 Super. Ct. 465; Stillwell v. Mayor, 49 Super. Ct. 360; Studeor v. Village of Gouverneur, 15 App. Div. 229. Non-Residents. Ordinances apply to non-residents as well as to residents within limits of municipality. Jones v. Firemen's Fund Co., 2 Daly, 307, aff'd, 51 N. Y. 318; Buffalo v. Webster, 10 Wend. 99. Police Power. An ordinance to be valid under the police power must be a rea- sonable exercise of that power. City of N. Y. v. Wineburgh Adv. Co., 122 App. Div. 748. Injunctions. Threatened enforcement of ordinances is no ground for injunction. Fifth Ave. Coach Co. v. City of N. Y., 126 App. Div. 657; Eden Musee Amuse- ment Co. v. Bingham, 125 App. Div. 780. Negligence and Nuisance. The suits brought to recover damages suffered by reason of the violation of ordinances are very numerous. See Thomas on Neg- ligence and Wood on Nuisances. For ready reference the following leading casea are given: Vaults and Cellars. Babbage v. Powers, 130 N. Y. 281; Jorgensen v. Squires, 144 N. Y. 281; Jennings v. Van Schaick, 108 N. Y. 530. Landlord. Trustees Canandaigua v. Foster, 156 N. Y. 354; Swords v. Edgar, 59 N. Y. 28; Ahern v. Steele, 115 N. Y. 203. Complying with Conditions of License. Wolf v. Kirkpatrick, 101 N. Y. 146; Devine v. Nat. Wall Paper Co., 95 App. Div. 194. Coal hole. Clifford v. Dam, 81 N. Y. 52. Presumption. The presumption is in favor of the ordinance. Fifth Ave. Coach Co. v. City of New York, 194 N. Y. 19. CROSS-REFERENCES 577 CROSS-REFERENCES TO ANNOTATIONS NOTES PAGE Building code, authorized 48 Code ordinances, adoption former repealed 575 Encroachments and obstructions in streets: areas 526 awnings 500 bay-windows 526 general 513 ornamental projections 527 removal 521 show-cases 517 stands within stoop line 520-521 vaults 537, 538 Evidence, ordinances must be pleaded 575 Explosives regulations, authorized 263 Injunctions, see separate heads and 513 Mandamus, see separate heads and 513 Ordinances, construction 576 validity 575 Park regulations, authorized 386 Police power. (See separate heads.) general cases 576 Sanitary Code ' 405, 485 signs 532 Sanitary Code, authorized 485 penalties 405 Traffic regulations, authorized \ 542 578 CODE OF ORDINANCES OF THE CITY OF NEW YORK LAWS NOT INCLUDED This volume contains only the Code of Ordinances relating to the City of New York. For the following matters: Auctioneer, forfeiture license, see Penal Law, 943 Auctioneer, general provisions, see N. Y. City Charter, 34 Bakeries and confectioneries, see Labor Law, Art. 8 Blind adults may sell newsp., use mus. inst., see. Gen. City Law, 10 Dancing Academies, 'see N. Y. City Ch., arn. L. 1910, ch. 547 Departmental Rules, see Individual departments Dogs, see ... .^ Country Law, Art. 7 Employment Agencies, see Gen. Business Law, 170-180 Employment women merchant, act, see Labor Law, Art. 11 Employment children street trades, see Labor Law, Art. 15 Factories, see Labor Law, Art. 6 Farm produce, peddling in cities, see Gen. Municipal Law, 81 Fire-arms, carrying of, see. . . . L. 1914, ch. 460; Penal Law, 1897 Fire-Prevention, see N. Y. City Charter, am. L. 1911, ch. 899; L. 1912, ch. 458; L. 1913, ch. 695; L. 1914, ch. 459, 495 Junk dealers, see . . . . Gen. Business Law, 60-64 Marriage licenses, see Domestic Relation Law, 13-25 Motion-picture operator's license, see. ... 529a Charter as am. by L. 1910, ch. 654 New York City Charter L. 1897, ch. 378, Rev. L. 1901, ch. 466, as amend. Pawnbrokers, see Gen. Bus. Law, 40-52; Penal Law, 1590 Peddlers, see Gen. Business Law, 30-36 Private Detectives, see Gen. Business Law, 70-75 Tenement House Law, see. ... ch. 61, Consolidated Laws as amend. Tenement made articles, see Labor Law, Art. 7 Weights and Measures (State Law), see Gen. Business Law, {j 2-17 ADDENDA CHAPTER 6. Building Code SECTION 90. SUBDIVISION 4, add. e. Beginning at a point on the easterly side of Greenpoint avenue 200 feet north of the northerly side of Queens Boulevard, in the first ward, borough of Queens, thence running easterly and southerly 200 feet north and east and parallel to the northerly and easterly sides of Queens Boulevard to a point 100 feet north of and parallel to Jamaica avenue, in the fourth ward; thence running westerly across the Queens Boulevard to a point 200 feet west of the westerly side of Queens Boulevard; thence running northerly and westerly 200 feet westerly and southerly of and parallel to the Queens Boulevard to a point on the easterly side of Greenpoint avenue 200 feet south of Queens Boulevard, in the first ward, provided, however, that where any street parallels the Queens Boulevard at a point not less than 150 feet from the Boulevaid, the side nearest the Boulevard only shall be included in the fire limits. Adopted Dec. 20, 1921. Approved Dec. 31, 1921. CHAPTER 14. Licenses ARTICLE 18 SOLICITING CONTRIBUTIONS IN PUBLIC. Section 196. General provisions. 197. Granting of permission. 198. Duties of the Commissioner. 199. Duties of licensees. 200. Violations. 196. General provisions. No person, organization, society, Association or corporation shall solicit money, donations, or financial assistance of any kind, upon the streets or in public places in the City of New York, except upon a license issued by the Commissioner of Public Welfaie and under such regulations as hereinafter provided. 197. Permission; how granted. Application to solicit funds publicly for any cause whatever shall be addressed to the Commis- sioner of Public Welfare and such applications shall contain the following information: a. Name and purpose of the cause for which permission is sought. b. Names and addresses of the officers and directors of the organ- ization. 579 580 CODE OF ORDINANCES OP THE CITY OF NEW YORK c. Time for which permission is sought and localities and places of solicitation. d. Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. e. Such other information as the Commissioner of Public Welfare shall require. 198. Duties of the Commissioner. It shall be the duty of the Commissioner of Public Welfare before granting any permission to solicit in public, to compel the applicant to file with him a sworn statement of all monies collected in the calendar year or the fiscal year of such organization, society, association or corporation pre- vious to the application, the expenditures connected therewith, together with the names and addresses of all persons receiving wages, commissions or emoluments and the amounts so expended. The Commissioner may establish such further regulations as he may deem necessary in carrying out the purposes and objects of this article. 199. Duties of licensees. Licensees operating under this ar- ticle of the Code shall be compelled to label all collection boxes or containers used in the public solicitation of funds either by appeal in person or the placing of receptacles for the receipt of such public contibutions in stores, factories, shops, offices, theatres, hotels, restaurants, railway stations, ferry houses, or other public places, with the name of the organization for which the permit is issued, and in such conspicuous manner as the Commissioner of Public Welfare may direct. 200. Violations. Any person or persons who shall violate, neglect or refuse to comply with any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment not exceeding 90 days or by both such fine and imprisonment. Adopted November 29, 1921. Approved December 8, 1921. BUILDING ZONE LAW. Not*. While this law is not an ordinance proper, it is included in this book for the convenience of the public. CITY OF NEW YORK. BOARD OF ESTIMATE AND APPORTIONMENT. BUILDING ZONE RESOLUTION. (Adopted July 25, 1916.) A Resolution regulating and limiting the height and bulk of buildings hereafter erected and regulating and determining the area of yards, courts and other open spaces, and regulating and restricting the location of trades and industries and the location of buildings designed for specified uses and establishing the boundaries of dis- tricts for the said purposes. Be it resolved by the Board of Estimate and Apportionment of the City of New York: ARTICLE I. DEFINITIONS. 1. Definitions. Certain words in this resolution are defined for the purposes thereof as follows: (a) Words used in the present tense include the future; the singu- lar number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure." (b) The "street line" is the dividing line between the street and the lot. (c) The "width of the street" is the mean of the distances between the sides thereof within a block. Where a street borders a public place, public park or navigable body of water the width of the street is the mean width of such street plus the width, measured at right angles to the street line, of such public place, public park or body of water. (d) The "curb level." for the purpose of measuring the height of any portion of a building, is the mean level of the curb in front of such portion of the building. But where a building is on a corner lot the curb level is the mean level of the curb on the street of great- est width. If such greatest width occurs on more than one street the curb level is the mean level of the curb on that street of greatest width which has the highest curb elevation. The "curb level" for the purpose of regulating and determining the area of yards, 581 582 CODE OF ORDINANCES OF THE CITY OF NEW YORK courts and open spaces is the mean level of the curb at that front of the building where there is the highest curb elevation. Where no curb elevation has been established or the building does not adjoin the street the average ground level of the lot shall be con- sidered the curb level. (e) A "street wall" of a building, at any level, is the wall or part of the building nearest to the street line. (f) The "height of a building" is the vertical distance measured in the case of flat roofs from the curb level to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs from the curb level to the mean height level of the gable. Where no roof beams exist or there are structures wholly or partly above the roof the height shall be measured from the curb level to the level of the highest point of the building. Where a build- ing is a tenement house as denned in the Tenement House Law the height of the building on the street line shall be measured as pre- scribed in said law for the measurement of the height of a tenement house and such measurement shall be from the curb level as that term is used in said law. (g) The "depth of a lot" is the mean distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot. (h) A "rear yard" is an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot. (i) The depth "of a rear yard" is the mean distance between the rear line of the building and the rear line of the lot. (j) Lots or portions of lots shall be deemed "back to back" when they are on opposite sides of the same part of a rear line common to both and the opposite street lines on which the lots front are parallel with each other or make an angle with each other of not over 45 degrees. (k) A "court" is an open unoccupied space, other than a rear yard, on the same lot with a building. A court not extending to the street or to a rear yard is an " inner court." A court extending to the street or a rear yard is an "outer court." A court on the lot line extending through from the street to a rear yard or another street is a "side yard." (1) The "height of a yard or a court" at any given level shall be measured from the lowest level of such yard or court as actually constructed or from the cur.b level, if higher, to such level. The highest level of any given wall bounding a court or yard shall be deemed to be the mean height of such wall. Where a building is a tenement house, as denned in the Tenement House Law, the height of a yard or a court shall be measured as prescribed in such law. (m) The "least dimension" of a yard or court at any level is the least of the horizontal dimensions of such yard or court at such level. If two opposite sides of a yard or court are not parallel the horizontal dimension between them shall be deemed to be the mean distance between them. (n) The "length of an outer court" at any given point shall be measured in the general direction of the side lines of such court from fetJtLDING fcONE LAW 583 the end opposite the end opening on a street, or a rear yard, to such point. ARTICLE II. USE DISTRICTS. 2. Use districts. For the purpose of regulating and restricting the location of trades and industries and the location of buildings designed for specified uses, the City of New York is hereby divided into three classes of districts: (1) residence districts, (2) business districts, and (3) unrestricted districts; as shown on the use district map which accompanies this resolution and is hereby declared to be par thereof. The use districts designated on said map are hereby established. The use district map designations and map designa- tion rules which accompany said use district map are hereby de- clared to be part thereof. No building or premises shall be erected or used for any purpose other than a purpose permitted in the use district in which such building or premises is located. 3. Residence districts. In a residence district no building shall be erected other than a building, with its usual accessories, arranged, intended or designed exclusively for one or more of the following specified uses: (1) Dwellings, which shall include dwellings for one or more families and boarding houses and also hotels which have thirty or more sleeping rooms. (2) Clubs, excepting clubs the chief activity of which is a service customarily carried on as a business. (3) Churches. (4) Schools, libraries or public museums. (5) Philanthropic or eleemosynary uses or institutions, other than correctional institutions. (6) Hospitals and sanitariums. (7) Railroad passenger stations. (8) Farming, truck gardening, nurseries or green houses. In a residence district no building or premises shall be used for any use other than a use above specified for which buildings may be erected and for the accessory uses customarily incident thereto. The term accessory use shall not include a business nor shall it in- clude any building or use not located on the same lot with the build- ing or use to which it is accessory. A private garage for more than five motor vehicles shall not be deemed an accessory use. 4. Business districts, (a) In a business district no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for any of the following specified trades, industries or uses: (1) Ammonia, chlorine or bleaching powder manufacture. (2) Asphalt manufacture or refining. (3) Assaying (other than gold or silver). (4) Blacksmithing or horseshoeing. (5) Boiler making. (6) Brewing or distilling of liquors. (7) Carpet cleaning. (8) Celluloid manufacture. 584 CODE OF ORDINANCES OF THE CITY OF NEW YORK 9) Crematory. 10) Distillation of coal, wood or bones. 11) Dyeing or dry cleaning. (12) Electric central station power plant. (13) Fat rendering. (14) Fertilizer manufacture. (15) Garage for more than. five motor vehicles, not including a warehouse where motor vehicles are received for dead storage only, and not including a salesroom where motor vehicles are kept for sale or for demonstration purposes only. (16) Gas (illuminating or heating) manufacture or storage. (17) Glue, size and gelatine manufacture. (18) Incineration or reduction of garbage, offal, dead animals or refuse. (19) Iron, steel, brass or copper works. (20) Junk, scrap paper or rag storage or baling. (21) Lamp black manufacture. (22) Lime, cement or plaster of paris manufacture. (23) Milk bottling and distributing station. (24) Oil cloth or linoleum manufacture. (25) Taint, oil, varnish or turpentine manufacture. (26) Petroleum refining or storage. (27) Printing ink manufacture. (28) Raw hides or skins storage, curing or tanning. (29) Repair shop for motor vehicles. (30) Rubber manufacture from the crude material. (31) Saw or planing mill. (32) Shoddy manufacture or wool scouring. (33) Slaughtering of animals. (34) Smelting. (35) Soap manufacture. (36) Stable for more than five horses. (37) Starch, glucose or dextrine manufacture. (38) Stock yards. (39) Stone or monumental works. (40) Sugar refining. (41) Sulphurous, sulphuric, nitric or hydrochloric acid manu- facture. (42) Tallow, grease or lard manufacturing or refining. (43) Tar distillation or manufacture. (44) Tar roofing or tar waterproofing manufacture. (As amended December 21, 1917). (b) In a business district no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used for any trade, industry or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise; but car barns or places of amusement shall not be excluded. (c) In a business district no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used, for any kind of manufacturing, except that any kind of manufacturing not included within the prohibitions of para- graphs a and b of this section may be carried on provided not more BUILDING ZONE LAW 585 than 25 per cent, of the total floor space of the building is so used, but space equal to the area of the lot may be so used in any case, although in excess of said 25 per cent. The printing of a newspaper shall not be deemed manufacturing. No use permitted in a residence district by section 3 shall be excluded from a business district. 5. Unrestricted districts. The term "unrestricted district" is used to designate the districts for which no regulations or restric- tions are provided by this article. 6. Existing buildings and premises. (a) Any use existing in any building or premises at the time of the passage of this resolution and not conforming to the regulations of the use district in which it is maintained, may be continued therein. No existing building designed, arranged, intended or devoted to a use not permitted by this article in the district in which such use is located shall be en- larged, extended, reconstructed or structurally altered unless such use is changed to a use permitted in the district in which such build- ing is located. Such building may, however, be reconstructed or structurally altered to an extent not greater than 50 per cent, of the value of the building, exclusive of foundations, provided that no use in such building is changed or extended, except as authorized in paragraph b of this section, and provideu, further, that no use included in any one of the enumerated subdivisions of paragraph a of section 4 is changed into a use included in any other enumerated subdivision of paragraph a of section 4 or into a use prohibited by paragraph b of section 4, and also provided that no use prohibited by paragraph b of section 4 is changed into another use prohibited py paragraph b of section 4 or into a use included in an enumerated subdivision of paragraph a of section 4. (b) Any use existing in any building or premises at the time of the passage of this resolution and not conforming to the regulations of the use district in which it is maintained may be changed, and such use may be extended throughout the building, provided that in either case: (1) No structural alterations shall be made in the building, ex- cept as authorized by paragraph a of this section, and (2) In a residence district no portion of a building devoted to a use included in subdivision 1 of section 3 shall be changed to any use prohibited in a residence district, and (3) In a residence district no building or premises, unless devoted to one of the uses that is by section 4 prohibited in a business dis- trict, shall be changed to any of such uses, and (4) In a residence or business district no building or part thereof and no premises unless devoted to one of the uses that is by para- graph a or b of section 4 prohibited in a business district, shall be changed to any of such uses. If a use is changed us authorized in this section, the new use may thereafter be changed, subject to the limitations imposed by sub- divisions 1, 2, 3 and 4 of this paragraph.* 7. Use district exceptions. The Board of Appeals, created by chapter 503 of the laws of 1016, may, in appropriate cases, after public notice and hearing, and subject to appropriate conditions * Section 6, amended as above December 21, 1917. 586 CODE OF ORDINANCES OP THE CITY OF NEW YORK and safeguards, determine and vary the application of the use dis- trict regulations herein established in harmony with their general purpose and intent as follows: (a) Permit the extension of an existing building and the existing use thereof upon the lot occupied by such building at the time of the passage of this resolution or permit the erection of an additional build- ing upon a lot occupied at the time of the passage of this resolution by a commercial or industrial establishment and which additional building is a part of such establishment; (b) Where a use district boundary line divides a lot in a single ownership at the time of the passage of this resolution, permit a use authorized on either portion of such lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the dis- trict in which such use is authorized ; (c) Permit the extension of an existing or proposed building into a more restricted district under such conditions as will safeguard the character of the more restricted district;* (d) Permit in a residence district a central telephone exchange or any building or use in keeping with the uses expressly enumerated in section 3 as the purposes for which buildings or premises may be erected or used in a residence district; (e) Permit in a business district the erection or extension of a gar- age or stable in any portion of a street between two intersecting streets in which portion there exists a garage for more than five motor vehicles or a stable for more than five horses at the time of the passage of this resolution; f (f ) Grant in undeveloped sections of the city temporary and con-, ditional permits for not more than two years for structures and uses in contravention of the requirements of this article. (g) Permit in a business or residence district the erection of a garage provided the petitioner files the consents duly acknowledged of the owners of 80 per cent, of the frontage deemed by the Board to be immediately affected by the proposed garage. Such permit shall specify the maximum size or capacity of the garage and shall impose appropriate conditions and safeguards upon the construction and use of the garage. J ARTICLE III. HEIGHT DISTRICTS. 8. Height districts. For the purpose of regulating and limiting the height and bulk of buildings hereafter erected, the City of New York is hereby divided into five classes of districts: (a) one times districts, (b) one and one-quarter times districts, (c) one and one- half times districts, (d) two times districts, (e) two and one-half times districts; as 'shown on the height district map which accom- panies this resolution and is hereby declared to be part hereof. The height districts designated on said map are hereby established. The height district map designations and map designation rules which accompany said height district map are hereby declared to be part * Paragraph c of section 7, amended as above March 23, 1917. t Paragraph e of section 7, amended as above, December 21, 1917. J Paragraph g of section 7, amended as above, September 21, 1917. BUILDING ZONE LAW 587 thereof. No building or part of a building shall be erected except in conformity with the regulations herein prescribed for the height district in which such building is located. (a) In a one times district no building shall be erected to a height in excess of the width of the street, but for each one foot that the building or a portion of it sets back from the street line two feet shall be added to the height limit of such building or such portion thereof. (b) In a one and one-quarter times district no building shall be erected to a height in excess of one and one-quarter times the width of the street, but for each one foot that the building or a portion of it sets back from the street line two and one-half feet shall be added to the height limit of such building or such portion thereof. (c) In a one and one-half tunes district no building shall be erected to a height in excess of one and one-half times the width of the street, but for each one foot that the building or a portion of it sets back from the street line three feet shall be added to the height limit of such building or such portion thereof. (d) In a two times district no building shall be erected to a height in excess of twice the width of the street, but for each one foot that the building or a portion of it sets back from the street line four feet shall be added to the height limit of such building or such portion thereof. (e) In a two and one-half times district no building shall be erected to a height in excess of two and one-half times the width of the street, but for each one foot that the building or a portion of it sets back from the street line five feet shall be added to the height limit of such building or such portion thereof. 9. Height district exceptions, (a) On streets less than 50 feet in width the same height regulations shall be applied as on streets 50 feet in width and, except for the purposes of paragraph d of this section, on streets more than 100 feet in width the same height regu- lations shall be applied as on streets 100 feet in width. (b) Along a narrower street near its intersection with a wider street, any building or any part of any building fronting on the narrower street within 100 feet, measured at right angles to the side of the wider street, shall be governed by the height regulations pro- vided for the wider street. A corner building on such intersecting streets shall be governed by the height regulations provided for the wider street for 150 feet from the side of such wider street, measured along such narrower street. (c) Above the height limit at any level for any part of a building a dormer, elevator bulkhead or other structure may be erected pro- vided its frontage length on any given street be not greater than 60 per cent, of the length of such street frontage of such part of the building. Such frontage length of such structure at any given level shall be decreased by an amount equal to one per cent, of such street frontage of such part of the building for every foot such level is above such height limit. If there are more than one such structures, their aggregate frontage shall not exceed the frontage length above per- mitted at any given level. (d) If the area of the building is reduced so that above a given 588 CODE OF ORDINANCES OP THE CITY OF NEW YORK level it covers in the aggregate not more than 25 per cent, of the area of the lot, the building above such level shall be excepted from the foregoing provisions of this article. Such portion of the building may be erected to any height, provided that the distance which it sets back from the street line on each street on which it faces, plus half of the width of the street, equals at least 75 feet. But for each one per cent, of the width of the lot on the street line that such street wall is less in length than such width of the lot, such wall may be erected four inches nearer to the street line. (e) When at the time plans are filed for the erection of a building there are buildings in excess of the height limits herein provided within 50 feet of either end of the street frontage of the proposed building or directly opposite such building across the street, the height to which the street wall of the proposed building may rise shall be increased by an amount not greater than the average excess height of the walls on the street line within 50 feet of either end of the street frontage of the proposed building and at right angles to the street frontage of the proposed building on the opposite side of the street. The average amount of such excess height shall be computed by adding together the excess heights above the prescribed height limit for the street frontage in question of all of the walls on the street line of the buildings and parts of buildings within the above defined frontage and dividing the sum by the total number of buildings and vacant plots within such frontage. (f) Nothing in this article shall prevent the projection of a cornice beyond the street wall to an extent not exceeding five per cent, of the width of the street nor more than five feet in any case. Nothing in this article shall prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows extending above such height limit not more than five per cent, of such height limit, but such parapet wall or cornice may in any case be at least five and one-half feet high above such height limit. (g) The provisions of this article shall not apply to the erection of church spires, belfries, chimneys, flues or gas holders. (h) Where not more than 50 feet of a street frontage would other- wise be subjected to a height limit lower than that allowed im- mediately beyond both ends of such frontage, the height limit on such frontage shall be equal to the lesser of such greater height limits. (i) If an additional story or stories are added to a building existing at the time of the passage of this resolution, the existing walls of which are in excess of the height limits prescribed in this article, the height limits for such additional story or stories shall be computed from the top of the existing walls as though the latter were not in excess of the prescribed height limits and the carrying up of existing elevator and stair enclosures shall be exempted from the provisions of this article. ARTICLE IV. AREA DISTRICTS. 10. Area districts. For the purpose of regulating and determin- ing the area of yards, courts and other open spaces for buildings hereafter erected, the City of New York is hereby divided into five classes of area districts: A, B, C, D and E; as shown on the area BUILDING ZONE LAW 589 district map which accompanies this resolution and is hereby de- clared to be part hereof. The area districts, designated on said map are hereby established. The area district map designations and map designation rules which accompany said area district map are hereby declared to be a part thereof. No building or part of a building shall be erected except in conformity with the regulations herein prescribed for the area district in which such building is located. Unless otherwise expressly provided the term rear yard, side yard, outer court or inner court when used in this article shall be deemed to refer only to a rear yard, side yard, outer court or inner court required by this article. No lot area shall be so reduced or diminished that the yards, courts or open spaces shall be smaller than prescribed in this article. 11. A districts. In an A district a court at any given height shall be at least one inch in least dimension for each one foot of such height. 12. B districts. In a B district a rear yard at any given height shall be at least two inches in least dimension for each one foot of such height. The depth of a rear yard at its lowest level shall be at least 10 per cent, of the depth of the lot, but need not exceed 10 feet at such level. An outer court or a side yard at any given height shall be at least one inch in least dimension for each one foot of such height. An outer court at any given point shall be at least one and one-half inches in least dimension for each one foot of length. But for each one foot that an outer court at any given height would, under the above rules, be wider in its least dimension for such height than the minimum required by its length, one inch shall be deducted from the required least dimension for such height for each 24 feet of such height. A side yard for its length within 50 feet of the street may for the purposes of the above rule be considered an outer court. J 13. C districts. (a) In a C district a rear yard ^at any given height shall be at least three inches in least dimension for each one foot of such height. The depth of a rear yard at its lowest level shall be at least 10 per cent, of the depth of the lot but need not exceed 10 feet at such level. An outer court or a side yard at any given height shall be at least one and one-half inches in least dimension for each one foot of such height. An outer court at any given point shall be at least one and one-half inches in least dimension for each one foot of length. On a lot not more than 30 feet in mean width an outer court or a side yard at any given height shall be not less than one inch in least dimension for each one foot of such height, and an inner court at anv given height shall be either (1) not less than two inches in least dimension for each one foot of such height or (2) it shall be of an equivalent area as hereinafter specified in paragraph c of section 17. (b) If the owner or owners of any part of a C district set aside perpetually for the joint recreational use of the residents of such part designated by them, an area at least equal to 10 per cent, of the area of such part in addition to all yards and court requirements for a B district, such part shall be subject to the regulations herein pre- scribed for a B district. Such joint recreational space shall be com- posed of one or more tracts, each of which shall be at least 40 feet 590 CODE OF ORDINANCES OF THE CITY OF NEW YORK in least dimension and 5,000 square feet in area and shall be approved by the Board of Appeals as suitable for the joint recreational use of such residents. 14. D districts. (a) In a D district a rear yard at any given height shall be at least four inches in least dimension for each one foot of such height. The depth of a rear yard at its lowest level shall be at least 10 per cent, of the depth of the lot, but need not exceed 10 feet at such level. If a building in a D district is located in a resi- dence district as designated on the use district map, the depth of a rear yard at its lowest level shall be at least 20 per cent, of the depth of the lot, but need not exceed 20 feet at such level. However, for each one foot in excess of 10 feet of the depth of such rear yard at its lowest level, there may be substituted one foot of depth of unoccupied space across the whole width of the front of the lot at the curb level between the street line and the street wall of. the building. (b) In a D district an outer court or a side yard at any given height shall be at least two inches in least dimension for each one foot of such height. An outer court at any given point shall be at least two inches in least dimension for each one foot of length. On a lot not more than 30 feet in mean width an outer court or a side yard at any given height shall be not less than one and one-half inches in least dimension for each one foot of such height. On such lot an outer court at any given point shall be not less than one and one- half inches in least dimension for each one foot of length. On such lot an inner court at any given height shall be either (1) not less than three inches in least dimension for each one foot of such height or (2) it shall be of an equivalent area as specified in paragraph c of section 17. (c) In a D district no building located within a residence district as designated on the use district map shall occupy at the curb level more than 60 per cent, of the area of the lot, if an interior lot, or 80 per cent, if a corner lot. In computing such percentage any part of the area of any corner lot in excess of 8,000 square feet shaft be considered an interior lot. (d) If the owner or owners of any part of a D district set aside perpetually for the joint recreational use of the residents of such part designated by them, an area at least equal to 10 per cent, of the area of such part in addition to all yard and court requirements for a C district, such part shall be subject to the regulations herein pre- scribed for a C district. Such joint recreational space shall be com- posed of one or more tracts, each of which shall be at least 40 feet in least dimension and 5,000 square feet in area and shall be approved by the Board of Appeals as suitable for the joint recreational use of such residents. 15. E districts. (a) In an E district a rear yard at any given height shall be at least five inches in least dimension for each one foot of such height. The depth oi a rear yard at its lowest level shall be at least 15 per cent, of the depth of the lot, but need not exceed 15 feet at such level. If a building in an E district is located in a resi- dence district as designated on the use district map, the depth of a rear yard at its lowest level shall be at least 25 per cent, of the depth of the lot, but need not exceed 25 feet at such level. However, for / BUILDING ZONE LAW 591 each one foot in excess of 10 feet of the depth of such rear yard at its lowest level there may be substituted one foot of depth of unoccupied space across the whole width of the front of the lot at the curb level between the street line and the street wall of the building. In an E district on at least one side of every building located within a resi- dence district there shall be a side yard along the side lot line for the full depth of the lot or back to the rear yard. (b) In an E district an outer court or side yard at any given height shall be least two and one-half inches in least dimension for each one foot of such height. On a lot not more than 50 feet in mean width an outer court or a side yard at any given height shall be at least two inches in least dimension for each one foot of such height. An outer court at any given point shall be at least two and one-half inches in least dimension for each one foot of length. (c) In an E district no building located within a residence district as designated on the use district map shall occupy at the curb level more than 50 per cent, of the area of the lot, if an interior lot, or 70 per cent, if a corner lot, and above a level 18 feet above the curb no building shall occupy more than 30 per cent, of the area of the lot, if an interior lot, or 40 per cent, if a corner lot. In computing such percentage any part of the area of any corner lot in excess of 8,000 square feet shall be considered an interior lot. 16. Rear yards. (a) Except in A districts, for lots or portions of lots that are back to back there shall be rear yards extending along the rear lot 'lines of such lots or portions of lots wherever they are more than 55 feet back from the nearest street. Such rear yard shall be at least of the area and dimensions herein prescribed for the area district in which it is located at every point along such rear lot line. Within 55 feet of the nearest street no rear yards shall be required. No rear yard shall be required on any corner lot nor on the portion of any lot that is back to back with a corner lot. (b) Where a building is not within a residence district as designated on the use district map, the lowest level of a rear yard shall not be above the sill level of the second story windows, nor in any case more than 23 feet above the curb level. Where a building is within a resi- dence district the lowest level of a rear yard shall not be above the curb level, except that not more than 40 per cent, of the area of the yard may be occupied by the building up to a level 18 feet above the curb level. In the case of a church, whether within or without a resi- dence district, such 40 per cent, may be occupied up to a level of 30 feet above the curb level. (c) Chimneys or flues may be erected within a rear yard provided they do not exceed five square feet in area in the aggregate and do not obstruct ventilation. (d) Except in A districts, where a building on an interior lot be- tween lots for which rear yards are required runs through the block from street to street or to within 55 feet of another street, there shall be on each side lot line above the sill level of the second story windows and in any case above a level 23 feet above the curb level a court of at least equivalent area at any given height to that re- quired for an inner court at such height and having a least dimension not less than that required for an outer court at the same height. 592 CODE OF ORDINANCES OF THE CITY OF NEW YORK (e) When a proposed building is on a lot which is back to back with a lot or lots on which there is a building or buildings having rear yards less in depth than would be required under this article, the depth of the rear yard of the proposed building shall not be required to be greater at any given level than the average depth of the rear yards directly back to back with it at such level, but in no case shall the depth of such rear yard be less at any height than the least di- mension prescribed for an outer court at such height. 17. Courts. (a) If a room in which persons live, sleep, work or congregate receives its light and air in whole or in part directly from an open space on the same lot with the building, there shall be at least one inner court, outer court, side yard or rear yard upon which a window or ventilating skylight opens from such room. Such inner court, outer court or side yard shall be at least of the area and di- mensions herein prescribed for the area district in which it is located. Such rear yard shall be at least of the area and dimensions herein prescribed for an inner court in the area district in which it is located. In an A district, such inner court, outer court, side yard or rear yard shall be at least of the area and dimensions herein prescribed for a court in such district. The unoccupied space within the lot in front of every part of such window shall be not less than three feet, meas- ured at right angles thereto. Courts, yards and other open spaces, if provided in addition to those required by this section, need not be of the area and dimensions herein prescribed. The provisions of this section shall not be deemed to apply to courts or shafts for bath rooms, toilet compartments, hallways or stairways. (b) The least dimension of an outer court, inner court or side yard at its lowest level shall be not less than four feet, except that where the walls bounding a side yard within the lot are not more than 25 feet in mean height and not more than 40 feet in length, such least dimension, except in an E district, may be not less than three feet. Where any outer court opens on a street such street may be consid- ered as part of such court. (c) The least dimension of an inner court at any given height shall be not less than that which would be required in inches for each one foot of height for a rear yard of the same height, except that an inner court of equivalent area may be substituted for said court, provided that for such area its least dimension be not less than one-half c( its greatest dimension. If an inner court is connected -with a street by a side yard for each one foot that such side yard is less than 65 feet in depth from the street, one square foot may be deducted from the required area of the inner court for each 15 feet of height of such court. If the lot is not required under this resolution to have a rear yard, an outer court, not opening on a street, shall open at any level on an inner court on the rear line of the lot and such Inner court shall be deemed a rear yard in such case. 18. Area district exceptions. (a) The area required in a court or yard at any given level shall be open from such level to the sky unobstructed, except for the ordinary projections of skylights and parapets above the bottom of such court or yard, and except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches. How- BUILDING ZONE LAW 593 ever, where a side yard or an outer court opens on a street a cornice may project not over five feet mto such side yard or outer court within five feet of the street wall of the building. And provided that in an E district a one-family residence, detached on all sides and having on one side a side yard of a clear and unobstructed width of not less than five feet, may have a cornice or eave projecting not more than two feet six inches into a side yard on theopposite side.* (b) An open or lattice enclosed iron fire escape, fireproof outside stairway or solid-floored balcony to a fire tower may project not more than four feet into a rear yard or an inner court, except that an open or lattice enclosed iron fire escape may project not more than eight feet into a rear yard or into an inner court when it does not occupy more than 20 per cent, of the area of such inner court. (c) A corner of a court or yard may be cut off between walls of the same building provided that the length of the wall of such cut-off does not exceed seven feet. (d) An offset to a court or yard may be considered as a part of such court or yard provided that it is no deeper in any part than it is wide on the open side and that such open side be in no case less than six feet wide. (e) If a building is erected on the same lot with another building the several buildings shall, for the purposes of this article, be con- sidered as a single building. Any structure, whether independent of or attached to a building, shall for the purposes of this article be deemed a building or a part of a building. (1) If an additional story or stories are added to a building exist- ing at the time of the passage of this resolution, the courts and yards of which do not conform to the requirements of this article, the least dimensions of yards and courts shall be increased from the top of the existing yard or court walls, as though they were of the prescribed dimensions at such heights and the carrying up of existing elevator and stair enclosures shall be exempted from the provisions of this article. ARTICLE V. GENERAL AND ADMINISTRATIVE. 19. Interpretation; purpose. In interpreting and applying the provisions of this resolution, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this resolution to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this resolution to inter- fere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this resolution imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provision of law or ordinance or by such rules, regulations * Paragraph a of section 18, amended as above, September 21, 1917. 594 CODE OF ORDINANCES OP THE CITY OF NEW YORK or permits or by such easements, covenants or agreements, the provisions of this resolution shall control. 20. Rules and regulations; modifications of provisions. The Board of Standards and Appeals, created by chapter 503 of the laws of 1916, shall adopt from time to time such rules and regulations as they may deem necessary to carry into effect the provisions of this resolution. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this resolution the Board of Appeals shall have power in a specific case to vary any such provision in harmony with its general purpose and intent, so that the public health, safety and general welfare may be secured and substantial justice done. Where the street layout actually on the ground varies from the street layout as shown on the use, height or area district map, the designation shown on the mapped street shall be applied by the Board of Appeals to the unmapped streets in such a way as to carry out the intent and purpose of the plan for the particular section in question. .Before taking any action authorized in this section the Board of Appeals shall give public notice and hearing. 21. Unlawful use; certificate of occupancy. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy to the effect that the building or premises or the part thereof so created, erected, changed or converted and the proposed use thereof conform to the provisions of this resolution shall have been issued by the superin- tendent of buildings of the borough in which such building or premises is located, or, in the case of a tenement house as defined in the Tene- ment House Law, by the tenement house commissioner. In the case of such buildings or premises it shall be the duty of the superinten- dent of buildings or the tenement house commissioner, as the case may be, to issue a certificate of occupancy within ten days after a request for the same shall be filed in his office by any owner of a building or premises affected by this resolution, provided said build- ing or premises, or the part thereof so created, erected, changed or converted, and the proposed use thereof, conforms with all the re- quirements herein set forth. Under rules and regulations of the Board of Standards and Appeals a temporary certificate of occupancy for a part of a building may be issued by the superintendent of build- ings or the tenement house commissioner as the case may be. Upon written request from the owner, the superintendent of buildings or the tenement house commissioner, as the case may be, shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this resolution certifying after inspection the use of the building or premises and whether such use conforms to the provisions of this resolution. 22. Enforcement, legal procedure, penalties. This resolution shall be enforced by the tenement house commissioner, the fire com- missioner and by the superintendent of buildings in each borough under the rules and regulations of the Board of Standards and Ap- peals. The tenement house commissioner shall enforce the provisions herein contained in so far as they affect or relate to tenement houses BUILDING ZONE LAW 595 as defined by the Tenement House Law. The superintendent of buildings shall in each borough enforce the provisions herein con- tained in so far as they relate to buildings or premises other than tenement houses. The fire commissioner shall enforce the provisions herein contained in so far as they relate to the use of completed buildings or premises, or part thereof, other than tenement houses. For any and every violation of the provisions of this resolution or of the rules and regulations adopted thereunder, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an en- tire building or entire premises where such violation has been com- mitted or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be liable to the same legal procedure and the same penalties as are prescribed in any law, statute or ordinance for violations of the Building Code, and for such violations the same legal remedies shall be had and they shall be prosecuted in the same manner as prescribed in any law or ordinance in the case of violations of said Building Code. 23. Amendments, alterations and changes in district lines. The Board of Estimate and Apportionment may from time to time on ita own motion or on petition, after public notice and hearing, amend, supplement or change the regulations and districts herein established. Whenever the owners of 50 per cent, or more of the frontage in any district or part thereof shall present a petition duly signed and ac- knowledged to the Board of Estimate and Apportionment requesting an amendment, supplement, change or repeal of the regulations pre- scribed for such district or part thereof, it shall be the duty of the Board to vote upon said petition within 90 days after the filing of the same by the petitioners with the secretary of the Board. If, however, a protest against such amendment, supplement or change be pre- sented, duly signed and acknowledged by the owners of 20 per cent, or more of any frontage proposed to be altered, or by the owners of 20 per cent, of the frontage immediately in the rear thereof, or by the owners of 20 per cent, of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the unanimous vote of the Board. If any area is hereafter trans- ferred to another district by a change in district boundaries by an amendment, as above provided, the provisions of this resolution in regard to buildings or premises existing at the time of the passage of this resolution shall apply to buildings or premises existing at the time of passage of such amendment in such transferred area. 24. Completion and restoration of existing buildings. (a) Noth- ing herein contained shall require any change in the plans, construc- tion or designated use of a building lor which a building permit has been heretofore issued, or plans for which are on file with the building superintendent or with the tenement house department at the time of the passage of this resolution, and a permit for the erection of which is issued within three months of the passage of this resolution and the 596 CODE OF ORDINANCES OF THE CITY OF NEW YORK construction of which, in either case, shall have been diligently prose- cuted within a year of the date of such permit, and the ground story- framework of which, including the second tier of beams, shall have been completed within such year, and which entire building shall be completed according to such plans as filed within five years from the date of the passage of this resolution. Provided, however, that any plan, other than a plan for a garage for more than five motor vehicles, filed with the building superintendent or with the tenement house department on July 26, or July 27, 1916, and a permit for the erection of which is issued prior to December 25. 1916, shall be deemed to have been filed at the time of the passage of this resolution. Provided, also, that the Board of Appeals may, after public notice and hearing, extend for not to exceed one year the time within which such ground-story framework, including the second tier of beams, shall be completed in any case, where, in the judgment of said Board, actual construction or fabrication was begun early enough to allow under the then existing conditions adequate time for completion as above specified, and where such construction or fabrication was diligently prosecuted and where such completion has been prevented by conditions impossible to foresee and beyond the control of the owner and builder.* (b) Nothing in this resolution shall prevent the rest-oration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy or prevent the continuance of the use of such building or part thereof as such use existed at the time of such de- struction of such building or part thereof or prevent a change of such existing use under the limitations provided in section 6. Nothing in this resolution shall prevent the restoration of a wall declared un- safe by the superintendent of buildings or by a board of survey. 25. When effective. This resolution shall take effect immedi- ately. Note. The Height, Area and Use District maps, which are a part of the above resolution, are on sale in the office of the Secretary of the Board of Estimate and Apportionment, Room 1356, Municipal Building. There are 111 sections in the complete set of the Height, Area and Use maps. These sections are sold for five cents each. The Height, Area and Use maps in bound form are $1 each; or $3 for the three complete maps. * Paragraph a of section 24, amended as above, December 15, 1916, and October 19, 1917, NOTES Validity. The Building Zone resolution has the legal effect of a statute. People ex rel. Cotton v. Leo, 110 Misc. 519; West Side Mtge. Co. v. Leo, 174 N. Y. Supp. 451. Section 6. As to the meaning of " use," see People ex rel. Wohl v. Leo, 109 Misc. 448. Section 7. For appeals to Board of Appeals, subd. a, see People ex rel. Facey v. Leo, 110 Misc. 516, aff'd 193 App. Div. 910; People ex rel. Cotton v. Leo, 110 Misc. 519; as to 80% clause subd. g, see People ex rel. McAvoy v. Leo, 109 Misc. 255. Garage, subd. e, may be erected. West Side Mtge. Co. v. Leo, 174 N. Y. Supp. 451. Section 20. As to garage, see People ex rel. Sendem v. Walsh, 108 Misc. 193. ADDENDUM An Ordinance Fixing the Standard of Time throughout the City of New York. Whereas, The Congress of the United States has over-ridden the veto of President Wilson in the Daylight Saving Law, a statute which from a humanitarian standpoint has contributed largely to the comfort, well-being and contentment of the great body of wage earners in all the industrial centres of the United States, without detracting from a proper measure of service to employers, which has afforded the workman the opportunity to enjoy the society of his family by the light of day, which has enabled the bread-winner to spend more time in the improvement of his mind and body, which has given an extra hour of air and sunshine to the toiler in the shop and the factory in the recuperation of health; and Whereas, This repeal was effected through the mistaken effort of the farmer employer, inspired and augmented by the avarice and selfishness of the lighting trusts throughout the country; and Whereas, The Board of Aldermen of The City of New York, voicing the sentiment of the overwhelming majority of those who labor in the diversified industrial occupations of the cosmopolitan city, who have realized through practical application the great boon of one hour's extra daylight for mental improvement and physical recreation, enacts the following ordinance: Be it Ordained by the Board of Aldermen of The City of New York, as follows. That the standard time throughout The City of New York is that of the seventy-fifth meridian of longitude west from Greenwich, except that at 2 o'clock ante-meridian of the last Sunday in March of each year such standard time throughout The City of New York shall be advanced one hour, and at 2 o'clock ante-meridian of the last Sunday in October of each year such standard time shall, by the retarding of one hour, be returned to the mean astronomical time of the seventy-fifth meridian of longitude west from Green- wich, and all courts, public offices and legal and official proceedings shall be regulated thereby. Adopted October 14, 1919. Approved October 24, 1918. 507 INDEX (See Cross-References, 577, for Notes and matters not in the Code of Ordinances) Advertisements, misleading, forbidden . . . placards and posters, article 2 Advertising vehicles Ammunition. (See Explosives.) Amusements and exhibitions. (See Motion Pictures.) licenses required, theatre tickets. . . . fees for admission tickets revocation unlicensed performances enjoined amateurs and charitable excepted charity entertainments places of, exit requirements fire prevention obstruction of aisles sale of liquor Sunday observance ticket speculation violations Animals. (See Sanitary Code.) dog stealing Apartment houses. (See Fire Prevention.) Areas. (See St roots.) Asylums. (See Fire Prevention.) Auctions in streets Automobiles. (See Traffic Regulations, Parks.) Awnings, article 5 . t Auctioneers, to be licensed SECTION. CH. 1 27 23 30 24 1-lla 2-3 3a 4 5 6 6a 7 8 9 11 10 12 13 2 27 30 23 23 la 27 PAGE. 570 498 551 32-37 32 33 33 33 34 34 35 35 35 37 36 38 38 570 499 500 570 B Balustrades. (See Streets, projections.) Barber poles Bathing in public Bay windows 599 145 23 3 27 163 23 516 571, 526 600 INDEX Bells. (See Traffic Regulations.) Billiard and pool tables, article 2 Board meetings to be open to public Boarding houses. (See Fire Prevention.) Boilers in vessels, tested by police Bonds of city officers Borough president: accounts payment bills permits receipts, disposition reports jurisdiction. (See separate headings under "Streets.") city surveyors, article 10 contracts, article 2 permits public improvements sewers and drains street cleaning requirements: accounts payment of bills receipts, disposition reports Bowling alleys Bread, baking and sale Bridges: names of speed of vehicles on Broadway, projections thereon forbidden. Building materials not to obstruct streets Building Code: actions, article 32 aisles and passageways. (See Theatres, alterations of buildings: generally frame non-fireproof must be approved apartment houses: classified construction, amended application for permits areas SECTION. CH. 14 9 1 1 18 270 2 201 200 203 202 204 awnings balustrades base courses bay windows, construction of. bathrooms, light, ventilation . beams. (See Iron and Steel.) wooden 2 2 203 2 61 2 1-24 21 1-24 22 201 2 200 2 202 2 204 2 30 14 30 26 1 4 2 4 160 23 140-142 23 1,2 5 480 5 73 5 3 5 70 5 7,1-73 5 3 5 170 179 170 170 446 133 280 5 PAGE. 344 13 399 30 25 25 26 25 26 27 17 26 18 486 490 25 25 25 26 344 566 45 47 525 513 161 49 135 65 51 64 64 51 82 83 83 83 133 74 101 INDEX 601 Building Code Continued: SECTION. CH. PAGE. bill boards. (See ' ' Streets, ' ' general index.) brick 23 5 56 brick masonry 252 5 96 building materials: specifications for 23-31 5 56-58 strength 50-52 5 58 buildings: classification of, article 4 5 64 to be fireproofed 72 5 65 safeguards during construction, ar- ticle 10 5 84 bulkheads and scuttles 425 5 130 business buildings, classified 70 5 64 light, air 131 5 74 cast iron 30 5 58 cellars 440-442 5 132 cement 23 5 56 certificate of occupancy 5 5 53 chimneys, article 19 5 122 collapsed structures, article 31 5 156 columns 52 5 60 concrete 170,337 5 83,108 concrete 28 5 57 for reinforced work 332 5 107 construction, safeguards during art- icle 10 5 84 cornice 170 5 83 cornices and gutter 422 5 130 courts, light in 135 5 75 curtain walls. (See Walls.) dangerous buildings, article 31 5 156 definitions, amended 2 5 50 doors, and shutters, fireproof 375 5 120 doorways 158 5 80 drainage, article 20 5 154 ducts 402 5 127 dwelling-house, classified 70 5 64 elevators, article 27 560 5 150 employees have right to enter build- ings 10 5 55 enforcement, article 32 ' 5 161 encroachments, article 9 5 excavations 230 5 89 exit facilities, article 8 5 76 factory 70-73 5 64 fences 477 5 135 fire appliances, article 28 580 5 153 162 5 81 projecting 172 5 83 602' INDEX Building Code Continued: fire limits. (See Frame Constructions.) Manhattan (subd. 1) Bronx (subd. 2) Brooklyn (subd. 3) Queens (subd. 4) suburban limits enlarging buildings repairing buildings within buildings in construction within. frame buildings permitted fire partitions . . - fireproof construction, article 17 fireproofing, when required iron and steel construction ..... floors and roofs fire walls and shafts, article 18 floor capacities floors, fireproof floor lights floor loads flues foundations generally foundation walls frame buildings, article 22 gas appliances gutters and cornices heating apparatus, article 19 heights of buildings defined hoistways hollow building bricks hollow building blocks: fireproof masonry interior finish iron, cast iron and steel construction, article 15 bolting cast-iron columns columns of steel lintels rivetting trusses leaders and roofing . . ' light, article 7 lime loads mansard roofs masonry, article 13 wall thicknesses masonry-work, safe loads for materials; different kinds, article 2. . . SECTION. CH. 90 5 90 5 90-95 5 90 5 91 5 92 5 93 5 95 5 96 5 372 5 5 72 5 351 5 354 5 5 55 5 354 5 444 5 52 5 392 5 232 5 236 5 470 5 600 5 422 5 5 2 5 374 5 29 5 371 5 254 5 356 5 30 5 300 5 307 5 300 5 301 5 303 5 306 5 305 5 423 5 5 25 5 53 5 427 5 5 257 5 53 5 5 PAGE, 66 66 68 69 70 72 73 73 73 117 110 65 110 111 117 63 111 132 61 192 91 93 133 154 130 122 50 120 57 117 96 115 58 102 105 102 103 104 105 104 130 73 56 61 131 94 97 61 55 INDEX 603 Building Code Continued: modifications mortar when cement used motion-picture theatres, article 24 ... notices of violations non-fireproof buildings occupancy office building classified one story buildings openings, protection of orders, article 32 partition fences and walls, articles 11 partitions, fireproof ed penalties permits pile foundations piping, article 29 plans and specifications: to be filed must be approved (subd. 5) .... plumbing, article 29 projections, article 9 protection during construction article 10 protection for public in certain build- ings public, protection for in certain build- ings public buildings: classified light, ventilation reinforced concrete construction, art. 16 remedies, article 32 repairs, when ordinary are excepted . . residences, defined light, ventilation retaining walls, article 11 roofing, article 20 sand safeguards: against spread of fire, article 18 during construction, article 10. . sidewalk sheds scope shafts, amended schools, to be fireproof sheds, over sidewalk shutters and doors, fireproof sky-lights sky-lights. (See Signs, general index.) smoke-pipes SECTION. CH. 6 5 27 5 256 5 5 650 5 71 5 5 5 70 5 74 5 375, 376 5 5 210-215 5 355 5 654 5 3,4 5 235 5 5 3 5 4 5 600 5 5 5 490-493 5 490-493 5 70 5 132 5 5 5 3 5 70 5 130 5 211 5 5 24 5 5 5 191 5 1 5 373 5 70 5 191 5 375 5 425 5 403 PAGE. 54 56 97 137 161 65 53 64 66 120 161 87 114 165 51 92 154 51 52 154 82 84 136 136 64 74 106 161 52 64 73 87 129 56 116 84 85 49 118 64 85 120 130 128 604 INDEX Building Code Continued: SECTION. CH. PAGE. stairs: interior 153 5 77 exterior 154 5 79 fire towers 155 5 79 standpipes 581 5 153 steam or hot water pipes 400 5 129 steel: cast 30 5 58 structural 30 5 58 steel and iron construction, article 15. 5 102 steps 170 5 82 tanks 428 5 131 temporary supports, article 10 5 84 tenement houses classified. . . . >. 70 5 64 theatres, article 25 141 theatres, motion-pictures, article 24 . 137 timber construction, article 14 100 treads in 7-story buildings 150 5 65 unsafe buildings, article 31 . 156 vaults under sidewalks 170 5 83 vent flues 401 5 127 ventiliation, article 7 73 violations, article 32 5 161 walls. (See Masonry, article 13.) wood construction, article 14 5 100 working stresses and loads, article 3 . 5 58 Building Zone Law 581 C Cabs. (See Hacks.) Cellar doors and steps. (See Streets). Charities (public); institutions, admission to 1 6 168 libraries 3 6 168 inmates, classification 2 6 168 employment and discipline 46 168 instruction 2 6 168 Chauffeurs. (See Hacks.) Chimney fires 30 12 338 City debt, regulations, article 1 2 14 City flag 3 1 11 seal 2 1 9 City Magistrates' Courts 4 27 571 City marshal: badges of 230 2 impersonating forbidden 231-2 2 27 City officers' bonds 270 2 City surveyors, rules and regulations 240-244 2 27 Civil service. (See Officers of City.) Coal, sale 31 26 566 INDEX 605 SECTION. CH. PAGE. Commissioner, acting, may be appointed. . 71 12 Common shows, regulations concerning. . 60-62 3 44 Comptroller, custodian certain papers . . . 170 2 25 Contracts for work or supplies for city: general provisions 60 2 18 borough improvements 61 2 18 plans and surveys 62 2 18 proposals for estimates to be issued. . 63 2 18 form 64 2 18 estimates: contents 65 2 19 "estimate box" 66 2 19 execution 65 2 19 opening 66 2 19 samples 67 2 19 contract: award 66 2 19 bond 72 2 20 filing with comptroller 61 2 18 extra work 77 2 22 indemnity clause 71 2 20 payments: general 73 2 21 in installments 68 2 20 certificate of amount due 74 2 21 delayed. . 78 2 . 22 inspection (assessment work) ... 75 2 22 inspector and surveyor's affidavits 76 2 22 security for 68 2 20 non-performance of 72 2 20 protection against accidents 70 2 20 reletting 72 2 20 report of outstanding 79 2 22 snow removal, pay of workmen 71 2 20 Corporation counsel, article 8 26 Corrections, department of 1-7 7 170 manufacturing fund 4 7 171 Courtyards. (See Streets.) Dealers in second-hand articles, article 4. 14 345 Definitions 1 1 8 Department, acting head may be designated 71 12 Department of Charities, general provisions 1-4 6 . 168 Department of Corrections, general provi- sions 1-7 7 170 Department of Docks and Ferries, general provisions 8 173 Department of Parks, general provisions. . 17 . 386 Dirt carts, Article 5 14 348 606 INDEX Docks, ferries and harbor control: SECTION. CH. PAGE. cargoes, rules and regulations 60-64 8 181 definitions 1 8 173 protection of navigation: dredging 50 8 179 dumping 122 8 185 obstructions 120, 121 8 185 removal of refuse from vessels 123 8 186 water-front property: apportionment: canal boats 13 8 174 city purposes, generally 10 8 173 floating baths 11 8 173 garden produce 14 8 174 oysters and other shell fish 15 8 175 recreation piers 12 8 174 improvement: general provisions. .... 30 8 176 floating docks. ... 34 8 178 opening pavements 33 8 177 platforms for fish trade 32 8 177 sheds on piers. ... 31 8 176 violations 35 8 178 maintenance: cleaning, dredging and repairing 50 8 179 incumbrances and ob- structions: removal 54 8 180 sale 55 8 180 storage 53 8 180 vehicles 56 8 181 violations 57 8 181 overloading with cargo. 51 8 179 obstructions 52 8 179 wharfage, rules and regulations.. 80-90 8 182 Dog-stealing forbidden 2 27 570 Drains. (See Sewers.) E Electrical Control: armored work 427 9 211 cut outs 567 9 243 definitions 1 9 187 electric signs 583 9 257 fixtures 577 9 252 fuses 568 9 244 general provisions, article 1 9 187 generators 201 9 191 inside work, article 4 9 200 INDEX 607 Electrical Control Continued: SECTION. CH. PAGE. motors 208 9 194 outside work 31a 9 197 rosettes 571 9 249 signalling systems 685 9 258 switchboards 203 9 193 switches, cut-outs, etc 419 9 203 violations 700 9 262 wireless telegraph apparatus 686 9 261 wires, general 416 9 201 Electric signs, general provisions 215 23 534 Elevated railroads. (See Railroads.) Employees of city, hours of 8 1 12 Employees. (See Officers and Employees of City.) Employment bureau, public, article 12 2 29 Encroachments and projections. See Streets.) Encroachments on park-streets 60-62 17 394 Excavations, article 9 23 505 Explosives: alcohols, article 21 .* . . . 10 318 ammunition, article 5 10 285 blasting caps 67 10 281 bonds, article 3 10 270 calcium carbide, article 16 10 308 certificates, article 2 10 268 charitable institutions 45 10 275 chemical supply-houses, article 24. . . 10 320 combustible mixtures, article 10 .... 10 299 definitions 1 10 264 drug-stores, retail, article 25 drug-stores, wholesale, article 24 .... 320 dry-cleaning, article 13 .. 305 dyeing establishment, article 13 305 explosives, regulations, article 4 10 275 fees, article 3 10 270 fireworks, article 6 garages, article 11 gases under pressure, article 17 general provisions, article 1 inflammable mixtures, article 9 296 kerosene oil, article 8 10 291 liquors, distilled, article 21 10 matches, article 7 10 290 motion-picture films, article 20 motor cycle repair shops, article 14. . 10 307 motor vehicle repair shop, article 12. . 10 304 nitre-cellulose, article 19 10 oils and fats, article 22 10 318 oils (mineral), article 8 10 291 608 INDEX Explosives Continued: SECTION. CH. PAGE. paints, article 15 10 307 permits, article 2 10 268 petroleum, article 8 10 291 powder, article 4 276 refrigerating plants, article 18 storage. (See separate heads.) technical establishments, article 23. . 10 319 transportation. (See separate heads) violations 300 10 Expresses and expressmen: charges 64 14. 349 denned 60 14 348 license fee 61 14 licensed drivers required proprietor's bond 63 14 Exterior hoists, article 7 14 349 Fifth Avenue, street restrictions 61 17 395 Films for motion pictures. (See Explosives. ) Fine for all violations 10 27 574 Fire-arms: cannon firing, regulated 330 carrying or keeping pistols, permits. . 1 11 discharging guns, prohibited generally 2 11 329 where permitted 2 11 329 sale of toy-pistols prohibited 3 11 330 violations 5 11 331 Fire extinction: fire-alarm telegraph 5 12 333 firehose 3 12 333 fire hydrants 4 12 333 idlers at fires 2 12 333 lighted matches 7 12 streets fires, permits required. 6 12 violations 8 12 334 Fire extinguishing appliances. (See Fire Prevention.) Fire prevention. (See Building Code; Amusements, Ch. 3.) appliances where required 20, 21 12 335 ashes 29 12 338 barns and stables 28 12 charitable institutions chimneys and flues 30 12 diagrams of exits 335 elevator in readiness : 20a 12 335 fire drills in schools 22 12 336 lights 336 modifications 26 12 338 INDEX 609 Fire Prevention Continued: SECTION. CH. PAGE. smoking, where forbidden ........ 27 12 338 storage combustible fibre .......... 24 12 336 wooden packing boxes ......... 25 12 337 vessels .......................... 30a 12 338 violations.. ...... ____ .. . ......... 31 12 338 watchmen in certain buildings .... 21 12 335 Firewood, sale of ..................... 32 26 569 Fireworks. (See Explosives.) Flags (See Streets.) aldennanic ....... 4a 1 11 city ............................. 3 1 11 in city hall ...................... 51 11 mayor's ......................... 4 1 11 Floating-baths ....................... 3 27 571 Flower-pots, prohibited on window ledges. 250 23 540 Food. (See Sanitary Code.) not to be destroyed ............... 9a 27 574 G Garages. (See Explosives.) Glass, not to be thrown on street ....... 253 23 540 Guards necessary for excavations ....... 3 23 497 Hacks, cabs, taxicabs and sight-seeing cars: commissioner of licenses controls ........ 82 14 351 defined, respectively .............. 80 14 350 drivers' licenses: application .................. 90 14 353 applicant's photograph ........ 92 14 354 examination ................. 91 14 354 fee .......................... 96 14 355 form and term ............... 93 14 354 record ....................... 98 14 355 renewal ..................... 95 14 355 revocation ................... 98 14 355 suspension ................... 98 14 355 licensed driver's badge ............ 94 14 354 licensed vehicles, inspection ........ 88 14 353 licenses for vehicles: application .................. 83 14 351 fees ......................... 86 14 352 inspection ................... 84 14 352 license card and plate ......... 85 14 352 register ...................... 87 14 353 revocation ................... 89 14 353 suspension ................... 89 14 353 passengers' property found in, disposi- tion ........................... 107 14 359 public garage .................... 108 14 359 610 INDEX Hacks, etc. Continued: SECTION. CH. PAGE. rates of fare: generally 102 14 357 overcharge - 105 14 359 prepayment 103 14 358 settlement of, disputed 104 14 358 taximeters 101 14 357 soliciting passengers, "cruising" 106 14 359 stands: designation 99 14 355 former, abolished 99 14 355 regulation of hacks at 100 14 356 taximeters, requirements as to 101 14 violations; punishment 109 14 360 Hand organs: must be licensed 170 14 368 restrictions as to operation 171 14 368 Health. (See Sanitary Code.) Hoists, exterior, article 7 14 349 Hospitals: patients in emergency cases 1 13 city employees 5 13 340 incurable 2 13 340 insane 3 13 340 non-resident 4 13 340 Hydrants. (See Water Supply.) Ice. (See Markets.) Incumbrances and obstructions. Streets.) (See Junk dealers, article 9 Juror's fees 14 5 27 360 571- Lamp-posts, erection of ornamental 145 23 Letter-boxes 6 27 Licenses: amusements and exhibitions: common shows 60-62 3 motion pictures 30-44 3 theatres, etc 1-13 3 bathing establishments, article 17 ... 14 business: billiard and pool tables, article 2 bowling alleys, article 3 14 dealers in second-hand articles, article 4 .... dirt carts, article 5 14 516 572 44 38-43 32-38 370 344 344 345 348 INDEX 611 Licenses Continued: SECTION. CH. PAGE. express and expressmen, article 6. 14 348 exterior hoists, article 7 14 349 hacks, cabs and taxicabs, article 8 14 350 junk dealers, article 9 14 360 lessees of tenements, article 16 .. 14 370 pawnbrokers, article 9a 14 362 peddlers, hawkers and venders, article 10 14 363 public carts and cartmen, article 11 14 364 public porters, article 12 14 366 shooting galleries, article 13 14 368 street musicians, article 14. ... 14 368 massage institutes, article 15 ... 14 369 rules and regulations, article 1 14 341 charges 5 14 343 issue 3 14 342 suspension 5 14 343 Lights, fixed in streets, article 11 23 510 Lights necessary for excavations 3 23 497 M Markets (public): general provisions, article 1 15 372 location, article 2 15 373 farmer and market gardens, article 3 15 379 ice, manufacture and sale of, article 4 . 15 380 Massage institutes, article 15 14 369 Mayor, may reward apprehension criminals 130 2 24 Monuments, article 6 23 501 Motion pictures. (See Building Code.) defined 30 3 38 operators of machines 43 3 42 private exhibitions 42 3 42 theatres, to be licensed 31-33 3 39 exceptions 32a 3 39 exits and aisles 34 3 40 films 35 3 40 fire appliances 36 3 40 heating 37 3 40 lighting 38 3 40 public morals 41 3 42 sanitation 40 3 41 ventilating 39 3 40 violations 44 3 43 Motion-picture films. (See Explosives.) Motor vehicles. (See Traffic Regulations, Parks, Streets. Municipal civil service. (See Officers of City.) Municipal explosive regulations. (See Ex- plosives.) 612 INDEX N Navigation. (See Docks.) Noises. (See Sanitary Code.) SECTION. CH. PAGE. generally 130 23 511 hand organs 170 14 368 hospital streets 131 23 511 itinerant musicians 171 14 368 junkmen 512 peddlers, hawkers and venders 133 23 512 rattling metal 135 23 512 school streets 132 23 511 showmen 136 23 512 Numbering houses, article 10 23 509 O Obstructions and incumbrances. (See Streets.) Office-hours of city employees 8 1 12 Officers and employees of city: hours of service, July and August ... 3 16 385 must be residents 1 16 384 reinstatement, fire ahd police: depart- ments 10 16 385 vacations, salaried employees per diem employees 2 16 375-384 Ordinances, proposed, to be printed 61 11 adopted, to be printed 6 1 12 Organ grinders 170 14 368 Ornamental projections 166 23 527 P Packing boxes, permits to store required . 25 12 337 Parks: botanical gardens 71 17 398 building and other projections in, arti- cle 3 1 17 394 games 15a 17 general provisions, article 1 17 386 news-stands . 66-17 17 396 traffic regulations, article 2 390 trees in streets 70 17 397 violations 72 17 Park-streets, projections upon, article 3. . 17 Pavements to be repaired 181 23 Paving sidewalks, article 15 Pawnbrokers, article 9a Peddlers, hawkers and venders, article 10 363 not to make noises 133 23 512 traffic regulations 13 24 545 INDEX 613 SECTION. CH. PAGE. Penalty, fine for all violations 10 27 574 Pistols or revolvers. (See Fire-Arms.) Police and Fire 1,5 19 399 Pool, billiard and, tables, article 2 14 344 Porches. (See Streets.) Porters. (See Public Porters.) Posts and poles 145 23 516 Poultry for sale 34 26 569 Projections and encroachments. (See Streets.) Projections on park-streets 60-62 17 394 Public administrator, article 11 2 28 Public carts and cartmen, article 11 14 364 Public employment bureau, article 12. ... 2 29 Public markets. (See Markets.) Public porters, article 12 14 366 Q Queens, county clerk's fees 7 27 572 R Railroads. (See Sanitary Code.) elevated not to drop articles 1 19 401 grade crossings 32 19 404 Long Island railroad 31 19 403 Park Avenue tunnel 30 19 403 passengers 4 19 401 street: head-lights required 10 19 402 licenses 11 19 402 transfer to car ahead 12 19 389-403 trunk-line road not to block 33 19 404 violations 34 19 404 Real estate. (See Building Zone Law.) Real estate of city, article 3 2 22 Real property, denned 1 1 8 Refuse and rubbish, article 2 22 490 Repeal of existing ordinances 1 28 575 Riverside Drive, street restrictions 62 17 395 Rubbish and refuse, article 2 22 490 Rules of the Road. (See Traffic Regula- tions.) S Safeguards. (See Fire Prevention; Traffic Regulations.) Sanitary Code: adulterated food, sale forbidden .... 139 20 439 614 INDEX Sanitary Code Continued: SECTION. CH. PAGE. alcohol, medicated 130 20 433 denatured 131 20 433 animals: cattle, care of 14, 15 20 contagious diseases 4 20 410 cows, care of 12,13 20 412 dead 9 20 411 dogs, to be muzzled, no nuisance 17, 227 20 413, 461 fowls (live) 19 20 glanders, farcy, testing horses ... 2, 3, 21 20 horses, cattle, etc., yarding of. . . 11 20 412 pigeons 20 20 rabid and vicious 10 20 411 sale of small 18 20 sick and injured 5-8 20 410 bakeries, denned 1 20 406 barber shops regulated 335 20 479 bathing establishments 340, 341 20 bichloride of mercury, sale regulated 125 20 births to be reported 31,33 20 boarding house, defined 1 20 406 buildings: dangerous conditions to health. . 52, 53 20 dwellings 54 20 419 lodging-houses not to be over- crowded 56 20 420 responsibility of owner, lessee, etc. 51 20 roof and sky-lights to be in repair 59 20 schools, churches, etc 57 20 420 sleeping in cellars forbidden. ... 62 20 421 stables 58 20 420 theatres, manufactories, etc 55 20 420 walls and ceilings to be clean ... t 60 20 water tanks on roofs 61 20 businesses forbidden, article 17 20 camps, tents and carbolic acid, sale regulated 123 20 carcasses 172 20 450 chemist, certificate of to be presumptive 188 20 children, care of, article 11 20 456 cold storage: food to be marked 72 20 sold only as such 75 20 time kept 73 20 422 contractors to comply with S. C.. . . . 182 20 dead bodies of human beings, article 3 deaths to be reported 32 20 definitions 1 20 406 diseases, article 7 disinfection of premises 101 20 dispensaries 223 20 461 INDEX 615 Sanitary Code Continued: SECTION. CH. PAGE. drainage, article 14 20 470 drink, food and, article 9 20 436 drugs and medicines, article 8 428 habit forming, article 8a 20 434 eggs, "spots" forbidden 331 20 478 employers to prevent diseases 337 20 479 fats, rendering and melting 329 20 478 false statements 36 20 416 filling in land 252 20 469 food and drink, article 9 20 436 food gelatin 178 20 452 food in cold storage 71 20 421 garbage, article 13 20 463 habit forming drugs 127 20 432 hair brushes and hair cloth 230 20 462 heating of railroad cars, buildings ... 225,304 20 461,475 hospitals to have permits 220 20 460 houseboats 360 20 484 ice cream 170 20 449 adulterated 177 20 451 infectious diseases, article 7 423 inspectors not to be interfered with. . 186 20 455 lodging-house: not to be overcrowded 56 20 420 regulated 334 20 479 manure, article 13 463 manufactories 55 20 420 marriages to be registered 34 20 415 medical examiners, article 6 20 422 meat. (See Food and Drink.) midwifery 196 20 456 milk: adulterated, amended 151 20 443 adulterated skimmed 173 20 450 adulterated prohibited 152 20 bottles and cans amended 159 20 446 buttermilk 158 20 446 condensed 154 20 444 grades and designatives 156, 157 20 445 modified milk 155 20 445 reconstituted 174-176 20 450 medical examiners, duties of 80 20 misfeasance and nonfeasance 181 20 454 noise from animals and birds, forbidden 215 20 noise from bells and gongs forbidden. . 228 20 462 noise from automobiles forbidden. . . . 229 20 462 nuisance. (See Article 13.) from cinders, odors, etc 212 20 458 responsibility owner, lessee, etc. . 51,183 20 418,454 to be abated 185 20 455 dogs not to commit 227 20 461 616 INDEX Sanitary Code Continued: nurses occupations forbidden, article 17. ... offensive materials, article 13 omnibuses, article 15 orders Board of Health to be obeyed. . owner, responsible for nuisances .... oysters. (See Shellfish.) patent medicines physician, defined . physicians to be registered plumbing, article 14 poison, sale regulated public place, defined railroad cars, article 15 refuse, article 13 sale of food and drink 149 school children to have health certif- icates school, requires permits seamen, vessels and, article 18 sewerage, article 14 . .. shellfish slaughtering smoke, dense discharge of, forbidden smoking in subway spitting forbidden , storage. (See Cold Storage.) streets: cleaning regulated dirt not to obstruct obstructions forbidden tents and camps theatre, defined thermometer, clinical tobacco manufacturing towels, not to be used in common. . . trades, what is forbidden, article 17 . undertakers require permit vacant lots, to be fenced and clean . . vessels and seamen, article 18 violations water, drinking, article 9 wood alcohol, sale regulated poisoning, to be reported work-rooms Sales in streets, article 4 Saving clause as to ordinances repealed. . Seal of city Second-hand articles, dealers in, article 4 Sewers and drains: borough presidents' control SECTION. CH. 219 20 20 20 20 184 20 51, 183 20 117 20 1 20 218 20 20 122 20 1 20 20 20 150,160 20 200 20 222 20 20 20 164-171 20 325-327 20 211 20 216 20 213 20 311 20 313 20 312 20 217 20 1 20 190 20 338 ' 20 214 20 20 46 20 251 20 20 224 20 20 124 20 106 20 55 20 23 2 28 2 1 14 1 21 PAGE. 460 476 463 474 455 418, 454 429 406 460 470 431 406 474 463 442 457 460 481 470 448 477 458 459 458 475 475 475 459 406 456 480 459 476 418 469 481 461 436 432 428 420 499 575 9 345 INDEX 617 Sewers and drains Continued: SECTION. CH. PAGE. construction, article 2 21 486 mode and materials 10 21 486 companies to be notified of changes in 14 21 488 injury to 23 21 489 obstructions of 20 21 488 prohibited discharges into; steam and hot water 22 21 488 volatile inflammable oils 21 21 488 violations 24 21 489 water connections 15 21 488 Shows. (See Amusements, Motion Pic- tures; Common Shows.) Showcases 147 23 517 Shooting galleries 160 14 368 Show windows 163 23 526 Sidewalks. (See Streets.) Signals. (See Traffic Regulations.) Signs and show bills. (See Streets ; Electric Signs.) Sinking Fund, regulations, article 1 2 14 Smoke and smoking. (See Sanitary Code.) Snow and ice. (See Street Cleaning.) Speed. (See Traffic Regulations.) Speed of vehicles on bridges 2 4 47 Standard of time fixed 597 Stands within stoop lines 149 23 517 Stoops. (See Streets.) Storm-doors 150 23 521 Street, meaning of 1 1 8 Street railroads. (See Railroads.) Street cleaning: owners to reimburse expense removal 1 22 490 refuse and rubbish, article 2 22 490 snow and ice, article 3 22 492 Street musicians: hand-organ grinders 170 14 368 street musicians 171 14 368 Streets. (See Sanitary Code.) advertising matter, distributing in . . 10 23 498 assemblies: disorderly 23 23 499 public worship 20 23 498 street shows 22 23 499 auctions 30 23 499 awnings 40-44 23 500 barriers, guards and lights 3 23 497 bill-boards (theatrical) 12 23 498 boundaries and monuments 50-52 23 501 cleaning. (See Street Cleaning.) closing, temporarily 1 23 496 construction and repairs 60-65 23 502 618 INDEX Streets Continued: SECTION. CH. PAGE. curbing 62 23 502 debris of construction, removal 65 23 504 disturbance of surface 80-82 23 504 elevated railroads; droppings from. . 1 19 401 excavations, amended 90-98 23 505 flags, display of 24 23 499 flower pots on window ledges 250 23 540 glass, throwing on street 253 23 540 grade crossings 32 19 404 gutter stones 63 23 503 hospital 131 23 511 house numbering 110-112 23 509 landmarks, disturbance 50-52 23 501 lights 120-122 23 510 loafers and loungers 23 23 499 mortar mixing on pavement 142 23 514 monuments, boundaries and, article 6 23 501 motors, warning devices, required. . . . 132a 23 512 musicians 170-171 14 368 naming of, restrictions 254 23 541 noises 130-136 23 511 obstructions and encumbrances 140-152 23 513 barber pole 145 23 516 building materials 142 23 514 earth, rocks and rubbish 143 23 515 hoistways 148 23 517 house-moving 144 23 516 ornamental lamp-posts 145 23 516 posts and poles 145 23 516 railroad trains 33 19 404 removal of 151 23 521 show-cases 147 23 517 stands within stoop-lines 149 23 517 storm-doors 150 23 521 vehicles and merchandise 152 23 522 paving. . . 60 23 502 pipes, mains, laying of, article 19. .. 23 541 projections and encroachments 160-170 23 525 areas 161 23 526 balustrades 162 23 526 bay windows 163 23 526 cellar steps 164 23 527 courtyards 165 23 527 ornamental 166 23 527 park-streets 60-62 17 394 porches, platforms, stoops 167 23 527 restricted streets 160 23 525 show windows 163 23 526 public worship in 20 23 replacement of pavement 96 23 507 restricted against peddlers 133 23 512 INDEX 619 Streets Continued: SECTION. sales (salted meat and fish) 31 school 132 sidewalk bridges 141 sidewalks 141 boardwalks 183 cariageways across 184 composition 180 defacement or injury 187 interference with 186 owners may lay 185 paving 180 owners, duties 181 subway gratings, sweepings into 188a violations 189 signs and show bills: electric signs 215 existing signs 218 general provisions . .. . 210 ground and roof signs 211 ground signs 212 public, protection of 222 roof signs 213 unlawful 217 unsafe 216 wall signs 214 stands within stoop-lines, tan bark, use of . (See Obstructions.) 252 251 throwing missiles forbidden traffic regulations. (See Traffic Regu- lations.) trees and shrubs in 70 unsafe conditions, precautions, article 2 vaults and cisterns 240-244 width (Brooklyn) 64 Sunday amusements, ball games 10, lOa Surface railroads. (See Railroads.) CH. 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 17 23 23 23 3 PAGE. 500 511 514 514 529 529 529 530 530 530 529 529 531 431 534 536 532 532 533 536 533 536 536 534 540 540 397 490 537 503 36 Taxes and assessments: apportionment 266 2 fees for bills and searches 265 2 Taxicabs. (See Hacks.) Tenements, lessees of, article 16 14 Theatres. (See Amusements; Motion Pic- tures; Fire Prevention; Building Code.) Throwing stones, prohibited 251 23 Ticket speculators 12 3 Time, standard of, fixed Traffic regulations: advertising vehicles 30 24 Amboy road, restrictions 30a 24 30 29 370 540 38 597 551 552 620 INDEX Traffic regulations Continued: SECTION. CH. PAGE. bicycles 31 24 552 city owned automobiles 33 24 552 drivers, age limit 10 24 542 driving (rules of the road) 11 24 543 automobile stop signal 11 24 543 crossing streets 11 24 543 keeping to right 11 24 543 meeting 11 24 543 obstructing traffic 11 24 544 overloading team 11 24 544 overtaking 11 24 543 slowing-up signal 11 24 543 slow-moving vehicles 11 24 543 standing at curb 11 24 stopping 11 24 544 stop signal to motor cars 11 24 544 turning 11 24 543 horses, to be fastened 11 24 544 enforcement 42 24 555 ice wagons, projecting scales 35 24 553 lights 12 24 544 marking, when required 40a 24 555 motor vehicle mufflers 36 24 553 Ocean parkway, restrictions. ... 37 24 553 park regulations 30-43 16 390 peddlers, fenders and hawkers: standing 13 24 545 streets restricted against 13 24 545 police to enforce 42 24 555 processions and parades 38 24 554 racing in streets 34 24 553 reasonable care required riding on back of vehicles 14 24 547 right of way, amended 15 24 547 roadway, defined 1 24 542 sidewalks: driving across 16 24 548 obstructing 16 24 548 sleighs, bells required 39 24 555 speed of vehicles: general provisions, amended. ... 17 24 549 approaching bridges 17 24 549 8-mile rate 17 24 548 meeting street cars 17 24 549 on congested streets 17 24 549 overtaking street cars 17 24 549 passing public schools 17 24 549 turning corners 17 24 549 unrestricted vehicles 17 24 550 stops, amended 18 24 550 trade wagons 40 24 555 INDEX 621 Traffic regulations Continued: SECTION. CH. PAGE. vehicles: defined 1 24 542 marking of, required 40a 24 555 obstructing sidewalks 16 24 548 Traffic regulations in parks, article 2 17 390 U Uniformed force, article 2 18 399 V Vaults and cisterns, article 17 23 537 Vehicles. (See Traffic Regulations.) Vessels. (See Docks.) Violations. (See separate articles.) fine for 10 27 574 W Waste material, sale of 11 1 13 Water front property. (See Docks.) Water front property, meaning of 1 1 8 Water supply: general provisions, article 1 25 556 rents and charges, article 2 25 557 use: private traffic in 41 25 560 washing down from house con- nections 42 25 561 watering horses 44 25 561 Weights and measures: bureau, power and duties, article 1 . . 26 562 regulation and testing, article 2 . . 26 563 coal 31 26 566 Wharfage. (See Docks.) Z Zone Law. (See Building Zone Law.) 62( TJT RETURN CIRCULATION DEPARTMENT TO* 202 Main Library LOAN PERIOD 1 HOME USE 2 3 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 1 -month loans may be renewed by calling 642-3405 6-month loans may be recharged by bringing books to Circulation Desk Renewals and recharges may be made 4 days prior to due date DUE AS STAMPED BELOW DEC 171981 RETP DEC 1 8 188 HAR09WM LIAR 09 1991 ADTODISCMAR23'90 ntu 1 itfWK JUU * * * UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD6, 60m, 12/80 BERKELEY, CA 94720 UNIVERSITY OF CALIFORNIA LIBRARY