LIBRARY 
 
 UNIVERSITY OF CALIFORNIA 
 
 GIFT OF" 
 
 Class 
 

 U/1 ' SITY 
 
 N 
 
 PROPOSED 
 
 Building Law for Medium Sized Cities 
 
 AS DRAFTED BY 
 
 A COMMISSION APPOINTED 
 
 PURSUANT TO 'CHAPTER 579, LAWS OF 1892 OF 
 NEW YORK STATE. 
 
 MEMBERS OF THE COMMITTEE. 
 
 WM. J. FRYER AND CORNELIUS O'REILLY OF NEW YORK CITY, 
 AND LEON STERN OF ROCHESTER. 
 
 Issued June, 1893, by the Committee on Construction of Buildings 
 of the National Board of Fire Underwriters, and recommended for adoption 
 by cities in the United States having no adequate Building Regulations. 
 
 JOHN W. MURRAY, Chairman. 
 GEO. R. CRAWFORD, New York. 
 M. BENNETT, JR., Hartford. 
 GEO. H. FROST, New Orleans. 
 JEFFREY BEAVAN, New York. 
 
 Committee. 
 
W. T. CHATTERLEY, 
 
 Stationer and Printer, 
 45 Liberty Street, New York. 
 
[Assembly Bill No. 919, introduced Feb. 21, 1893.] 
 
 AN ACT 
 
 To provide for the construction, regulation and inspection of 
 buildings, and the more effectual prevention of fires and 
 the better protection of life and property therein, in the 
 several cities of the State, except the cities of New York 
 and Brooklyn. 
 
 The People of the State of New York, represented in Senate and Assembly, 
 do enact as follows : 
 
 SECTION i. There are hereby enacted three classes of laws relating to 
 the construction, regulation, survey and inspection of buildings to be 
 known as title one, title two and title three of this act, which shall respec- 
 tively apply to every city, according to its population, in this State, except 
 the cities of New York and Brooklyn, which are hereby excepted from the 
 operation of this act. Title one shall apply to all cities having a population 
 exceeding seventy-five thousand inhabitants, namely, *****. 
 Title two shall apply to all cities having a population exceeding thirty 
 thousand, but not exceeding seventy-five thousand inhabitants, and shall be 
 deemed to include the cities of ***** . Title three shall apply 
 to all cities having a population less than thirty thousand inhabitants, and 
 shall include the cities of * * * * . 
 
 2. When any village or town within this State shall hereafter be 
 incorporated as a city, such city shall become subject to the provisions of 
 title three of the laws hereby provided. 
 
 3. When any city named in title two is hereafter shown by an 
 enumeration of the inhabitants of this State to have a population in excess 
 of seventy-five thousand inhabitants, then any said city having thus in- 
 creased in population shall become subject to the provisions of title one of 
 this act, and in similar manner any city named in title three, which may 
 hereafter be shown by such enumeration to have increased in population 
 beyond a total population of thirty thousand inhabitants, shall become 
 subject to the provisions of title two of this act. 
 
 4. The three classes of laws hereby provided in their application to 
 the several cities are intended to and shall supersede any and all charter 
 provisions or ordinances made thereunder relating to the construction, 
 regulation, survey and inspection of buildings. So much of any and all 
 
 112693 
 
acts as are inconsistent with the provisions of this act are hereby repealed, 
 and any and all regulations or ordinances, or parts of same, made by the 
 Common Council or other authorities of any city, to which one of the three 
 classes of laws hereby provided is to apply, are hereby declared void and of 
 no effect, so far as they or any of them may be inconsistent with the 
 provisions of this act. 
 
 5. It shall be the duty of the Mayor and Common Council, or of the 
 Fire Department, as the case may be, in each of the several cities in this 
 State, to provide for the enforcement of such one of the three classes of 
 laws relating to buildings as by this act created is to apply to any said city. 
 The expenses thereof shall be provided for in the same manner as other 
 expenses of such city government. 
 
 6. The provisions of this act shall not apply to buildings or 
 structures belonging to or that may hereafter be erected by the United 
 States or the State of New York. 
 
 TITLE I. 
 
 RELATING TO CITIES HAVING A POPULATION EXCEEDING 
 SEVENTY-FIVE THOUSAND INHABITANTS. 
 
 7. There is hereby created in each of the cities named in Section 
 One of this Act, to which Title One is to apply, a " Department of 
 Buildings," which shall be charged with the enforcement of the provisions 
 of this act, as hereby provided for the survey and inspection of buildings. 
 
 8. Within thirty days after this act shall take effect, the Mayor of 
 said city shall nominate and, by and with the consent of the Common 
 Council, appoint a Chief Officer for the Department of Buildings hereby 
 created, who shall be called the Superintendent of Buildings. He shall be 
 subject to removal by the Mayor after written charges have been preferred 
 against him and after he has had an opportunity to be heard thereon. He 
 shall hold his office for three years and until his successor be appointed, 
 unless sooner removed, and shall be paid such salary as the proper 
 municipal authorities shall determine. Said superintendent shall have 
 power to appoint a deputy superintendent, inspectors, clerks and employees 
 in such number and at such compensation as may be approved by the 
 proper municipal authorities. The said department shall be furnished, at 
 the expense of the city, with office room, and supplied with furniture, 
 books, blanks, stationery and other supplies as may be necessary for the 
 proper transaction of its business 
 
 9. Within the fire limits of said city, as they now are or may here- 
 after be established by the Common Council of said city, no frame or 
 wooden building shall hereafter be built, except as in this title authorized. 
 
 10. The walls of all buildings, other than frame or wooden build- 
 ings, shall be constructed of stone, brick, iron or other hard incombustible 
 material, and the several component parts of such buildings shall be as 
 herein provided. 
 
 ii. No wall, structure, building, or part thereof, shall hereafter be 
 built or constructed within said city, except in conformity with the pro- 
 visions of this title. No building already erected or hereafter to be built, in 
 
said city, shall be raised, altered or built upon, in any manner that would be 
 in violation of any of the provisions of this title. 
 
 12. All excavations shall be properly guarded and protected by the 
 person or persons causing the excavation to be made, so as to prevent the 
 same trom becoming dangerous to life or limb, and shall be sheet-piled 
 where necessary to prevent the adjoining earth from caving in. Whenever 
 an excavation of either earth or rock for building or other purposes shall be 
 intended to be, or shall be, carried to the depth of more than ten feet below 
 the street curb, the person or persons causing such excavation to be made 
 shall at all times, from the commencement until the completion thereof, if 
 afforded the necessary license to enter on the adjoining land, and not other- 
 wise, at his or their own expense, preserve any adjoining or contiguous 
 wall or walls from injury, and support the same by proper foundations, so 
 that the said wall or walls shall be and remain practically as safe as before 
 such excavation was commenced, whether the said adjoining or contiguous 
 wall or walls are down more or less than ten feet below the street curb. If 
 such excavation shall not be intended to be, or shall not be, carried to a 
 depth of more than ten feet below the street curb, the owner or owners of 
 such adjoining or contiguous wall or walls shall preserve the same from 
 injury, and so support the same by proper foundations that it or they shall 
 be and remain practically as safe as before such excavation was commenced, 
 and shall be permitted to enter upon the premises where such excavation is 
 being made for that purpose, when necessary. In case an adjoining party 
 wall is intended to be used by the person or persons causing the excavation 
 to be made, and such party wall is in good condition and sufficient for the 
 uses of the adjoining building, then, and in such case, the person or 
 persons causing the excavations to be made shall, at his or their own 
 expense, preserve such party wall from injury and support the same by 
 proper foundations, so that said party wall shall be and remain practically 
 as safe as before the excavation was commenced. If the person or persons 
 whose duty it shall be to preserve or protect any wall or walls from injury 
 shall neglect or fail so to do, after having had a notice of twenty-four hours 
 from the superintendent of buildings, then the superintendent of buildings 
 may enter upon the premises and employ such labor and furnish such 
 materials, and take such steps as, in his judgment, may be necessary to 
 make the same safe and secure, or to prevent the same from becoming 
 unsafe or dangerous, at the expense of the person or persons whose duty it 
 is to keep the same safe and secure. Any party doing the said work, or any 
 part thereof, under and by direction of the said superintendent, may bring 
 and maintain an action against the person or persons last herein referred 
 to, to recover the value of the work done and materials furnished, in and 
 about the said premises, in the same manner as if he had been employed to 
 do the said work by the said person or persons. When an excavation is 
 made on any lot, and it is intended to use part of such excavation, on either 
 the side or rear of the lot, as an area, or space for light and air, the person 
 or persons causing such excavation to be made shall build at his or their 
 own cost and expense, a retaining wall of sufficient strength to support the 
 adjoining earth; and such retaining wall shall be carried to the height of 
 the adjoining earth, and be properly protected or capped on top, 
 
 13. Every building, except buildings erected upon wharves or piers 
 
on a water-front, shall have foundations laid not less than four feet below 
 the surface of the ground, on the solid earth or on level surface of rock, or 
 upon piles or ranging timbers when solid earth or rock is not obtainable for 
 foundations. Piles intended for a wall, pier or post to rest upon, shall not 
 be less than five inches in diameter at the smallest end, and shall be spaced 
 not more than thirty-six inches on centres, or nearer if required by the 
 superintendent of buildings, and shall be driven to a solid bearing. No 
 pile shall be weighted with a load exceeding forty thousand pounds. The 
 tops of all piles shall be cut off below the lowest water line. When 
 required, concrete shall be rammed down in the interspaces between the 
 heads of the piles to a depth and thickness of not less than twelve inches 
 and for one foot in width outside of the piles. Where ranging and capping 
 timbers are laid on piles for foundations, they shall be of hard wood, not 
 less than six inches thick, and properly joined together and their tops laid 
 below the water line. When crib footings of iron or steel are used below 
 the water level, the same shall be entirely coated with coal tar, paraffine 
 varnish, or other suitable preparation before being placed in position. 
 When footings of iron or steel for columns are placed below the water level, 
 they shall be similarly coated for preservation against rust. Foundation 
 walls shall be construed to include all walls and piers built below the curb 
 level or nearest tier of beams to the curb, to serve as supports for walls, 
 piers, columns, girders, posts or beams. Foundation walls shall be built of 
 stone or brick. If built of stone, they shall be at least eight inches thicker 
 than the wall next above them to a depth of twelve feet below the curb 
 level; and for every additional ten feet, or part thereof, deeper, they shall 
 be increased four inches in thickness. If built of brick, they shall be at 
 least four inches thicker than the wall next above them to a depth of 
 twelve feet below the curb level; and for every additional ten feet, or part 
 thereof, deeper, they shall be increased four inches in thickness. The foot- 
 ing or base course shall be of stone or concrete, or both, or of concrete and 
 stepped-up brickwork, of sufficient thickness and area to safely bear the 
 weight to be imposed thereon; if the footing or base course be of concrete, 
 the concrete shall not be less than twelve inches thick; if of stone, the 
 stones shall not be less than two by three feet, and at least eight inches in 
 thickness for walls, and at least twelve inches wider than the bottom width 
 of said walls, and not less than ten inches in thickness if under piers, 
 columns, or posts, and at least twelve inches wider on all sides than the 
 bottom width of said piers, columns or posts. All base stones shall be well 
 bedded and laid crosswise, edge to edge. If stepped-up footings of brick 
 are used in place of stone, above the concrete, the off-sets, if laid in single 
 courses, shall each not exceed one and one-half inches, or if laid in 
 double courses shall not exceed three inches, starting with the brickwork 
 covering the entire width of the concrete, so as to properly distribute the 
 load to be imposed thereon. If, in place of a continuous foundation wall, 
 isolated piers are to be built to support the superstructure, where the nature 
 of the ground and the character of the building make it necessary, inverted 
 arches shall be turned between the piers, at least twelve inches thick and of 
 the full width of the piers, and resting upon a continuous bed of concrete of 
 sufficient area, and at least eighteen inches thick; or two footing courses of 
 large stone may be used, the bottom course to be laid crosswise, edge to 
 
edge, and the top course laid lengthwise, end to end; or one course of 
 concrete and one course of stone. The stone shall not be less than ten 
 inches thick in each course, and the concrete shall not be less than eighteen 
 inches thick, and the area of the lower course shall be equal to the area of 
 the base course that would be required under a continuous wall, and the 
 outside pier shall be secured to the second piers with suitable iron rods 
 and plates. All stone walls twenty-four inches or less in thickness shall 
 have at least one header extending through the^wall in every three feet in 
 height from the bottom of the wall, and in every four feet in length, and if 
 over twenty-four inches in thickness, shall have one header for every six 
 superficial feet on both sides of the wall, laid on top of each other to bond 
 together, and running into the wall at least two feet. All headers shall be 
 at least eighteen inches in width and eight inches in thickness and consist 
 of good flat stones. No stone shall be laid in such walls in any other 
 position than on its natural bed. Before the walls of buildings are carried 
 up above the foundation walls, the cellars shall be connected with the street 
 sewers. Should there be no sewer in the street, or if the cellars are below 
 water, or below the sewer level, then provision shall be made by the owner 
 to prevent water accumulating in the cellars to the injury of the foundations. 
 
 14. In buildings where the space under the sidewalk is utilized, a 
 sufficient stone or brick wall shall be built to retain the roadway of the 
 street, and the side, end or party walls of such building shall extend under 
 the sidewalk of sufficient thickness to such wall. The roofs of all vaults 
 shall be of incombustible material. Openings in the roofs of vaults for the 
 admission of coal or light shall be covered with glass to measure not more 
 than four square inches each, set in iron frames or with iron covers having 
 a rough surface, and rabbetted flush with the sidewalk. When areas are 
 covered over, iron, or iron and glass combined, stone or other incombustible 
 materials shall be used, and sufficient strength in such covering shall be 
 provided to insure safety to persons walking on the same, and to carry the 
 loads which may be placed thereon. Open areas shall be properly protected 
 with suitable railings. 
 
 15. The basement walls of dwelling houses, not over thirty-five feet 
 in height, and not over twenty feet in width, nor more than forty five feet 
 in depth shall not be less than twelve inches thick, if of brick. The upper 
 walls shall not be less than eight inches thick; but no party wall in any such 
 building shall be less than twelve inches thick. The walls of all dwelling- 
 houses, whether called tenement-houses, apartment-houses, flats, hotels or 
 other buildings which are to be used for residence purposes, twenty- six 
 feet or less in width between bearing walls, and also the walls of school- 
 houses, which are hereafter erected, or which may be altered to be used as 
 herein specified, over thirty-five feet in height and not over fifty feet in 
 height, shall not be less than twelve inches thick above the foundation wall; 
 but no wall shall be built having a twelve-inch thick portion measuring 
 vertically more than fifty feet. If over fifty feet in height and not over sixty 
 feet in height, the walls shall not be less than twelve inches thick above the 
 basement, if a high stoop house, and not less than sixteen inches thick in 
 the first story, if not a high stoop house. If over sixty feet in height, and 
 not over seventy-five feet in height, the walls shall not be less than sixteen 
 inches thick to the height of twenty-five feet, or to the nearest tier of beams 
 
8 
 
 to that height, and from thence not less than twelve inches thick to the top. 
 If over seventy-five feet in height, and not over eighty-five feet in height, the 
 walls shall not be less than twenty inches thick to the height of twenty feet, 
 or to the nearest tier of beams to that height, thence not less than sixteen 
 inches thick to the height of sixty feet, or to the nearest tier of beams to that 
 height, and from thence net less than twelve inches thick to the top. If 
 over eighty-five feet in height and not over one hundred feet in height, the 
 walls shall not be less than twenty-four inches thick to the height of thirty- 
 five feet, or to the nearest tier of beams to that height, thence not less than 
 twenty inches thick to the height of seventy-five feet, or to the nearest tier 
 of beams to that height, and from thence not less than sixteen inches thick 
 to the top. If over one hundred feet in height and not over one hundred 
 and fifteen feet in height, the walls shall not be less than twenty-eight 
 inches thick to the height of twenty-five feet, or to the nearest tier of beams 
 to that height, thence not less than twenty-four inches thick to the height of 
 fifty feet, or to the nearest tier of beams to that height; thence not less than 
 twenty inches thick to the height of ninety feet, or to the nearest tier of 
 beams to that height, and from thence not less than sixteen inches thick to 
 the top. If over one hundred and fifteen feet in height, each additional 
 twenty-five feet in height or part thereof, next above the curb, shall be 
 increased four inches in thickness, the upper one hundred and fifteen feet 
 of wall remaining the same as specified for a wall of that height. All non- 
 bearing walls of buildings hereinbefore in this section specified may be four 
 inches less in thickness, provided, however, that none are less than twelve 
 inches thick, except as hereinafter specified. Eight-inch brick partition 
 walls may be built to support the beams in such buildings in which the 
 distance between the walls is not over thirty-three feet; provided, that no 
 clear span is over twenty-six feet; but no such partition wall shall be built 
 having an eight-inch thick portion measuring vertically more than fifty feet. 
 This clause shall not be construed to prevent the use of iron girders or iron 
 girders and columns, or piers of masonry, for the support of the walls and 
 ceiling over any room which has a clear span of more than twenty-six feet 
 between walls. If the clear span is to be over twenty-six feet, then the 
 bearing walls shall be increased four inches in thickness for every twelve 
 and one-half feet or part thereof, that said span is over twenty-six feet. 
 Whenever two or more dwelling-houses shall be constructed, not over 
 twelve feet six inches in width, and not over fifty feet high, the alternate 
 centre wall between any two such houses shall be of brick, not less than 
 eight inches thick above the foundation wall; but no such wall shall have 
 an eight-inch thick portion measuring vertically more than fifty feet; and 
 the end of the floor beams shall be so separated that four inches of brick- 
 work will be between the beams where they rest on the said centre wall. 
 In no case shall either end of a floor beam or beams rest on stud 
 partitions. 
 
 16. The walls of warehouses, stores, factories, and stables, twenty- 
 five feet or less in width between walls or bearings, shall not be less than 
 twelve inches thick to the height of forty feet. If over forty feet in height, 
 and not over sixty feet in height, the walls shall not be less than sixteen 
 inches thick to the height of forty feet, or to the nearest tier of beams to that 
 height, and not less than twelve inches thick from thence to the top. If 
 
over sixty feet in height, and not over seventy-five feet in height, the walls 
 shall not be less than twenty inches thick to the height of twenty-five feet 
 or to the nearest tier of beams to that height, and from thence not less than 
 sixteen inches thick to the top. If over seventy-five feet in height and not 
 over eighty-five feet in height, the walls shall not be less than twenty-four 
 inches thick to the height of twenty feet, or to the nearest tier of beams to 
 that height; thence not less than twenty inches thick to the height of sixty 
 feet, or to the nearest tier of beams to that height, and thence not less than 
 sixteen inches thick to the top. If over eighty-five feet in height and not over 
 one hundred feet in height, the walls shall not be less than twenty-eight inches 
 thick to the height of twenty-five feet, or to the nearest tier of beams to that 
 height; thence not less than twenty-four inches thick to the height of fifty 
 feet, or to the nearest tier of beams to that height; thence not less than 
 twenty inches thick to the height of seventy-five feet, or to the nearest tier 
 of beams to that height, and thence not less than sixteen inches thick to the 
 top. If over one hundred feet in height, each additional twenty-five feet in 
 height, or part thereof, next above the curb, shall be increased four inches 
 in thickness, the upper one hundred feet of wall remaining the same as 
 specified for a wall of that height. If there is to be a clear span of over 
 twenty-five feet between walls, the bearing walls shall be four inches more 
 in thickness than is in this section specified, for every twelve and one-half 
 feet, or fraction thereof, that said walls are more than twenty-five feet 
 apart. All buildings, not excepting dwellings, that are over one hundred 
 and five feet in depth, without a cross wall, or proper piers or buttresses, 
 shall have the side or bearing walls increased in thickness four inches more 
 than is specified in the respective sections of this title for the thickness of 
 walls for every one hundred and five feet, or part thereof, that the said 
 buildings are over one hundred and five feet in depth. In all stores, ware- 
 houses and factories over twenty-five feet in width between walls in which 
 there shall be brick partition walls, or girders supported on iron or wooden 
 columns, or piers of masonry, the partition walls or girders, shall be so 
 placed that the space between any two partition walls, or girders, shall not 
 exceed twenty-five feet, and the iron or wooden columns, or piers of 
 masonry, and girders, shall be made of sufficient strength and size to bear 
 safely the weight and any lateral strain to be imposed upon them. In case 
 iron or wooden girders, supported by iron or wooden columns, or piers of 
 masonry, are substituted in place of brick partition walls, the building shall 
 not exceed ten thousand feet area on the ground floor, except in case of 
 fire-proof buildings which may be constructed as hereinafter provided for 
 in section twenty-three of this title. In case the walls of any building are 
 less than twenty-five feet apart, and less than, forty feet in depth, or there 
 are cross walls which intersect the wall, not more than forty feet distant or 
 between the same, or piers or buttresses built into the walls, the interior 
 walls may be reduced in thickness in just proportion to the number of cross 
 walls, piers or buttresses, and their nearness to each other: provided, how- 
 ever, that this clause shall not apply to walls below sixty feet in height, and 
 that no such wall shall be less than twelve inches thick at the top, and 
 gradually increased in thickness by set-offs to the bottom; and the superin- 
 tendent of buildings is hereby authorized and empowered to decide (except 
 where herein otherwise provided for) how much the walls herein mentioned 
 
10 
 
 may be permitted to be reduced in thickness, according to* the peculiar 
 circumstances of each case, without endangering the strength and safety of 
 the building. The walls of churches, theatres, foundries, machine-shops, 
 car or stage-houses, armories, public markets not over two stories in height, 
 and other buildings of a public character shall in no case be less than is in 
 this act specified for warehouses; and said buildings shall have, in addition 
 thereto, such piers or buttresses as, in the judgment of the superintendent 
 of buildings, may be necessary to make a safe and substantial building. 
 One-story structures, not exceeding a height of fifteen feet, may be built 
 with eight-inch walls when the bearing walls are not more than nineteen 
 feet apart, and the length of the eight-inch bearing wall do'es not exceed 
 forty-five feet. Curtain walls of brick, built in between iron or steel 
 columns, and supported wholly or in part on iron or steel girders, shall not 
 be less than twelve inches thick for fifty feet of the uppermost height 
 thereof, or to the nearest tier of beams to that measurement, in any building 
 so constructed, and every lower section of fifty feet, or to the nearest tier of 
 beams to such vertical measurement, or part thereof, shall have a thickness 
 of four inches more than is required for the section next above it, down to 
 the tier of beams nearest to the curb level; and thence downward the thick- 
 ness of walls shall increase in the ratio prescribed in section thirteen of 
 this title for the thickness of foundation walls. 
 
 17. In all walls the same amount of materials may be used in piers 
 or buttresses. Curtain walls may be made four inches less in thickness 
 than is specified respectively for walls of dwellings, and buildings other 
 than dwellings. If any horizontal section through any part of any bearing 
 wall in any building shows more than twenty-five per centum area of flues 
 and openings, the said wall shall be increased four inches in thickness for 
 every ten per centum, or fraction thereof, or flue or opening area in excess 
 of twenty-five per centum. All piers shall be built of stone or good, hard, 
 well-burnt brick laid in cement mortar. Every pier built of brick, con- 
 taining less than nine superficial feet at the base, supporting any beam, 
 girder, arch or column on which a wall rests, or lintel spanning an opening 
 over ten feet and supporting a wall, shall at intervals of not over thirty 
 inches apart in height have built into it a bond stone not less than four 
 inches thick, or a cast-iron plate of sufficient strength, and the full size of 
 the piers. Isolated brick piers shall not exceed in height eight times their 
 least dimensions. Stone piers or posts for the support of posts or columns 
 above shall not be used in the interior of any building. Where walls or 
 piers are built of coursed stone, with dressed level beds and vertical joints, 
 the superintendent of buildings shall have the right to allow such walls or 
 piers to be built of a less thickness than specified for brick work, but in no 
 case shall said walls or piers be less than three-quarters of the thickness 
 provided for brick work. In all brick walls every sixth course shall be a 
 heading course, except where walls are faced with brick in running bond, 
 in which latter case every sixth course shall be bonded into the backing by 
 cutting the course of the face brick and putting in diagonal headers behind 
 the same, or by splitting the face brick in half and backing the same with a 
 continuous row of headers. All stone used for the facing of any building, 
 and known as ashlar shall not be less than four inches thick. Stone 
 ashlar shall be anchored to the backing and the backing shall be of such 
 
II 
 
 thickness as to make the walls (independent of the ashlar) conform to the 
 thickness required by sections fifteen and sixteen of this title. Iron ashlar 
 plates used in imitation of stone ashlar on the face of a wall shall be backed 
 up with the same thickness of brick work as stone ashlar. Walls heretofore 
 built for or used as party walls, whose thickness at the time of their 
 erection was in accordance with the requirements of the then existing laws, 
 but which are not in accordance with the requirements of this title, may be 
 used if in good condition for the ordinary uses of party walls, provided the 
 height of the same be not increased. In case it is desired to increase the 
 height of existing party or independent walls, which walls are less in 
 thickness than required under this title, the same shall be done by a lining 
 of brick work to form a combined thickness with the old wall of not less 
 than four inches more than the thickness required for a new wall corres- 
 ponding with the total height of the wall when so increased in height. The 
 said linings shall be supported on proper foundations and carried up to 
 such height as the superintendent of buildings may require. No lining 
 shall be less than eight inches in thickness, and all lining shall be laid up 
 in cement mortar and thoroughly anchored to the old brick walls with 
 suitable wrought iron anchors, placed two feet apart and properly fastened 
 or driven into the old walls in rows alternating vertically and horizontally 
 with each other, the old walls being first cleaned of plaster or other coat- 
 ings where any lining is to be built against the same. In no case shall any 
 wall or walls of any building be carried up more than two stories in advance 
 of any other wall, except by permission of the superintendent of buildings. 
 The front, rear, side and party walls shall be properly bonded together, or 
 anchored to each other every six feet in their height by wrought-iron tie 
 anchors, not less than one and a half inches by three-eights of an inch in 
 size, and not less than twenty-four inches long. The walls of every build- 
 ing, during the erection or alteration thereof, shall be strongly braced from 
 the beams of each story, and when required, shall also be braced from the 
 outside, until the building is inclosed. The roof tier of wooden beams 
 shall be safely anchored, with plank or jist, to the beams of the story 
 below until the building is inclosed. 
 
 18. The walls of all buildings below the curb level, or the first tier 
 of floor beams nearest thereto, shall be laid in cement mortar, and the 
 backing up of all stone ashlar shall also be laid up with cement mortar, or 
 cement mortar and lime mortar mixed, but this shall not prohibit the 
 parging of the back of the ashlar with lime mortar. All other walls built of 
 brick or stone shall be laid in lime or cement mortar, or in lime and cement 
 mortar mixed. In all walls that are built hollow, the same quantity of 
 stone or brick shall be used in their construction as if they were built solid, 
 as in this title provided, and no hollow wall shall be built unless the parts 
 of same are connected by proper ties, either of brick, stone or iron, placed 
 not over twenty-four inches apart. The inside four inches of all walls may 
 be built of hard-burnt hollow clay or porous terra cotta blocks, properly 
 tied and bonded into the wall, and of the dimensions of ordinary bricks. 
 All exterior and division or party walls over fifteen feet high, excepting 
 where such walls are to be finished with cornices, gutters or crown mold- 
 ings, shall have parapet walls carried two feet above the roof, and shall be 
 coped with stone, well-burnt terra cotta or cast iron. Recesses for stair- 
 
12 
 
 ways or elevators may be left in the foundation or cellar walls of all build- 
 ings, but in no case shall the walls be of less thickness than the walls of 
 the third story, unless reinforced by additional piers, with iron girders or 
 iron columns and girders, securely anchored to walls on each side of recess. 
 No chase for water or other pipes shall be made in any wall more than one- 
 third of its thickness, and the chases around said pipe or pipes shall be 
 filled up with solid masonry for the space of one foot at the top and bottom 
 of each story. Recesses for alcoves and similar purposes shall in no case 
 have less than eight inches of brick work at the back of such recesses, and 
 provided that such recesses shall not be more than eight feet in width, and 
 shall be arched over and not carried up higher than eighteen inches below 
 the bottom of the beams of the floor next above. The aggregate area of 
 recesses in any wall shall not exceed one-fourth of the whole area of the 
 face of the wall on any story, nor shall any such recess be made within a 
 distance of six feet from any other one in the same wall. In all furred or 
 studded walls the course of brick above the under side and below the top 
 of each tier of floor beams shall project the thickness of the furring or 
 studs, to more effectually prevent the spread of fire. The walls and piers 
 of all buildings shall be properly bonded and solidly put together with 
 close joints filled with mortar. They shall be built to a line and be carried 
 up plumb and straight. The walls of each story shall be built up the full 
 thickness to the top of the beams above. All brick laid in non-freezing 
 weather shall be well wet immediately before being laid. Walls or piers, 
 or parts of walls or piers, shall not be built in freezing weather, and if 
 frozen, shall not be built upon. The brick used in all buildings shall be 
 good, hard, well-burnt brick. The sand used for mortar in all buildings 
 shall be clean, sharp, sand, and shall not be finer than the standard 
 samples kept in the office of the superintendent of buildings. Cement 
 mortar shall be made of sand and cement in the proportion of not more 
 than three parts of sand to one part of cement and shall be used immedi- 
 ately after being mixed. Lime mortar shall be made of not more than four 
 parts of sand to one part of lime, and shall not be used until thoroughly 
 slaked. Cement and lime mortar shall be made of one part of lime, one 
 part of cement and three parts of sand to each. Concrete for foundations 
 shall be made of one part of cement, two parts of sand and five parts of 
 small, clean broken stone, or one-half of the five parts may be clean gravel 
 and the other half small, clean broken stone, all carefully mixed. 
 
 19 Every building hereafter altered to be occupied as a hotel, and 
 every building hereafter erected or altered to be occupied as a lodging- 
 house, and every tenement-house, apartment-house and dwelling-house five 
 stories in height, or having a basement and four stories in height above a 
 cellar, hereafter erected or altered to be occupied by one or more families 
 on any floor above the first, shall have the first floor above the cellar or 
 lowest story constructed fire-proof with iron or steel beams and brick 
 arches. The stairs from the cellar or lowest story to the fire-proof floor 
 next above, when placed within any such building, shall be inclosed with 
 brick walls. The opening through the brick wall of such inclosure 
 into the lowest story shall have an iron door or a tin-covered wooden door 
 constructed as hereinafter described in section thirty of this title, and shall 
 be self-closing. Every such building exceeds five stories in height, or 
 

 having a basement and five stories in height above a cellar, shall be 
 constructed as in this section before described, and shall also have the 
 halls and stairs inclosed with twelve-inch brick walls. Eight-inch brick walls 
 not exceeding fifty feet in their vertical measurement, may inclose said halls 
 and stairs, and be used as bearing walls where the distance between the out- 
 side bearing walls does not exceed thirty-three feet and the area between 
 the said brick enclosure walls does not exceed two hundred superficial 
 feet. The floors, stairs and ceilings in said halls and stairways shall be 
 made of iron, brick, stone or other hard incombustible materials, excepting 
 that the flooring and sleepers underneath the same may be of wood and the 
 treads and handrails of tht stairs may be of hard wood, provided that 
 where wooden treads are used the underside of the stairs shall be entirely 
 lathed with iron or wire lath and plastered thereon, or covered with metal. 
 At least one flight of such stairs in each of said buildings shall extend to 
 the roof, and be inclosed in a bulkhead built of fire-proof materials. 
 When the said halls and stairways are placed centrally in or back from 
 the front line of the building, a connecting fire-proof hallway inclosed with 
 brick walls shall be provided on the first story and extend to the street. 
 In every building hereafter erected, all the walls or partitions forming 
 interior light or vent shafts shall be built of brick, or such other fire-proof 
 materials as may be approved by the superintendent of buildings. The 
 walls of all light or vent shafts, whether exterior or interior, hereafter 
 erected, shall be carried up not less than three feet above the level of the 
 roof. Eight-inch brick and six-inch and four-inch hollow tile partition 
 walls of hard-burnt clay, or porous terra cotta, may be built, not exceeding 
 in their vertical portion a measurement of fifty, thirty-six and twenty-four 
 feet respectively, and in their horizontal measurement a length not exceed- 
 ing seventy-five feet, unless strengthened by proper cross walls, piers or 
 buttresses bonded into same. All such walls shall be carried on proper 
 foundations, or on iron girders, or on iron girders and columns or piers of 
 masonry. One line of fore and aft partitions in the cellar or lowest story, 
 supporting stud partitions above, in all buildings over eighteen feet between 
 bearing walls in the cellar or lowest story, hereafter erected, shall be con- 
 structed of brick, not less than eight inches thick, or piers of brick with 
 openings arched over below the underside of the first tier of beams, or piers 
 of brick, or iron columns, with wooden girders when the first tier of floor 
 beams are of wood, or iron or steel girders when the floor beams are of iron 
 or steel, or rolled iron or steel beams of sufficient strength to span the 
 entire width for the first tier of beams may be used, and the stairs shall be 
 inclosed by a suitable brick wall carried up to the top of the tier of beams 
 nearest the curb line. Fore and aft stud partitions and such other main 
 stud partitions as may be required by the superintendent of buildings, 
 which may be placed in the cellar or lowest story of any building, shall 
 have good solid stone or brick foundation walls under the same, which 
 shall be built up to the top of the floor beams or sleepers, and the sills of 
 said partitions shall be of locust or other suitable hardwood; but if the 
 walls are built five inches higher of brick than the top of the floor beams or 
 sleepers, any wooden sill may be used on which the studs shall be set. 
 Fore and aft stud partitions that rest directly over each other shall run 
 through the wooden floor beams and rest on the plate of the partition 
 
14 
 
 below, and shall have the studding filled in solid between the uprights to 
 the depth of the floor beams with brick laid in mortar or other suitable in- 
 combustible materials. All girders supporting the first tier of wooden 
 beams in buildings shall be supported by brick piers, or iron, locust or 
 other suitable hard wood, posts of sufficient strength on proper foun- 
 dations. The floor of the cellar or lowest story in every dwelling-house, 
 tenement-house, apartment-house, lodging-house and hotel hereafter 
 erected, shall be concreted with suitable materials not less than three 
 inches thick. The ceiling over every cellar or lowest floor in dwelling- 
 houses more than three stories in height, when the beams are of wood, 
 shall be lathed with metal lath and plastered thereon with two coats of 
 brown mortar of good materials. When wood wainscoting is used, in any 
 building hereafter erected, the surface of the wall or partition behind such 
 wainscoting shall be plastered down to the floor line, and any intervening 
 space between the said plastering and wainscoting shall be filled in solid 
 with incombustible material. 
 
 20. Openings for doors and windows in all buildings, except as 
 otherwise provided, shall have good and sufficient arches of stone, brick or 
 terra cotta, well built and keyed with good and sufficient abutments, or 
 lintels of stone as follows: For an opening not more than four feet in 
 width, the lintel shall not be less than eight inches in height; and for an 
 opening not more than six feet in width, the lintel shall not be less than 
 twelve inches in height; and for an opening exceeding six feet in width, 
 and not more than eight feet in width, the lintel shall be the full thickness 
 of the wall to be supported, and not less than fifteen inches in height. 
 Every stone lintel over such opening six feet or less in width, in all walls, 
 shall not be less than four inches thick, and shall have a bearing at each 
 end of not less than five inches on the wall. On the inside of all openings 
 in which the stone lintel shall be less than the thickness of the wall to be 
 supported, there shall be a good timber lintel on the inside of the stone 
 lintel, which shall rest at each end not more than three inches on any wall, 
 and shall be chamfered at each end, and shall have a double row-lock or 
 bonded arch turned over the timber lintel. Or the inside lintel may be of 
 cast-iron, and in such case stone blocks or cast-iron plates shall not be 
 required at the ends where the lintel rests on the walls, provided the open- 
 ing is not more than six feet in width. 
 
 21. The height of all walls shall be measured from the curb level at 
 the centre of the building to the top of the highest point of the roof beams 
 in the case of flat roofs, and for high-pitched roofs the average of the 
 height of the gable shall be taken as the highest point of the wall. In case 
 the wall is carried on iron girders or iron girders and columns, or piers of 
 masonry, the measurement, as to height, may be taken from the top of such 
 girder. When the walls of a structure do not adjoin the street, then the 
 average level for the ground adjoining the walls may be taken instead of 
 the street curb level for the height of such structure. The width of build- 
 ings, for the purposes of this title, shall be determined by the way the 
 beams are placed. The lengthwise of the beams may be considered and 
 taken to be the widthwise of the building, and the bearing walls are those 
 walls on which the beams or trusses rest. 
 
 22. In every building used as a dwelling-house, tenement-house, 
 
15 
 
 apartment-house, lodging-house, school-house or hotel, each floor shall be 
 of sufficient strength in all its parts to bear safely upon every superficial 
 foot of its surface seventy pounds; and if to be used for office purposes, 
 not less than one hundred pounds upon every superficial foot; if to be 
 used as a place of public assembly, one hundred and twenty pounds; and 
 if to be used as a store, factory, warehouse, or for any other manufacturing 
 or commercial purpose, one hundred and fifty pounds and upwards upon 
 every superficial foot. Every floor shall be of sufficient strength to bear 
 safely the weight to be imposed thereon in addition to the weight of the 
 materials of which the floor in composed. The roof of all buildings shall 
 be proportioned to bear safely fifty pounds upon every superficial foot of 
 their surface in addition to the weight of the material composing the same. 
 Every column, post or other vertical support shall be of sufficient strength 
 to bear safely the weight of the portion of each and every floor depending 
 upon it for support in addition to the weight required as before stated to be 
 supported safely upon said portions of said floors. The dimensions of each 
 piece or combination of materials required shall be ascertained by compu- 
 tation, according to the rules given in Haswell's Mechanics' and Engineers' 
 Pocket Book, except as may be otherwise provided for in this title. The 
 strength of all columns and posts shall be computed according to Gordon's 
 Formula, and the crushing weights in pounds, to the square inch of section, 
 for the following named materials, shall be taken as the coefficients in said 
 formula, namely: Cast iron, eighty thousand; wrought or rolled iron, forty 
 thousand; rolled steel, forty-eight thousand; white pine and spruce, three 
 thousand five hundred; pitch or Georgia pine, five thousand; American oak, 
 six thousand. The breaking strength of wooden beams and girders shall be 
 computed according to the formula in which the constants for tranverse 
 strains for central loads shall be as follows, namely: Hemlock, four 
 hundred; white pine, four hundred and fifty; spruce, four hundred and fifty; 
 pitch or Georgia pine and American oak, five hundred and fifty; and for 
 wooden beams and girders carrying a uniformly distributed load the con- 
 stants will be double. The factors of safety shall be as one to four for all 
 beams, girders and other pieces, subject to a transverse strain; and as one to 
 four for all posts, columns and other vertical supports when of wrought 
 iron or rolled steel, and as one to five for other materials, subject to a com- 
 pressive strain; and as one to six for tie-rods, tie-beams, and other pieces 
 subject to a tensile strain. Good, solid, natural earth shall be deemed to 
 safely sustain a load of four tons to the superficial foot, or as otherwise 
 determined by the superintendent of buildings, and the width of the footing 
 courses shall be at least sufficient to meet this requirement. In computing 
 the weight of walls, a cubic foot of brick work shall be deemed to weigh one 
 hundred and fifteen pounds. Sandstone, white marble, granite and other 
 kinds of building stone shall be deemed to weigh one hundred and sixty 
 pounds per cubic foot. The safe-bearing load to apply to good brick work 
 shall be taken at eight tons per superficial foot, when good lime mortar is 
 used; eleven and one-half tons per superficial foot when good lime and 
 cement mortar mixed is used; and fifteen tons per superficial foot when 
 good cement mortar is used. The safe-bearing load to apply to good 
 concrete shall be taken at eleven tons per superficial foot. Every temporary 
 support placed under any structure, wall, girder or beam, during the erection, 
 
i6 
 
 finishing, alteration or repairing of any building or structure, or any part 
 thereof, shall be of sufficient strength to safely carry the load to be placed 
 thereon. In all warehouses, storehouses, factories, workshops, and stores 
 where heavy materials are kept or stored, or machinery introduced, the 
 weight that each floor will safely sustain upon each superficial foot thereof, 
 shall be estimated by the owner or occupant, or by a competent person em- 
 ployed by the owner or occupant. Before any building hereafter erected is 
 occupied and used, in whole or in part, for any of the purposes aforesaid, 
 and before any building, erected prior to the passage of this act but not at 
 such time occupied for any of the aforesaid purposes is occupied or used, in 
 whole or in part, for any of said purposes, the weight that each floor will 
 safely sustain upon each superficial foot thereof, shall be ascertained and 
 posted in a conspicuous place on each story of the building to which it 
 relates. The weight placed on any of the floors of any building shall be 
 safely distributed thereon, and the superintendent of buildings may require 
 the owner or occupant of any building, or of any portion thereof, to 
 redistribute the load on any floor, or to lighten such load, as he may direct, 
 where he may deem the same to be necessary for the protection of life and 
 property. No person shall place or cause or permit to be placed on any 
 floor of any building any greater load than the safe load thereof, as correctly 
 estimated and ascertained as herein provided. 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 employes of said department of buildings may enter 
 any building and remove so much of any floor or other portion thereof as 
 may be required to make necessary measurements and examinations, and 
 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 city treasurer upon the requisition of the superintendent 
 of buildings, out of the fund paid over to him under the provisions of 
 section fifty-four of this act. Such expenses shall be a charge against the 
 person or persons by whom or on whose behalf said estimate was made, and 
 shall be collected in an action to be brought in the name of said department 
 of buildings or fire department, as the case may be, against said person or 
 persons, and the sum so collected shall be paid over to the said city 
 treasurer to be deposited in said fund in reimbursement of the amount paid 
 as aforesaid. 
 
 23. Every building hereafter erected to be used as a hotel or school- 
 house, the height of which exceeds sixty feet, and every building hereafter 
 erected or altered to be used as a hospital, asylum, or institution for the 
 treatment of persons, the height of which exceeds forty-five feet, and every 
 other building the height of which exceeds seventy-five feet, except grain 
 elevators and buildings for which specifications and plans have been here- 
 tofore submitted to and approved by the proper authorities, shall be built 
 fire-proof; that is to say, they shall be constructed with walls of brick, 
 stone, iron or other hard, incombustible material, in which wooden beams 
 or lintels shall not be placed, and in which the floors and roofs shall be of 
 materials similar to the walls. The stairs and staircase landings shall be 
 built entirely of brick, stone, iron, or other hard, incombustible materials. 
 No woodwork or other inflammable material shall be used in any of the 
 
17 
 
 partitions, furrings, or ceilings in any such fire-proof buildings, excepting, 
 however, that the doors and windows, and their frames, the trims, the 
 casings, the interior finish when filled solid at the back with fire-proof 
 material, and the floor boards and sleepers directly thereunder, may be of 
 wood. In all fire-proof buildings the following rules shall be observed: 
 
 1. All cast-iron, wrought-iron, or rolled steel columns shall be made 
 true and smooth at both ends, and shall rest on iron or steel bed plates, and 
 have iron or steel cap plates, which shall also be made true. All iron or 
 steel trimmer beams, headers and tail beams, shall be suitably framed and 
 connected together, and the iron girders, columns, beams, trusses and all 
 other iron work of all floors and roofs shall be strapped, bolted, anchored 
 and connected together and to the walls, in a strong and substantial 
 manner. Where beams are framed into headers, the angle irons which are 
 bolted to the tail beams shall have at least two bolts for all beams over 
 seven inches in depth, and three bolts for all beams twelve inches and over 
 in depth, and these bolts shall not be less than three-quarters of an inch in 
 diameter. Each one of such angles or knees, when bolted to girders, shall 
 have the same number of bolts as stated for the other leg. The angle iron 
 in no case shall be less in thickness than the header or trimmer to which it 
 is bolted; and the width of angle in no case shall be less than one-third of 
 the depth of beam, excepting that no angle knee shall be less than two 
 and a half inches wide, nor required to be more than six inches 
 wide. All wrought iron or rolled steel beams eight inches deep and 
 under shall have bearings equal to their depth, if resting on a wall; 
 nine to twelve-inch beams shall have a bearing of ten inches, and all 
 beams more than twelve inches in depth shall have bearings of not less than 
 twelve inches if resting on a wall. Where beams rest on iron supports, and 
 are properly tied to the same, no greater bearings shall be required than 
 one-third of the depth of the beams. Iron or steel floor beams shall be so 
 arranged as to spacing and length of beams that the load to be supported by 
 them, together with the weights of the materials used in the construction of 
 the said floors shall not cause a deflection of the said beams of more than 
 one-thirtieth of an inch per linear foot of span; and they shall be tied 
 together at intervals of not more than eight times the depth of the 
 beam. 
 
 2. Under the ends of all iron or steel beams where they rest on the 
 walls, a stone or cast-iron template shall be built into the walls. Said tem- 
 plate shall be eight inches wide, in twelve-inch walls, and in all walls of 
 greater thickness said template shall be twelve inches wide, and such tem- 
 plates, if of stone, shall not be in any case less than two and one-half inches 
 in thickness, and no template shall be less than twelve inches long. 
 
 3. All brick or stone arches placed between iron or steel floor beams 
 shall be at least four inches thick, and have a rise of at least one and a 
 quarter inches to each foot of span between the beams. Arches of over five 
 feet span shall be properly increased in thickness, as required by the super- 
 intendent of buildings, or the space between the beams may be filled in 
 with sectional hollow brick of hard-burnt clay, porous terra cotta, or some 
 equally good fire-proof material, having a depth of not less than one and 
 one-quarter inches to each foot of span, a variable distance being allowed of 
 not over six inches in the span between the beams. The said brick arches 
 
i8 
 
 shall be laid to a line on the centers, with close joints, and the bricks shall 
 be well wet, and the joints filled with cement mortar in proportions of not 
 more than two of sand to one of cement by measure. The arches shall be 
 well grouted and pinned or chinked with slate, and keyed. The bottom 
 flanges of all wrought-iron or rolled steel floor beams, and all exposed por- 
 tions of such beams below the abutments of the floor arches shall be entirely 
 encased with hard-burnt clay or porous terra cotta, or with wire metal lath 
 properly secured and plastered on the under side. The exposed sides and 
 bottom plates or flanges of wrought-iron or rolled steel girders supporting 
 iron, steel or wooden floor beams, or supporting floor arches or floors, shall 
 be entirely encased in the same manner. 
 
 24. All iron or steel lintels shall have bearings proportionate to the 
 weight to be imposed thereon, but no lintel used to span any opening 
 more than ten feet in width shall have a bearing less than twelve inches at 
 each end, if resting on a wall, but if resting on an iron post, such 
 lintel shall have a bearing of at least six inches at each end, by the 
 thickness of the wall to be supported. If the posts are to be party 
 posts in front of a party wall, and are to be used for two buildings, 
 then the said posts shall not be less than sixteen inches on the face by the 
 thickness of the wall above, and if the party wall be more than sixteen 
 inches thick, then the post shall be the thickness of the wall on the face. 
 Intermediate posts may be used, which shall be sufficiently strong, and the 
 lintels thereon shall have sufficient bearings to carry the weight above with 
 safety. When the lintels or girders are supported at the ends by brick 
 walls or piers they shall rest upon cut granite or blue stone blocks at least 
 twelve inches thick, or upon cast-iron plates of equal strength by the full 
 size of the bearings. In case the opening is less than twelve feet, the stone 
 blocks may be six inches in thickness, or cast-iron plates of equal strength 
 by the full size of the bearings may be used. This requirement shall not 
 apply to the cast-iron lintels used at the back of stone lintels over openings 
 not exceeding six feet in width. In all cases where the girder carries a 
 wall and rests on brick piers or walls, the bearings shall be sufficient to 
 support the weight above with safety. No cast-iron lintel or beam shall be 
 less than three-quarters of an inch in thickness in any of its parts. Iron 
 beams or girders used to span openings more than sixteen feet in width, 
 upon which walls rest or upon which floor beams are carried, shall be of 
 wrought-iron or rolled steel and of sufficient strength, or cast-iron arch 
 girders may be used having a rise of not less than one inch to each foot of 
 span between the bearings, with one or more wrought-iron tie-rods of 
 sufficient strength to resist the thrusts, well fastened at each end of the 
 girder. All lintels or girders placed over any opening in the front, rear or 
 side of a building, or returned over a corner opening, when supported by 
 brick or stone piers or iron columns, shall be of iron or steel and of the full 
 breadth of the wall supported. In all buildings hereafter erected or 
 altered, where any iron or steel column or columns are used to support a 
 wall or part thereof, whether the same be an exterior or an interior wall, 
 excepting a wall fronting on a street, and columns located below the level 
 of the sidewalk which are used to support exterior walls or arches over 
 vaults, the said column or columns shall be either constructed double, that 
 is, an outer and an inner column, the inner column alone to be of sufficient 
 
19 
 
 strength to sustain safely the weight to be imposed thereon, or such other 
 iron or steel column of sufficient strength and so constructed as to secure 
 resistance to fire, may be used as may be approved by the superintendent 
 of buildings. Iron posts in front of party walls shall be filled up solid with 
 masonry and made perfectly tight between the post and walls to prevent 
 effectually the passage of smoke or fire. Cast-iron posts or columns which 
 are to be used for the support of wooden or iron girders or brick walls, not 
 cast with one open side or back, before being set up in place, shall have a 
 three-eighths of an inch hole drilled in the shaft of each post or column, by 
 the manufacturer or contractor furnishing the same, to exhibit the thickness 
 of the castings; and any other similar sized hole or holes which the super- 
 intendent of buildings, or his duly authorized representatives, may require 
 shall be drilled in the said posts or columns by the said manufacturer or 
 contractor at his own expense. Iron posts or columns cast with one or 
 more open sides and backs shall have solid iron plates on top of each to 
 prevent the passage of smoke or fire through them from one story to another, 
 excepting where pierced for the passage of pipes. No cast-iron post or 
 column shall be used in any building of a less average thickness of shaft 
 than three-quarters of an inch, nor shall it have an unsupported length of 
 more than twenty times its least lateral dimensions or diameter. No 
 wrought-iron or rolled-steel column shall have an unsupported length of 
 more than thirty times its least lateral dimension or diameter, nor shall its 
 metal be less than one-fourth of an inch in thickness. All cast-iron, 
 wrought-iron and steel columns shall have their bearings faced smooth, and 
 at right angles to the axis of the column; and when one column rests upon 
 another column, they shall be securely bolted together. Where columns 
 are used to support iron or steel girders carrying curtain walls, the said 
 columns shall be of cast-iron, wrought-iron or rolled steel, and on their 
 exposed outer and inner surfaces be constructed to resist fire by having a 
 casing of brick work not less than four inches in thickness and bonded into 
 the brick work of the curtain walls, or the inside surfaces of the said 
 columns may be covered with an outer shell of iron having an air space 
 between; and the exposed sides of the iron or steel girders shall, also be 
 similarly covered in and tied and bonded. When the thickness of the 
 curtain walls is twelve inches the girders for the support of same shall be 
 placed at the floor line of each story, commencing at the line where the 
 thickness of twelve inches starts from, and when the thickness of such 
 walls is sixteen inches the girders shall be placed not farther apart than 
 every other story, at the floor line, commencing at the line where the thick- 
 ness of sixteen inches start from, provided that at the intermediate floor line 
 a suitable tie of iron or steel shall rigidly connect the columns together 
 horizontally; and that the ends of the floor beams do not rest upon the said 
 sixteen-inch walls. When the curtain walls are twenty inches or more in 
 thickness and rest directly on the foundation walls the ends of the floor 
 beams may be placed directly thereon, but at or near the floor line of each 
 story ties of iron or steel incased in the brick work shall rigidly connect the 
 columns together horizontally. The iron arches, or the usual light castings 
 connecting the columns of an iron front of a building, shall be filled in from 
 the soffits to the sills on each upper story with brick work not less than 
 eight inches thick, or hollow burnt clay blocks not less than eight inches 
 
20 
 
 thick and carried through the open back columns to the same upper level, 
 the brick work or blocks to rest on the plates within the columns. 
 
 25. Rolled iron or steel beam girders, or riveted iron or steel plate 
 girders used as lintels or as girders, carrying a wall or floor or both, shall 
 be so proportioned that the loads which may come upon them shall not 
 produce strains in tension or compression upon the flanges of more than 
 twelve thousand pounds for iron, nor more than fifteen thousand pounds for 
 steel per square inch of the gross section of each of such flanges, nor a 
 shearing strain upon the web-plate of more than six thousand pounds per 
 square inch of section of such web-plate, if of iron, nor more than seven 
 thousand pounds if of steel; but no web-plate shall be less than one-quarter 
 of an inch in thickness, Rivets in plate girders shall not be less than five- 
 eighths of an inch in diameter, and shall not be spaced more than six inches 
 apart in any case. They shall be so spaced that their shearing strains shall 
 not exceed nine thousand pounds per square inch of section, nor their 
 bearing exceed fifteen thousand pounds per square inch, on their diameter, 
 multiplied by the thickness of the plates through which they pass. The 
 riveted plate girders shall be proportioned upon the supposition that the 
 bending or chord strains are resisted entirely by the upper and lower 
 flanges, and that the shearing strains are resisted entirely by the web-plate. 
 No part of the web shall be estimated as flange area, nor more than 
 one-half of that portion of the angle iron which lies against the web. The 
 distance between the centers of gravity of the flange areas will be considered 
 as the effective depth of the girder. Before any girder, as before mentioned, 
 to be used in any building shall be so used, the architect or the manu- 
 facturer of or contractor for it shall, if required so to do by the superin- 
 tendent of buildings, submit for his examination and approval a diagram 
 showing the loads to be carried by said girder, and the strains produced by 
 such load, and also showing the dimensions of the materials of which said 
 girder is to be constructed to provide for the said strains; and the manu- 
 facturer or contractor shall cause to be marked upon said girder, in a 
 conspicuous place, the weight said girder will sustain, and no greater 
 weight than that marked on such girder shall be placed thereon. Before any 
 iron or steel beam, lintel or girder intended to span an opening over ten 
 feet in length in any building, shall be used for supporting a wall, the 
 manufacturer or founder thereof, or the owner of said building, shall have 
 the said beam, lintel or girder inspected, and if required by the superin- 
 tendent of buildings, shall have the same tested by actual weight or pressure 
 thereon, under the direction and supervision of an inspector authorized by 
 the superintendent of buildings. Said manufacturer, founder or owner 
 shall notify the superintendent of buildings, in writing, of the time when, 
 and the place where said inspection and test may be made, and said 
 inspector shall cause the weight which each of said beams, lintels or girders 
 will safely sustain, to be properly stamped or marked in a conspicuous 
 place thereon, and no greater weight shall be put or placed upon any beam, 
 lintel or girder than that stamped or marked thereon by said inspector. 
 The deflection of a cast-iron beam, lintel or girder, under an applied test of 
 double the weight to be carried, shall not exceed one-fiftieth of an inch to 
 the foot of span, and said beam, lintel or girder shall return to its original 
 shape after the test. In case any iron or steel beam, girder or lintel, or any 
 
21 
 
 iron or steel column, shall be rejected by said inspector as unfit or 
 insufficient to be used for the purpose proposed, the same shall not be used 
 for such purpose, in or upon or about any building or part thereof. All 
 iron work or steel work used in any building shall be of the best material 
 and made in the best manner, and properly painted with oxide of iron and 
 linseed oil paint before being placed in position, or coated with some other 
 equally good preparation, or suitably treated for preservation against 
 rust. 
 
 26. All wooden beams or other timbers in the party wall of every 
 building built of stone, brick or iron, shall be separated from the beam or 
 timber entering in the opposite side of the wall by at least four inches of 
 solid mason work. No wooden floor beams nor wooden roof beams used 
 in any buifding, exceeding three stories in height, hereafter erected, shall be 
 of a less thickness than three inches. All wooden trimmer and header 
 beams shall not be less than one inch thicker than the floor or roof beams 
 on the same tier, where the header is four feet or less in length; and where 
 the header is more than four feet and not more than fifteen feet in length, 
 the trimmer and header beams shall be at least double the thickness of the 
 floor or roof beams, or shall each be made of two beams forming such 
 thickness properly spiked or bolted together, and when the header is more 
 than fifteen feet in length wrought iron flitch plates of proper thickness and 
 depth shall be placed between two wooden beams suitably bolted together 
 to and through the iron plates in constructing the trimmer and header 
 beams; or wrought-iron or rolled-steel beams of sufficient length may be 
 used. Every wooden beam, except header and tail beams, shall rest at one 
 end four inches in the wall, or upon a girder as authorized by this title. 
 All wooden floor and wooden roof beams shall be properly bridged with 
 cross-bridging and the distance between bridging or between bridging and 
 walls shall not exceed eight feet. Every wooden header or trimmer more 
 than four feet long, used in any building, shall be hung in stirrup-irons of 
 suitable thickness for the size of the timbers. No timber shall be used in 
 any wall of any building where stone, brick or iron is commonly used, 
 except lintels, as hereinbefore provided. The ends of all wooden floor and 
 roof beams, where they rest on brick walls, shall be cut to a bevel of three 
 inches on their depth, so that in case of fire they may fall without injury to 
 the walls. All wooden beams shall be trimmed away from the flues, 
 whether the same be a smoke, air or any other flue, the trimmer beam to be 
 eight inches from the inside face of a flue in a straight way and four inches 
 from the outside of a chimney breast, and the header two inches from the 
 outside face of the flue. All fire-places shall have trimmer arches to 
 support hearths and the said arches shall be at least sixteen inches in width, 
 measured from the face of the chimney breast, and at least one foot longer 
 on each side than the width of the fire-place opening, and they shall be 
 constructed of brick, stone or burnt clay. Wooden centering under 
 trimmer arches shall be removed before plastering the ceiling underneath. 
 Each tier of beams shall be anchored to the side, front, rear or party walls 
 at intervals of not more than six feet apart, with good, strong wrought-iron 
 anchors of not less than one and a half inches by three-eighths of an inch in 
 size well fastened to the side of the beams by two or more nails made of 
 wrought-iron at least one-fourth of an inch in diameter. The ends of beams 
 
22 
 
 resting upon girders shall be butted together, end to end, and strapped by 
 wrought-iron straps of the same size and distance apart, and in the same 
 beam as the wall anchors, and shall be fastened in the same manner as said 
 wall anchors, or they may lap each other at least twelve inches and be well 
 spiked or bolted together where lapped. Where the beams are supported 
 by girders, the girders shall be anchored to the walls and fastened to each 
 other by suitable iron straps. Every pier and wall, front or rear, shall be 
 well anchored to the beams of each story, with the same size anchors as are 
 required for sidewalls, which anchor shall hook over the second beam. 
 Each tier of beams front and rear, opposite each pier, shall have hard wood 
 or Georgia pine anchor strips dove-tailed into the beams diagonally, which 
 strips shall cover at least four beams, and be one inch thick and four 
 inches wide, but no such anchor strips shall be let in within four feet of the 
 center line of the beams; or wooden strips shall be nailed on the top of the 
 beams and kept in place until the floors are being laid. Wooden columns 
 supporting wooden girders and wooden floor beams and wooden roof 
 beams, in all buildings more than two stories in height, shall each have cap 
 and base plates of iron not less than one inch thick, and of proper size and 
 shape. Said wooden columns, when placed one over another, shall not 
 bear upon any wooden girder, but shall bear directly upon each other, or 
 shall have between the iron plates suitable iron dowels passing through the 
 girders. 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, and be of such size 
 and dimensions as the purposes for which the building is intended require. 
 27. All fire-places and chimneys in stone or brick walls in any 
 building hereafter erected, and any chimney or flues hereafter altered or 
 repaired, without reference to the purpose for which they may be used, shall 
 have the joints struck smooth on the inside, except when lined on the 
 inside with pipe. No pargeting mortar shall be used on the inside of any 
 fire-place, chimney or flue. The fire-backs of all fire-places hereafter 
 erected shall be not less than eight inches in thickness of solid masonry. 
 The stone or brick work of all smoke flues, and the chimney shafts of all 
 furnaces, boilers, bakers' ovens, large cooking ranges and laundry stoves, 
 and all flues used for a similar purpose shall be at least eight inches in 
 thickness. If there is a cast-iron or burnt clay pipe built inside of the 
 same, with one inch air space all around it, then the stone or brick work 
 inclosing such pipes shall not be less than four inches in thickness. All 
 smoke flues of smelting furnaces or of steam boilers, or other apparatus 
 which heat the flues to a high temperature, shall be built with double walls, 
 with an air space between them, the inside four inches to be of fire-brick or 
 fire-clay slabs or blocks laid in fire mortar, to the height of twenty-five feet 
 from the bottom. All smoke flues shall extend at least three feet above a 
 flat roof and at least two feet above a peak roof, and shall be coped with 
 well-burnt terra-cotta, stone or cast-iron. In all buildings more than three 
 stories in height hereafter erected every smoke flue shall be lined on the 
 inside with cast-iron or well-burnt clay, or fire-proof terra-cotta pipe, from 
 the bottom of the flue, or from the throat of the fire-place, if the flue starts 
 from the latter, and carried up continuously to the extreme height of the 
 flue. The ends of all such lining pipes shall be made to fit close together, 
 
23 
 
 and the pipe shall be built in as the flue or flues are carried up. Each 
 smoke pipe shall be inclosed on all sides with not less than four inches of 
 brick work properly bonded together. All stone or brick hot-air flues and 
 shafts shall be lined with tin, galvanized iron or burnt clay pipes. No 
 wooden casing, furring or lath shall be placed against or cover any smoke 
 flue or metal pipe used to convey hot air or steam. No smoke pipe shall 
 pass through any floor or roof of any building. No stove pipe in any build- 
 ing with wooden or combustible floors, ceilings or partitions, shall enter any 
 flue unless the said pipe shall be at least twelve inches from either the said 
 floors, ceilings or partitions, unless the same is properly protected by a metal 
 shield, in which case the distance shall not be less than six inches. In all 
 cases where stove pipes pass through stud or wooden partitions of any kind, 
 they shall be guarded by either a double collar of metal with at least three 
 inches of air space and holes for ventilation, or by a soap-stone or burnt 
 clay ring not less than three inches in thickness and extending through the 
 partition. Where laundry stoves, hot water, steam, hot air or other furnaces 
 are used in any building, the smoke pipe leading therefrom must be kept 
 not less than eighteen inches from the floor beams or ceiling unless the 
 same is properly protected by a metal shield, w^hen the distance shall not be 
 less than nine inches. In all cases where such pipe passes through a wood 
 or stud partition it shall be protected by a thimble with eight inches of 
 brick work around it or a double collar of metal with at least six inches air 
 space, and holes for ventilation. Tin or other metal flues, or pipes used or 
 intended to be used to convey heated air, shall be inclosed with a brick or 
 stone at least four inches in thickness, or other hard incombustible 
 materials. Horizontal pipes and hot air pipes in stud partitions, shall be 
 built in the following manner: The pipes shall be double, that is, two pipes, 
 one inside the other, at least one-half inch apart, and there shall be a space 
 of three inches between the pipe and stud on each side; or if a single pipe is 
 used the inside faces of said studs shall be well lined with tin plate and the 
 outside faces covered with brick, iron, lath or slate. Horizontal hot-air 
 pipes shall be kept six inches below the floor beams or ceiling; if the floor 
 beams or ceiling are plastered and protected by a metal shield, then the 
 distance shall not be less than three inches. In cases where hot-air pipes 
 pass through a wood or stud partition, they shall be guarded by either a 
 double collar of metal, with two inches air space and holes for ventilation, 
 or they shall be surrounded by brick work at least four inches in thickness. 
 All flues in every building shall be properly cleaned and all rubbish 
 removed, and the flues left smooth on the inside upon the completion of all 
 buildings. No chimney shall be started or built upon any floor or beam of 
 wood. In no case shall a chimney be corbeled out more than eight inches 
 from the wall, and in all such cases the corbeling shall consist of at least 
 five courses of brick. Where chimneys are supported by piers, the piers 
 shall start from the foundation on the same line with the chimney breast, 
 and shall not be less than twelve inches on the face, properly bonded into 
 the walls. No chimney shall be cut off below, in whole or in part, and 
 supported by wood, but shall be wholly supported by stone, brick or iron. 
 All chimneys which shall be dangerous in any manner whatsoever, shall be 
 repaired and made safe, or taken down. Iron cupola chimneys of 
 foundries shall extend at least ten feet above the highest point of any roof 
 
24 
 
 within a radius of fifty feet of such cupola, and be covered on top with a 
 heavy wire netting. No brick oven, coffee roaster or any other brick 
 structure to contain fire shall be placed on a wooden floor or a floor 
 supported by wooden beams in any building. All smoke-houses hereafter 
 erected or constructed shall be built fire-proof, and the door and window 
 openings in same shall be provided with iron or tin covered wooden doors 
 or shutters. Before any building hereafter erected is occupied or used, in 
 whole or in part, for wood-working purposes, and before any building 
 erected prior to the passage of this act, but not at such time occupied or 
 used, in whole or in part, for any aforesaid purposes, is so occupied or used, 
 a fire-proof vault shall be constructed in connection therewith, of sufficient 
 capacity to contain all shavings* sawdust, chips and other light combustible 
 refuse resulting from such manufacture. All such combustible refuse shall 
 be daily removed to the vault, and shall not be allowed to accumulate 
 within or near, the building unless stored in the vault to be provided as 
 herein required. 
 
 28. No steam pipe shall be placed within two inches of any timber 
 or woodwork unless the timber or woodwork is protected by a metal shield, 
 then the distance shall not be less than one inch. All steam pipes passing 
 through floors and ceilings or lath and plastered partitions shall be pro- 
 tected by a metal tube one inch larger in diameter than the pipe, and the 
 space shall be filled in with mineral wool, asbestos or other incombustible 
 material. All wooden boxes or casings inclosing steam pipes, and all cov- 
 ers to recesses shall be lined with iron or tinplate. All brick hot-air fur- 
 naces shall have two covers, with an air-space of at least four inches between 
 them; the inner cover of the hot-air chamber shall be either a brick arch or 
 two courses of brick laid on galvanized iron or tin, supported by iron bars; 
 the outside cover, which is the top of the furnace, shall be made of brick or 
 metal supported by iron bars, and so constructed as to be perfectly tight, 
 and shall not be less than four inches below the ceiling or floor beams. The 
 walls of the furnace shall be built hollow in the following manner: One 
 inner and one outer wall, each four inches in thickness, properly bonded 
 together, with an air-space of not less than three inches between them. Fur- 
 naces must be built at least four inches from all woodwork. All cold 
 air boxes shall be made of metal, brick or other incombustible material, for 
 a distance of at least three feet from the furnace. All portable hot-air fur- 
 naces shall be kept at least two feet from any wooden or combustible par- 
 tition or ceiling unless the partitions and ceilings are properly protected by 
 a metal shield when the distance shall not be less than one foot. Wooden 
 floors under any portable furnace shall be protected by a suitable stone, or 
 a course of bricks well laid in mortar. Said stone or bricks shall extend at 
 least two feet beyond the furnace in front of the ash-pan. All such register 
 boxes shall be made of tin-plate with a flange on the top to fit the groove 
 in the frame, the register to rest upon the same; there shall be an open 
 space of two inches on all sides of the register-box, extending from the 
 under side of the border to and through the ceiling below. The said open- 
 ing shall be fitted with a tight tin casing, the upper end of which shall be 
 turned under the frame. When a register-box is placed in the floor over a 
 portable furnace, the open space on all sides of the register-box shall not 
 be less than three inches. When only one register is connected with a 
 
25 
 
 furnace said register shall have no valve. Stoves shall not be placed nearer 
 than twenty inches to any unprotected woodwork. Floors under all stoves 
 shall be protected by a.covering of incombustible material. Where a kitchen 
 range is placed near a wooden stud partition, the studs shall be cut away and 
 framed two feet higher and one foot wider than the range, and filled in to a 
 line with said stud partition with brick or fire-proof blocks and plastered 
 thereon. In cases where hot water, steam, hot air or other heating appliances 
 or furnaces are hereafter placed in any building, or flues or fire-places are 
 changed or enlarged, due notice shall first be given to the superintendent of 
 buildings by the contractor or superintendent of said work. 
 
 29. No gas, water or other pipes which may be introduced into any 
 building shall be let into the beams unless the same be placed within thirty- 
 six inches of the end of the beams; and in no building shall the said pipes 
 be let into the beams more than two inches in depth. Every building other 
 than a dwelling-house, hereafter erected, and all factories, hotels, churches, 
 theaters, school-houses and other buildings of a public character now 
 erected in which gas or steam is used for lighting or heating, shall have the 
 supply pipes leading from the street mains provided each with a stop-cock 
 placed in the sidewalk at or near the curb, and so arranged as to allow of 
 shutting off at that point. All gas brackets shall be placed at least three 
 feet below any ceiling or woodwork, unless the same is properly protected 
 by a shield; in which case the distance shall not be less than eighteen inches. 
 No swinging or folding gas brackets shall be placed against any stud par- 
 tition or woodwork. Gas lights placed near window curtains or any other 
 combustible material shall be protected by a proper shield. Every electric 
 wire for furnishing light, heat or power, led into any building from the out- 
 side thereof, shall be arranged with suitable appliances to cut off the current 
 on the outside of the building. All wires placed inside of buildings, 
 whether in connection with aereal or underground wires and carrying elec- 
 trical currents, shall be properly insulated. The superintendent of build- 
 ings shall make rules and regulations governing the method of construction, 
 operation, location, arrangement, insulation and use of all electrical wires, 
 appliances or currents, for furnishing light, heat or power which may be 
 introduced into or placed in any building. Said rules and regulations shall, 
 as far as practicable, be made to conform to those which now are or hereafter 
 may be prescribed by the Underwriters' Association of New York State. 
 In no case shall any such wire, appliances and currents be introduced into 
 any building, nor shall any of them be used or operated until the superin- 
 tendent of buildings shall have first examined into and found that the 
 method of construction, location, arrangement, insulation and use of such 
 electrical wires, appliances and currents are safe and in accordance with 
 the rules and regulations made by him, as aforesaid. 
 
 30. Every building which is more than two stories in height above 
 the curb level, except dwelling-houses, hotels, school-houses and churches 
 shall have doors, blinds or shutters made of iron, hung to iron hanging frames 
 or to iron eyes built into the wall, on every window and opening above the 
 first story thereof, excepting on the front openings of buildings fronting on 
 streets or open spaces which are more than thirty feet in width. Or the said 
 doors, blinds or shutters may be constructed of pine or other soft wood of two 
 thicknesses of matched boards at right angles with each other, and securely 
 
26 
 
 covered with tin, on both sides and edges, with folded lapped joints, the 
 nails for fastening the same being driven inside the lap; the hinges and bolt 
 or latches shall be secured or fastened to the door or. shutter after the same 
 has been covered with the tin, and such doors or shutters shall be hung 
 upon an iron frame, independent of the woodwork of the windows and 
 doors, or two iron hinges securely fastened in the masonry; or such frames, 
 if of wood, shall be covered with tin in the same manner as the doors and 
 shutters. All occupants of buildings shall close the said shutters, doors 
 and blinds at the close of the business of each day. All shutters opening 
 on fire-escapes, and at least one row, vertically, in every three rows on the 
 front window openings above the first story of any building, shall be so 
 arranged that they can be readily opened from the outside by firemen. All 
 rolling iron or steel shutters hereafter placed in the first story of any build- 
 ing shall be counter-balanced so that said rolling shutters may be readily 
 opened by the firemen. All windows and openings above the first story of 
 any building may be exempted from having shutters by the written consent 
 of the superintendent of buildings. Where openings in interior brick walls 
 are fitted with fire-proof doors or shutters to prevent the spread of fire 
 between different buildings, or between parts of any building, the said 
 doors or shutters shall be closed at the close of the business of each day by 
 the occupant or occupants of the building having use or control of the 
 same. 
 
 31. In any building in which there shall be any hoistway or freight 
 elevator or well-hole not inclosed in walls constructed of brick or other 
 fire-proof material, and provided with fire-proof doors, the openings thereof 
 through and upon each floor of said building, shall be provided with and 
 protected by a substantial guard or gate, and with such good and sufficient 
 trap-doors, with which to close the same, as may be directed and approved 
 by the superintendent of buildings; and when, in his opinion, automatic 
 trap-doors are required to the floor openings of any uninclosed freight 
 elevator, the same shall be so constructed as to form a substantial floor 
 surface when closed, and so arranged as to open and close by the action of 
 the elevator in its passage either ascending or descending. The said 
 superintendent shall have exclusive power and authority within said city to 
 require the openings of hoistways or hoistway shafts, elevators and well- 
 holes in buildings to be inclosed or secured by trap-doors, guards or gates 
 and railings. Such guards or gates shall be kept closed at all times, except 
 when in actual use, and the trap-doors shall be closed at the close of the 
 business of each day by the occupant or occupants of the building having 
 the use or control of the same. In all buildings hereafter erected the roof, 
 immediately over the hoistway, elevator or well-hole, shall be covered with 
 a skylight of suitable size, glazed with thin sheet glass, so as to allow 
 smoke, gases and flame to readily force their way through when a fire 
 occurs. The glass in every such skylight shall have immediately under the 
 same a wire netting, unless the glass contains a wire netting within itself, or 
 what is known as wire glass. All elevators hereafter placed in any build- 
 ing, except fire-proof buildings, shall be inclosed in suitable walls of brick, 
 or with a suitable frame-work of iron and burnt-clay filling, or of such other 
 fire-proof material and form of construction as may be approved by the 
 superintendent of buildings. If the inclosure walls are of brick, laid in 
 
27 
 
 cement mortar, and not used as bearing walls, they may be eight inches in 
 thickness for not more than fifty feet of their uppermost height, and increas- 
 ing in thickness four inches for each lower fifty feet, portion or part thereof. 
 Said walls or construction shall extend through and at least three feet 
 above the roof. All openings in the same shall be provided with fire-proof 
 doors and made solid for three feet above the floor level, and with grill 
 openings above. Elevators may be put in the well-hole of stairs, in build- 
 ings, without such brick or fire-proof inclosures, where the stairs are 
 inclosed in brick or stone wall, and the stairs are constructed as specified in 
 Section Nineteen of this Title. Elevators may also be placed in any stair- 
 well or open court of any building erected prior to the passage of this act, 
 under a permit therefor from the superintendent of buildings, but the frame 
 work and inclosure of any such elevator shall be constructed of fire-proof 
 materials. The foregoing requirements as to brick or fire-proof shafts shall 
 include all dumb-waiters except such as do not extend through more than 
 three stories in dwelling-houses. The roofs over all inclosed elevators 
 shall be made of fire-proof materials, with a sky-light at least three-fourths 
 the area of the shaft, made of thin sheet glass, set in iron frames, as herein- 
 before in this section described, including wire netting underneath the glass 
 of the sky-light or the use of wire glass. Immediately under the machinery 
 at the top of every elevator shaft hereafter placed in any building in said 
 city there shall be provided and placed a substantial grating or screen of 
 iron, of such construction as shall be approved by the superintendent of 
 buildings. The superintendent of buildings shall cause an inspection of 
 passenger elevators as often as once a year. Any repairs found necessary 
 upon inspection of any elevator shall be made without delay by the owner 
 or person having the care or control of the same, and in case defects are 
 found to exist which would endanger life by the continued use of such 
 elevator, then, upon notice from the superintendent of buildings, the use of 
 such elevator shall cease, and it shall not again be used until a certificate 
 shall be first obtained from said superintendent that such elevator has been 
 put in safe order and is fit for use. No person shall employ or permit any 
 person to be in charge of running any passenger elevator who is under 
 eighteen years of age or who does not possess proper qualifications therefor. 
 Every freight elevator or lift shall have a notice posted conspicuously 
 thereon as follows: Persons riding on this elevator do so at their own risk. 
 Every elevator in any building erected to be occupied, or now occupied, as 
 a hotel, shall, within six months after the passage of this act, be inclosed in 
 suitable walls constructed and arranged as in this section required for 
 elevators hereafter placed in buildings, unless under the provisions of this 
 section such elevator might have been placed in said building without such 
 inclosing walls. 
 
 32. If a mansard or any other roof having a pitch of over sixty 
 degrees be placed on any building, except a wooden building, or a dwelling- 
 house not exceeding thirty-five feet in height, it shall be constructed of iron 
 rafters and lathed with iron on the inside and plastered, or filled in with fire- 
 proof material not less than three inches thick, and covered with metal, 
 slate or tile. All exterior cornices and gutters of all buildings hereafter 
 erected, except wooden buildings, shall be of fire-proof material. All fire- 
 proof cornices shall be well secured to the walls with iron anchors, 
 
28 
 
 independent of any wood work. Where a wall is finished with a cornice of 
 stone, terra cotta or similar material, the greatest weight of the material of 
 such cornice shall be on the inside of the face of the wall, so that the cornice 
 shall firmly balance upon the wall. In all cases the walls behind metal 
 cornices shall be carried up to the planking of the roof, and where the 
 cornice projects above the roof the walls shall be carried up to the top of 
 the cornice, and the party walls shall in all cases extend up above the 
 planking of the cornice and be coped All exterior wooden cornices that 
 may now be or that may hereafter become unsafe or rotten shall be taken 
 down, and if replaced shall be constructed of fire-proof material. All 
 exterior cornices of wood or gutters that may hereafter be damaged by fire 
 to the extend of one-third shall be taken down, and if replaced shall be 
 constructed of fire-proof material; but if not damaged to the extent of one- 
 third, the same may be repaired with the same kind of material of which 
 they were originally constructed. Bulkheads used as inclosures for 
 elevators and coverings for the machinery of elevators and all other bulk- 
 heads, including the bulkheads of all dwelling-houses hereafter erected or 
 altered, may be constructed of hollow fire-proof blocks or of wood covered 
 with not less than two inches of fire-proof material or filled in the thickness 
 of the studding with such material, and covered on the outside with metal, 
 including sides and edges of doors. Covers on top of water tanks placed 
 on roofs, may be of wood covered with tin. The planking and sheathing 
 of the roof of every building hereafter erected, except a wooden building, 
 shall in no case be extended across the front, rear, side, end or party wall 
 thereof. Every such building and the tops and sides of every dormer- 
 window thereon shall be covered and roofed with slate, tin, copper, iron, 
 gravel or such other quality of fire-proof roofing as the superintendent of 
 buildings, under his certificate, may authorize, and the outside of the 
 frames of every dormer-window hereafter placed upon any building as 
 aforesaid shall be of fire-proof material. No wooden building within the 
 fire limits more than two stories or over twenty feet in height above the 
 curb level to the highest part thereof, which shall require roofing, shall be 
 roofed with any other roofing or covering, except as aforesaid. Nothing in 
 this section shall be construed to prohibit the repairing of any shingle roof, 
 provided the building is not altered in height. All buildings shall have 
 scuttles or bulkheads, covered with fire-proof material, with ladders or 
 stairs leading thereto. No scuttle shall be less in size than two by three feet. 
 All sky-lights having a superficial area of more than twelve square feet, 
 placed in any building, shall have the sashes and frames thereof constructed 
 of iron and glass. Every fire-proof roof hereafter placed on any building 
 shall have, beside the usual scuttle or bulkhead, a sky-light or sky-lights of 
 a superficial area equal to not less than one-fiftieth the superficial area of 
 such fire-proof roof. All buildings shall be kept provided with proper 
 metallic leaders for conducting water from the roofs in such manner as 
 shall protect the walls and foundation of said buildings from injury. In no 
 case shall the water from the said leaders be allowed to flow upon the side- 
 walk, but the same shall be conducted by pipe or pipes to the sewer. If 
 there be no sewer in the street upon which such buildings front, then the 
 water from said leader shall be conducted by proper pipe or pipes below 
 the surface of the sidewalk to the street gutter. 
 
2 9 
 
 33' It shall not be lawful for the owner or owners of any brick 
 dwelling-house with eight-inch walls, or of any wooden building already 
 erected that has a peaked roof, to raise the same for the purpose of making 
 a flat roof thereon, unless the same be raised with the same kind of material 
 as the building, and unless such new roof be covered with some of the 
 articles mentioned in Section Thirty-two of this Title, and provided that 
 such building, when so raised, shall not exceed forty feet in height to the 
 highest part thereof. All such buildings must exceed twenty-five feet in 
 height to the peak of the roof before the said alteration and raising. If any 
 such 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. No frame building more 
 than two stories in height, now used as a dwelling, shall hereafter be raised 
 or altered to be used as a factory, warehouse or stable. No brick or 
 wooden building shall be enlarged or built upon unless the exterior walls 
 of said addition or enlargement be constructed of fire-proof materials; 
 provided, however, that such brick or wooden buildings may be raised, 
 lowered or altered, under the same circumstances and in the same manner 
 specially provided for in this section. No wooden building shall be 
 moved from one lot to another until a sworn petition setting forth the 
 purposes of said removal, and the uses to which said building is to be 
 applied, is filed in the office of the superintendent of buildings, and the 
 written consent of said superintendent is first obtained therefor. No 
 wooden building shall be moved from without to within the fire limits. 
 
 34. Every wooden or frame building, with a brick or other front, 
 which may hereafter be damaged to an amount not greater than one-half of 
 the value thereof, exclusive of the value of the foundation thereof, at the 
 time of such damage, may be repaired or rebuilt; but if such damage shall 
 amount to more than one-half of such value thereof, exclusive of the value 
 of the foundation, then such building shall not be repaired or rebuilt, but 
 shall be taken down. The amount and extent of such damage shall be 
 determined upon an examination of the building, by one surveyor who 
 shall be appointed by said superintendent of buildings, and one surveyor 
 who shall be appointed by the owner or owners of said premises. In case 
 these two surveyors do not agree, they shall appoint a third surveyor to 
 take part in such examination, and a decision of a majority of them, 
 reduced to writing and sworn to, shall be conclusive, and such building 
 shall in no manner be repaired or rebuilt until after such decision shall 
 have been rendered. If the damage be by fire, or lightning, or wind storm, 
 and such damage is insured against, then the third surveyor provided for in 
 this section shall be appointed by the Underwriters Association of New 
 York State. 
 
 35. No frame dwelling-house hereafter erected shall be occupied by 
 more than one family on each floor nor shall any frame building already 
 erected be altered to be occupied by more than three families. Temporary 
 one-story frame buildings may be erected for the use of builders, within 
 the limits of lots whereon buildings are in the course of erection, or on 
 adjoining vacant lots upon permits issued by the superintendent of build- 
 ings. Fences of wood shall not be erected over ten feet high. Signs of 
 wood shall not be erected over two feet high on any building. Piazzas or 
 
30 
 
 balconies of wood which do not exceed eight feet in width, and which do 
 not exceed more than three feet above the second story floor beams, may 
 be erected upon the front or side of any detached dwelling-house occupied 
 by not more than two families. In connected houses such piazzas or 
 balconies may be built, provided the same are open on the front and have 
 brick ends not less than eight inches thick, carried up above the roof of 
 such piazza, or balcony and coped. The roof of all piazzas, except those of 
 wooden buildings, shall be covered with some fire-proof material. Sheds 
 of wood not over fifteen feet high, open on at least one side, with the sides 
 and roof thereof covered with fire-proof material, may also be built, but no 
 fence shall be used as the back or side of any such shed. Any bay or oriel 
 window that does not extend more than three feet above the second story 
 ceiling line of any dwelling-house may be built of wood. Exterior privies 
 and wood or coal houses, not exceeding one hundred and fifty square feet 
 in superficial area and eight feet high, may be built of wood, but the roofs 
 thereof must be covered with metal, gravel or slate. Sheds erected on 
 piers, wharves or bulkheads on a water front, not exceeding twenty-five feet 
 in height, shall be covered on the outside with slate, tile, metal or other 
 incombustible material. Coal elevators or pockets for the storage of coal 
 and trestle work in connection therewith shall be in mode of construction 
 and location as may be approved by the superintendent of buildings. Grain 
 elevators may be constructed of wood, but all the external wood work shall 
 be covered with incombustible material, and when such building exceeds 
 sixty feet in height, the two lower stories shall be of brick. Lumber or other 
 wood, or second-hand combustible material, shall not be piled at any lesser 
 distance from the nearest dwelling-house than double the height of such 
 pile. 
 
 36. Outside of the fire limits before prescribed herein, buildings of 
 frame or wood may be erected, but no frame building, to be occupied or 
 used as a stable, workshop or manufactory, shall be built more than two 
 stories or twenty-five feet in height, nor shall any wooden tower or spire be 
 built or rebuilt to a greater height than sixty feet. No frame or wooden 
 dwelling-house hereafter erected shall exceed three stories or thirty-five feet 
 in height. In no case shall a wooden building be erected within three feet 
 of the side or rear line of a lot, unless the space between the studs on any 
 such side be filled in solidly with not less than four inches of brick work. 
 When two or more such houses are built continuous, the party or division 
 studding shall be not less than four inches thick and filled in solidly with 
 brick work, or the division walls may be of brick not less than eight inches 
 thick above the foundation wall; and the ends of the floor beams shall be 
 so separated that four inches of brick will be between the beams where 
 they rest on said walls. All frame or wooden buildings exceeding a height 
 of fifteen feet shall be built with sills, posts, girts, plates and rafters, all of 
 suitable size and properly mortised, tenoned, braced and pinned, and with 
 suitable studs set at proper distances apart. The floor beams shall not be 
 less than two inches in thickness. The covering of roofs may be of shingle. 
 The sills of wooden dwelling-houses shall be not less than two feet above 
 the ground to the underside of same. All cellar or basement walls of 
 frame or wooden buildings shall be not less than eight inches thick, if of 
 brick, or of a greater thickness if of stone. When any said wall is eight 
 
31 
 
 feet or more above the surface of the ground, then the wall shall be not less 
 than twelve inches thick, if of brick, or not less than sixteen inches thick if 
 of stone. Frame buildings sheathed with boards and partially or entirely 
 covered with four inches of brick work shall be deemed to be frame 
 buildings. 
 
 37. Every dwelling house occupied by or built to be occupied by 
 three or more families above the first story, and every building already 
 erected, or that may hereafter be erected, more than three stories in height, 
 occupied and used as a hotel or lodging-house, and every boarding-house 
 having more than fifteen sleeping rooms above the basement story, and 
 every factory, mill, manufactory or work-shop, hospital, asylum or institu- 
 tion for the care or treatment of individuals, and every building in whole 
 or in part occupied or used as a school or place of instruction or assembly, 
 and every office building five stories or more in height, 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. 
 The superintendent of buildings shall make rules and regulations for the 
 construction of outside fire-escape balconies and ladders. Said rules and 
 regulations shall conform to those adopted and published by the Depart- 
 ment of Buildings of the City of New York, as such rules and regulations 
 now are or by amendments and additions thereto as may hereafter be pre- 
 scribed, so far as they may be deemed applicable by the superintendent of 
 buildings in this title named. The superintendent of buildings shall have 
 full and exclusive power and authority within said city to direct fire-escapes 
 and other means of egress to be provided upon and within said building or 
 any of them. The owner or owners of any building upon which a fire- 
 escape is erected shall keep the same in good repair and properly painted. 
 No person shall at any time place any incumbrance of any kind whatsoever 
 before or upon any fire-escape. It shall be the duty of every fireman and 
 policeman who shall discover any fire-escape balcony or ladder of any fire- 
 escape incumbered in any way to forthwith report the same to the com- 
 manding officer of his company or precinct, and such commanding officer 
 shall forthwith cause the occupant of the premises or apartment to which 
 said fire-escape balcony or ladder is attached or for whose use the same is 
 provided, to be notified either verbally or in writing, to remove such 
 incumbrance and keep the same clear. If such notice shall not be 
 complied with by the removal, forthwith, of such incumbrance, and keeping 
 said fire-escape balcony or ladder free from incumbrance, then it shall be 
 the duty of said commanding officer, to apply to the nearest magistrate for 
 a warrant for the arrest of the occupant or occupants of the said premises 
 or apartment of which the fire-escape forms a part, and the said parties shall 
 be brought before the said magistrate, as for a misdeameanor; and, on con- 
 viction, the occupant or occupants of said premises or apartment shall be 
 fined not more than ten dollars for each offense, or may be imprisoned not 
 to exceed ten days, or both, in the discretion of the court. In constructing 
 all balcony fire-escapes, the manufacturer thereof shall securely fasten 
 thereto in a conspicuous place, a cast-iron plate having suitable raised 
 letters on the same, to read as follows: Notice! Any person placing any 
 incumbrance on this balcony is liable to a penalty of ten dollars and 
 imprisonment for ten days. The owner, proprietor or manager of every 
 
32 
 
 hotel and lodging-house, and of every boarding-house having more than 
 fifteen sleeping rooms above the ground floor, and the person or persons 
 having charge or management of every public or private hospital or asylum 
 building, as may be deemed necessary by the chief engineer of the fire 
 department of said city, shall, within three months after the passage of this 
 act, place or cause to be placed in every room used as a lodging or sleeping- 
 room in such building, except the rooms on the ground floor, and also 
 excepting rooms one or more windows of which open upon a fire-escape 
 having direct access to the ground, a manilla rope, or other better appliance 
 to be approved by the said chief of fire department, to be used as an 
 auxiliary means of escape. Said rope or other appliance shall be securely 
 fastened on one end to a suitable iron hook or eye, to be securely driven 
 into or fastened to the wall or stud next adjoining the frame of the window, 
 or one of the windows, of such room, and at all times be coiled up and 
 exposed to the view of the occupant of the room, the coil to be fastened in 
 such slight manner as to be easily and quickly loosened. Said rope shall 
 not be less than one inch in diameter and shall be of sufficient length to 
 reach the ground, and the rope and fastenings shall be of sufficient strength 
 to sustain a weight of not less than one thousand pounds. The chief of 
 said department shall cause any building to which the requirement of rope- 
 escape applies to be periodically inspected to ascertain whether the pro- 
 visions of this section as to ropes have been complied with, and to report 
 any omission or neglect thereof to the city attorney. The provisions of 
 this section in regard to auxiliary rope fire-escapes shall not apply to fire- 
 proof buildings. All buildings requiring fire-escapes shall have stationary 
 iron ladders leading to the scuttle opening in the roof thereof, and all 
 scuttles and ladders shall be kept so as to be ready for use at all times. If 
 a bulkhead is used in place of a scuttle, it shall have stairs with sufficient 
 guard or hand-rail leading to the roof. In case the building shall be a 
 tenement-house, the door in the bulkhead or any scuttle shall at no time be 
 locked, but may be fastened on the inside by movable bolts or hooks. 
 Every dwelling-house arranged for or occupied by two or more families 
 above the first story, hereafter erected, shall be provided with an entrance 
 to the basement thereof from the outside of such building. 
 
 38. The superintendent of buildings shall make rules and regula- 
 tions in accordance with which the drainage and plumbing of all buildings 
 hereafter erected shall be executed. Said rules and regulations shall con- 
 form to those adopted and published by the Department of Buildings of 
 the City of New York, as such rules and regulations now are, or by amend- 
 ments and additions thereto mav hereafter be prescribed, in so far as they 
 may be deemed applicable by the superintendent of buildings in this title 
 named. In each case the owner or his agent, architect or plumber shall file 
 with the superintendent of buildings suitable drawings and descriptions of 
 the drainage and plumbing, and no part of such work shall be commenced 
 or proceeded with until said drawings and descriptions shall have been so 
 filed and approved by the superintendent of buildings. 
 
 39. The light and ventilation of every building hereafter erected or 
 altered to be occupied as an apartment-house, tenement-house, lodging- 
 house or hotel shall be provided for in accordance with the rules and regu- 
 lations to be prescribed by the superintendent of buildings. Said rules 
 
33 
 
 and regulations shall conform to those adopted and published by the 
 Department of Buildings of the City of New York, as the said rules and 
 regulations for light and ventilation now are, or by amendments and addi- 
 tions thereto may hereafter be prescribed, so far as they may be deemed 
 applicable by the superintendent of buildings in this title named. 
 
 40. In all buildings of a public character, such as hotels, churches, 
 theatres, restaurants, railroad depots public halls and other buildings used 
 or intended to be used for purposes of public assembly, amusement or 
 instruction, the halls, doors, stairways, seats, passageways and aisles, and 
 all lighting and heating appliances and apparatus shall be arranged as the 
 superintendent of buildings shall direct to facilitate egress in cases of fire or 
 accident, and to afford the requisite and proper accommodation for the 
 public protection in such cases. All aisles and passageways in said build- 
 ings shall be kept free from camp stools, chairs, sofas and other obstruc- 
 tions, and no person shall be allowed to stand in or occupy any of said 
 aisles or passageways during any performance, service, exhibition, lecture, 
 concert, ball or any public assemblage. The superintendent of buildings, 
 with the concurrence of the chief engineer of the fire department, 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 there- 
 with connected, such as halls, doors, stairs, windows, seats, aisles, fire-walls 
 and fire-escapes, so as to afford such security to the public in the uses to 
 which they may be severally applied, as they may deem necessary. Nothing 
 herein contained shall be construed to authorize or require any other alter- 
 ations to existing theatres than are specified in this section. Upon report 
 to the Mayor of the city, by the superintendent of buildings, that any order 
 or requirement of this title in regard touheatres or places of public amuse- 
 ment has been violated or not complied with, in any such building, the said 
 Mayor may, in his discretion, revoke the license of such theatre or place of 
 public amusement, and cause the same to be closed. No building to be 
 used and occupied as a public school shall hereafter be erected within two 
 hundred feet of a block occupied in whole or in part by a criminal court 
 and prison, or either a criminal court or prison, nor shall it be lawful to 
 hereafter erect a building to be used and occupied as a criminal court and 
 prison, or either of them, within two hundred feet of a block occupied in 
 whole or in part by a public school building. 
 
 41. Every theatre or opera house, or other building intended to be 
 used for theatrical or operatic purposes, or for public entertainments of any 
 kind where stage scenery and apparatus are employed, hereafter erected, 
 shall be built to comply with the requirements of this section. No building 
 which, at the time of the passage of this act, 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 where stage 
 scenery and apparatus are employed, until the same shall have been made 
 to conform to the requirements of this section. And no building herein- 
 before described shall be opened to the public for theatrical or operatic 
 purposes, or for public entertainments of any kind where stage scenery or 
 apparatus are employed, until the superintendent of buildings shall have 
 
34 
 
 approved the same in writing as conforming to the requirements of this 
 section, and the Mayor of the city shall refuse to issue any license for any 
 such building, and shall close the same, and prevent its opening until a 
 certificate in writing of such approval shall have been given by the superin- 
 tendent of buildings. Every such building sfyall have at least one front on 
 the street, and in such front there shall be suitable means of entrance and 
 exit for the audience. 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 the side not bordering on the street, where said 
 building is located on a corner lot; and on both sides of said building, 
 where there is but one frontage on the street. The width of such open 
 court or courts shall be not less than seven feet where the seating capacity 
 is not over one thousand people, above one thousand and not more than 
 eighteen hundred people, eight feet in width, and above eighteen hundred 
 people, ten feet in width. Said open court or courts shall begin on a line 
 with or near the proscenium wall and shall extend the length of the 
 auditorium proper, to or near the wall separating the same from the 
 entrance lobby or vestibule. A separate and distinct corridor shall continue 
 to the street, from each open court, through such superstructure as may be 
 built on the street side of the auditorium, with continuous walls of brick or 
 fire-proof materials on each side of the entire length of said corridor or 
 corridors, and the ceiling and floors shall be fire-proof. Said corridor or 
 corridors shall not be reduced in width to more than two feet less than the 
 width of the open court or courts, and there shall be no projection in the 
 same; the outer openings to be provided with doors or gates opening toward 
 the street. During the performance the doors or gates in the corridor shall 
 be kept open by proper fastenings; at other times they may be closed and 
 fastened by movable bolts or -locks. The said open courts and corridors 
 shall not be used for storage purposes, or for any purpose whatsoever, 
 except for exit and entrance from and to the auditorium and stage, and 
 must be kept free and clear during performances. The level of said cor- 
 ridors at the front entrance to the building shall not be greater than one 
 step above the level of the sidewalk, where they begin at the street 
 entrance, and the entrance of the main front of the building shall not be on 
 a higher level from the sidewalk than four steps, unless approved by the 
 superintendent of buildings. To overcome any difference of level existing 
 between exits from the parquet into courts and the level of the said corri- 
 dors, gradients shall be employed of not over one foot in ten feet, with no 
 perpendicular risers. From the auditorium opening into the said open 
 courts, or on the side street, there shall be not less than two exits on each 
 side, in each tier, from and including the parquet and each and every 
 gallery. Each exit shall be at least five feet in width in the clear, and pro- 
 vided with doors of iron, or wooden doors covered with tin on both sides 
 and edges. All of said doors shall open outwardly, and must be fastened 
 with movable bolts, the bolts to be kept drawn during performances. 
 There shall be balconies not less than four 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 two exits, and from said 
 balconies there shall be staircases extending to the ground level, with a 
 rise of not over eight and one-half inches to a step, and not less than nine 
 
35 
 
 inches tread exclusive of the nosing. The staircase, from the upper 
 (balcony to the next below, shall not be less than thirty inches in width in 
 the clear, and from the first balcony to the ground, three feet in width in the 
 clear, where the seating capacity of the auditorium is one for one thousand 
 people or less, three feet and six inches in the clear where above one 
 thousand and not more than eighteen hundred people, and four feet in the 
 clear where above eighteen hundred people and not more than twenty-five 
 hundred people, and not over four feet six inches in the clear where above 
 twenty-five hundred people. All the before mentioned balconies and stair- 
 cases 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 satisfactory to the superintendent of buildings. Where one side of 
 the building borders on a street, there shall be balconies and staircases of 
 like capacity and kind, as before mentioned, but said staircases shall end 
 .at a balcony* placed not less than seven feet above the level of the ground, 
 and from said balcony to the ground there shall be arranged a hinged iron 
 ladder. When located on a corner lot that portion of the premises border- 
 ing on the side street and not required for the uses of the theatre may, if 
 such portion be not more than twenty-five 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 fire- 
 proof exit is provided for the theatre, on each tier, equal to the combined 
 width of exits opening on opposite sides of 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 
 4ier shall be fire-proof. 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 fire- 
 proof materials, and that said floor shall have no covering boards or 
 sleepers of wood, but 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 fire-proof materials, or both, but no such roof garden, art 
 .gallery or room for any public purpose shall be placed over or above that 
 portion of any theatre or other building which is used as a stage. 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 have fire-proof doors 
 on each side of the openings, hung to iron eyes built into the wall. 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 
 occupied or used as a hotel, boarding or lodging-house, factory, workshop 
 or manufactory, or for storage purposes, except as may be hereafter 
 specially prpvided for. Said restriction relates not only to that portion of 
 the building which contains the auditorium and the stage, but applies also 
 40 the entire structure in conjunction therewith. No store or room con- 
 
36 
 
 tained 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 especially hazardous in the classification of the 
 Underwriters' Association of New York State, or for manufacturing pur- 
 poses. No lodging accommodation shall be allowed in any part of the 
 building communicating with the auditorium. Interior walls built of fire- 
 proof materials shall separate the auditorium from the entrance vestibule, 
 and from any room or rooms over the same, also from any lobbies, corri- 
 dors, refreshment or other rooms. All staircases for the use of the 
 audience shall be inclosed with walls of brick, or of fire-proof 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 such staircase. A fire-wall, built of brick, shall separate the 
 auditorium from the stage, and the same shall extend at least four 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 brick wall above, and 
 covered with flre-proof materials 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 the wall. 
 The molded frame around the proscenium opening shall be formed entirely 
 of fire-proof materials; if metal be used, the metal shall be filled in solid 
 with non-combustible material and securely anchored to the wall with iron. 
 The proscenium opening shall be provided with a fire-proof metal curtain, 
 or a curtain of asbestos, or other fire-proof material approved by the super- 
 intendent of buildings, sliding at each end within iron grooves or other 
 approved device, securely fastened to the brick wall, and extending beyond 
 the opening not less than six inches on each side. Said fire-proof curtain 
 shall be raised at the commencement of each performance and lowered at 
 the close of said performance, and be operated by approved machinery for 
 that purpose. The proscenium curtains shall be placed at least three feet 
 distant from the foot-lights at the nearest point. All doorways or openings 
 through the proscenium wall, from the auditorium, in every tier, shall have 
 doors of iron, or tin-covered wooden doors, on each face of the wall, and 
 the doors hung so as to be opened from either side at all times. There 
 shall be no openings in the proscenium fire wall above the level of the 
 auditorium ceiling. Direct access to these doors shall be provided on both 
 sides, and the same shall always be kept free from any incumbrance. Iron 
 ladders or stairs, securely fixed to the wall, on the stage side, shall be pro- 
 vided to overcome any difference of level existing between the floor or 
 galleries on the stage side of the tire wall and those on the side of the 
 auditorium. There shall be provided over the stage, metal skylights, of an 
 area or combined area of at least one-twelfth the area of said stage fitted up 
 with sliding sash and glazed with double-thick sheet glass, not exceeding 
 one-eighth of an inch thick, and each pane thereof measuring not less than 
 three hundred 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 skylights closed, or some other 
 equally simple approved device for opening them may be provided. Im- 
 
37 
 
 mediately under the glass of said skylights there shall be a wire netting, 
 uuless the glass contains a wire netting within itself. All that portion of 
 the stage not comprised in the work of scenery, traps and other mechanical 
 apparatus, for the presentation of a scene, usually equal to the widih of the 
 proscenium opening, shall be built of iron or steel beams filled in between 
 with fire-proof material, and all girders for the support of said beams shall 
 be of wrought-iron or rolled steel. The fly galleries 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 fire-proof materials, 
 and no wood boards or sleepers shall be used as covering over beams, but 
 the said floors shall be entiiely fire-proof. The rigging loft shall be fire- 
 proof, except the floor covering the same. All stage scenery, curtains and 
 decorations made of combustible material, and all wood work on or about 
 the stage, shall be painted or saturated with some non-combustible material 
 to render the same safe against fire, and the finishing coats of paint applied 
 to all wood work throughout the entire building shall be of such kind as 
 will resist fire to the satisfaction of the superintendent of buildings. 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 super- 
 structure over the entrance, lobby and corridors, and all galleries and sup- 
 ports for same in the auditorium shall be constructed of iron or steel and 
 fire-proof materials, not excluding the use of wood floor boards and 
 necessary sleepers to fasten the same to, but such sleepers shall not mean 
 timbers of support and the space between the sleepers shall be solidly filled 
 with fire-proof materials. The fronts of each gallery shall be formed of 
 fire-proof materials, excepting the capping, which may be made of wood. 
 The ceiling under each gallery shall be entirely formed of fire-proof 
 materials. The ceiling of the auditorium shall be formed of fire-proof 
 materials. All lathing, wherever used, shall be of wire or sheet metal. 
 The partitions in that portion of the building which contains the auditorium, 
 the entrance vestibule and every room and passage devoted to the use of 
 the audience, shall be constructed of fire-proof materials, including the 
 furring of outside or other walls. None of the walls or ceilings shall be 
 covered with wood sheathing, canvas, or any combustible materials, but 
 this shall not exclude the use of wood wainscoting to a height not to exceed 
 six feet, which shall be filled in solid between the wainscoting and the wall 
 with fire-proof materials. The walls separating the actors' dressing-room 
 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 fire-proof 
 material approved by the superintendent of buildings. All doors in any of 
 said partitions shall be of iron or of wood covered with tin. All the 
 shelving and cupboards in each and every dressing-room, property-room or 
 other storage rooms, shall be constructed of metal, slate or some fire-proof 
 material. 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 requirements herein contained, but the stairs leading to the 
 same shall be fire-proof. All seats in the auditorium, excepting those con- 
 tained in boxes, shall be firmly secured to the floor, and no seat in the 
 
38 
 
 auditorium shall have more than six seats intervening between it and an 
 aisle, on either side, anc 1 no stool or seat shall be placed in any aisle. All 1 
 platforms in galleries, formed to receive the seats, shall not be more than 
 twenty-one inches ia height of riser, nor less than thirty inches in width of 
 platform. All aisles on the respective floors in the auditorium, having 
 seats on both sides of same, shall be not less than three feet wide where 
 they begin, and shall be increased in width towards the exits, in the ratio of 
 one and one-half inches to five running feet. Aisles having seats on one 
 side only shall be not less than two feet wide at their beginning and 
 increased in width the same as aisles having seats on both sides. The 
 aggregate capacity of the foyers, lobbies, corridors, passages and rooms for 
 the use of the audience, not including aisle space between seats, shall, on 
 each floor or gallery, be sufficient to contain the entire number to be accom- 
 modated on said floor or gallery, in the ratio of one hundred and fifty super- 
 ficial feet of floor room for every one hundred persons. Gradients or 
 inclined planes shall be employed instead of steps, where possible, to over- 
 come slight differences of level in or between aisles, corridors and 
 passages. Every theatre accommodating three hundred persons shall have 
 at least two exits; when accommodating five hundred persons, at least 
 three exits shall be provided, these exits not referring to or including the 
 exits to the open court or courts at the sides of the theatre. Doorways of 
 exit or entrance for the use of the public shall not be less than five feet in 
 width, and for every additional one hundred persons or portions thereof to- 
 be accommodated, in excess of five hundred, an aggregate of twenty inches 
 additional exit 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. 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. No passage 
 leading to any stairway communicating with any entrance or exit shall be 
 less than four feet in width in any part thereof. All stairs within the build- 
 ing shall be constructed of fire-proof material throughout. Stairways 
 serving for the exit of fifty people must be at least four feet wide, between 
 railings, or between walls, and for every additional fifty people to be- 
 accommodated six inches must be added to their width. In no case shall 
 the risers of any stairs exceed seven and a half inches in height, nor shall 
 the treads, exclusive of nosings, be less than ten and one-half inches wide 
 in straight stairs. No circular or winding stairs for the use of the public 
 shall be permitted. Where the seating capacity is for more than one 
 thousand people, there shall be at least two independent staircases, with 
 direct exterior outlets, provided for each gallery in the auditorium, where 
 there are not more than two galleries, and the same shall be located on 
 opposite sides of said galleries. Where there are more than two galleries, 
 one or more additional staircases shall be provided, the outlets from which 
 shall communicate directly with the principal exit or other exterior outlets. 
 All said staircases shall be of width proportioned to the seating capacity as 
 elsewhere herein prescribed. Where the seating capacity is for one 
 thousand people, or less, two direct lines of staircase only shall be required,. 
 
39 
 
 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. At least two independent staircases, with direct 
 exterior outlets, shall also be provided for the service of the stage and shall 
 be located on the opposite sides of the same. All inside stairways leading 
 to the upper galleries of the auditorium shall be inclosed on both sides 
 with walls of fire-proof materials. Stairs leading to the first or lower 
 gallery may be left open on one side, in which case they must be con- 
 structed as herein provided for similar stairs leading from the entrance hall 
 to the main floor of the auditorium. But in no case shall stairs leading to 
 any gallery be left open on both sides. When 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, so as to 
 avoid square angles. Stairs turning at an angle shall have a proper landing 
 without winders introduced at said turn. In stairs, when two 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 inclosed staircases shall have, on both sides, strong hand-rails, 
 firmly secured to the wall about three inches distant therefrom and about 
 three feet above the stairs, but said hand-rails shall not run on level plat- 
 forms and landings where the same is more in length than the width of the 
 stairs. All staircases seven feet and over in width shall be provided with a 
 center hand-rail of hard wood, or metal, not less than two inches in 
 diameter, placed at a height of about three feet above the center of the 
 treads, and supported on wrought-iron or brass standards of sufficient 
 strength, placed not nearer than four feet nor more than six feet apart and 
 securely bolted to the treads or risers of stairs, or both. Every steam boiler 
 which may be required for heating or other purposes shall be located out- 
 side of the building, and the space allotted to the same shall be inclosed by 
 walls of masonry on all sides, and the ceiling of such space shall be 
 constructed of fire-proof materials. All doorways in said walls shall have 
 iron doors. 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 wood work. Stand pipes of two and one-half 
 inches 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 one 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 stand pipes shall be kept clear from obstruction. 
 Such stand pipes shall be separate and distinct, receiving their supply of 
 water direct from the steam pumps, and shall be fitted with the regulation 
 couplings of the fire department, and shall be kept constantly filled with 
 water by means of an automatic steam pump or pumps, of sufficient 
 capacity to supply all the lines of hose when operated simultaneously; and 
 said pump or pumps shall be supplied with water from the street main and 
 be ready for immediate use at all times during a performance in said 
 building. A separate and distinct system of automatic sprinklers, with 
 fusible plugs, approved by the superintendent of buildings, supplied with 
 
40 
 
 water from a tank located on the roof, over the stage, and not connected in 
 any manner with the stand pipes, shall be placed 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 in the dressing-rooms, under the stage, in the carpenter- 
 shop, paint-rooms, store-rooms and property-rooms. A proper and 
 sufficient quantity of two and one-half inch hose, not less than fifty 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 be 
 kept always attached to each hose attachment. There shall also be kept in 
 readiness, for immediate use on the stage, at least four casks full of water, 
 and two 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 four axes, and two twenty-five feet 
 hooks, two fifteen feet hooks and two ten feet hooks on each tier or floor of 
 the stage. Every portion of the building devoted to the uses or accom- 
 modation of the public, also all outlets leading to the streets, and including 
 the open courts and corridors, shall be well and properly lighted during 
 every performance, and the same shall remain lighted until the entire 
 audience has left the premises. At least two or more oil lamps on each 
 side of the auditorium, in each tier, shall be provided on fixed brackets, 
 not less than seven feet above the floor. Said lamps shall be filled with 
 whale or lard oil, and shall be kept lighted during each performance, or in 
 place of said lamps, candles shall be provided. All gas or electric lights 
 in the halls, corridors, lobby, or any other part of said building 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. Gas 
 mains supplying the building shall have independent connections for the 
 auditorium and the stage, and provision shall be made for shutting off the 
 gas from the outside of the building. When interior gas-lights are not lighted 
 by electricity, other suitable appliances, to be approved by the superin- 
 tendent of buildings, shall be provided. All suspended or bracket lights 
 surrounded by glass, in the auditorium, or in any part of the building 
 devoted to the public shall be provided with proper wire netting under- 
 neath. No gas or electric light shall be inserted in the walls, woodwork, 
 ceilings, or in any part of the building unless protected by fire-proof 
 materials. All lights in passages and corridors in said buildings, and 
 wherever deemed necessary by the superintendent of buildings, shall be 
 protected with proper wire net-work. The foot-lights in addition to the 
 wire net-work shall be protected by a strong wire guard or chain placed not 
 less than fwo feet distant from said foot-lights, and the trough containing 
 said foot-lights shall be formed of and surrounded by fire-proof 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 ten feet by wire rope. 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. All stage lights shall have strong metal wire guards or screens, 
 not less than ten inches in diameter, so constructed that any material in 
 contact therewith shall be out of reach of the flames of said stage lights, 
 
41 
 
 and shall be soldered to the fixture in all cases. The stand-pipes, gas- 
 pipes, electric wires, hose, and all apparatus for the extinguishing of fire 
 or guarding against the same, as in this section specified shall be in charge 
 and under control of the fire department, and the commissioners of said 
 department are hereby directed to see that the arrangements in respect 
 thereto are carried out and enforced. A diagram or plan of each tier, 
 gallery or floor, showing distinctly the exits therefrom shall be printed 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 eight inches high. 
 
 TITLE II. 
 
 RELATING TO CITIES HAVING A POPULATION EXCEEDING 
 
 THIRTY THOUSAND BUT NOT 
 EXCEEDING SEVENTY-FIVE THOUSAND INHABITANTS. 
 
 42. The fire department in each of the cities named in section one of 
 this act, to which title two is to apply, is hereby charged with the enforce- 
 ment of the provisions of this act, as hereby provided for the survey and 
 inspection of buildings, through a "bureau of buildings," which shall be 
 created in said department within thirty days after this act shall take effect. 
 
 43. The chief officer of the bureau of buildings hereby created shall 
 be called the superintendent of buildings, and he and the inspectors, clerks 
 and employes sjiall be appointed by the commissioners of the fire department 
 in such numbers and for such terms and at such compensation as they, the 
 said commissioners, may determine and fix, and shall be subject to removal 
 after written charges shall have been preferred against them and they shall 
 have had an opportunity to be heard thereon. The said bureau shall be 
 furnished, at the expense of the city, with office room, and supplied with 
 furniture, books, blanks, stationery and other supplies as may be necessary 
 for the proper transaction of its business. 
 
 44. Sections Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fif- 
 teen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty- 
 two, Twenty-three, Twenty-four, Twenty-five, Twenty-six, Twenty-seven, 
 Twenty-eight, Twenty-nine, Thirty, Thirty-one, Thirty-two, Thirty-three, 
 Thirty-four, Thirty-five, Thirty-six, Thirty-seven, Thirty-eight, Thirty-nine 
 and Forty of Title One of this Act shall also be deemed to be parts of, and 
 shall apply to the construction, regulation, survey and inspection of build- 
 ings within the cities affected by this Title. 
 
 45. Every theatre or opera house, or other building intended to be 
 used for theatrical or operatic purposes, or for public entertainments of any 
 kind where stage scenery and apparatus are employed, hereafter erected, 
 shall be built to comply with the requirements of this section. No building 
 which, at the time of the passage of this act, is not in actual use for 
 
42 
 
 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 where stage 
 scenery and apparatus are employed, until the same shall have been made 
 to conform to the requirements of this section. And no building herein- 
 before described shall be opened to the public for theatrical or operatic 
 purposes, or for public entertainments of any kind where stage scenery or 
 apparatus are employed, until the superintendent of buildings shall have 
 approved the same in writing as conforming to the requirements of this 
 section, and the Mayor of the city shall refuse to issue any license for any 
 such building, and shall close the same, and prevent its opening until a 
 certificate in writing of such approval shall have been given by the superin- 
 tendent of buildings. Every such building shall have from and to the 
 street suitable means of entrance and exit for the audience. 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 the side not 
 bordering on the street, where said building is located on a corner lot; and 
 on both sides of said building, where there is but one frontage on the 
 street. The width of such open court or courts shall be not less than seven 
 feet where the seating capacity is not over one thousand people, above one 
 thousand and not more than eighteen hundred people, eight feet in width, 
 and above eighteen hundred people, ten feet in width. Said open court or 
 courts shall begin on a line with or near the proscenium wall and shall 
 extend the length of the auditorium proper, to or near the wall separating 
 the same from the entrance lobby or vestibule. A separate and distinct 
 corridor shall continue to the street, from each open court, through such 
 superstructure as may be built on the street side of the auditorium, with 
 continuous walls of brick or fire-proof materials on each side the entire 
 length of said corridor or corridors, and the ceiling and floors shall be fire- 
 proof. Said corridor or corridors shall not be reduced in. width to more 
 than two feet less than the width of the open court or courts, and there shall 
 be no projection in the same; the outer openings to be provided with doors 
 or gates opening toward the street. During the performance the doors or 
 gates in the corridor shall be kept open by proper fastenings; at other 
 times they may be closed and fastened by movable bolts or locks. The 
 said open courts and corridors shall not be used for storage purposes, or 
 for any purpose whatsoever except for exit and entrance from and to the 
 auditorium and stage, and must be kept free and clear during performances. 
 The level of said corridors at the front entrance to the building shall not be 
 greater than one step above the level of the sidewalk where they begin at 
 the street entrance, and the entrance of the main front of the building shall 
 not be on a higher level from the sidewalk than four steps, unless approved 
 by the superintendent of buildings. To overcome any difference of level 
 existing between exit from the parquet into courts and the level of the said 
 corridors, gradients shall be employed of not over one foot in ten feet with 
 no perpendicular risers. From the auditorium opening into the said open 
 courts, or on the side street, there shall be not less than two exits on each 
 side in each tier from and including the parquet and each and every gallery. 
 Each exit shall be at least five feet in width in the clear, and provided with 
 doors of iron, or wooden doors covered with tin on both sides and edges. 
 
43 
 
 All of said doors shall open outwardly, and must be fastened with movable 
 bolts, the bolts to be kept drawn during performances. There shall be 
 balconies not less than four 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 two exits, and from said balconies there 
 shall be staircases extending to the ground level, with a rise of not over 
 eight and one-half inches to a step, and not less than nine inches tread, 
 exclusive of the nosing. The staircase, from the upper balcony to the next 
 below, shall not be less than thirty inches in width in the clear, and from 
 the first balcony to the ground, three feet in width in the clear where the 
 seating capacity of the auditorium is for one thousand people or less; three 
 feet and six inches in the clear where above one thousand and not more 
 than eighteen hundred people, and four feet in the clear where above 
 eighteen hundred people and not more than twenty-five hundred people, 
 and not over four feet six inches in the clear where above twenty-five 
 hundred 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 satisfactory to the superintendent of buildings. Where one side of 
 the building borders on a street there shall be balconies and staircases of 
 like capacity and kind as before mentioned, but said staircases shall end at 
 a balcony placed not less than seven feet above the level of the ground, and 
 from said balcony to the ground there shall be arranged a hinged iron 
 ladder. 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 twenty-five 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 fire-proof exit is provided for the theatre, on each pier, equal to the 
 combined width of exits opening on opposite sides in each tier, communi- 
 cating with balconies and staircases leading to the street in manner pro- 
 vided 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 fire-proof. Nothing herein contained shall pre- 
 vent 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 fire-proof materials, and that said floor shall have no covering boards 
 or sleepers of wood, but 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 fire-proof materials or both, but no such roof garden, art 
 gallery or room for any public purpose shall be placed over or above that 
 portion of any theatre or other building which is used as a stage. 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 have fire-proof doors on 
 each side of the openings, hung to iron eyes built into the wall. No 
 
44 
 
 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 
 occupied or used as a hotel, boarding or lodging-house, factory, workshop 
 or manufactory or for storage purposes, except as may be hereafter specially 
 provided for. No store or room contained in the building, or the offices, 
 stores or apartments adjoining, as aforesaid, shall be let or used for carry- 
 ing on any business dealing in articles designated as especially hazardous 
 in the classification of the Underwriters' Association of New York State, or 
 for manufacturing purposes. No lodging accommodation shall be allowed 
 in any part of the building communicating with the auditorium. Interior 
 walls built of fire-proof materials shall separate the auditorium from the 
 entrance vestibule, and from any room or rooms over the same; also from 
 any lobbies, corridors, refreshment or other rooms. All staircases for the 
 use of the audience shall be inclosed with walls of brick, or fire-proof 
 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 such staircase. A fire-wall, built of brick, shall 
 separate the auditorium from the stage, and the same shall extend at least 
 four 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 support the brick wall above, and covered 
 with fire-proof materials to protect it from the heat. Should there be con- 
 structed 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 
 iire-proof materials; if metal be used, the metal shall be filled in solid with 
 non-combustible material and securely anchored to the wall with iron. The 
 proscenium opening shall be provided with a fire-proof metal curtain, or a 
 curtain of asbestos, or other fire-proof material approved by the superin- 
 tendent of buildings, sliding at each end within iron grooves or other 
 approved device, securely fastened to the brick wall, and extending beyond 
 the opening, not less than six inches on each side. Said fire-proof curtain 
 shall be raised at the commencement of each performance and lowered at 
 the close of said performance, and be operated by approved machinery for 
 that purpose. The proscenium curtains shall be placed at least three feet 
 distance from the foot-lights at the nearest point. All doorways or open- 
 ings through the proscenium wall, from the auditorium, in every tier, shall 
 have doors of iron or tin-covered wooden doors on each face of the walls, 
 and the doors hung so as to be opened from either side at all times. There 
 shall be no openings in the proscenium fire-wall above the level of the 
 auditorium ceiling. Direct access to these doors shall be provided on both 
 sides, and the same shall always be kept free from any incumbrance. Iron 
 ladders or stairs, securely fixed to the wall, on the stage side, shall be pro- 
 vided to overcome any difference of level existing between the floor or 
 galleries on the stage side of the fire-wall and those on the side of the 
 auditorium. There shall be provided over the stage, metal skylights of an 
 area or combined area of at least one-twelfth the area of said stage fitted up 
 with sliding sash and glazed with double-thick sheet glass, not exceeding 
 one-eighth of an inch thick, and each pane thereof measuring not less than 
 
45 
 
 three hundred 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 skylights closed, or some other 
 simple approved device for opening them may be provided. Immediately 
 under the glass of said skylights there shall be a wire netting, unless the 
 glass contains a wire netting within itself. 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 fire- 
 proof material, and all girders for the support of said beams shall be of 
 wrought-iron or rolled steel. The ceiling or under side of the fly galleries 
 shall be covered with iron or tin over the entire exposed wood work. All 
 stage scenery, curtains and decorations made of combustible material, and 
 all wood work on or about the stage, shall be painted or saturated with 
 some non-combustible material, to render the same safe against fire, to the 
 satisfaction of the superintendent of buildings. Nothing herein contained 
 shall prohibit the use of wood construction for floors not specifically 
 mentioned, roofs and galleries, except that the supports of galleries shall 
 be of iron or steel, provided that all such wood work on or about or under 
 the stage, in the auditorium, all wood furring, the under side of roof 
 boards, the under side of floor boards covering wood construction, fronts 
 of galleries and boxes, shall all be painted or saturated with not less than 
 two coats of some non-combustible material, to render the wood safe 
 against fire, to the satisfaction of the superintendent of buildings. All 
 timber and other wood construction shall be so painted or saturated before 
 being covered in. The finishing coats of paint applied to all wood work 
 throughout the entire building shall be of such kind as will resist fire. 
 The entire main floor of the auditorium and vestibule, also the entire floor 
 of the second story of the front superstructure over the entrance lobby and 
 corridors, shall be constructed of iron or steel and fire-proof materials not 
 including the use of wooden floor boards and necessary sleepers to fasten 
 the same to, but such sleepers shall not mean timbers of support and the 
 space between the sleepers shall be solidly filled with fire-proof materials. 
 The partitions in that portion of the building which contains the auditorium, 
 the entrance vestibule, or any room or passage devoted to the use of the 
 audience, shall be constructed of fireproof materials. None of the walls 
 or ceilings shall be covered with wood sheathing or canvas or any com- 
 bustible material, but this shall not exclude the use of wood wainscoting to 
 a height not to exceed six feet, which shall be filled in solid between the 
 wainscoting and the wall with fire-proof materials. All lathing, whenever 
 used, shall be of wire or sheet metal. The walls separating the actors' 
 dressing-rooms from the stage, and the partitions dividing the dressing- 
 rooms, together with the partitions of every passage from the same to the 
 stage, and all other partitions on or about the stage, shall be constructed of 
 some fire-proof material approved by the superintendent of buildings. All 
 doors in any of said partitions shall be of iron or of wood covered with tin. 
 All the shelving and cupboards in each and every dressing-room, property- 
 room or other storage-rooms, shall be constructed of metal, slate or some 
 fire-proof material. Dressing-rooms may be placed in the fly-galleries, 
 provided that proper exits are secured therefrom to the fire-escapes in the 
 
4 6 
 
 open courts, and that the partitions and other matters pertaining to 
 dressing-rooms shall conform to the requirements herein contained, but the 
 stairs leading to the same shall be fire-proof. All seats in the auditorium, 
 excepting those contained in boxes, shall be firmly secured to the floor, and 
 no seat in the auditorium shall have more than six seats intervening between 
 it and an aisle, on either side, and no stool or seat shall be placed in any 
 aisle. All platforms in galleries formed to receive the seats shall not be 
 more than twenty-one inches in height of riser, nor less than thirty inches in 
 width of platform. All aisles on the respective floors in the auditorium, 
 having seats on both sides of same, shall be not less than three feet wide 
 where they begin, and shall be increased in width towards the exits in the 
 ratio of one and one-half inches to five running feet. Aisles having seats 
 on one side only shall be not less than two feet wide at their beginning, and 
 increased in width the same as aisles having seats on both sides. The 
 aggregate capacity of the foyers, lobbies, corridors, passages and rooms for 
 the use of the audience, not including aisle space between seats, shall, on 
 ach floor or gallery, be sufficient to contain the entire number to be accom- 
 modated on said floor or gallery, in the ratio of one hundred and fifty 
 superficial feet or floor room for every one hundred persons. Gradients or 
 inclined planes shall be employed instead of steps, where possible, to over- 
 come slight differences of level in or between aisles, corridors and passages. 
 Every theatre accommodating three hundred persons, shall have, at least, 
 two exits; when accommodating five hundred persons, at least three exits 
 shall be provided, these exits not referring to or including the exits to the 
 open court or courts at the sides of the theatre. Doorways of exit or 
 entrance for the use of the public shall not be less than five feet in width, 
 and for every additional one hundred persons or portions thereof to be 
 accommodated in excess of five hundred, an aggregate of twenty 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 build- 
 ing is open to the public. 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. No passage leading to any stairway communi- 
 cating with any entrance or exit shall be less than four feet in width 
 in any part thereof. All stairs within the building shall be constructed 
 of fire-proof material throughout. Staircases serving for the exit of fifty 
 people must be at least four feet wide, between railings or between walls, 
 and for every additional fifty people to be accommodated, six inches must 
 be added to their width. In no case shall the risers of any stairs exceed 
 seven and one-half inches in height, nor shall the treads, exclusive of 
 nosings, be less than ten and one-half inches wide in straight stairs. No 
 circular or winding stairs for the use of the public shall be permitted. 
 Where the seating capacity is for more than one thousand people, there 
 shall be at least two independent staircases, with direct exterior outlets, 
 provided for each gallery in the auditorium, where there are not more than 
 two galleries, and the same shall be located on opposite sides of said gal- 
 leries. Where there are more than two galleries, one or more additional 
 
47 
 
 staircases shall be provided, the outlets from which shall communicate 
 directly with the principal exit or other exterior outlets. All staircases 
 shall be of width proportioned to the seating capacity as elsewhere herein 
 prescribed. Where the seating capacity is for one thousand people, or less, 
 two 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. 
 At least two independent staircases, with direct exterior outlets, shall also 
 be provided for the service of the stage and shall be located on the opposite 
 sides of the same. All inside stairways leading to the upper galleries of 
 the auditorium shall be inclosed on both sides with the walls of fire-proof 
 materials. Stairs leading to the first or lower gallery may be left open on 
 one side, in which case they must be constructed as herein provided for 
 similar stairs leading from the entrance hall to the main floor of the audi- 
 torium. But in no case shall stairs leading to any gallery be left open on 
 both sides. When stairs return directly on themselves, a landing of the 
 full width of both flights, without any steps, shall be provided, and the 
 outer line of landings shall be curved, so as to avoid square angles. Stairs 
 turning at an angle shall have a proper landing without winders introduced 
 at said turn. In stairs, when two side flights connected with one main flight, 
 no winders shall be introduced, and the width of the main flights shall be 
 at least equal to the aggregate width of the side flights. All inclosed stair- 
 cases shall have on both sides, strong handrails firmly secured to the wall 
 about three inches distant therefrom and about three feet above the stairs, 
 but said handrails shall not run on level platforms and landings where the 
 same is more in length than the width of the stairs. All staircases seven 
 feet and over in width shall be provided with a center handrail of hard 
 wood, or metal, not less than two inches in diameter, placed at a height of 
 about three feet above the center of the treads and supported .on wrought- 
 iron or brass standards of sufficient strength, placed not nearer than four 
 feet nor more than six feet apart, and securely bolted to the treads or risers 
 of stairs or both. Every steam boiler which may be required for heating 
 or other purposes shall be located outside of the building, and the space 
 allotted to the same shall be inclosed by walls of masonry on all sides, and 
 the ceiling of such space shall be constructed of fire-proof materials. All 
 doorways in said walls shall have iron doors. 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 wood work. 
 Stand pipes of two and one-half inches 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 one 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 stand pipes 
 shall be kept clear from obstruction. Such stand pipes shall be separate 
 and distinct, receiving their supply of water direct from the steam pumps 
 and shall be fitted with the regulation couplings of the fire department and 
 shall be kept constantly filled with water by means of an automatic steam 
 pump or pumps, of sufficient capacity to supply all the lines of hose when 
 
4 8 
 
 operated simultaneously; and said pump or pumps shall be supplied with 
 water from the street main and be ready for immediate use at all times 
 during a performance in said building. 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 stand pipes, shall be 
 placed 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 in the dressing-rooms under the 
 stage, in the carpenter shop, paint-rooms, store-rooms, and property-rooms. 
 A proper and sufficient quantity of two and one-half inch hose, not less than 
 fifty 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 be kept always attached to each hose attachment. There shall also be 
 kept in readiness for immediate use on the stage, at least four casks full of 
 water, and two 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 four axes, and two twenty-five feet 
 hooks, two fifteen feet hooks and two ten feet hooks on each tier or floor of 
 the stage. Every portion of the building devoted to the uses or accomoda- 
 tion of the public, also all outlets leading to the streets, and including the 
 open courts and corridors, shall be well and properly lighted during every 
 performance, and the same shall remain lighted until the entire audience 
 has left the premises. At least two or more oil lamps on each side of the 
 auditorium, in each tier, shall be provided on fixed brackets, not less than 
 seven feet above the floor. Said lamps shall be filled with whale or lard oil, 
 and shall be kept lighted during each performance, or in place of said 
 lamps candles shall be provided. 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. Gas mains supply- 
 ing the building shall have independent connections for the auditorium and 
 stage, and provision shall be made for shutting off the gas from the outside 
 of the building. When interior gas lights are not lighted by electricity, 
 other suitable appliances, to be approved by the superintendent of build- 
 ings, shall be provided. All suspended or bracket lights, surrounded by 
 glass, in the auditorium, or in any part of the building devoted to the public, 
 shall be provided with proper wire netting underneath. No gas or electric 
 light shall be inserted in the walls, wood-work, ceilings, or in any part of 
 the buildings unless protected by fire-proof materials. All lights in 
 passages and corridors in said buildings, and wherever deemed necessary 
 by the superintendent of buildings shall be protected with proper wire net- 
 work. The foot-lights, in addition to the wire net-work, shall be protected 
 by a strong wire guard or chain placed not less than two feet distant from 
 said foot-lights, and the trough containing said foot-lights shall be formed 
 of and surrounded by fire-proof materials. All border lights shall be 
 constructed according to the best known methods, subject to approval of 
 the superintendent of buildings, and shall be suspended for ten feet by 
 wire. 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 
 
49 
 
 and made double, with an air space between. All stage lights shall have 
 strong metal wire guards or screens, not less than ten inches in diameter, 
 so constructed that any material in contact therewith shall be out of reach 
 of the flames of said stage lights, and shall be soldered to the fixture in all 
 cases. The stand-pipes, gas-pipes, electric wires, hose and all apparatus 
 for the extinguishing of fire or guarding against the same, as in this section 
 specified shall be in charge and under control of the fire department, and 
 the commissioners of said department are hereby directed to see that the 
 arrangements in respect thereto are carried out and enforced. A diagram 
 or plan of each tier, gallery or floor, showing distinctly the exits therefrom, 
 shall be printed 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 eight inches high. 
 
 TITLE III. 
 
 RELATING TO CITIES HAVING A POPULATION LESS THAN 
 THIRTY THOUSAND INHABITANTS. 
 
 46. The fire department in each of the cities named in section one of 
 this act, to which title three is to apply, is hereby charged with the enforce- 
 ment of the provisions of this act, as hereby provided for the survey and 
 inspection of buildings, through a "bureau of buildings," which shall be 
 created in said department within thirty days after this act shall take effect. 
 
 47. The chief officer of the bureau of buildings hereby created shall 
 be called the superintendent of buildings, and he and the inspectors, clerks 
 and employees shall be appointed by the commissioners of the fire department 
 in such numbers and for such terms and at such compensation as they, the 
 said commissioners, may determine and fix, and shall be subject to removal 
 after written charges shall have been preferred against them and they shall 
 have had an opportunity to be heard thereon. The said bureau shall be 
 furnished, at the expense of the city, with office room, and supplied with 
 furniture, books, blanks, stationery and other supplies as may be necessary 
 for the proper transaction of its business. 
 
 48. Sections Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fif- 
 teen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty- 
 two, Twenty-three, Twenty-four, Twenty-five, Twenty-six, Twenty-seven, 
 Twenty-eight, Twenty-nine, Thirty, Thirty-one, Thirty-two, Thirty-three, 
 Thirty-four, Thirty-five, Thirty-six, Thirty-seven, Thirty-eight, Thirty-nine 
 and Forty of Title One of this Act shall also be deemed to be parts of, and 
 shall apply to the construction, regulation, survey and inspection of build- 
 ings within the cities affected by this Title. 
 
 49. Every theatre or opera house, or other building intended to be 
 used for theatrical or operatic purposes, or for public entertainments of any 
 kind where stage scenery and apparatus are employed, hereafter erected, 
 
50 
 
 shall be built to comply with the requirements of this section. No building 
 which, at the time of the passage of this act, is not in actual use for 
 theatrical purposes, or places of amusement, and no building hereafter 
 erected not in conformity with the requirements of this section, shall be used 
 for theatrical or amusement purposes, or for public entertainments of any 
 kind where the stage scenery and apparatus are employed, until the same 
 shall have been made to conform to the requirements of this section. And 
 no building hereinbefore described shall be opened to the public for the- 
 atrical purposes, or for public entertainments of any kind where stage 
 scenery or apparatus are employed, until the superintendent of buildings shall 
 have approved the same, in writing, as conforming to the requirements of 
 this section, and the Mayor of the city shall refuse to issue any license for 
 any such building, and shall close the same, and prevent its opening until 
 a certificate in writing of such approval shall have been given by the super- 
 intendent of buildings. Every such building shall have suitable means of 
 entrance and exit for the audience. In addition thereto there shall be re- 
 served for service in case of an emergency, an open court or space on the 
 side not bordering on the street, where said building is located on a corner 
 lot; and on both sides of said building, where there is but one frontage on 
 the street. The width of each open court or courts shall not be less than 
 seven feet, and shall begin on a line with or near the proscenium wall, and 
 shall extend the length of the auditorium proper. A separate and distinct 
 corridor shall continue to the street from each open court through such 
 superstructure as may be built on the street side of the auditorium, not less 
 than five feet in width in the narrowest part. Nothing herein contained, 
 however, shall prohibit the use of alleyways, or adjoining premises, where 
 passage may be obtained to the nearest street. Said open courts or corri- 
 dors shall not be used for storage purposes, or for any purpose whatsoever 
 except for exit and entrance from and to the auditorium and stage, and 
 must be kept free and clear during performances. Such gates or doors as 
 will be provided at street end of said entrances shall be kept open during a 
 performance. The entrance of the main front of the building shall not be 
 on a higher level from the sidewalk than eight steps, unless approved by 
 the superintendent of buildings. To overcome any difference of level exist- 
 ing between exits from the parquet into the courts and the level of the said 
 corridors, gradients shall be employed of not over one foot in ten feet with 
 no perpendicular risers. From the auditorium opening into the said open 
 courts, or on the side street, there shall be not less than two exits on each 
 side in each tier from and including the parquet and each and every gallery. 
 Each exit shall be at least five feet in width in the clear and provided with 
 doors of iron or wooden doors, covered with tin on both sides and edges. 
 All of said doors shall open outwardly, and must be fastened with movable 
 bolts, the bolts to be kept drawn during the performance. There shall be 
 balconies not less than four feet in width in the said open courts at each 
 level or tier above the parquet on each side of the auditorium, of sufficient 
 length to embrace the two exits, and from said balconies there shall be 
 staircases extending to the ground level, with a rise of not over eight and 
 one-half inches to a step, and not less than nine inches tread exclusive of 
 the nosing. The staircase from the upper balcony to the next below shall 
 not be less than thirty inches in width in the clear, and from the first balcony 
 
51 
 
 to the ground three feet in width to the clear. All before mentioned bal- 
 conies and staircases shall be constructed of iron stringers and railings and 
 hard wood treads and platforms of ample strength to sustain the load to be 
 carried. Where one side of the building borders on a street there shall be 
 balconies and staircases of like capacity and kind as before mentioned, but 
 said staircases shall end at a balcony placed not less than seven feet above the 
 level of the ground, and from said balcony to the ground there shall be arranged 
 a hinged iron ladder. When located in the rear of a building bordering on 
 a street or side street, there shall be a brick wall separating said building or 
 buildings from the theater proper, and said wall shall be carried up solidly 
 to the roof. The doors from the theater proper to the exit and entrance 
 corridors to the street shall be of iron or wood covered with tin. No work- 
 shop, storage or general property room shall be allowed above the auditorium 
 or stage. No store or room contained in the theater proper shall be let or 
 used for carrying on any business dealing in articles designated as especially 
 hazardous in the classification of the Underwriters' Association of New York 
 State, or for manufacturing purposes. A fire-wall, built of brick, shall separ- 
 ate the auditorium from the stage, and the same shall extend at least four 
 feet above the stage roof and shall be coped. Above the proscenium open- 
 ing, there shall be an iron girder of sufficient strength to support the brick 
 wall above, and covered with fire-proof materials to protect it from the heat. 
 The molded frame around the proscenium opening shall be formed in fire- 
 proof materials; if metal be used, the metal shall be filled in solid with non- 
 combustible material and securely anchored to the wall with iron. The pro- 
 scenium opening shall be provided with a fire-proof curtain of asbestos, or 
 other fire-proof material approved by the superintendent of buildings. Said 
 fire-proof curtain shall be raised at the commencement of each performance 
 and lowered at the close of said performance, and be operated by approved 
 machinery for that purpose. The proscenium curtain shall be placed at 
 least three feet distant from the foot-lights at the nearest point. All door- 
 ways or openings through the proscenium wall, from the auditorium, in every 
 tier, shall have iron or tin-covered wooden doors on each face of the wall; 
 direct access to these doors shall be provided on both sides, and the same 
 shall always be kept free from any incumbrance. There shall be provided 
 over the stage, skylights of an area or combined area of at least one-twelfth 
 the area of said stage fitted with sliding sash, and glazed with double-thick 
 sheet glass, not exceeding one-eighth of an inch thick, 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 skylight 
 closed, or some other equally simple approved device for opening them may 
 be provided. Immediately under the glass of said skylights there shall be 
 a wire netting, unless the glass contains a wire netting within itself. The 
 walls separating the actors' dressing-rooms, workshop, storage or general 
 property-rooms from the stage, shall be of brick, and the openings leading 
 into said portions shall have iron or tin-covered wooden doors. There shall 
 be a direct exit from the dressing-room portion to the open-courts, and 
 should dressing-rooms be placed in the fly-galleries, or elsewhere, there 
 shall be proper exits provided therefrom to the fire-escapes in the open 
 courts. All seats in the auditorium, excepting those contained in boxes, 
 shall be firmly secured to the floor, and no seat in the auditorium shall have 
 
52 
 
 more than seven seats intervening between it and an aisle on either side, 
 and no stool or seat shall be placed in any aisle. All platforms in galleries 
 formed to receive seats shall not be more than twenty-one inches in height 
 of riser, nor less than thirty inches in width of platform. All aisles on the 
 respective floors in the auditorium, having seats on both sides of same, shall 
 be not less than three feet wide where they begin, and shall be increased in 
 width towards the exits in the ratio of one and one-half inches to five run- 
 ning feet. Aisles having seats on one side only shall be not less than two feet 
 wide at their beginning and increased in width the same as aisles having 
 seats on both sides. 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. Every theater accommodating three hundred 
 persons shall have at least two exits; when accommodating five hundred 
 persons, at least three exits shall be provided; these exits not referring to 
 or including the exits to the open court or courts at the side of the theater. 
 Doorways of exit or entrance for the use of the public shall not be less than 
 five feet in width, and for every additional one hundred persons or portion 
 thereof to be accommodated in excess of five hundred an aggregate of twenty 
 inches additional exit width must be allowed. All doors of exit or entrance 
 shall open outwardly and be hung to swing in such 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. A common place of exit and extrance may serve for the main floor 
 of the auditorium and the first gallery. There shall be at least two indepen- 
 dent staircases leading to the upper gallery located on opposite sides with 
 ^outlets from each gallery to each of said staircases. Stairways serving for 
 the exit of fifty people must be at least four feet wide, and for every addi- 
 tional fifty people to be accommodated six inches must be added to every 
 width. In no case shall the risers in stairs exceed seven and one-half inches 
 in height, nor shall the treads exclusive of nosing be less than ten and one- 
 half inches wide in straight stairs. No circular or winding stairs for the use 
 of the public shall be permitted. All such staircases shall connect directly 
 with the common place of exit and entrance or other exterior outlets. When 
 stairs return directly on themselves, a landing of the full width of both 
 flights, without any steps, shall be provided. Stairs turning at an angle 
 shall have a proper landing without winders introduced at said turn In 
 stairs, when two side flights connect with one main flight, no winders shall 
 be introduced. All staircases shall have on both sides strong hand-railings, 
 and where inclosed shall have on both sides strong hand-rails firmly secured 
 to the wall, about three inches distant therefrom and about three feet above 
 the stairs. Nothing herein contained shall prohibit the use of wood construc- 
 tion for floors, roofs, galleries, except that the supports of galleries shall be 
 of iron or steel, stairways and partitions not specifically mentioned, provided 
 that all such wood-work, including the wood-work on or about or under the 
 stage, all wood, furring studding, back of lathing, underside of stage, all 
 wood, furring studding, back of lathing, underside of floor and roof-boards, 
 timbers, stair stringers, back of treads and risers, and wainscoting fronts of 
 galleries and boxes shall be painted or saturated with not less than two 
 coats of some non-combustible material, to render the wood safe against fire, 
 to the satisfaction of the superintendent of buildings. All timber and other 
 
53 
 
 wood construction shall be so painted or saturated before being covered in. 
 The finishing coats of paint applied to all wood-work throughout the entire 
 building shall be of such kind as will resist fire. Every portion of the build- 
 ing devoted to the uses or accommodation of the public, also all outlets 
 leading to the street, shall be well and properly lighted during every per- 
 formance, and the same shall remain lighted until the entire audience has 
 left the premises. Gas and electrical mains supplying any theater shall have 
 independent connections for the auditorium and the stage, and provision 
 shall be made for shutting off said mains from the outside. All ducts or 
 shafts used for conducting heated air from over the main chandelier, and 
 from any other light or lights, shall be constructed of metal and made double, 
 with an air space between. Where interior gas lights are not lighted by elec- 
 tricity, suitable appliances, approved by the superintendent of buildings, 
 shall be provided. All stage lights shall have strong metal wire guards or 
 screens, not less than ten inches in diameter, so constructed that any mate- 
 rial in contact therewith shall be out of reach of the flames of said stage lights, 
 and shall be soldered to the fixtures in all cases. 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 ten feet by 
 wire rope. The foot-lights shall be protected by wire net-work, and in addi- 
 tion thereto there shall be a strong wire-guard or chain, placed not less than 
 two feet distant from said foot-lights, and the trough containing said foot- 
 lights shall be lined with tin. Every steam-boiler which may be required 
 for heating or other purposes shall be located outside of the theater proper, 
 and the space allotted to the same shall be inclosed by walls of masonry on 
 all sides, and the ceiling of said space shall be constructed of fire-proof 
 materials. All doorways in said walls shall have iron doors. 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 
 partitions to receive the same, and the recesses thus formed, if in a wood 
 partition, shall be lined with metal. All supply, return or exhaust pipes 
 shall be properly incased and protected where passing through floors or near 
 wood-work. Stand pipes shall be provided, with hose attachments, as fol- 
 lows: One 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 theater and all kept clear from obstruction. A proper and sufficient 
 quantity of hose not less than fifty feet in length shall be kept always attached 
 to each hose attachment. Said stand pipes shall receive their supply of water 
 direct from the street main, providing that the pressure is sufficient to reach 
 the roof over the stage from the nearest hose attachment. If the pressure of 
 water is insufficient, the stand pipes shall be supplied with water from a 
 tank located on the roof over the stage, the said tank to be supplied with 
 water by means of a steam-pump. There shall also be kept in readiness for 
 immediate use on the stage, buckets of water or portable fire-extinguishing 
 apparatus, and at least four axes on each tier or floor. The stand pipes, gas 
 pipes, electric wires, hose and all apparatus for the extinguishing of fire or 
 guarding against the same, as in this section specified, shall be in charge and 
 under the control of the fire department, and the commissioners of said de- 
 partment are hereby directed to see that the arrangements in respect thereto 
 are carried out and enforced. A diagram or plan of each tier, gallery or 
 
54 
 
 floor, showing distinctly the exits therefrom, shall be printed 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 
 eight inches high. 
 
 GENERAL PROVISIONS AND REQUIREMENTS. 
 
 APPLICABLE TO ALL CITIES COMING WITHIN THE 
 PROVISIONS OF THIS ACT. 
 
 50. Before the erection, construction or alteration of any building or 
 part of any building, or any platform, staging or flooring to be used 
 for standing or seating purposes is commenced, the owner, or his agent 
 or architect, shall submit to the superintendent of buildings a full and 
 complete copy of the plans of such proposed work, and a detailed 
 statement, in duplicate, of the specifications, on appropriate blanks to- 
 be furnished to applicants by the superintendent of buildings, giving 
 also the location, the proposed use of the building or structure, and 
 the estimated cost of the same, which shall be accompanied with a state- 
 ment in writing, sworn to before a notary public or commissioner of 
 deeds, giving the full name and residence (street and number) of the 
 owner, or of each of the owners of said building, or proposed building, 
 platform, staging or flooring. If such erection, construction or alteration 
 is proposed to be made by any other person than the owner or owners 
 of the land in fee, the person or persons intending to make such 
 erection or alteration shall accompany said detailed statement of the specifi- 
 cations, and copy of the plans, with a statement in writing, sworn to as 
 aforesaid, giving the full name and residence (street and number) of the 
 owner or owners of the land, and also of every person interested in said 
 building or proposed building, platform, staging or flooring, either as 
 owner, lessee, or in any representative capacity. Such statement may be 
 made by the agent or architect of the person or persons hereinbefore 
 required to make the same, and any notice served upon such agent or 
 architect by the superintendent of buildings shall be binding upon the 
 principals. Said sworn statement, and detailed statement and copy of the 
 plans shall be kept on file in the office of the superintendent of buildings, 
 and the erection, construction or alteration of said building, platform, 
 staging or flooring, or any part thereof, shall not be commenced or pro- 
 ceeded with, until said statement and plans shall have been so filed, and 
 approved by the superintendent of buildings, and a permit issued by him 
 therefor. Any permit so issued, but under which no building work is 
 commenced within one year from the time of issuance, shall expire by 
 limitation. But the superintendent may, in his discretion, and for reasons 
 to be stated in writing, by the applicant, and filed with the plans and 
 detailed statement, dispense with the making of said sworn statement in any 
 
55 
 
 case. Nothing in this section shall be construed to prevent the superin- 
 tendent of buildings from granting his approval for the erection of any part 
 of a building where plans and detailed statements have been presented for the 
 same before the entire plans and detailed statements of said building have 
 been submitted. Any false swearing in a material point in any statement 
 submitted in pursuance of the provisions of this section shall be deemed 
 perjury and shall be punished as such. Ordinary repairs may be made 
 without notice to the superintendent of buildings, but such repairs shall 
 not be construed to include the cutting away of any stone or brick wall, or 
 any portion thereof, the removal or cutting of any beams or supports, or the 
 removal, change or closing of any staircase. 
 
 51. The superintendent of buildings shall have power (except as 
 herein otherwise provided) to pass upon any question relative to the mode, 
 manner of construction, or materials to be used, in the erection or altera- 
 tion of any building, or other structure provided for in this act, to make the 
 same conform to the true intent and meaning of the several provisions of 
 this act. He shall also have power to vary or modify the provisions of this 
 act, upon application to him therefor in writing, by an owner of such 
 building or structure, or his representative, where there are practical diffi- 
 culties in the way of carrying out the strict letter of this law, so that the 
 spirit of the law shall be observed, the public safety secured and sub- 
 stantial justice done; but no such deviation shall be permitted unless a 
 record of the same shall be kept by the said superintendent of buildings, 
 and a certificate be first issued to the party applying for the same. In cases 
 in which it is claimed by an owner, in person or by his representative, that 
 the provisions of this act do not directly apply, or that an equally good and 
 more desirable form of construction can be employed in any specific case 
 than that required by this act, but a permit for which has been refused by 
 the superintendent of buildings, then such person shall have the right to 
 present a petition to the superintendent of buildings, together with a deposit 
 of thirty dollars, requesting the appointment of an examining board, and 
 thereupon the superintendent of buildings shall appoint a disinterested and 
 competent architect or builder, the applicant shall appoint a second, and the 
 two so chosen shall select a third. The said examiners shall each take the 
 usual oath of office before entering upon the performance of their duties. 
 They shall meet in the office of the superintendent of buildings, and the 
 applicant, or his representative, or both, may appear before said board and 
 be heard. The said board shall consider such petition and, as soon as 
 practicable, render a decision thereon. The said board of examiners are 
 hereby authorized and empowered to grant or reject such petition, and the 
 decision of a majority of them, reduced to writing, and addressed to the 
 superintendent of buildings, shall be final and conclusive. If such decision 
 is favorable to said petitioner, a certificate shall be issued by the super- 
 intendent of buildings in accordance therewith. Each of the three 
 examiners shall receive for his services ten dollars from the money deposited 
 with the superintendent of building for that purpose. 
 
 52. The owner or owners of any building, or part thereof, upon 
 which any violation of this act may be placed, or shall exist, and any archi- 
 tect, builder, carpenter or mason who may be employed or assist in the 
 commission of any such violation, and any and all persons who shall 
 
56 
 
 violate any of the provisions of this act, or fail to comply therewith, or any 
 requirement thereof, or who shall violate, or fail to comply with, any order 
 or regulation made thereunder, or who shall build in violation of any 
 detailed statement of specifications or plans, submitted and approved 
 thereunder, or of any certificate of permit issued thereunder, shall severally, 
 for each and every such violation, or non-compliance, respectively forfeit 
 and pay a penalty in the sum of fifty dollars, except that any such person 
 who shall violate any of the provisions of this act as to the construction of 
 chimneys, fire-places, flues, hot-air pipes and furnaces, or with reference to 
 the framing or trimming of timbers, girders, beams or other wood work 
 proximate to chimney flues or fire-places, shall forfeit and pay a penalty in 
 the sum of one hundred dollars. But if any said violation shall be 
 removed, or be in process of removal, within ten days after the service of a 
 notice as hereinafter prescribed, the liability for such penalty shall cease, 
 and said department of buildings or fire department, as the case may be, 
 shall discontinue any action pending to recover the same, upon such 
 removal, or the completion thereof within a reasonable time. Any and all 
 of the afore-mentioned persons, who having been served with a notice as 
 hereinafter prescribed, to remove any violation, or comply with any require- 
 ment of this act, or with any order or regulation made thereunder, shall fail 
 to comply with said notice within ten days after such service, or shall con- 
 tinue to violate any requirement of this act in the respect named in said 
 notice, shall pay a penalty of one hundred dollars. The superintendent of 
 buildings is hereby authorized, in his discretion, good and sufficient cause 
 being shown therefor in writing and filed in his office, to remit any fine or 
 fines, penalty or penalties, and costs which any person or persons may have 
 incurred, under any of the provisions of this act. 
 
 53. Superintendents of buildings and deputy superintendents 'of 
 buildings shall be competent architects or builders of at least ten years' 
 practice. The inspectors shall be competent men, either architects, civil 
 engineers, masons, carpenters or iron workers, who have served at least ten 
 years as such. They shall be men of good character, capable of writing a 
 fair hand, and able to make out with clearness their reports, and no person 
 shall serve as or be appointed to office as an inspector of buildings who is 
 deficient in these qualifications. It shall not be lawful for any officer or 
 employee in any department or bureau of buildings to be engaged in con- 
 ducting or carrying on business as an architect, civil engineer, carpenter, 
 iron worker, mason or builder. The superintendent of buildings shall be 
 authorized to designate in writing the deputy superintendent of buildings, 
 or any of the inspectors, to act on any survey authorized by this act, or 
 perform such other duties as the said superintendent may direct. The 
 deputy superintendent of buildings or an inspector when there is no deputy, 
 to be designated by the superintendent, shall act as superintendent of 
 buildings in case of absence of the superintendent from his office, and shall 
 while so acting, possess all the powers in this act vested in or imposed 
 upon the superintendent of buildings. The officers, clerks and messengers 
 of the said department or bureau of buildings shall perform such duties as 
 they and each of them may be directed to perform by the superintendent of 
 buildings. Any inspector of buildings for any neglect of duty, or omission 
 to properly perform his duty, or violation of rules, or neglect or dis- 
 
57 
 
 obedience of orders, or incapacity, or absence without leave, may be 
 punished by the superintendent of buildings by forfeiting and withholding 
 pay for a specified time, or by suspension from duty with or without pay; 
 but this provision shall not be deemed to abridge the right to remove or 
 dismiss any such inspector. All the officers appointed under this act, shall, 
 so far as may be necessary for the performance of their respective duties, 
 have the right to enter any building or premises in said city. 
 
 54. All suits or proceedings instituted for the enforcement of any of 
 the provisions of this act, or for the recovery of any penalty thereunder, 
 shall be brought in the name of the department of buildings or the fire 
 department, as the case may be, of said city, by the city attorney, to whom 
 all notices of violation shall be returned for prosecution, and it shall be his 
 duty to take charge of the prosecution of all such suits or proceedings, 
 collect and receive all moneys that may be collected upon judgments, suits 
 or proceedings so instituted, or which may be paid by any parties who have 
 violated any of the provisions of this act, and upon settlement of judgment 
 and removal of violations thereunder, execute satisfaction therefor. He 
 shall, quarterly, render to the city treasurer an account of all penalties and 
 all other money, including costs, received by him, together with his bill for 
 all necessary disbursements incurred or paid in said suits, and shall pay 
 over quarterly the amount of such penalties and costs so collected to the 
 city treasurer as a fund for the use and benefit of the said department or 
 bureau of buildings, as the case may be, for the purposes of paying any 
 expense incurred by said department or bureau under Section Sixty-one of 
 this Act, and also for the purpose of carrying into effect any order or 
 precept issued by any court or judge or justice thereof in this act named, to 
 the said department or bureau or superintendent of buildings, and upon the 
 requisition of said department, bureau or superintendent of buildings, said 
 city treasurer shall pay such sum or sums as may be allowed and taxed by 
 any court of record, or a judge or justice thereof, for such purposes, as far 
 as the same may be in his hands. By city attorney, as in this act used, is 
 intended the officer or person who, under existing laws, is authorized to 
 appear for and represent the city, or its municipal departments, as attorney, 
 in legal proceedings in behalf of or against such city or municipal depart- 
 ments. By city treasurer, as in this act used, is intended the chief financial 
 officer of the city, by whatever title designated in existing laws, and by fire 
 commissioners is intended the officers of the fire department performing the 
 duties of fire commissioners. 
 
 55. All courts of record, and justices and judges thereof, in the 
 county in which any city may be located, shall have cognizance of and 
 jurisdiction over all suits brought in such city for the recovery of any penalty 
 and of all actions and proceedings, either legal or equitable, that may be 
 appropriate or necessary for the enforcement of the provisions of this act, 
 and 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 its provisions. Whenever the superintendent of buildings is 
 satisfied that any building or structure, or any portion thereof, the erection, 
 construction, or alteration of which is regulated, permitted or forbidden by 
 this act, is being erected, constructed or altered, or has been erected, con- 
 
5 
 
 structed or altered, in violation of, or not in compliance with, any of the 
 provisions or requirements of this act, or in violation of any detailed state- 
 ment of specifications or plans submitted and approved thereunder, or of 
 any certificate of permit issued thereunder, or that any provision or require- 
 ment of this act, or any order or direction made thereunder has not been 
 complied with, said city attorney, upon notice from the superintendent of 
 buildings, may institute any appropriate action or proceeding, at law or in 
 equity, to restrain, correct or remove such violation, or to restrain or correct 
 the erection or alteration of, or to require the removal of, or to prevent the 
 occupation 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 act, or with respect to which the requirements of this act, or of any 
 order or direction made pursuant to any provisions contained in this act, 
 shall not have been complied with. In any such action or proceeding said 
 city attorney may, on the affidavit of the superintendent of buildings, setting 
 forth the facts, apply to any court of record in said city, or in the county in 
 which said city is situated, or in an adjoining county, or to a judge or 
 justice thereof, for an order enjoining and restraining 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 occupying 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 application, with 
 or without notice, and to make such other or further orders or directions as 
 may be necessary to render the same effectual. No officer of any depart- 
 ment or bureau of buildings created under this act, acting in good faith and 
 without malice, shall be liable for damages by reason of anything done in 
 any such action or proceeding. No undertaking shall be required as a con- 
 dition of the granting or issuing of such injunction order, or by reason 
 thereof All courts in which any suit or proceeding is instituted under this 
 act shall, upon the rendition of a verdict, report of a referee, or decision of 
 a judge or justice, render judgment in accordance therewith; and the said 
 judgment so rendered shall be and become a lien upon the premises 
 named in the complaint in any such action, to date from the time of the 
 filing in the county clerk's office in the county where the property affected 
 by such notice is situated, of a notice of Us pendens therein; which lien may 
 be enforced against said property, in every respect, notwithstanding the 
 same may be transferred subsequent to the filing of the said notice. Said 
 notice of Us pendens shall consist of a copy of the notice issued by the 
 superintendent of buildings, requiring the removal of the violation and a 
 notice of the suit or proceeding instituted, or to be instituted, thereon, and 
 said notice of Us pendens may be filed at any time after the service of the 
 notice issued by the superintendent of buildings as aforesaid. Any notice 
 of Us pendens filed pursuant to the provisions of this act may be vacated and 
 discharged of record, upon an order of a judge or justice of the court in 
 which such suit or proceeding was instituted or is pending, or upon the 
 consent in writing of the city attorney, and the clerk in whose office said 
 
59 
 
 notice of Us pendens is filed is hereby directed and required to mark any 
 such notice of Us pendens , and any record or docket thereof, as vacated and 
 discharged of record, upon the presentation and filing of a certified copy of 
 an order as aforesaid, or of the consent, in writing, of said city attorney. In 
 no case shall any said department or bureau of buildings, or any officer 
 thereof, or any defendant, be liable for costs in any action, suit or proceed- 
 ing that may be instituted or commenced, in pursuance of this act, unless 
 specially ordered and allowed by a court or justice, in the course of such 
 action, suit or proceeding. But an execution against the person of the 
 judgment debtor shall not be issued upon any judgment for a penalty im- 
 posed by this act. 
 
 56. All notices of the violation of any of the provisions of this act, 
 and all notices directing anything to be done, required by this act, and all 
 other notices that may be required or authorized to be issued thereunder, 
 including notice that any building, structure, premises, or any part thereof, 
 is deemed unsafe or dangerous, shall be issued by the superintendent of 
 buildings, and shall have his name affixed thereto, and may be served by 
 any officer or employee of any department or bureau of buildings, or by any 
 person authorized by the same. All such notices, and any notice or order 
 issued by any court in any proceeding instituted to restrain or remove any 
 violation, or to enforce compliance with any provision or requirement of 
 this act, may be served by delivering to and leaving a copy of the same, 
 with any person or persons violating, or who may be liable under any of the 
 several provisions of this act, or to whom the same may be addressed, and if 
 such person or persons can not be found after diligent search shall have 
 been made for him or them, 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, which 
 shall be equivalent to a personal service of said notice or order upon all 
 parties for whom such search shall have been made. Such notice or order 
 shall contain a description of the building, premises or property upon 
 which such violation shall have been put or may exist, or which may be 
 deemed unsafe or dangerous, or to which such notice or order may refer. 
 If the person or persons, or any of them, to whom said notice or order is 
 addressed, do not reside in the State of New York, and have no known 
 place of business therein, the same may be served by delivering to, and 
 leaving with, such person or persons, or either of them, a copy of said 
 notice or order, or if said person or persons can not be found within said 
 State after diligent search, then by posting a copy of the same in manner as 
 aforesaid and depositing a copy thereof in the post office of any such city, 
 inclosed in a sealed wrapper addressed to said person or persons at his or 
 their last known place of residence, with the postage paid thereon; and 
 said posting and mailing of a copy of said notice or order shall be equi- 
 valent to personal service of said notice or order. 
 
 57. Any building or buildings, part or parts of a building, staging 
 or other structure, that from any cause may now be, or shall at any time 
 hereafter become dangerous or unsafe, may be taken down and removed, or 
 made safe and secure, in the manner following: Immediately upon such 
 unsafe or dangerous building or buildings, or part or parts of a building, 
 
6o 
 
 staging or structure being so reported by any of the officers of said depart- 
 ment or bureau of buildings, as the case may be, the same shall be immedi- 
 ately entered upon a docket of unsafe buildings, to be kept by said super- 
 intendent; and the owner, or some one of the owners, executors, adminis- 
 trators, agents, lessees, or any other person or persons who may have a 
 vested or contingent interest in the same, may be served with a printed or 
 written notice containing a description of the premises or structure and the 
 parts deemed unsafe or dangerous, requiring the same to be made safe and 
 secure, or removed, as the same may be deemed necessary by the said 
 superintendent, which said notice shall require the person or persons thus 
 served to immediately certify to the superintendent of buildings his or their 
 assent or refusal to secure or remove the same. 
 
 58. If the person or persons so served with notice shall immediately 
 certify his or their assent to the securing or removal of said unsafe or 
 dangerous building, premises or structure, he or they shall be allowed until 
 one o'clock, p. m., of the day following the service of such notice in which 
 to commence the securing or removal of the same; and he or they shall 
 employ sufficient labor and assistance to secure or remove the same as 
 expeditiously as the same can be done. But upon his or their refusal or 
 neglect to comply with the requirements of said notice so served, a further 
 notice shall be served upon the person or persons heretofore named, and in 
 the manner heretofore prescribed, notifying him or them 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 the said notice, by 
 three competent persons, each of whom shall be a practical builder or 
 architect, and one of whom shall be the superintendent of buildings, or an 
 inspector duly authorized by him, or the deputy superintendent of build- 
 ings, another of whom shall be appointed by the person or persons thus 
 notified, and the third by the two thus chosen; and that in case the said 
 premises shall be reported unsafe or dangerous by said surveyors, or a 
 majority of them, the said report will be presented to a court of record 
 therein named, which shall be a court held within said city, or within the 
 county in which said city is situated, or in an adjoining county, and that a 
 trial upon the allegations and statements contained in said report, be the 
 report of the 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 a 
 report of such survey, reduced to writing, shall constitute the issue to be 
 placed before the court for trial. If the person or persons on whom said 
 notice is served refuse or neglect to appoint a surveyor, within a time fixed 
 in the notice, the superintendent of buildings shall appoint a builder or 
 architect to act for the person or persons so served with notice, and said 
 two persons may make the survey, and in case of disagreement they shall 
 appoint a third person, a builder or architect, to take part in the survey. If 
 the person acting on behalf of any department or bureau of buildings and 
 the surveyor appointed by the person or persons on whom any such notice 
 was served shall neglect or refuse to choose a third person to act upon any 
 survey, within a reasonable time, the superintendent of buildings shall 
 
6i 
 
 designate such third person. A copy of said report of survey shall be 
 posted on the building, by the persons holding the survey, immediately on 
 their signing the same. The architect or builder appointed by the super- 
 intendent of buildings when the person or persons notified neglect or refuse 
 to appoint, as also the architect or builder who may serve as a third surveyor 
 on any survey called in accordance with the provisions of this act, shall 
 each receive the sum of ten dollars, to be paid by the city treasurer upon 
 the voucher of the superintendent of buildings, and a cause of action is 
 hereby created for the benefit of said city against the owner or owners 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, which shall be 
 prosecuted in the name of the city. The amount so collected shall be paid 
 over to the city treasurer in reimbursement of the amounts paid by him as 
 aforesaid. 
 
 59. 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 city attorney shall, at the time in the said notice named, 
 present said notice and report to the judge or justice holding the court in 
 the said notice named, which said judge or justice shall immediately pro- 
 ceed to obtain and impanel a jury, and to the trial of said issue before said 
 jury, giving precedence to the trial of this issue over every other business, 
 and said judge or justice shall have power to impanel a jury for that purpose 
 from any jurors in attendance upon said court, or in case sufficient jurors 
 shall not be in attendance, then from any jurors that may be summoned for 
 that purpose, and said judge or justice shall have power to summon jurors 
 for that purpose; and any such suit or proceedings commenced before a 
 judge or justice may be continued before another judge or justice of the 
 same court; a jury trial may be waived by the default of the defendant or 
 defendants to appear at the time and place named in the said notice, or by 
 agreement, and in such case the trial may be by the court, judge, justice or 
 referee; and upon the rendition of a verdict or decision of the court, judge, 
 justice or referee, if the said verdict or decision shall find the said building, 
 premises or structure to be unsafe or dangerous, the judge or justice trying 
 said cause, or to whom the report of the referee trying said cause shall be 
 presented, shall immediately issue a precept out of said court, directed to 
 the superintendent of buildings, reciting said verdict or decision, and com- 
 manding him forthwith to repair and secure, or take down and remove, as 
 the case may be, in accordance with said verdict or decision, said unsafe or 
 dangerous building, buildings, part or parts thereof, staging, structure or 
 other premises that shall have been named in the said report; and said 
 superintendent shall immediately thereupon proceed to execute said pre- 
 cept as therein directed, and may employ such labor and assistance, and 
 furnish such materials as may be necessary for that purpose, and after 
 having done so, said superintendent shall make return of said precept, with 
 an indorsement of his action thereunder, and the cost and expenses thereby 
 incurred, to the said court, and thereupon a judge or justice of said court 
 shall tax and adjust the amount indorsed upon said precept, and shall 
 adjust and allow disbursements of said proceeding, together with the pre- 
 liminary expenses of searches and surveys, which shall be inserted in the 
 judgment in said action or proceeding, and shall render judgment for such 
 
62 
 
 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 or persons, or either of 
 them, named in the said notice had in the lot, ground or land upon which 
 the said building or structure was placed at the time of the filing of a notice 
 of Us 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 manner 
 and with like effect as sales under judgment in foreclosure of mortgages; 
 and 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, said depart- 
 ment or bureau of buildings, or fire department, as the case may be, may 
 make requisition upon the city treasurer for such amount or amounts, of 
 money as shall be necessary to meet the expenses thereof; and upon the 
 same being approved by any judge or justice of the court from which the 
 said order or precept was issued and presented to said city treasurer, he 
 shall pay the same, and for that purpose shall borrow and raise, upon 
 revenue bonds to be issued in the name of the said city, the several amounts 
 that may from time to time be required, or the city may transfer to the order 
 of the city treasurer, for this purpose, such amounts as may be necessary, from 
 any unexpended or excessive appropriations of the current or any previous 
 year, which shall be reimbursed by the payment of the amount, and interest 
 at six per cent, out of the judgment or judgments obtained as aforesaid, if 
 the same shall be collected. In case said 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 without a new survey, 
 upon not less than three days' notice of trial to the person or persons upon 
 whom the original notice was served, or to his or their attorney, which 
 notice of trial may be served in the same manner as said original notice. 
 The notice of Us pendens provided for in this section shall consist of a copy 
 of said notice of survey, and shall be filed in the office of the clerk of the 
 county where the premises affected by said notice are situated. Provided 
 nevertheless, that immediately upon the issuing of said precept the owner 
 or owners of said building or premises or any party interested therein, 
 upon application to said superintendent of buildings, shall be allowed to 
 perform the requirements of said precept, at his or their own proper cost 
 and expense, provided the same shall be done immediately, and in 
 accordance with the requirements of said precept, upon the payment of all 
 costs and expenses incurred up to that time. 
 
 60. In case any notice or direction authorized to be issued by this 
 act is not complied with within ten days after the service thereof the super- 
 intendent of buildings, through the city attorney, may apply to a court of 
 record within said city, or to a judge or justice of a court of record residing 
 or holding court in said city, or to a court of record, or a judge or justice 
 thereof, within the county in which said city is situated, or in an adjoining 
 county, for an order directing.the department or bureau of buildings, as the 
 case may be, to proceed to make the alterations or remove the violation or 
 violations, as the same may be specified in said notice or direction. When- 
 ever any notice requires fire-escapes or means of egress in case of fire, to 
 be placed in or upon any building, shall have been served as directed in 
 this act, and the same shall not have been complied with within ten days 
 after service thereof, the superintendent of buildings, through the city attor- 
 
63 
 
 ney, may, in addition to or in lieu of the remedy last above provided, apply 
 to a court of record or to a judge or justice thereof, as last above provided, 
 for an order directing the department or bureau of buildings, as the case 
 may be, to vacate such building or premises, or so much thereof as said 
 department or bureau may deem necessary, and prohibiting the same to be 
 used or occupied for any purpose specified in said order, until such notice 
 shall have been complied with. The expenses and disbursements incurred 
 in the carrying out of any of said orders shall become a lien upon said 
 building or premises named in the said notice, from the time of filing 
 of a copy of the said notice, with a notice of the proceedings taken 
 thereunder, in the office of the clerk of the county within which the 
 premises affected by said notice are situated; and the said court, or a 
 judge or a justice thereof, to whom application 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 
 such lien may be enforced in the same manner as liens acquired under the 
 mechanics' lien law. In case any of the notices provided for in this act 
 shall be served upon any lessee or party in possession of the building or 
 prermses 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 said 
 building named in the notice, if the same shall be known to the said person 
 personally, if such person shall be within the limits of the city, and his 
 residence known to such person, and if not within said city, then by depos- 
 iting a copy of said notice in the post-office, properly inclosed and addressed 
 to such owner or agent, at his then place of residence, if known, and by 
 paying the postage thereon. In case any lessee or party in possession shall 
 neglect or refuse to give such notice as herein provided, he shall be person- 
 ally liable to the owner or owners of said building or premises for all dam- 
 ages he or they shall sustain by reason thereof. 
 
 61. In case of the falling of any building or part of any building in 
 any city to which this act relates, where persons are known or believed to 
 be buried under the ruins thereof, it shall be the duty of the fire department 
 to cause an examination of the premises to be made for the recovery of the 
 bodies of the killed and injured. In case there shall be, in the opinion of 
 the superintendent of buildings, actual and immediate danger of the falling 
 of any building or part thereof, so as to endanger life or property, said sup- 
 erintendent shall cause the necessary work to be done to render said build- 
 ing or part thereof temporarily safe, until the proper proceedings can be 
 taken, as in the case of an unsafe building, as provided for in this act. For 
 the aforesaid purposes, the said fire department, or the superintendent of 
 buildings, as the case may be, shall employ laborers and materials as may 
 be necessary to perform said work as speedily as possible, and the city 
 treasurer is authorized and directed to provide the funds to prosecute said 
 work until completed. For the purpose of- providing the money for said 
 work and materials, or either of them, the city is hereby authorized to trans- 
 fer to the order of the city treasurer such sums as may be necessary, from 
 any unexpended or excessive appropriation of the then current or of any 
 previous year, or to issue revenue bonds payable out of the taxes of the 
 next ensuing year. 
 
 62. This act is hereby declared to be a remedial statute, and is to be 
 
6 4 
 
 construed liberally to secure the beneficial interests and purposes thereof 
 Notrnng herein contained shail be construed ,o affect an/suf, O *pro"$. 
 ng now pendmg ,n any court, or any rights acquired, or liability incurred 
 nor any cause or causes of action accrued or existing, under Ly act rt 
 pealed hereby; nor to repeal, limit or modify the powers and duties of any 
 local or state board of health. 
 
 g 63. This act shall take effect ninety days after its passage. 
 
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