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6
BY=LAW No. 730
Passed 30th April. t894.
As amended by By-Law No. 738, passed 2Sth May, 18^4; by|
By-Law No. 790, passed 24th June, 1895, and by^
By-Law No. 864, passed 28th Dec, 1896.
RELATING TO
BUILDINGS,
FIRE LiniTS and
PRIVATE DRAINS
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By-Law No. 730
■WIT13: .^is^LEisriDisdiEnsrTS.
To Amend and Consolidatk tiik F^ike Limits Bv-Law
AND THE Building Pjv-Lavv, and to Provide for
THE Inspection of Private Drains.
Whereas, it is expedient to amenc', and consolidate the by-
laws now in force for regulatin|^ the erection of building^s and de-
fining the fire limits and for preventing fires and also to pass a by-
law making provision for the inspection of private drains.
Therefore the Municipal Council of the ('ity of Hamilton en-
acts as follows :
i
1. Chapter 41 of the Consolidated By-laws of the City of Ham-
ilton, sections 5 and 6 of chapter 31 of the Consolidated By-laws,
and By-law number 541 of this City are hereby repealed.
Building Inspector.
2. The Council shall from time to time appoint a competent, prac-
tical and discreet man to be inspector of buildings and of fire limits
and private drains, at such salary as the Council may think fit to
provide, the person so appointed to be called the Building Inspector,
and to hold office during the pleasure of the Council.
3. The duties of the Building Inspector shall be as follows :
(a) He shall receive and take due care of all plans and descrip-
tions of buildings deposited with him under the provisions of this
By-law and record the same in a book to be kept in his office for
that purpose, and shall keep such book properly indexed and open
for inspection and reference, and issue permits in accordance with
the terms of this By-law, and he shall also record in a book to be
kept by him all reports and complaints made to him as Building
Inspector. ^v.
(b) He shall inspect all buildings while being erected, altered
or enlarged within the City, and all scaffolding put up or used in
connection therewith, and also the erections placed by the builder
or contractor upon any street, lane or alley adjacent to any such
building or any obstruction or want of repair in any such street,
lane or alley caused by the deposit of building material or by the
carrying on of the works.
(c) He shall examine carefully, when requested to do so, or
whenever he may deem it necessary or proper, all chimneys, fire-
places, hearths, ovens, b( ilcrs, furnaces, stoves, steam pipes, stove
pipes, funnels, flues and all places where fires are made or kept, or
where ashes are kept, or where there may be any hay or straw, or
any buildings, fences or erections or lumber or other combustible
material which may be a source of danger from fire to the adjacent
property within the city, and he shall notify the owner, occupant
or party using the building or premises where any such thing may
be a source of danger from fire, to discontinue the use of or to re-
move the same.
(d) He shall inspect the drains of all buildings in the course of
erection, and also all drains made or re-laid from any buildings al-
ready erected and see that such draining is done in a thorough
manner, and shall keep a record of every inspection, and of his de-
cision and action thereon in a book to be provided by the Corpora-
tion for that purpose, and shall make in such book a small diagram
showing the location of each drain therein referred to.
(e) He shall inspect the drains connected with or leading from
or situate in any building or premises in the City of Hamilton
when requested by the Medical Health Officer, or by the Sewer
Committee, or the chairman thereof, to do so, and if he finds the
same to be out of repair r not properly constructed, or otherwise
defective, or the drains not properly trapped or ventilated, he shall
notify the owner or owners thereof in writing, calling their atten-
tion thereto and calling on them to re-construct, alter or repair the
same.
4. It shall also be the duty of the Building Inspector to enforce
the p-ovisions of this by-law, and that he may be able to do so in
all respects, the Street Commissioner shall notify him of the in-
tended construction or reconstruction of any pavement where con-
ductors or gutter pipes are to be connected with the sewers under
section 35 of this by-law, and also of any violation which may
come under his notice of the provisions of this by-law affecting the
streets, sidewalks, pavements or sewers of the city.
»<i
Fire Limits.
5. All that part of the City of Hamilton embraced in the follow-
ing limits or boundaries shall hereafter constitute and be known as
i-'
the fire limits tif (he City of Hamilton : Commencing on the west-
erly limit of W'entworth street at its intersection with the lands of
the (Irand IVunk Railway Company, thence southerly along Went-
worth street to the laiuls of the said Company, ft)rmerly belonging
to the Hamilton & Lake l*>ie Railway (Company, thence in a north-
westerly direction along I he northerly limit of said lands to Young
street, thence westerly along \'oung street to Ferguson avenue,
thence southerly along Ferguson avenue to the John street moun-
tain road, thence in a southwesterly direction along said road to
the point where that road is intersected h/ the short road leading
up the mountain in a southwesterly direction from the head of John
street, thence in a straight line in a northwesterly direction to
Aberdeen avenue at its intersection with the James street mountain
road, thence westerly along Aberdeen avenue to i.ocke street,
thence northerly along Locke street to King street, thence westerly
along King street to Huntlurn street, thence northerly along Pun-
durn street and in continuation of the line of that street to the lands
of the (Irand Trunk Railway Company, thence in a straight line in
a southeasterly direction to Barton street at its intersection with the
east side of Oxford street, thence easterly along Fiaiton street to
Queen street, thence southerly along Queen street to Clarence
street, thence easterly along Clarence street to Hess street, thence
southerly on Hess street to Cannon street, thence easterly on Can-
non street to Railroad street, thence northerly on Railroad street to
Mulberry street, thence easterly on Mulberry street to Bay street,
thence northerlv on Bay street to the southern limit of the lands of
the Grand Trunk Railway Company, thence easterly along the
southerly limit of the lands of the said Company to the place of
beginning.
(a) The said fire limits shall also include that portion of the City
of Hamilton embraced in the following limits or boundaries, namely :
Commencing on the easterly limit of John street at its intersection
with the northerly limit of the lands of the Grand Trunk Railway
Company, thence northerly along the easterly limit of John street
to Guise street, thence westerly along (>ui.se street to James street,
thence southerly along James street to Burlington street, thence
westerly along Burlington street to within fifty feet of the waters
of Burlington Bay at high water mark ; thence southerly following
the line of the Bay shore at a distance of fifty feet easterly from
high water mark to Simcoe street, thence easterly along Simcoe
street to Bay street ; thence southerly along the west side of Bay
street to its intersection with the northerly limit of the lands of the
Grand Trunk Railway Company, thence easterly along said limit to
the place of beginning ; and also the land on the east side of John
street to the depth of one hundred feet from the northerly limits of
the lands of the Grand Trunk Railway Company to Guise street,
and the lands on the West side of Bay street to to the depth of one
hundred feet, from Simcoe street to the northerly limit of the lands
of the Grand Trunk Railway Company.
/)i'pi)si/ (iit(/ I iisf^ci lion of Plans.
(>. Nil person shall lutniiu'iici* the croelion til an\ huililinj;', or
pari of a liiiiKlin^. ol llu' I'ost i^f nioro than Sioo, wiihiii the tjty
until lu" shall ha\».' ik'|"'>i>iuil with tin- HuiU'.inL; Inspector a y;roiiiul
or hloeU plan showinj^ the lc\el ('t'i. the cellar aiul baseiiienls thereof
With referenctf to the i,'raile line oi the acljoininj; street or streets as
laid tlown or recoriled in the office ot tlie I'ity l*!nyfineer, and also a
description showing' the materials with which the walls t>f the
building are to he const riicted, and has obtained a permit from the
Xuildin^ Inspectoi to proceed therewith. I-'very contractor or
builder shall proihice to the Building Inspector for inspection when-
ever reqviiretl by him the plans of any Iniildin*;' which such con-
tractor 4>r builder mav be erectini/ within the t.'itv Limits.
Onlcr Walls aiid /\tr/lll<>i>s.
7. Kvery buildini,'', or part of a buildini,'-, made, constructed, or
placed within the said lire limits, shall be built witii i^'iter walls o^
iron, stone or brick, and when such building or pari of a buildinj;
is built with outer walls oi iron, such walls shall not be less than
one-eighth of an inch of iron in thickness ; when the outer walls are
built of stone or brick, and svich buildini,^ or part oi a buildinj^ i.i
more than one-and a-half and less than three storeys in hoiiji^lu, the
outer walls shall be at least eijjht and one-half inches in thickness,
and when three storeys in heij^ht, the outer walls i^f the first and
second storeys shall be not less than tweKe inches in thickness, and
of the third storey not less than ei_<;ht and one-half inches in thick-
ness, and when more than three storeys in height the outer walls
of the first storey shall be not less than sixteen inches in thickness
and of the sect>nd and third storeys not less than twelve inches
and of the upper storey not less than eight and one-half inches in
thickness.
(a) Every mansard roof shall tor the purposes of this by law be
considered as a storey, and such .storey must be divided by brick or
stone partition walls as hereinafter provided when such partition
walls are extended to the storey next below it.
(b) Every building- within such fire limits which is to be divided
into one or more stores, tenements or dwellings, and whether the
same is being newly constructed or is being altered or rebuilt, shall
be so divided by brick or stone partition walls runtiing from the
front to the rear of such building and extending from the founda-
tion to the full height of each partition, sucli partition walls to be
not less than eight and one-half inches in thickness, if not extend-
ing more than three storeys in height, but if extending beyond that
height, such partition walls up to and inclusive of the third storey
shall be not less than twelve inches in thickness and the partition
walls above the third storey shall be not less than eight and one-
'*
half iiKhcs in thickness, and all such partition walls where ihoy
divide the top storey of a buildint^ shall he ciMitinucd and built up
t<' a height o( tweivL- inches above the roof.
(c) Where any hal". or larj^e room is to Ite constructed on an
upper storey, ami is to extend over two or more oi such stores,
tenements or dwellings, the party walls shall be carried from the
foundation to the top of the tloor joist oi such hall or room, and the
lloorinj^f o( said hall or room where p;»ssinj.c over the tops oi such
partition walls shall be siilidly bedded upon a lialf-inch coatiny; of
asbestos mortar.
(d) In all cases I he ends o\i any and all joists resting in or upon
any wall or partition shall be at least four inches apart in each dir-
ection and any space interveninj;- between the ends of such joists shall
be filled with brick and mortar.
(e> No wall or part of a wall of any tower within the City Limits
shall be built upon any wooden beam or wooden j»'irder or support.
Ii levator Shafts.
(f) Ivvery elevator shaft shall be constructed with brick walls
not less than eij^lu and one half inches in thicknes, with iron doors
to each openiiii^, commencing;' at the lowest point reached by such
elevator and extending^ at least 5 feet above the roof of the build-
ing", and the roof of ach elevator shaft shall be formed by a sky-
light.
(g") Or shall bi' de with sides consisting of bars of iron open
on each storey and : lall have hori/onlal fire proof doors on each
flat which shall automatically close the elevator opening in the floor
when the buildinj, shall ba heated by any lire, which might spread
from the flat below through the elevator opening, such automatic
doors to be made and placed in position to the satisfaction of the
Building Inspector and the Chief Cngineer of the Fire Department.
Brick Vcnccr.
8. Any on'^ or two storey frame building already erected may
be brick d up with four-inch brick walls within said fire limits, if
Maced on t stone foundation.
Roo/s.
9. All roofed buildings within the fire liniits shall be finished ex-
ternally with tin, iron, zinc, copper, slate, tile or felt and gravel,
.)r with shingles laid in hair mortar, not less than one quarter of an
inch in thickness, or with shingles laid in fire-prppf felt or with
some other material of an inccmbustible nature, and no roof of ai'.y
buiMingf already erected in the said fire limits shall be re-laid or re-
covered except with materials hereinbefore enumerated.
Wooih ' // />' // //(//// i>\\' .
10. Nothinjif herein contained shall be so construed as to pre-
vent the erection within the said lire limits of any buildiiiij con-
structed of material other than with walls of iron, stone or brick,
not exceedinjj 2i6 square feet in area and 16 feet in heijjht at
the highest part of tiie roof thereof, or lo require such building to
he roofed in the manner hereinbefore directed, provided such build-
ing shall not front upon any street ; nor shall more than one such
frame building be erected on the same lot or premises. No buiUl-
ing with outer walls other than of iron, stone or brick, shall be built
within the area bounded by Ferguson avenue on the east, Hunter
street on the south, Br'.y street on the west, and (lannon street on the
north ; or within the area bounded by lerguson avenue on the
west. Main street on the south, Wellington street on the east, and
King William street on the north.
1 1. No building or part of a building within the fire limits, other
than with main walls of brick, stone or iron shall be raised, en-
larged or removed to any other place within the same, nor shall any
such building be removed into the fire limi'.s ; nor shall any wooden
building within said fire limits which may hereafter be damaged tothe
extent of fifty per cent, cf the value thereof be repaired or rebuilt,
nor shall such building where the damages are less than fifty per
cent, of its value, be so repaired as to be raised an additional storey
or part of a storey, or so a;, 10 occupy a greater space than before
the damage thereto, but nothing herein contained shall prevent any
one from putting a stone or other substantial foundation under an
existing wooden building, such foundation not to be more than four
feet above the established grade of the adjoining street, nor shall it
prevent any one from removing a wooden building towards the rear
of the lot on which it stands, provided it is not placed within two feet
of the land of any adjoining owner, or of any other wooden building
on the same lot or premises.
12. Any owner or contractor who shall build or aid in the erec-
tion of any building or part of a building within the fire limits, or
shall remove or assist in removing any such building, or shall re-
pair or assist in repairing any damaged building contrary to any
provisions of this By-law, shall be subject to the penalties herein-
after imposed.
Pulling Doivn ami Removal by Iii.speiior.
13. Any building or erection which may be constructec' ir placed
in contravention of this By-law may be pulled down or removed, at
the expense o^ the owner thereof, by or under the direction of the
<^
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Bmld.ng Inspector, but it shall be the duty of the Inspector, before
pull.ng: down or removing: such building or erection, to ob ain the
consent o the Market Fire and Police Committee «; of the Mayo^^
to h.s so domg, and to give two days notice to the owner or builder
requiring h.m to pull down or remove such building or erection
F/rc Escapes.
14- All public buildings, hotels, halls, theatres, factories and
schools more than two storeys in height shall be provided with two
or more fire escapes, securely fastened to the outer walls of such
buddmgs, hotels, halls, theatres, factories or schools, and con-
nected with one or more windows in each storey except the first
Fircivorks and Dangerous Mauufacturers.
o ^l' -M-^ P^;'^°'V^'i^'> "se or occupy, within the limits of this city
any bu.ldmg for the manufacture of turpentine, camphene. or othe
dangerous or easily mflammable or explosive substances, ^r for the
storage of fireworks of any description, gunpowder or dynamite in
use t^rtT f T'-^ '''^" txyenty.five pounds, nor shall any person
use for manufactunng or other purposes machinery which causes
£t^;.'/Tf ^'''' ""'"1 '' " ^^'^^'^^^ '" ^ ^"''^'"^ "«t 'ess than so
teet distant from any other buildinjr.
Chimneys.
16 Every chimney within the fire limits shall be carried to a
height of not less than six inches above the ridge or deck of a^i?
root earned by or connected with or abutting upon the walls to
which said chimney is attached, and where a'chimney is used to
carry away smoke or noxious vapors from any manufactory where
an engine and boiler of more than twenty horse-power ai'e used
such chimney shall not be less than seventy-five feet in height
above the level of the street adjoining such manufactory, and shall
be built entirely of brick, laid with good mortar.
Fnniaces and Stoves.
17- No timber shall be placed within one foot of the inside of
any oven copper still, boiler or furnace, nor within four and a half
Snrhf °fM, °^^"'"? °^ n"y '^''"""y ""' ^'^^in four and a half
inches of the inside of any flue.
hn./i' ^ kP-m-°" -^""'I hereafter place any furnace or stove in any
house or building ,n the city, without leaving twelve inches clear
from any wood-work immediately above such furnace or stove, and
nine inches from any wood-work opposite the sides of the same
and no person shall place, maintain or use any furnace upon c r
over a wooden floor unless there is immediately underneath the
furnace and extending a distance of fpur inches on each side bevond
the outer walls of such furnace a bed of concrete not less than six
inches deep enclosed in a metal frame or a brick bed not less than
six inches thick laid in mortar, and there is also an air space of at
least three inches between the furnace and such bed.
(a) All open fireplaces or jjrates shall have the hearth laid upon
Iriminer arches of brick or upon iron girders.
ig. No pipe or funnel for conveyi>'[^ steam or hot air shall be
fixed next any public street or hifjhway on the front of any buildinj^,
nor shall any exhaust steam pipes be allowed to enter any sewer,
nor shall any funnel, pipe or flue \ov conveyinij fire or smoke be
fixed on the inside of any buildinyf nearer than twelve inches to the
face i/f any timbers of roofs, ceilinjj;^s or partitions ; nor shall any
such funnel, pipe oc Hue pass through any timber framing, or par-
tition of wood, or wood and lime, or through any wooden floor, in
any house, outhouse, fence or building wliatever, within the said
C^ity, unless there shall be a space of at least six inches clear
between the said funnel, pipe or flue and such framing, partition
or floor, and unless the same shall pass through a chimney of stone,
or brick and mortar, or shall be encircled by a rim of solid stone,
or brick or metal, not less than three inches wide, and equal in
thickness to the full finished thickness of tie framing through
which such pipe shall pass.
20. No occupant of any house or building within the said City
shall permit any pipe hole not in use as a smoke flue in any chimney
in such house or building to remain open, and not closed with a
stopper of metal or other incombustible mfiterial.
As/ii\s\
21. All depositories of ashes shall be built of brick, stone or
iron, and no person within the said City not having an ashpit as
above prescribed, shall keep more than ten bushels of wood ashes
on his, her or their premises.
//<'n', Stj'uiv and Shavings.
22. No person or persons shall place or permit tobp placed, any
hay, straw, shavmgs or other combustible material i icovered in
his, her or their courtyard or lot of ground, within one hundred
feel of any building.
(a) No person or persons shall set fire to any shavings, chips,
straw or other combustible matter, for the purpose of consuming
the same, in any street, square or lane, in the city.
Siuokiug or Carrying Lights
22). No person shall smoke or have in his or her possession any
lighted pipe, cigarette or cigar, in any stable, carpenter or cabinet-
n'aker's shop, or other shop or building where straw, shavings, or
1
/I
)
^
other combustible material may be, or carry or keep, or suffer to be
carried or kept, any lij^'hted lamp or candle in any livery or other
stable within the said City, unless such lamp or candle shall be
enclosed in a lantern or shade, so as to prevent any accident from
fire therefrom.
Unsafe /h/ildins^s or Scaffo/d/no-.
24. When any buildiny^, building's or scaffolding in course o'i
erection within the City limits shall be considered unsafe by the
Building Inspector, he shall at once notify the owner, contractor
or agent to make the same safe and secure, and every person so
notified, who fails within twenty-four hours to comply with such
notice, shall be subject to all the penalties of this P.y-Iaw.
Dilaphhiled Hiti/d/ui^s.
25. If any building, fence or erection, within the city shall, by
reason of its ruinous or dilapidated state, be in an unsafe condition as
regards danger from fire, or where any yard within the city shall
contain any building, fence or erection or lumber or other combus-
tible material which mav be a source of danger from fire to the ad-
jacent propert)-, it shall be the duty of the lUiiltling Inspector to
notify the owner, agent or other person having charge thereof to
remove such building, fence, erection, material or lumber, or other
combustible material therelrom, and such owner, agent or other
person shall immediately remove the same, and if he shall fail to do
so within two days after receiving such notice, the ikiilding In-
spector may, witli the consent of the Market, hire and Police Com-
mittee or of the Mayer to his doing so, remove such building,
fence, erection, lumber or other combustible material, and the ex-
pense of such removal may be charged against and recovered from
the owner of such building, fence, erection or yard.
.^, Firemen to Report.
26. It shall be the duty of the members of the City Mre De-
partment to report to the Chief Engineer of that Department, who
shall, without delaj', report to the Building Inspector, the existence
and location of anything which may be a source of danger from
fire, and which should be discontinued or removed in order to place
the building or premises where it is situate in a safe condition as
regards danger from fire, and also to report in the same manner
any other violation of this By-law which may come under their
notice, and it shall be the duty of the Building Inspector to make
an entry of every such report in a book to be kept by him for that
purpose and to take immediate action thereon.
Building Materials in Streets.
27. No person shall deposit or place in any public street, lane
or alley in the city any material to be used in the erection of any
new building, or the repair or alteration of any old building, at ^.
lO
cost of over $ioo, until a plan and description in accordance with
the requirements of section 6 of this By-law have been deposited
with the Building Inspector, and such person has obtained from
the inspector a permit in writing in the form appended to this by-
lavv for the placing of such material in such street, lane or alley,
and in all cases where such plan and description have been so de-
posited, and it is necessary to use any portion of such public street,
lane or alley, for the placing of such material, the Building In-
spector shall give a permit in the form appended to this By-law.
28. No person shall, either personally or through anyone act-
ing for him or with his authority, deposit or place any building
material in or upon any public street, lane or alley within the limits
of the city, except for the purpose of building or repairing, and in
every case such building material shall be so placed as not to ob-
struct the surface drainage of such public street, lane or alley, or
the free use of any public hydrants, or to occupy more than is
necessary of such public street, lane or alley, and in no case more
than one-third the width thereof in that portion of the city bounded
by Catharine, Hunter, Bay and Cannon streets, and in that part of
King street between ('atharine and Wellington streets, or more
than one-half thereof in any other part of the city, the space so oc-
cupied not to extend along such street, lane or alley, further than
the frontage or depth of the lot so being built upon except that it
may extend in front of the lot on either side, so long as the occu-
pant of such adjoining lot may consent thereto ; provided always
that it the owner or tenant of the real estate on the opposite side
of the street, lane or alley shall require at the same time to use
any portion of the street, lane or alley for the deposit of building
material, then, in such case, each party shall be restricted to the
use of one-fourth of such street, lane or alley instead of one-third
as aforesaid in that portion of the city bounded by Catharine Hun-
ter, Bay and Cannon streets, and m that part of King street be-
tween Catharine and Wellington streets, and to the use of one-
third of such street instead of one-half thereof in any other part of
the city, but every lane or alley must be kept open for traffic to a
width of not less than eight feet, and such material shall not in
any case be allowed to remain in any public street, lane or alley,
for any longer time than may be reasonably necessary for the com-
pletion of the work for which such building material is being used.
Nothing in this By-law contained shall be construed to interfere
with the rights and privileges granted to the Hamilton Street
Railway Ccnpany, the Hamilton and Dundas Street Railway
Company, or the Hamilton, Grimsby and Beamsvllle Electric Rail-
way Company or any other Company, under and by virtue of any
By-laws relating to such Companies.
29. Every person who shall deposit or place any building ma-
terial upon any public street for any of the purposes hereinbefore
mentioned in that part of the city bounded by Catharine, Hunter,
Bay and Cannon streets, or in that part of King street between
II
Catharine and VVellinfjton streets, shall, while any part of the
material remains upon such street, enclose and keep enclosed the
ground thereby occupied with a close board fence of a uniform
height of not less than six feet, the public sidewalk to be left clear
in all cases where it is not necessary to occupy it, and to be roofed
over, wherever necessary, at a height of not less than eight feet
above the level of the sidewalk with two thicknesses of one inch
boards, and where it is necessary to occupy the sidewalk with build-
ing material, a plank sidewalk three feet wide shall be made by the
person depositing the building material, such sidewalk to be made
immediately outside of the said fence, and the ground covered
thereby shall be reckoned as part of the space which the person
depositing the building material is allowed to occupy.
30. Every person who shall deposit or place any building ma-
terial upon any public street for any of the purposes hereinbefore
mentioned in any part of the city other than that portion thereof
bounded by Catharine, Hunter, Bay and Cannon streets, or that
part of King street between Catharine and Wellington streets,
shall, while any part of the material remains upon such street,
enclose and keep enclosed the ground occupied thereby with a
boa d fence at each end of sufficient height and strength to fully
protect the public from injury or danger therefroin, and if the
public sidewalk shall be enclosed within such fences, he shall make
a sidewalk three feet wide immediately outside of said enclosure,
and the ground covered by such sidewalk shall be reckoned as part
of the space which the person depositing the building material is
allowed to occupy.
31. The fence, roof and sidewalk mentioned in the preceding
paragraphs of this section shall be rt moved by the person by or for
whom they were erected as soon as the building material enclosed
thereby has been used or removed, and he shall also thereupon put
the street and sidewalk where such material has been deposited in
as good repair as it was before such material was placed thereon.
Red Lights.
32. Whenever any person or persons, whether contractors or
proprietors, shall be engaged in the erection or repairing ot any
building or other structure whatever within the city, and shall cause
or permit any building material to be placed on any public street,
lane or alley in the said city, and. whenever any person or persons
who shall be engaged in constructing any sewer or laying any gas,
water or other pipes or conductors, in or through any of the streets,
lanes, alleys, highways, sidewalks or other public places in said
city where persons pass and repass, whether by appointment of the
city, or its agents, or as contractors, or otherwise, it shall lie the
duty of all sucli persons to protect the public from injury therefrom
by placing a sufficient number of red lights upon such materials,
rubbish, goods, wares and merchandise heaps, piles, excavations or
any other thing so caused or permitted by them to be or remain in
12
or at any of the places above mention£d, and in such manner as to
enable the same to be distinctly seen by all passers-by and to con-
tinue such lig^hts from dusk till daylight, during every night in
which any such obstructions are allowed to remain in or at such
place, and if such materials or obstructions are enclosed by a
fence such lights shall be put on or above the fence, and no person
shall, without the consent of the person or persons placing such
lights, put out, remove or obstruct the same, or any of them, be-
tween dusk and dayliglit.
33. Xo person shall allow building material of any kind under
his control to remain in any public street, lane or alley after dark
without being closely piled, and being also sufficiently lighted in
the manner hereinbefore recjuired, or to remain more than iwenty-
four hour^ in any public street, lar-.e or alley without being properly
enclosed by a fence in the manner hereinbefore required, or to
remain in aiiy public street, lane or alley, in any other manner or
for any other purpose, or for any longer time than is permitted by
this by-law, nor shall any person put any fence or obstruction or
allow any fence or obstruction under his control to remain in any
public street, lane or alley, in any other manner or for any other
purpose, or for any longer time than is permitted by the provisions
of this bv-law.
Conductor Pipes.
34. No owner or occupant of any property in the City of Ham-
ilton shall discharge upon or over any public sidewalk or pavement
in said City the water from any roof, eavetrough, conductor pipe,
or other pipe or drain carrying water from any building on such
property or from or across any portion of the land, nor shall any
owner or occupant of any property permit the water which flows
from any such roof, eavetrough, pipe or drain to be discharged
upon or to flow over the public sidewalk o*" pavemeiil;.
35. No owner or occupant of any building shall place or con-
struct, or authorize the placing or construction of any eavetrough,
conductor, waterpipe or gutter pipe so as to permit or cause the
water from the roof of such building to escape upon, flow over or
run across or upon any public sidewalk, and the owners of build-
ings hereafter erected or rebuilt shall connect all conductors or
gutter pipes upon that part of the building abutting upon any
street with the sewer upon such street, if any there be, and when-
ever the pavement upon any street, not being a wooden sidewalk,
it being constructed or reconstructed, the owners of all buildings
abutting upon the street shall connect with the sewer, if any, upon
such street every conductor, water pipe or gutter pipe, the water
from which would otherwise flow over or upon such pavement.
Porches^ Bay Windoivs and Steps.
36. No porch, or bay window, or steps, or other structure shall
encroach upon or extend over the line of any street or alleyway.
h
•
\//r-'7i' on Roo/s.
37. Kvery owner or occupant ot a buiiJinij^ w liich aJjoins or is
near to a public street or alleway shall in all cases where the roof
or part ot the root slopes towards sucii public street or alleway, or
where there is tlan<j;'er of snow or ice fallinj; into the street or alley-
way from the roof of such builclin<^ oc of any xeraiulah or porch
attached thereto, place a sulTicient harrier upon or near theed^e of
such roof to prevent the snow or ice from fallinj^ into the street or
alleyway, or shall remove all snow or ice from the roof of such
building-, verandah or porch so as to prevent the same from sliding
down or fallingf into such street or alleyway, and if such snow or ice
shall fall or be thrown down upon any street or alleyway, it shall
forthwith be removed therefrom by such owner or occupant, but
where there is room in the street for that purpose it may be evenly
spread by him outside the pavement, sidewalk ir pathway, so as
not to impede public travel or block up the water channel in the
street.
Private Draivs.
37a. Before proceeding- to construct, reconstrust, or alter any
portion of a private drain or sewer leading into any public sewer
in or from any building or premises in the City of Hamilton, the
owner or its agent desiring to construct the. same shall file in the
of the Building Inspector a plan of such work contemplated, giving
the size of all pipes, traps and fittings, together with the number of
closets and baths, and the strv^et and number marked thereon, and
shewing the drainage system underground.
37b. All plans must be legibly drawn in i'^k on heavy white
paper or on tracing linen, and must be drawn on a scale of four
feet to one inch.
.■)/
7c. No permit shall be granted under Sub-section A of Sec-
tion 4 of Chapter 31 of the Consolidated By-laws of tne City of
Hamilton to construct such drain or sewer unless the -Building In-
spector has certified that he has approved of the plan and specifi-
cation thereof filed in his office.
37d. After a plan or specification has once been approved, no
alteration or deviation from the same shall be allowed, except on a
written application of the owner or agent of the owner, and with
the approval of the Building Inspecto.', and such alterations must
be so entered on the plan registered.
38. Before any part of a private drain or sewer laid or con-
structed in or from any building or buildings in the VMy of Ham-
ilton shall be covered up, or enclosed, or hidden from view, it shall
be the duty of the drain layer, or other person or persons having
charge of the laying or construction of such drain or sewer, to give
notice in writing to the Building Inspector, or at his office, that
such drain or sewer is ready for inspection by him, and he shall
H
thereupon, without delay, inspect the same, and it shall be unlaw-
ful for any drain layer or other person or persons to cover up, or
enclose, or hide from view any part of such drain or sewer until
the Building Inspector has approved of the same, except in cases
where from the presence of quicksand or from the nature o\' the
soil it is impossible to keep the drain or sewer open for inspection.
38a. No brick or wooden drain shall be allowed within any build-
ing, but all drains within any building shall be of a heavy cast iron
pipe or of salt-glazed vitrified sewer pipe. Cast iron pipe when
used within any building shall be oil finished inside and outside,
with joints caulked with oakum and molten lead. All cast iron
pipe when laid beneath the surface within any building, shall be
not less than one-third of an inch thick. Vitrified sewer pipes
when laid within any building shall be of the make known as
double strength y and shall be of a thickness of not less than one-
tenth the diameter of the pipe; the flange shall be not less than
one and three-quarter inches deep ; all flanges shall be carefully
filled with the best Portland cement. The upper surface of any
sewer pipe shall be not less than four inches below the foundation
of any wall under which it passes.
38b. The Inspector shall require a water test of all private drains
to the limit of the street, which test shall be made by and at the ex-
pense of the owner of the premises where the drains are constructed.
!f the work is not found satisfactory after being tested, two davs
notice shall be given to perfect the same, and if the work is not
made satisfactory within that time the penalty prescribed by this
Hy-law may be enforced forthwith.
38c. The result of every inspection shall be recorded on the plan
registered in the office of the Building Inspector, together with the
date of such inspection, and such record shall be open to the public
during office hours.
38d. Each house or building must have its own separate soil-pipe
and drain, and such soil-pipe and drain shall be so placed as to en-
able it to be inspected without destruction to walls ; aiui the
plumber shall be responsible for the proper connection of his work
with the system of drainage, which connection shall be made by a
cast iron bend and three feet of pipe extending horizontally from the
vertical soil-pipe, and no two or more houses or buildings shall
have any drain in common until each separate drain shall have
passed outside the walls of the house or building which it serves.
38e. Where buildings are constructed flush with the line of the
street, two buildings may be connected with one six-inch pipe, or
larger street drain with a Y junction, placed immediately in front
of wall.
38f. All drains beyond the street line must be properly con-
nected with the private drain leading into the public sewer and not
I
covered until inspected, and in no case shall the drains between the
walls of the house and the street line be laid until the private drain
from the street line to the public sewer shall have first been laid and
completed.
39. If on examination of any private drain or sewer it is found
that the same is out ot repair, or is not properly trapped or venti-
lated, or is in a condition that is likely to be dangerous to health,
the Building Inspector shall give notice in writing to that effect to
the owner or owners of the premises with which such drain or
sewer is connected, and if for thirty days after receipt of such no-
tice such owner or owners shall have refused or neglected to make
all proper repairs or alterations, he or they shall be liable to the
penalty impose^ by this by-law, and such penalty may be imposed
for every day after the expiration of thirty days that such refusal
or neglect shall continue.
40. No permit shall be granted under subsection (a) of section
4 of chapter 31 of the consolidated by-laws of this City to construct
a drain or sewer into any of the common sewers of the city unless
the owner of the property, for the benefit whereof such 'permit is
applied for, shall first sign an agreement with the City Corpora-
tion, in the form appended to this By-law, undertaking to be re-
sponsible for all damages which may be caused by the negligence
of such owner, or of any contractor or workman employed bv him
with regard to the excavation of the street for the purpose applied
for and to indemnify the city against all claims, costs and expenses in
respect thereof, and also agreeing to restore the street to as good
a state of repair as it was in before such excavation was made, and
to the satisfaction of the City Engineer, and to pay to the City
Corporation any expense they may be put to in filling up, restoring
or making good such street to the satisfaction ot the Citv P^ngineer,
whether such work be done by the City Corporation immediately
or become afterwards necessary by reason of the want of proper
packing or pounding in the filling up of the excavation, or any de-
fect in the construction of the drain or sewer, and also to hold the
City Corporation harmless from all claims for any damages which
may arise, or be caused through such connection with the sewer,
from back water, in consequence of the gorging of any sewer by
excessive rain or flood of waters.
41. Any person or persons guilty of -a breach of any of the pro-
visions of this by-law, shall for every such breach be subject to the
penalties imposed by chapter seventy one of the Consolidated By-
laws of this city.
Passed 30th day of April, A. D. 1894.
T. BEASLEY,
City Clerk.
A. D. STEWART,
Mavor.
I \
f-ORM or I'FRMIT INDI'K SF.l TION 27 OV TIIF. f'OREC.OINC BV-I,A\V.
HUlI.DIXd INSPECTOR'S OMICi:.
I'Kimn lOK ni;i'(j.sn ov luti.niNC. m.mkri.m..
No Haniiltoii iHc)
Permission is liotebv {jftaiited to
to occupy sucli portion oH the street as may be necessary for the
deposit of built injjf material to be used in the erection or repair of a
building on on street,
such material to be deposited under and subject to the rej^ulations
contained in By-law No. 730.
/iiii/(/i/ii>- Inspector.
FORM OV AGREEMENT AND PERMIT UNDER SECTION 40 OF THE
FOREGOINC. BV-LAW.
beiniif the owner of
on the side of street, in the City of
Hamilton, hereby request permission from the City Kn^ineer to
construct a drain or sewer into the common sewer of the City on
street, the drain or sewer for which such permit
is applied for to be laid by and hereby a<^ree
with the Corporation of the City of Hamilton to be responsible for
all damaii^es which may be caused by neg^ligence or the
neglig'ence of any contractor jr workman with regard to the exca-
vation of the street for the purpose of constructint^ such drain or
sewer, and to indemnify the City Corporation against all claims,
costs and e::penses in respect thereof, and also ag-ree to restore the
street to as jjood a stale of repair as it was in before any excava-
tion for such drain or sewer was made, and to the satisfaction of
the City Engineer, and to pay to the City Corporation any expense
they may be put to in filling up, restormg or making ^oo\\ such
street to the satisfaction of the City Engineer, whether such work
shall be done by the City Corporation immediately or shall become
afterwards necessary by re.ison of the want oi proper packing or
pounding in the tilling up of the excavation or any defeci in the
construction of the drain or sewer. In consideration of being
allowed to connect the premises aforesaid with the above-mentioned
main sewer on street, hereby agree to
hold the City Corporation harmless from all claims for any damages
which may arise or be caused through such connection with the
sewer, from backwater, in consequence of the gorging of any sewer
by excessive rain or flood waters.
PERMIT FOR CONSTRUCTION' OF DRAIN.
CITV ENGINEER'S OFEICE.
No Hamilton, 189
Permission is hereby granted to
owner of on the side of street,
to construct a drain or sewer from said prop rty to connect with
the common sewer of the city on street, such
drain or sewer to be laid by
City Engineer.
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