THE UNIVERSITY OF ILLINOIS LIBRARY 35£.0T4n N470Ay ISIS Mun^ I, id ran/ REMOTE storage BOOKS I AUKb OFFICE P^/Ufc Of “•in ‘^’Ofs ■v . V Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/newcodeofordinanOOnewy NEW CODE OF ORDINANCES THE CITY or NEW TOM M THE SANITARY CODE, THE BUILDING CODE AND PARK REGULATIONS ADOPTED MARCH 30, 1915 COMPILED AND ANNOTATED BY ARTHUR F. COSBY FORMERLY ASSISTANT CORPORATION COUNSEL THE BANKS LAW PUBLISHING COMPANY 23 Park Place, New York 1915 COPYRIGHT, 1907, BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1908, BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1909, BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1910. BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1911, BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1912, BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1913, THE BANKS LAW PUBLISHING COMPANY COPYRIGHT, 1914, BY THE BANKS LAW PUBLISHING COMPANY. COPYRIGHT, 1915, THE BANKS LAW PUBLISHING COMPANY. 4 F tS ^vuobttU 5,00 3 )\ \ I# F. K( . C-TA V. ^ rz jRemote storage H OT- \ 3 \ 5 BOOKSTACKS OFFJCE PREFACE This Code was prepared pursuant to section 57 of the Charter which provides that the general ordinances shall be reduced to a code and published annually. No such compilation, however, has been made since 1906, and the present work is much more than a mere compilation of existing ordinances. This new Code is a vast improvement over its predecessors and presents some radical changes. It has been prepared after a year’s careful study by the Codification Committee of the Board of Aider- men who deserve much credit for their work. There are new sec- tions taken briefly from the Charter; obsolete and conflicting sections, as well as local ordinances, have been omitted; the numbering is new; and the arrangement is new. This new arragnement is the distinguishing feature of this Code: its provisions are grouped into chapters arranged subjectively, as convenience demands. It was well said that the old Code was an “enigma to lawyers and laymen alike.” Under the new Code there are also individual chapter headings which are a great aid in finding any desired provision. The Sanitary Code is included in this volume. Amendments to it are required by ch. 628, L. 1904 to be filed with the City Clerk to become effective, and may be readily found. - The index follows the new plan of treating matters subjectively. ^ In a volume of this size, it is not possible to itemize in the index all • ^ the small and often comparatively unimportant subjects, especially in certain chapters such as explosives. By reducing the size of the ^ index, it is now possible to find quickly the main subject heads, and ^ it is believed that a little diligence will reward anyone looking for a special provision. Attention is called to the page of cross-references where a list is ^ given of many subjects which are not ordinances proper although ^ many persons look for them in the Code. The author welcomes criticisms and suggestions. ARTHUR F. COSBY. New York, April, 1915. •/ ) t M V u ■ , r ,' CODE OF ORDINANCES OF THE CITY OF NEW YORK CONTENTS CHAPTER 1 GENERAL PROVISIONS SECTIONS PAGES Article 1. Definitions 1-23 8-9 2. Miscellaneous regulations 5-12 9-11 CHAPTER 2 ADMINISTRATIVE PROVISIONS Article 1. City debt and sinking funds 1-9 12-15 2. Contracts 60-79 16-20 3. Real estate 100-105 21-22 4. The mayor 130 22 5. The president of the board of aider- men 150 22 6. The comptroller 170-171 23 7. The borough presidents 200-204 23-24 8. Corporation counsel 220-222 24 9. City marshals 230-232 24-25 10. City surveyors 240-244 25-27 11. Public administrator 250-252 27 12. Public employment bureau 260-262 28 13. Taxes and assessments 265-266 28 14. Miscellaneous regulations 270 29 CHAPTER 3 AMUSEMENTS AND EXHIBITIONS Article 1. General provisions 1-13 30-35 2. Motion-picture exhibitions 30-44 36-41 3. Common shows 60-62 41 CHAPTER 4 BRIDGES Article 1. General provisions 1-2 42-44 CHAPTER 5 BUILDING CODE Article 1. General provisions 1-6 46-49 2. Materials 20-27 50-51 V VI CONTENTS SECTIONS PAGES 3. Strength of materials 50-57 51-58 4. Classification of buildings 70 58 5. Restricted areas 90-96 58-65 6. Height, size and arrangement 110 65 7. Light and ventilation 130 65 8. Exit facilities 150-lM 65-67 9. Projections beyond building line . . . . 170 67 10. Safeguards during construction 190-194 67-68 11. Partition fences and walls 210-215 69-70 12. Excavations and foundations 230-237 71-74 13. Masonry walls 250-268 75-83 14. Wood construction 280-283 83-85 15. Iron or steel construction 300-313 85-90 16. Reinforced concrete construction .... 330 91 17. Fireproof construction 350-352 91-94 18. Firewalls and shafts 370-375 95-97 19. Chimneys, flues and heating appli- ances 390-401 98-103 20. Construction above roof 420-426 103-105 21. Construction generally 440-451 105-108 22. Frame construction 470-472 108-112 23. Buildings of a public character 490-493 112-113 24. Motion picture theatres 500-506 113-116 25. Theatres and other places of amuse- ment 520-538 117-125 26. Miscellaneous structures 550-552 125-126 27. Elevators 560-563 126 28. Fire extinguishing appliances 580-585 127-128 29. Plumbing and other systems of piping . 600-604 128-129 30. Altering, changing or demolishing buildings 620-624 130-131 31. Unsafe buildings and collapsed struc- tures 630-639 131-135 32. Enforcement of chapter 650-654 136-141 CHAPTER 6 CHARITIES Article 1. Inmates of public institutions 1-4 142 CHAPTER 7 CORRECTIONS Article 1. Inmates of correctional institutions. . 1-7 144-146 CHAPTER 8 DOCKS, FERRIES AND HARBOR CONTROL Article 1. General provisions 1 147 2. Apportionment of wharf property . . 10-18 147-150 3. Buildings and structures on water- front property 30-35 150-152 4. Maintenance of wharf property .... 50-57 153-155 CONTENTS Vll SECTIONS PAGES 5. Discharge and storage of cargoes . . . 60-64 155-156 6. Wharfage rates 80-91 157-158 7. Ferries 100 159 8. Protection of navigation 120-124 159-160 CHAPTER 9 ELECTRICAL CONTROL (See page 160.) CHAPTER 10 EXPLOSIVES AND HAZARDOUS TRADES Regulations of the Municipal Explosives Commission Article 1. General provisions 1-9 162-166 2. Certificates and permits 20-27 166-168 3. Bonds and fees 40-44 168-171 4. Manufacture, storage, sale, transpor- tation and use of explosives .... 60-69 172-179 5. Ammunition 80-81 179-180 6. Fireworks 90-95 181-184 7. Matches 100-103 185-186 8. Mineral oils 110-117 186-189 9. Inflammable mixtures 130-132 189-192 10. Combustible mixtures 140-142 192-193 11 Garages 150-159 193-196 12. Motor vehicle repair shops 170-171 196 13. Dry cleaning and dry dyeing estab- lishments 175-179 197-198 14. Sponging 190-191 198 15. Paints, varnishes and lacquers 200-201 199 - 16. Calcium carbide 205-207 199-200 17. Gases under pressure 210-213 200-202 18. Refrigerating plants 202 19. Nitro-cellulose 230-234 202-204 20. Inflammable motion-picture films. . . 240-245 204-205 21. Distilled liquors and alcohols 250-252 205-206 22. Oils and fats 255-256 206 23. Technical establishments 260-262 206 24. Wholesale drug stores and drug and chemical houses 270-279 207 25. Retail dmg stores 290-293 212 . 26. Miscellaneous 300 215 CHAPTER 11 FIREARMS • General provisions 1-5 216-218 CHAPTER 12 FIRES AND FIRE PREVENTION Article 1. Fire extinction 1-7 219-221 2. Fire prevention 20-30 222-224 Vlll CONTENTS CHAPTER 13 HOSPITALS SECTIONS PAGES Article 1. General provisions 1-4 226 CHAPTER 14 LICENSES Article 1. General provisions 1-7 227-230 2. Billiard and pool tables 20-21 230 3. Bowling alleys 30-31 230 4. Dealers in second-hand articles 40-44 231 5. Dirt carts 50-51 232 6. Express and expressman 60-64 232-233 7. Exterior hoists 70-71 233 8. Hacks, cabs and taxicabs 80-109 234r-243 9. Junk dealers 120-125 244-245 10. Peddlers, hawkers and venders 130-132 246 11. Public carts and cartmen 140-144 246-248 12. Public porters 150-156 249-250 13. Shooting galleries 160-161 250 14. Street musicians 170-171 250-251 15. Weighers of hay and straw 180-183 251-252 CHAPTER 15 MARKETS Article 1. General provisions 1-6 253-354 2. Location and designation of public markets 20-33 254-257 3. Farmers and market gardeners 50-52 257-258 CHAPTER 16 MUNICIPAL CIVIL SERVICE Article 1. General provisions 1-3 259-260 2. Special provisions 10 260 CHAPTER 17 PARKS, PARKWAYS AND PARK-STREETS {Regulations of the Park Board.) Article 1. General provisions 1-17 261-263 2. Traffic regulations 30-42 264-266 3. Building and other projections 60-62 267 4. Miscellaneous 70-72 269 CHAPTER 18 POLICE Article 1. Boiler inspection 1 270 2. Uniformed force 270 CONTENTS ix CHAPTER 19 RAILROADS SECTIONS PAGES Article 1. Elevated railroads 1-2 271 2. Street railroads 10-12 272 3. Trunk line railroads 30-34 273-274 CHAPTER 20 SANITARY CODE {Adopted by the Board of Health.) See infra. CHAPTER 21 SEWERS AND DRAINS Article 1 . General provisions 1 275 2. Construction 10-15 275-277 3. Maintenance 20-24 277-278 CHAPTER 22 STREET CLEANING Article 1. General provisions 1 279 2. Refuse and rubbish 10-17 280-281 3. Snow and ice 20-24 281-284 CHAPTER 23 STREETS Article 1. General provisions 1-5 285-287 2. Advertisements, placards and posters 10-12 287 3. Assemblies 20-23 288 4. Auctions and other sales 30-31 288-289 5. Awnings 40-44 289-291 6. Boundaries and monuments 50-52 291-292 7. Construction and repair 60-65 292-293 8. Disturbance of surface 80-82 294 9. Excavations 90-98 295-298 10. House numbering 110-112 298-299 11. Lights 120-122 299-300 12. Noises 130-136 300-301 13. Obstructions and incumbrances .... 140-152 302-312 14. Projections and encroachments 160-170 313-321 15. Sidewalks 180-189 321-324 16. Signs and show-bills 210-223 325-328 17. Vaults 240-244 329-331 18. Miscellaneous 250-252 331-332 CHAPTER 24 TRAFFIC REGULATIONS Article 1. General provisions 1 333 2. Rules of the road 10-18 334-339 3. Miscellaneous regulations 30-42 340-343 X CONTENTS CHAPTER 25 WATER SUPPLY SECTIONS PAGES Article 1. Construction and maintenance 1-8 344-345 2. Rents and charges 20-25 345-348 3. Use of water 40-44 348-349 CHAPTER 26 WEIGHTS AND MEASURES Article 1 . Bureau of weights and measures 1-4 350 2. Regulation of weights and measures . 10-22 351-354 3. Standards for various commodities . . 30-35 354-355 CHAPTER 27 MISCELLANEOUS 1-10 356-359 CHAPTER 28 REPEAL 1-2 360 General notes 360-361 SANITARY CODE Article 1. Definitions 1 366-368 2. Animals 2-20 369-372 3. Births, marriages and deaths 31-45 373-376 4. Buildings 51-62 377-379 5. Cold storage 71-75 380 6. Coroners 80-82 381-382 7. Diseases 86-103 383-387 8. Drugs and medicines 116-126 388-391 9. Food and drink 136-169 393-402 10. General provisions 181-189 403-404 11. Midwifery and care of children 196-200 404-405 12. Miscellaneous provisions 211-220 405-407 13. Offensive materials 231-253 408-414 14. Plumbing, drainage, ventilation and sewage 271-287 415-418 15. Passenger cars 301-304 418-419 16. Street conditions 311-316 419-420 17. Trades, occupations and businesses . 321-341 421-425 18. Vessels and seamen 351-362 426-429 CODE OF ORDINANCES OF THE CITY OF NEW YORK AN ORDINANCE constituting the Code of Ordinances of the City of New York Be it Ordained by the Board of Aldermen of the City of New York as follows: Sec. 1. The following shall constitute THE CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 1 GENERAL PROVISIONS Article 1. Definitions. 2. Miscellaneous regulations. CHAPTER 2 Article 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. ADMINISTRATIVE PROVISIONS City debt and sinking funds. Contracts. Real estate. The mayor. The president of the board of aldermen. The comptroller. The borough presidents. Corporation Counsel. City marshals. City surveyors. Public administrator. Public employment bureau. Taxes and assessments. Miscellaneous regulations. 1 2 CODE OF ORDINANCES OF THE CITY OP NEW YORK CHAPTER 3 AMUSEMENTS AND EXHIBITIONS Article 1. General provisions. 2. Motion-picture exhibitions. 3. Common shows. CHAPTER 4 BRIDGES Article 1. General provisions. Article 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. 16. 17. 18. 19. 20 . 21 . 22 . 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. CHAPTER 5 BUILDING CODE General provisions. Materials. Strength of materials. Classification of buildings. Restricted areas. Height, size and arrangement. Light and ventilation. Exit facilities. Projections beyond building line. Safeguards during construction. Partition fences and walls. Excavations and foundations. Masonry walls. Wood construction. Iron or steel construction. Reinforced concrete construction. Fireproof construction. Firewalls and shafts. Chimneys, flues and heating appliances. Construction above roof. Construction generally. Frame construction. Buildings of a public character. Motion picture theatres. Theatres and other places of amusement. Miscellaneous structures. Elevators. Fire extinguishing appliances. Plumbing and other systems of piping. Altering, changing or demolishing buildings. Unsafe buildings and collapsed structures. Enforcement of chapter. CODE OF ORDINANCES OF THE CITY OF NEW YORK 3 Article Article Article Article CHAPTER 6 CHARITIES 1. Inmates of public institutions. CHAPTER 7 CORRECTIONS 1. Inmates of correctional institutions. CHAPTER 8 DOCKS, FERRIES AND HARBOR CONTROL 1. General provisions. 2. Apportionment of wharf property. 3. Buildings and structures on waterfront property. 4. Maintenance of wharf property. 5. Discharge and storage of cargoes. 6. Wharfage rates. 7. Ferries. 8. Safeguarding navigation. CHAPTER 9 ELECTRICAL CONTROL CHAPTER 10 EXPLOSIVES AND HAZARDOUS TRADES Regulations of the M unicipal Explosives Commission 1. General provisions. 2. Certificates and permits. 3. Bonds and fees. 4. Manufacture, storage, sale, transportation and use of explosives. 5. Ammunition. 6. Fireworks. 7. Matches. 8. Mineral oils. 9. Inflammable mixtures. 10. Combustible mixtures. 11. Garages. 12. Motor vehicle repair shops. 13. Dry cleaning and dry dyeing establishments. 4 CODE OF ORDINANCES OF THE CITY OF NEW YORK Article 14. Sponging. 15. Paints, varnishes and lacquers. 16. Calcium carbide. 17. Gases under pressure. 18. Refrigerating plants. 19. Nitro-cellulose. 20. Inflammable motion-picture films. 21. Distilled liquors and alcohols. 22. Oils and fats. 23. Technical establishments. 24. Wholesale drug stores and drug and chemical houses. 25. Retail drug stores. 26. Miscellaneous, CHAPTER 11 FIRE-ARMS General provisions. CHAPTER 12 FIRES AND FIRE PREVENTION Article 1. Fire extinction. 2. Fire prevention. CHAPTER 13 HOSPITALS Article 1. General provisions. CHAPTER 14 LICENSES Article 1. General provisions. 2. Billiard and pool tables. 3. Bowling alleys. 4. Dealers in second-hand articles. 5. Dirt carts. 6. Express and expressmen. 7. Exterior hoists. 8. Hacks, cabs and taxicabs. 9. Junk dealers. 10. Peddlers, hawkers and venders. 11. Public carts and cartmen. 12. Public porters. CODE OF ORDINANCES OF THE CITY OF NEW YORK 5 Article 13. Shooting galleries. 14. Street musicians. 15. Weighers of hay and straw. CHAPTER 15 MARKETS Article 1. General provisions. 2. Location and designation of public markets. 3. Farmers and market gardeners. CHAPTER 16 MUNICIPAL CIVIL SERVICE Article 1. General provisions. 2. Special provisions. CHAPTER 17 PARKS, PARKWAYS AND PARK-STREETS {Regulations of the Park Board) Article 1. General provisions. 2. Traffic regulations. 3. Building and other projections. 4. Miscellaneous. CHAPTER 18 POLICE Article 1. Boiler inspection. 2. Uniformed force. CHAPTER 19 RAILROADS Article 1. Elevated railroads. 2. Street railroads. 3. Trunk line railroads. CHAPTER 20 SANITARY CODE 6 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 21 SEWERS AND DRAINS Article 1. General provisions. 2. Construction. 3. Maintenance. CHAPTER 22 STREET CLEANING Article 1. General provisions. 2. Refuse and rubbish. 3. Snow and ice. CHAPTER 23 STREETS Article 1. General provisions. 2. Advertisements, placards and posters, 3. Assemblies. 4. Auctions and other sales. 5. Awnings. 6. Boundaries and monuments. 7. Construction and repair. 8. Disturbance of surface. 9. Excavations. 10. House numbering. 11. Lights. 12. Noises. 13. Obstructions and incumbrances. 14. Projections and encroachments. 15. Sidewalks. 16. Signs and show-bills. 17. Vaults. 18. Miscellaneous. CHAPTER 24 TRAFFIC REGULATIONS Article 1. General provisions. 2. Rules of the road. 3. Miscellaneous regulations. CHAPTER 25 WATER SUPPLY Article 1. Construction and maintenance. 2. Rents and charges. 3. Use of water. CODE OF ORDINANCES OF THE CITY OF NEW YORK 7 CHAPTER 26 Weights and Measures Article 1. Bureau of weights and measures. 2. Regulation of weights and measures. 3. Standards for various commodities. CHAPTER 27 Miscellaneous CHAPTER 28 Repeal By section 41 of the Greater New York Charter (L. 1897, chap. 378), all ordi- nances of the local boroughs in The City of New York, when not inconsistent with the charter, were continued in force. But the Board of Aldermen was given full power and authority to pass ordinances governing all the boroughs by sections 42, 44, 49, 50 and 51, and to modify, amend or repeal any ordinances of the local boroughs. This code repeals all special and village laws heretofore still in force in the Greater New York and makes all ordinances general throughout the city. These general powers were continued by the revision of 1901 (L. 1901, chap. 466). The revised charter (sec. 57) requires an annual compilation by the Board of Al- dermen on January first of the general ordinances in force. It is in pursuance of this section this code was prepared. 8 CODE OF OEDINANCES OF THE CITY OF NEW YORK CHAPTER 1 General Provisions Article 1. Definitions, 2. Miscellaneous regulations. ARTICLE 1 DEFINITIONS Sec. 1. Definitions. § 1. Definitions. — Unless otherwise expressly stated, whenever used in this ordinance the following terms shall respectively be deemed to mean: Alderman, a member of the board of aldermen; 2. Board of estimate, the board of estimate and apportionment; 3. Bureau, hoard, office, commission, department or commissioner, the bureau, board, office, commission, department or commissioner to which or to whom the section, article or chapter, in which the term is used, relates; 4. Charter, the Greater New York Charter; 5. City, the city of New York as constituted by the charter; 6. Code of ordinances, the code of ordinances of the city; 7. County, a county wholly included within the city; 8. Day, a calendar day exclusive of Sundays and full legal holi- days; 9. Department, includes each bureau and division of the depart- ment; 10. Employee, any person whose salary or compensation is paid out of the city treasury, other than an officer designated as such by ordinance or statute; 11. Local improvement, an improvement the expense of which is assessed, in whole or in part, upon the property deemed benefited; 12. Park, includes parkway; 13. Person, a natural person, corporation, association, joint-stock association, firm and copartnership; 14. Port of New York, the public waters embraced within, ad- jacent to or opposite the shores of the city and over which the state of New York has jurisdiction; 15. Public property, any property rights and interests owned by the city as well as all “streets,” “parks,” “water front property,” and public places and waters within or belonging to the city; 16. Real property, any lands, lands under water, water front property, the water of any lake, pond or stream; all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal and equitable, in lands or water, and any right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise; 17. Sewer, a sewer, drainage canal, drain and sewage disposal work; GENERAL PROVISIONS 9 18. Streeiy any street, avenue, road, alley, lane, highway, boule- vard, concourse, driveway, culvert, sidewalk and crosswalk, every class of public road, square and place, except marginal wharf ; 19. Street 'purposes^ the purposes of a street, park, bridge or tunnel or approach to either, except marginal wharf ; 20. Vessel j a lighter, tender or other boat or ship, whatever its means of propulsion; 21. Water front property j any wharf, marginal wharf, pier, dock, ferry terminal, bulkhead, slip or basin, and all structures thereon, and the land under water beneath the same, and lands under water below high-water mark, and all easements appurtenant thereto, and upland and made land adjacent to such wharf, pier, dock, bulk- head, slip, basin and lands under water, jurisdiction over which is possessed by or may be assigned to the department of docks and ferries by the sinking fund commission, together with the easements, uses, reversions and appurtenances belonging to the same; except- ing therefrom such upland or made-land as constitutes a street, the driveway authorized by chapter 102 of the laws of 1893 and acts amending the same, and such lands as have been or shall be acquired for public parks; 22. Water rents ^ the expense of meters, with their installation, connections, setting and maintenance, and aU rents, rates and other charges for water supply, and all fines and penalties imposed for violations of laws or ordinances relating to water supply; 23. Water supply purposes y the purposes of maintaining, preserv- ing and increasing the city’s water supply and preventing its con- tamination or pollution. ARTICLE 2 MISCELLANEOUS REGULATIONS Sec. 5. Publication of general ordinances. § 6. City seal. § 7. Designation of acting head of department. § 8. Office-hours. § 9. Meetings of boards. § 10. Municipal reference library, to have reports, etc. § 11. Flags and decorations on city hall. § 12. Sales of waste material. Sec. 5. Publication of general ordinances. — 1. Proposed ordinances. The clerk of the board of aldermen shall have printed, within 4 days after the introduction thereof, 500 copies of each proposed ordinance which adds to, amends, alters or repeals any provision of the code of ordinances. All ordinances amending or repealing any existing law or ordinance shall, when printed, contain in brackets the parts re- pealed, and all new matter shall be printed in italics. Each ordi- nance, printed in accordance with the provisions of this subdivision, shall bear the name of the introducer and its introductory number, and a brief statement of the disposition made thereof upon its intro- duction. A copy of each ordinance, printed in accordance with the provisions hereof, shall be delivered or mailed by the city clerk to 10 CODE OP ORDINANCES OF THE CITY OF NEW YORK the head of every department and bureau in the city. The remain- ing copies shall be retained by him for distribution, within his dis- cretion, to persons desiring the same; provided, however, that he shall always retain at least 50 copies until such time as the ordinance shall have taken effect, or the term of the members of the board, during which it was introduced, shall have expired. (Ord. Nov. 11, 1913; revised.) 2. Adopted and approved ordinances. — The clerk of the board of aldermen shall cause 500 copies of each general ordinance to be published in separate leaflet form, consecutively numbered and paged in the form and style of the Session Laws of the State of New York, within 10 days after its approval by the mayor, or upon its taking effect without his approval or disapproval, or after reconsid- eration and readoption by the board of aldermen subsequent to his disapproval thereof, as provided by section 40 of the charter, as amended and supplemented. The clerk shall also cause to be compiled a proper index of all such general ordinances for the cur- rent calendar year and for each year thereafter, which shall be pub- lished, during the month of January of the succeeding year, in the City Record and as a pamphlet, the pages of which shall be of the same size as that of the leaflets containing such general ordinances. (Ord. Jan. 4, 1915.) § 6. City seal. — The seal heretofore in use as the corporate seal of the corporation known as the Mayor, Aldermen and Commonalty of the City of New York, and now in the custody of the city clerk, shall be the seal of the city, to be kept and used by the city clerk, as provided by law or ordinance. (C. 0. § 2. For amendment, see Addenda, infra, p. 362.) § 7. Designation of acting head of a department. — The mayor is authorized to designate some senior officer in any department or bureau, to serve as the acting commissioner or chief of the depart- ment or bureau when the commissioner or chief thereof is absent from the city, or sick, for more than 10 consecutive days; provided such commissioner or chief of department or bureau is not authorized by law to designate any subordinate to act in his place, or, if so authorized, has failed to make such designation. The mayor may authorize any acting commissioner or chief of bureau to make ap- pointments or removals during the term of his designation, which shall not exceed 30 days and may be revoked at any time by the mayor. Where a bond is required by law from the commissioner or chief of bureau, a similar bond shall be given by the acting com- missioner or chief of bureau, designated pursuant to the authority conferred by this section. (Ord. Nov. 19, 1913; revised.) § 8. Office hours. — Except as herein otherwise provided, the office hours for all public offices of the city, and of all county offices within the city, unless otherwise fixed by law, shall be from 9 o’clock a. m. to 5 o’clock p. m.; provided, however, that the head of a city office or department, or a county officer who comes within the foregoing provision of this section, may adopt a rule that his office shall be closed to the public at 4 p. m. when in his judgment the period be- tween the hours of 4 p. m. and 5 p. m. is required for the perform- ance of the work of his office. During the months of July and August the office hours of such offices shall be, if the head of the office or GENERAL PROVISIONS 11 department in his discretion so orders, from 9 o’clock a. m. to 4 o’clock p. m. The foregoing provisions shall be subject to the quali- fication that on Saturdays the office hours of such office shall be from 9 o’clock a. m. to 12 o’clock noon. (C. O. § 489 as amend.) § 9. Meetings of boards. — All meetings of boards or commissions, constituting departments of the government of the city, shall be held openly, and shall in all cases be accessible to the public. They shall be held at such times and places as the board or commission may determine, and due notice thereof shall be published daily in the City Record. (C. O. § 488.) § 10. Municipal reference library , to have official reports ^ etc. The head of each department, bureau, board, commission or office of the city shall transmit to the municipal reference branch of the New York Public Library, in the municipal building in the borough of Manhattan, 4 copies of each annual or quarterly report or other publication of such department, bureau, board, commission or office, immediately after the same shall have been issued. (New.) § 11. Flags and decorations on city hall. — All power and authority to display flags or other decorations on, in or about the city hall, or other public buildings within the City Hall park, is hereby vested in the mayor, unless otherwise ordered by the board of aldermen, by a vote of a majority of all members elected to the board. (C. O. § 493. For ordinance adopting an official flag of the City, see Ad- denda, infra^ p. 363.) § 12. Sales of waste material. — All old and waste material, under the care of any department, shall be sold from time to time as may be deemed best for the public interest, in accordance with law. Any such sale shall be conducted under the immediate supervision of the head of the bureau having charge of the material to be sold and the proceeds thereof shall be collected by him and transmitted, within 24 hours, to the head of the department for deposit in the city treasury, except as otherwise specially provided by law or ordinance. (C. O. § 490, revised.) 12 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 2 Administrative Provisions Article 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. City debt and sinking funds. Contracts. Real estate. The mayor. The president of the board of aldermen. The comptroller. The borough presidents. Corporation counsel. City marshals. City surveyors. Public administrator. Public employment bureau. Taxes and assessments. Miscellaneous regulations. ARTICLE 1 CITY DEBT AND SINKING FUNDS Sec. 1. Definitions; saving clause. § 2. Assessment bonds. § 3. Board of commissioners of the sinking fund; quorum. § 4. Sinking Fund of the City of New York for the Redemption of the City Debt; sources of income. § 5. Sinking Fund of the City of New York for the Payment of Interest. § 6. Collection of income of sinking funds. § 7. Bonds and mortgages due the city; duties of comptroller. § 8. Investment of moneys of the sinking fund for redemption of the city debt. § 9. Record of proceedings of the board; report to board of aider- men. Sec. 1. Definitions; saving clause . — The term city debt and city stock used in this article shall be construed to mean any bonds or stocks, or notes issued in anticipation of the issue of bonds or stock, created by the former corporation of the City of New York, or by the city as constituted by the charter. Nothing in this article shall be so construed as to impair or affect any pledge heretofore made, and now existing, of any property or its proceeds, embraced in any ordinance relating to the city debt. (C. O. § 70, with subd. 10, § 54.) § 2. Assessment bonds . — The comptroller shall keep an account of all assessment bonds issued by him, specifying the particular work on account of which the same shall have been issued ; and all moneys collected on account of any work for the payment of which said bonds were issued shall be applied to the payment of such bonds. (C. O. § 524, revised.) ADMINISTRATIVE PROVISIONS 13 § 3. Board of commissioners of the sinking fund; qiwrvm. — Any four or more of the members of the board of commissioners of the sinking fund, as constituted by the charter, of whom the comptroller shall be one, shall be and are hereby authorized to discharge the trusts and duties vested in them by this article. (C. O. § 56, re- vised.) § 4. Sinking Fund of the City of New York for the Redemption of the City Debt; sources of income. — All moneys heretofore received and hereafter to be received from the following sources are hereby pledged and appropriated to and shall constitute and form a fund called the Sinking Fund of The City of New York for the Redemption of the City Debt, until the whole of the stocks of the city shall be finally and fully redeemed, namely: 1. For commutation of quit-rents on grants; 2. For quit-rents arising from such grants as were issued prior to the year 1804; 3. The net proceeds of all sales of real estate belonging to the city, except when the same are made payable to a fund, the purpose of which is restricted to the purchase of other real estate, as provided by the charter; 4. The net proceeds of all bonds and mortgages payable to the city when collected, except when the said bonds and mortgages are part of the proceeds of the sale of real estate and the proceeds thereof are deposited in a fund, the purpose of which is restricted to the purchase of other reabestate, as provided by the charter; 5. For licenses to pawnbrokers and dealers in the purchase or sale of secondhand furniture, metals or clothes; 6. For public hack licenses and compensation paid on account of street vaults; 7. For exclusive occupation of private wharves, basins and piers; 8. For market fees and market rents; 9. All such other sources of revenue or sums of money as the board of estimate and the board of aldermen may appropriate to said fund. The revenues herein assigned for the redemption of the city debt shall be kept distinct from all other revenues payable to the board of commissioners. (C. O. § 53 revised, and § 65.) § 5. Sinking Fund of The City of New York for the Payment of Interest. — All moneys hereafter to be received from the following sources are pledged, appropriated and are to be applied to and con- stitute and form a fund to be called ^‘The Sinking Fund of The City of New York for the Payment of Interest Accruing and to Accrue Upon the Stocks of the City of New York,’’ until the same shall be fully and finally redeemed, namely: 1. For interest on all bonds and mortgages owned by the city, issued prior to January 1, 1898; 2. For fees heretofore known as mayoral fees now collectible by the department of licenses, except as otherwise provided by law; 3. For fines and penalties, except as otherwise provided by law; 4. For fees and fines collected by the clerks of the courts for the city, except as otherwise provided by law; 5. Rents from all sources not otherwise pledged; 6. For the sale of all property of the city other than real estate, except as otherwise provided by law. 14 CODE OF ORDINANCES OF THE CITY OF NEW YORK All moneys constituting the fund for the payment of interest on the city debt, whenever required to meet such interest, shall be drawn from the treasury by a warrant signed by the commissioners of the sinking fund or any four of them, the comptroller being one. (C. O. §§ 54, 66; revised.) § 6. Collection of income of sinking funds . — The comptroller shall superintend the collection of all rents, interest and demands due the sinking funds, and direct all necessary measures to complete the payment of them and report the condition of same to the board of aldermen quarterly. (C. O. § 41.) § 7. Bonds and mortgages due the city; duties of comptroller . — The comptroller is hereby authorized, with the sanction of the board of commissioners of the sinking fund, to assign any bond or mortgage held by the board to any person or persons who may elect to take such assignment, upon the payment in full of the principal and in- terest due on said bond and mortgage; and the mayor and city clerk are hereby authorized and directed to execute, under their hands and the seal of the city, any such assignment, upon evidence being ex- hibited to them, showing that the principal and interest of such bond and mortgage have been paid into the treasury of the city to the credit of the board of commissioners of the sinking fund. Upon the payment of any bond and mortgage in full, the comptroller shall prepare and cause to be executed a proper satisfaction of such bond and mortgage; which the mayor and city clerk are hereby authorized to execute, upon the production of evidence that the bond and mort- gage has been paid, as provided in the preceding sentence of this section. But no release of any part of the premises contained in such mortgage, from the lien created by such mortgage thereon, shall be made or executed by them. (C. O. §§ 43, 44.) § 8. Investment of moneys of the sinking fund for redemption of the city debt . — The board shall, from time to time, invest the moneys which shall constitute the sinking fund for the redemption of the city debt, or as much as it can, in the purchase of stocks created by the city at not exceeding the market price therefor; and if, at any time, such investments cannot be made to the advantage of the city, then the board shall be authorized to invest the said moneys, or such part thereof as they may see fit, either in the purchase of stock of the state of New York, or of stock or bonds of the United States, notwithstanding such stock or bonds may be above the par value thereof. The powers conferred in this section shall be so construed as to render it imperative on the board, at all times to give preference to the purchase of city stock, if the same can be procured at a reason- able rate. Whenever the board shall have invested any part of the said fund in the purchase of the stocks of this state or of the United States, and shall at any time thereafter be enabled to purchase any, of the city stocks, at such prices as the commissioners may judge best for the public interest, they shall forthwith sell and dispose of said stocks of the state or of the United States and invest the net proceeds thereof in city stock, if, in their opinion, such disposition would be beneficial to the public interest. Whenever the board shall have invested any part of the said fund in the purchase of city stock, and shall at any time thereafter be enabled to purchase any of the city stock which shall be by its terms redeemable at an earlier day, the ADMINISTKATIVE PROVISIONS 15 board may forthwith sell the same and invest the net proceeds in such other city stock, if in the opinion of the commissioners such exchange shall be desirable and beneficial to the public interest. Whenever any of the moneys constituting the sinking fund for the redemption of the city debt shall be required for any purchase or investment mentioned in this section, or for the redemption of any of the city stocks at their maturity, the amount of money required shall be paid from the treasury, by warrant, signed by the board or any four of its members, the comptroller being one. All stocks and securities which shall be purchased by the board shall be transferred to it, and all transfers thereof, when disposed of pursuant to the pro- visions of this section, shall be made by the commissioners or any four of them, of whom the comptroller shall be one. The city stock which shall be purchased by the board shall not be canceled by it until the final redemption of the same, and all interest accruing thereon shall regularly be carried to the sinking fund for the redemp- tion of the city debt. Nothing in this section shall be so construed as to prevent the board from temporarily investing the unemployed moneys belonging to the sinking fund in the temporary bonds of the citv. (C. O. §§ 54- 64, 67.) § 9. Record of proceedings of the hoard; report to hoard of aider- men. The comptroller shall keep a correct journal of the proceedings of the board of commissioners of the sinking fund, to be authenticated by the secretary of the board, by his signature; and once in each year, or oftener, if required, the comptroller shall render unto the board of aldermen a full and detailed report of the proceedings of the board. The report shall specify the disbursements, purchases, exchanges and sales made by the board, the prices at which and the parties from whom such purchases, with whom such exchanges, and to whom such sales shall have been made; the amounts and descrip- tions of the stocks of the city purchased by the board; the amounts and descriptions of the stocks of this state and of the United States then held by the board, and the amounts paid for interest on city stocks. Such report shall also contain a detailed statement of the receipts and of the unemployed moneys in the city treasury to the credit of each sinking fund. (C. O. §§ 68, 69). ARTICLE 2 Contracts Sec. 60. When requisite. § 61. Contracts of borough presidents. § 62. Surveys or plans § 63. Proposals for estimates. § 64. Form of proposals. § 65. Contents of estimates; verification. § 66. Opening estimates. § 67. Samples. § 68. Payment in installments; security required. § 69. Payments on assessment work; security required. 16 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 70. Protection against accidents. § 71. Snow removal contracts, payment of laborers. § 72. Enforcement of contracts; bonds. § 73. Payments on contracts. § 74. Certificate of amount due. § 75. Inspection of contract work. § 76. Affidavits of surveyor and inspector. § 77. Extra work. § 78. Delayed payment of assessments. § 79. Report as to outstanding contracts. Sec. 60. When requisite. — ^All supplies to be furnished or work to be done for the city, whether they are to be paid for out of the city treasury or out of trust moneys under the control of or to be assessed or collected by the city, shall be furnished or performed by contract, except where otherwise provided by law. (C. O. § 509). § 61. Contracts of borough presidents. — All contracts for work, materials or supplies, relating to any of the matters under the cog- nizance of the respective borough presidents, shall be made by the borough presidents, and bonds, to be approved as to form by the corporation counsel and as to sufficiency by the comptroller, shall be taken for the faithful performance thereof; all such contracts shall be executed in triplicate by the said borough presidents, on the part of the city, and by the contractor; one original copy so executed shall be kept and filed in the office of the borough president, one shall be filed in the office of the comptroller, and the third shall be given to the contractor. (C. 0. § 84). § 62. Surveys or plans. — Whenever in the opinion of a borough president a survey or plans shall be necessary for any work duly authorized, or for the purpose of reporting any necessary informa- tion, he shall cause such survey or plans to be made by a competent surveyor, architect or engineer, as the nature of the work may re- quire. (C. O. § 89 in part). § 63. Proposals for estimates. — The several departments and officers empowered by law to make contracts on the part of the city shall issue proposals for estimates therefor, and advertise the same, as provided by law. There shall be kept by each department an appro- priate box, to be designated ^‘Estimate Box,’^ with a proper opening m the top thereof to receive estimates for which proposals have been issued. Such box shall be kept locked, except when it may be neces- sary to open it to examine and decide upon estimates, and the key thereof shall be retained by the head of the department. The head of the department shall deposit in said box all estimates duly pre- sented to him, for work to be done under the direction of the depart- ment, immediately on the receipt thereof by him. (C. O. § 510). § 64. Form of proposals. All proposals for estimates shall be in such form as may be prescribed by the department making the same, and shall contain the following particulars: 1. They shall require that the person making the estimate shall deliver it in a sealed envelope, addressed to the head of the appro- priate department at his office, or at such place as may be designated in the advertisement, on or before a day and hour therein named, not less than 10 days from the first publication thereof; ADMINISTRATIVE PROVISIONS 17 2. They shall state the quantity and quality of supplies, or the nature and extent, as near as possible, of the work required ; 3. They shall state that the estimates received will be publicly opened by the head of the department issuing the proposals at his office, or at such place as may be designated in the advertisement, at a day and hour therein mentioned; 4. They shall state the amount in which security is required for the performance of the contract; 5. They shall state, briefly, the several matters required by the next section to be contained in, or to accompany the estimates. (C. 0. § 511.) As to patented articles see Warren Bros. Co. v. City of N. Y., 190 N. Y. 297, 511. § 65. Contents of estimates; verification. — Each estimate shall con- tain — 1. The name, residence and place of business of the person making the same; 2. The names of all persons interested with him therein, and if no other person be -so interested, it shall distinctly state that fact; 3. That it is made without any connection with any other person making an estimate for the same purpose, and is in all respects fair, and without collusion or fraud; 4. That no member of the board of aldermen, head of a depart- ment, chief of a bureau, deputy thereof, or clerk therein, or other officer or employee of the city, is directly or indirectly interested therein, or in the supplies or the work to which it relates, or in any portion of the profits thereof. The estimate shall be verified by the oath, in writing, of the party making it, that the several matters stated therein are in all respects true. (C. O. p 512, 513 as amended.) § 66. Opening estimates. — -The sealed envelope containing the estimate shall be endorsed with the name or names of the person or persons presenting the same, the date of its presentation, and a statement of the work to which it relates, and no estimate shall be taken from the “Estimate Box,” nor shall the sealed envelope thereof be opened by anyone, except at the time and in the manner herein designated for deciding on such estimates. At the time and place appointed for that purpose in the proposals, as prescribed in this article, the head of the department, or the president of the board where the same are advertised by a board, or the secretary thereof, or other officer empowered to make the contract, in the presence of the comptroller or his representative, and such of the parties making them as may desire to be present, shall then and there open the estimate box, and the estimates to be examined at that time, as may appear from the endorsements thereon, shall be taken from the box. The head of department or other party hereinbefore authorized shall, then and there, publicly open and read all estimates which he may have received for the contract mentioned in such proposals, and shall reject all estimates not furnished in conformity with the law and the ordinance relating thereto. The award of the contract shall be made according to law. (C. O. § 516 as amended Sept. 23, 1913.) § 67. Samples. — When proposals are issued for a contract to fur- nish any article of which a sample can conveniently be furnished, the 2 18 CODE OF ORDINANCES OF THE CITY OF NEW YORK head of the department issuing the same may require that such sample be delivered at his office, or at the office of the head of the appropriate bureau in his department, within such time before the opening of the estimates as he may prescribe; and, if it be not so furnished, or does not conform to the quality required by the pro- posals, the estimate delivered by the person furnishing or omitting to furnish the same, as the case may be, shall be rejected. (C. O. § 517.) § 68. Payment in installments; security required. — In all contracts for work for the city where provision is made for the payment of the contract price by installments, a provision shall be inserted that the contractor shall allow 10 per cent, of the contract price of the work actually done to remain as security, until the whole work shall be completed according to the contract. (C. O. § 518.) § 69. Payments on assessment work; security required. — Whenever any contract shall be made hereafter by any department or officer of the city, the amount of which is to be afterward collected by assess- ment from the property benefited by the work to be done under the contract, the head of the department or officer making such contract shall cause to be inserted therein a clause that, as the work progresses, payments will be made to the contractors by monthly installments of 85 per cent, on the estimated value of the work actually done under said contract, and the officer making any such contract shall forthwith file a copy thereof with the comptroller. (C. O. § 54 as amended in L. 1912, Chap. 527.) § 70. Protection against accidents. — In all contracts for the work for the city upon any public building or in any public street or place, in the performance of which accidents or injuries may happen to the person or property of another, provisions shall be inserted that the contractor shall place proper guards for the prevention of accidents; that he shall put up and keep at nights suitable and sufficient lights during the performance of the work, and that he will indemnify the city for damages or costs to which it may be put by reason of injury to person or property of another, resulting from negligence or care- lessness in the performance of the work. (C. O. § 519; covering C. O. 215-218.) § 71. Snow removal contracts; payments of laborers. — In all emer- gency work performed by laborers in the removal of snow where men are engaged by the hour or the day, either by a contractor employed for the purpose or by the street cleaning department itself, it shall be stipulated that such work shall be paid for daily, directly to those individually employed in it, in the currency of the United States, and not by check or ticket. Such payments, in each instance, shall be made at the substations of the street cleaning department. Every contractor engaged in the removal of snow shall be required to stipulate with the commissioner of street cleaning, or others em- powered to enter into contracts for that purpose, as the case may be, to observe the provisions of this section, a violation of any of which shall be deemed to abrogate any such contract. (C. O. § 418a, 418b.) § 72. Enforcement of contracts; bonds. — Every contract for sup- plies or work by the city shall be executed by the contractor or con- tractors to whom the same may be awarded, and shall be accom- panied by a bond in the penalties mentioned in the proposals therefor, executed by the persons or company consenting to become bound as ADMINISTRATIVE PROVISIONS 19 sureties, or by such other persons or company as shall be substi- tuted therefor with the consent of the head of the department mak- ing such contract, conditioned for the faithful performance of the contract and every provision therein contained. The bond shall be accompanied by the oath, in writing, of the person signing the same, that he is a householder or freeholder in the city, and by the oath of the person, or an officer of such company, that he or it is worth the amount of the security required for the completion of the con- tract and stated in the proposals, as hereinbefore prescribed. The comptroller shall require such sureties to be further examined before himself, or an officer authorized to administer oaths deputed by him, in respect of the items and details of their property, before approv- ing the adequacy and sufficiency of such sureties. Each department of the city government and each officer, by whom any contract for work to be done for the city shall be made, shall require and enforce the faithful execution of each contract so made by them; and in case the contractor or contractors shall fail in any respect to perform the work which he or they have contracted to render or perform, within the time limited for the performance of the same, then the department or officer having charge of such work shall do and complete the same in the manner provided for in the contract for its performance and the cost thereof shall be a charge against such delinquent contractor or contractors; provided, however, that the head of any department or other officer by whom any such contract shall be made, may on good and sufficient cause, extend for a reasonable time the period fixed for the completion thereof. (C. O. § 520.) § 73. Payments on contracts . — No payment shall be made by the comptroller for work done or supplies furnished, except upon proper vouchers rendered by the head of the appropriate department, or the officer, board or commission for whom such work was done or supplies furnished; provided that, in the case of a pay-roll for labor performed under the supervision of the borough presidents, the comptroller may draw a warrant for the total amount of such pay-roll, in favor of the chamberlain, who shall make the payments therein specified. Such vouchers shall be made out in duplicate, and shall contain the certificate of such subordinate officers as the head of the department may require, in such form and purport as he shall prescribe, and also a certificate of the head of the department. One of the duplicate vouchers shall be retained in the department or office by which the vouchers are rendered, and the other shall be transmitted to the department of finance for payment. No payment shall be made upon any contract beyond the amount thereof. (C. O. § 39 and § 523.) § 74. Certificate of amount due . — Whenever any payment shall become due upon any contract, according to the provisions thereof or in accordance with any of the provisions of this ordinance, the head of department or officer having the work in charge shall furnish to the person or persons entitled to such payments a certificate, in writing, specifying the contract upon which the payment is due and the amount due thereon. The comptroller on the presentation to him of such certificate shall pay the amount thereof and endorse such payment upon the contract upon which such payment was made, 20 CODE OF ORDINANCES OF THE CITY OF NEW YORK but final payment on any contract shall not be made until the head of department or officer having charge of the work under the contract shall furnish a certificate, signed by him and filed in the office of the comptroller, that the work mentioned in the contract has been completed according to the terms thereof and to the satisfaction of the head of department or officer giving the certificate. (C. O. §§ 522, 523.) § 75. Inspection of contract work. — Each borough president shall appoint a competent inspector of contract work under the jurisdiction of his department, in all cases where he may deem the public service requires such inspector. Whenever an assessment shall be levied for any improvement, the amount paid for inspection of any contract work connected therewith shall be assessed and collected with the other expenses of the improvement, except where the inspector’s wages are legally chargeable to the contractor. (C. O. § 91 in part.) § 76. Affidavit of surveyor and inspector, — Each and every con- tractor shall be required to obtain an affidavit from the surveyor, setting forth the amount of work done, of every description that may be charged in each bill or assessment list of said contract, and said affidavit shall be attached to the assessment list. The inspector shall also furnish an affidavit, to be attached to each contract, setting forth that the work has been done according to the plans and speci- fications; said affidavit to be attached to each assessment list before presented for confirmation. (C. O. § 525.) § 77. Extra work. — No payment shall be made on any work or job done by contract for any extra work thereon not specified in the contract, unless such extra work shall have been done by the written order of the borough president or head of department di- recting the same, stating that such work is not included in the con- tract. And no such expenditure shall in any case be made, the total amount of which on any one work shall exceed $1,000, unless the same shall be authorized by the board of aldermen. (C. O. § 85.) § 78. Delayed payments of assessments. — In all cases of delinquency in the payment of any assessment for work done under a contract made by any contractor with the city, respecting any street or road or respecting the building of wharves, piers, slips and sewers, on the final settlement with every such contractor, there shall be allowed and paid to him all interest which shall have been collected on his account or contract, first deducting the collector’s commission. (C. O. § 526.) § 79. Report as to outstanding contracts. — The comptroller shall report to the board of aldermen, within 30 days after their organiza- tion in each year, a statement of all contracts made by the city, or directed or authorized by the board and not performed or completed or upon which any moneys remain unpaid; with the amount of money remaining unpaid on each such contract. (C. O. § 25.) ARTICLE 3 REAL ESTATE Sec. 100. City real estate to be supervised by the comptroller. § 101. Deeds, leases, etc., to the city; comptroller is custodian. ADMINISTRATIVE PROVISIONS 21 § 102. Leases or other conveyances by the city. § 103. Assignment of leases and subletting by city. § 104. Execution of deed by city. § 105. Quit-rents. § 100. City real eUate to he supervised by the comptroller. — The comptroller shall superintend all real estate of the city and report to the board of aldermen all encroachments thereon. He shall direct and superintend the collection of all rents or other moneys due the city. (C. O. §§21, 24.) § 101. Deeds j leases, etc., to the city; comptroller is custodian. — The comptroller shall keep on file in his office all title deeds, leases, bonds, mortgages or other assurances of title, except such as are directeci by law or ordinance to be deposited elsewhere. He shall cause all grants, leases and counterparts of leases, and all deeds executed by the city, to be recorded in proper books to be kept in his office. (C. O. §§ 22, 23.) § 102. Leases or other conveyances by the city. — Whenever any real estate belonging to the city is unproductive, or the term for which it may have been leased or let shall have expired or be about expiring, the head of the department, bureau, board or office having jurisdic- tion over such real estate shall forthwith turn over the same to the board of sinking fund commissioners and advise the comptroller thereof. The comptroller shall report to the board whether or not, in his judgment, it will be to the public interest to lease or other- wise dispose of such property. The comptroller, under the sanction of the board, shall appoint appraisers upon behalf of the city to settle the rent on renewal of any lease, or the value of the building, to be paid for on the expiration of any lease in which the city is or shall be interested, whenever by the provision of such lease the appointment of appraisers is required. All leases authorized by the board shall be executed by the mayor and the city clerk, under their hands and the seal of the city. (C. O. §§ 42, 46.) § 103. Assignment of leases and subletting by city. — The comptroller may consent, in the name and on behalf of the city, that the lessee or assignee of a lease made by the city shall assign the same or under- let the demised premises, whether or not provision is made by the lease that it shall not be assigned or the premises underlet without the consent of the city; but he shall not so consent unless all arrears of rents upon the premises be paid in full. (C. O. § 28 amend.) § 104. Execution of deeds by city. — Whenever any real estate shall have been sold pursuant to the preceding sections of this article, the board of commissioners of the sinking fund, or a majorit}^ of them, shall give a certificate, under their hands, that the same has been sold pursuant to the provisions of this article, and upon the produc- tion of such certificate and the evidence that the proceeds of such sale have been paid into the treasury to the credit of the sinking fund for the redemption of the city debt, or such other appropriate fund as provided by the charter, the mayor and the city clerk shall exe- cute proper conveyances of such real estate under their hands and the seal of the city. Whenever any real estate of the city shall have been sold pursuant to any provision of the charter or any ordinance, the mayor and the city clerk shall execute proper conveyances of 22 CODE OF ORDINANCES OF THE CITY OF NEW YORK such real estate, under their hands and the seal of the city. (C. O. § 76, revised.) § 105. Quit-rents. The comptroller shall preserve in a book to be kept in his office for that purpose, to be called the record of quit- rents, maps of all grants of land heretofore made by the former Corporation of The City of New York, on which quit-rents are payable, showing the original grants and the subdivisions of the same as near as they can be ascertained. He may receive the sums proportionately due from each owner in payment of the portion of the moneys payable under the original grant, as the same shall from time to time become payable. He shall, on receiving written notice from the grantee of the said former corporation, or his assignee, of the sale of any portion of land subject to quit-rent, enter in the record of quit-rents the name of the purchaser, with the date of the sale and the portion of the land sold. He may thereafter receive the sum proportionately due from such purchaser, in payment of his portion of the moneys payable under the original grant, as the same shall, from time to time become payable, and he may receive from the owner of the lot or parcel mentioned in the notice, or his legal representative, the sum proportionately due from him in pay- ment of his proportion of the moneys payable imder the original grant. When land heretofore granted by the said former corporation subject to a quit-rent, portions of which have been assigned by the grantee, shall be re-entered by the city for non-payment of the quit- rent, the comptroller may grant releases in severalty to such of the assignees of portions of the land granted as shall, within 6 months from the re-entry, pay their respective apportionments of commuta- tion money and the expenses of re-entry and conveyance, with such portions of the rent as may be justly due from the respective assignees for the land held by them, as the same shall be apportioned by the comptroller. Whenever any person shall desire to commute any quit-rent due the city, the comptroller shall calculate such commuta- tion at the rate of 6 per cent, and, upon the production of evidence that the same and all arrears of rent have been paid into the treasury of the city, to the credit of the board of commissioners of the sinking fund, the mayor and city clerk shall execute a release of such quit- rent. (C. O. §§ 30, 31 in part; 33-35, 45.) ARTICLE 4 THE MAYOR Sec. 130. Apprehension of criminals. § 130. Apprehension of criminals . — The mayor may, whenever he shall deem it necessary, issue his proclamation for the apprehen- sion of any person who may have committed a crime within the city, and may, in such proclamation, offer a reward not exceeding $500, to be paid out of the city treasury upon the certificate of the mayor that the service required has been performed. ARTICLE 5 THE PRESIDENT OF THE BOARD OF ALDERMEN Sec. 150. ADMINISTRATIVE PROVISIONS 23 ARTICLE 6 THE COMPTROLLER Sec. 170. Custodian of evidences of debt, contracts, bonds and stock certificates. § 171. Collection of rents and other debts. Sec. 170. Custodian of evidences of debt, contracts, bonds and stock certificates. — The comptroller shall keep and file in his ofhce all evi- dence of debt, contracts, bonds of indemnity, official bonds, and all certificates of stock belonging to the sinking funds, except such as are directed by law or ordinance to be deposited elsewhere. (C. O. §22.) § 171. Collection of rents and other debts. — The comptroller shall direct legal proceedings to be taken when necessary to enforce pay- ment of rents or other debts due to the corporation, or to obtain possession of premises to which the corporation is entitled. ARTICLE 7 THE BOROUGH PRESIDENTS Sec. 200. Expenditures for borough. § 201. Incumbrances and contingencies, accounts for. § 202. Receipts to be recorded and accounted for. § 203. Permits. § 204. Reports to the board of aldermen. Sec. 200. Expenditures for borough. — Each borough president shall control and direct all expenditures to be made by his department, and shall countersign and draw his requisition upon the comptroller for the payment of all bills and accounts therefor which in his judg- ment are correct, and which may be duly certified by the chief of the bureau, division or office under whose supervision the expenditure was incurred. No requisition shall be drawn by any borough pres- ident for the payment of any bill or account until the same shall have been duly certified as aforesaid, except that bills and accounts for expenditures for the removal of incumbrances, or for the other expenditures authorized by ordinance but not under the immediate supervision of any department, shall be certified by the borough president. (C. O. § 90.) § 201. Incumbrances and contingencies; accounts for. — Each bor- ough president shall keep separate accounts with the two appro- priations, one for the removal of incumbrances, and the other for the contingencies of his department, and drafts thereon shall be made upon the comptroller, who shall charge each appropriation with the respective drafts and draw his warrant in each case in favor of the borough president for the amount thereof. (C. O. § 95.) § 202. Receipts to be recorded and accounted for. — Each borough president shall cause to be entered in books to be provided for that purpose and kept in his office, open at all convenient times to public 24 CODE OP ORDINANCES OF THE CITY OF NEW YORK inspection, the names of all persons from whom he may receive money for the city, on trust account or otherwise; with the amounts received, or what account, and when paid. He shall render a certified account thereof, under oath, item by item, to the comptroller, on Thursday of each week, and shall thereupon pay over the amount so received to the chamberlain, from whom he shall receive duplicate vouchers for the payment, one of which he shall, on the same day, file in the office of the comptroller. (C. O. § 93.) § 203. Permits. — In all cases where provision is made by law or ordinance that the consent of a borough president shall be obtained to authorize any act to be done, he may grant a permit therefor, subject to the restrictions of all statutes and ordinances in relation thereto, and, upon granting any such permit, he may exact such cash deposit or bond, or both, as he may deem necessary to safe- guard the interests of the city. (C. O. § 92.) § 204. Report to hoard of aldermen. — The respective borough pres- idents shall, when required by the board of aldermen, inquire into and report upon any of the matters within their cognizance, and shall, from time to time, communicate to the board any information or suggestion that they may deem important in relation thereto. (C. O. §88.) ARTICLE 8 THE CORPORATION COUNSEL Sec. 220. Register of actions. § 221. Legislative bills, ordinances^ § 222. Books and papers to be delivered to successor. Sec. 220. Register of actions. — The corporation counsel shall keep in proper books, to be provided for that purpose, a register of all actions prosecuted or defended by him, and all proceedings had therein. (C. O. § 12.) § 221. Legislative hills, ordinances. — The corporation counsel shall prepare the draft of any bill to be presented by the city to the legis- lature for enactment, with a proper memorial for the passage thereof, and shall draw such ordinances as may be required by the board of aldermen or any committee thereof. (C. O. §§ 8, 9, revised.) § 222. Books and papers to he delivered to his successor. — Upon his resignation or removal, the corporation counsel shall forthwith deliver to his successor in office all deeds, leases, contracts, and other papers in his hands belonging to the city, and all papers in actions prosecuted or defended by him, with the register thereof and of the proceedings therein, and a written consent to the substitution of his successor in each pending action. (C. O. § 13.) ARTICLE 9 CITY MARSHALS Sec. 230. City Marshals; badges. § 231. Impersonating marshals; unauthorized signs. § 232. Violations. Sec. 230. City marshals; badges. — -The mayor is hereby authorized to prescribe the style, form and size of a badge to be known and ADMINISTRATIVE PROVISIONS 25 designated as the city marshars official badge, a description of which he shall file in the office of the city clerk. Each city marshal shall provide himself, at his own expense, with one of such badges, and shall wear the same at all times while engaged in the discharge of his duties. At all times, every city marshal shall display his badge, upon demand. (C. O. §§ 567-569, rev.) §231. Impersonating marshals; unauthorized signs. — No person, not a marshal of the city, shall hold himself out to the public as being a marshal, or as being in any way authorized to act as a marshal or to perform the duties of a marshal. No person, not a marshal, shall exhibit any sign with the words “marshal’s bureau” thereon, or any other words or terms whereby the public may be led to believe that he is a city marshal or authorized to act as such, or that his office is the office of a city marshal. No city marshal shall knowdngly permit any person, not a city marshal, to perform any act in his name, or to sign or use his name in the performance of any act which can be performed only by a city marshal in person. (Charter § 1430.) § 232. Violations. — Any person violating any of the provisions of this article shall be punishable by imprisonment for a term not exceeding one month, or by a fine not exceeding $200 for each offense. (Charter § 1430.) ARTICLE 10 CITY SURVEYORS Sec. 240. Appointment of surveyors; oath of office. § 241. Maps and surveys. § 242. Fees. § 243. Assessment work; surveyors’ fees to be assessed. § 244. Contract certificates. Sec. 240. Appointment of surveyors; oath of office. — There shall be as many surveyors appointed for the city as the board of aldermen shall from time to time think proper. Each city surveyor, before entering upon the duties of his office, shall take an oath well and truly to perform the same. (C. O. §§ 274, 275.) § 241. Maps and surveys. — Whenever, in the proper administra- tion of the duties of his office, the president of any borough inay require the services of a city surveyor in laying out and regulating streets and roads, making maps and surveys for street opening pro- ceedings, laying out and surveying grounds for the purpose of build- ing thereupon, or to advise and direct concerning the same, he shall have the authority to employ such one of the city surveyors as he may designate for that purpose. fC. O. § 276.) § 242. Fees. — City surveyors employed by any borough president shall receive compensation for their services as follows: 1. For a preliminary survey in regulating a street or for making a country road, for the first line of level 5 cents per linear foot, meas- uring through the centre of the street or road, and for each additional line of level 13 ^ cents per linear foot, to be measured in the same manner; 2. For grading, when done alone, 8 cents per linear foot, measuring through the centre of the street; 26 CODE OF ORDINANCES OF THE CITY OF NEW YORK 3. For grading and setting curb and gutter, when done under the same contract, 12 cents per linear foot, measuring through the centre of the street; 4. For grading and setting curb and gutter and flagging or paving, when done under the same contract, 14 cents per linear foot, meas- uring through the centre of the street; 5. For setting curb and gutter alone 4 cents per linear foot along the line of the work done; 6. For setting curb and gutter and flagging or paving, when done under the same contract, but not in connection with the grading, 12 cents per linear foot, measuring through the centre of the street; 7. For flagging, when done alone, 5 cents per linear foot along the line of the work done; 8. For fencing, including preliminary survey, 5 cents per linear foot; 9. For making a country road, 14 cents per linear foot, measuring through the centre of the road; 10. For establishing a new grade line, IJ^ cents per linear foot, measuring along the line; 11. For making the necessary surveys and furnishing all necessary copies of damage maps in street opening proceedings, 3 cents per linear foot, measuring along the exterior fine of the street and along all interior boundary lines of each parcel included within said street lines; and for assessment lists and maps for street openings or other improvements, 3 cents per linear foot of map front; and for every additional copy of hst and map required, 2 cents per linear foot of map front. No surveyor’s bill shall be paid until the same shall be certified by the borough president employing him. A surveyor employed by one of the borough presidents to make a survey, the compensation for which is not otherwise provided, shall receive such compensation as shall be a^eed upon in writing between the surveyor and the borough president, before the survey or work be undertaken, and, after the completion of the said survey or work, the surveyor’s bill shall be certified by the borough president, in accordance with the terms of such agreement. In all cases of street improvements, when the same is required, the surveyor shall furnish to the borough president, a projection or profile and such drawing and calculations as may be required by him, without extra compensation. A surveyor shall be entitled to receive payment for a preliminary survey, on the completion of the same to the satisfaction of the borough president employing him. He shall receive payment for all services on the completion of the work and its acceptance by the borough president. (C. O. §§ 277, 278.) § 243. Assessment work; surveyors^ fees to he assessed . — The amount paid a city surveyor for any of the services mentioned in the last preceding section, whenever the same shall have been rendered in relation to any improvement or work for which an assessment may afterward be made, shall be included in such assessment. (C. O. § 279.) § 244. Contract certificates . — A surveyor shall be entitled to receive $15 for every certificate for payment to a contractor on any work ADMINISTRATIVE PROVISIONS 27 done by contract made upon public advertising and letting, which shall be paid by the borough president making the contract, and, except as herein otherwise provided, no surveyor shall be entitled to any payment for a certificate to a contractor. The amount so paid for a certificate shall be deducted from the payment to be made to the contractor on account of the work certified to be done. ARTICLE 11 PUBLIC ADMINISTRATOR Sec. 250. Reports. § 251. Bank accounts, supervision of comptroller. § 252. Distribution of decedents^ assets. Sec. 250. Reports. — The public administrator of the county of New York shall, on the twentieth day of December, in each year, report to the board of aldermen the titles of all actions prosecuted by or against him, and then pending and undetermined, with such other information in respect thereto as he may deem necessary or proper. He shall report to the comptroller on the first Thursday of each month, and oftener if required, the amount of moneys received by him since his last return on account of any estate upon which he shall have administered. He shall, at the same time, report to the board of aldermen a transcript of such of his accounts as have been closed or finally settled, and of those on which any money has been received by him as part of the proceeds of any estate on which he has adminis- tered; he shall deposit all moneys by him collected and received, as required by law, in such bank as the corporation counsel shall select from the designated depositories of the city's moneys. (C. O. §§ 15-17.) § 251. Bank accounts y supervision of comptroller. — The public administrator of the county of New York, shall, whenever required, exhibit to the comptroller the bank book showing his deposits, and all other vouchers and documents relating to his office. The comptroller, before signing any check for money deposited, shall examine the bank book showing the deposits, and the vouchers on which the check is required to be drawn, and shall satisfy himself fully as to the correctness thereof and, in case of doubt or difficulty, he shall report the case to the board of aldermen for its direction. (C. O. §§ 18, 19.) § 252. Distribution of decedents^ assets. — The comptroller may distribute and pay any balance of an intestate's estate remaining in the city treasury to the persons legally entitled thereto, whenever he and the public administrator of the county of New York shall be satisfied that the person claiming the same is legally entitled thereto; but, if they be not satisfied thereof, they shall report the case to the board of aldermen for its direction. (C. O. § 20.) ARTICLE 12 PUBLIC EMPLOYMENT BUREAU Sec. 260. Organization and purpose. § 261. Records. § 262. Co-operation with kindred agencies. 28 CODE OF ORDINANCES OF THE CITY OF NEW YORK Sec. 260. Organization and purpose, — There shall be a public employment bureau in and for the city, attached to the department of licenses, with the principal office in the borough of Manhattan, and a branch office in such other boroughs, as may be deemed neces- sary and designated by the commissioner of licenses, for the purpose of aiding unemployed persons in securing employment and employers of labor in securing employees; but no fee shall be charged by the bureau, or any officer or employee thereof, for such purpose. The employees of the bureau shall consist of such assistants and clerks as may be found necessary for properly carrying on its work, and they shall be appointed and removed by the commissioner of licenses in accordance with the rules and regulations of the municipal civil service commission. § 261. Records. — There shall be kept in the principal office of the bureau, and in each and every branch office thereof, such system of records as may be necessary properly to record and classify, accord- ing to trade or profession, (1) all applicants for positions; (2) all positions to be filled as reported to said bureau; (3) all persons sent to those seeking employees; (4) all such persons who secure employ- ment, and (5) such other records as the commissioner may deem necessary. A report of the transactions of each branch office shall be transmitted daily to the principal office of the bureau. § 262. Co-operation with kindred agencies. — The bureau shall, in so far as it may be feasible, co-operate with such employment bureaus or intelligence offices as now exist, or which may hereafter be estab- lished and conducted by the United States or the State of New York. (Ord. May 5, 1914). ARTICLE 13 TAXES AND ASSESSMENTS Sec. 265. Fees for searches. § 266. Apportionment of taxes. Sec. 265. Fees for searches. — The following fees shall be paid to and collected by the collector of assessments and arrears, for the benefit of the city treasury, on his furnishing a bill of arrears or making searches upon a requisition for searches, on each lot or piece of property mentioned or referred to therein, namely: a. In respect of water rents, 50 cents; b. In respect of taxes, 50 cents; c. In respect of assessments, 50 cents; d. For his certificate upon any such bill or search, when requested, 10 cents. (C. O. § 77.) § 266. Apportionment of taxes. — When several lots or parcels of land belonging to different persons are assessed for taxes in one par- cel, the comptroller may make the proper apportionment of the tax among the different owners. (C. 0. § 29.) ARTICLE 14 MISCELLANEOUS REGULATIONS Sec. 270. Bonds of city officers. ADMINIRTRATIVE PROVISIONS 29 Sec. 270. Bonds of city officers . — Before entering upon the duties of his office: 1. The comptroller shall give a bond to the city, conditioned upon the faithful performance of the duties of his office, in the penal sum of $200,000, with a surety company or two or more sufficient sureties to justify in double the amount under oath before a judge of the supreme court, on notice to the corporation counsel, whereupon the same shall be immediately filed with the city clerk by the comptroller; 2. The chamberlain shall give a bond to the people of the State of New York in the sum of $300,000, within 10 days after receiving notice of his appointment, with not less than four sufficient sureties, to be approved by the comptroller, conditioned that he will faithfully discharge the duties of his office and all trusts imposed on him by law; 3. Each of the following officers or employees shall execute a bond to the city, conditioned for the faithful performance of the duties of his office, with one or more sureties, to be approved by the comp- troller, except in the cases of the receiver of taxes and the collector of assessments, whose bonds shall be approved by the chamberlain, in the penal sum as follows: Each deputy comptroller $ 10,000 00 Receiver of taxes 25,000 00 Collector of assessments and arrears 25,000 00 Collector of city revenue and superintendent of markets 15,000 00 Each deputy collector of city revenue 2,000 00 Clerk to the collector of city revenue and superintendent of markets 5,000 00 City clerk 20,000 00 City clerk^s cashier 3,000 00 Deputy city clerk, borough of The Bronx 1,000 00 borough of Brooklyn 5,000 00 borough of Queens 1,000 00 borough of Richmond 1,000 00 Commissioner of weights and measures and each in- spector of weights and measures 2,000 00 Corporation counsel 5,000 00 Fire commissioner (as treasurer of fire department) . . . 20,000 00 Police commissioner (as trustee of police pension fund) 100,000 00 Supervisor of the City Record 5,000 00 Deputy supervisor of the City Record 5,000 00 Each commissioner of public works 10,000 00 Water register 15,000 00 (Charter §§ 152, 351 and C. 0.) 30 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 3 Amusements and Exhibitions Article 1. General provisions. 2. Motion-picture exhibitions. 3. Common shows. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Exhibitions and performances to be licensed. § 2. Issue of licenses, fee. § 3. Commutation of license fee. § 4. Revocation of hcense. § 5. Unlicensed performances and exhibitions. § 6. Preceding sections not applicable to certain performances. § 7. Exits, to be numbered and indicated on programmes. § 8. Protection against fire or panic. § 9. Obstruction of aisles and passageways. § 10. Sunday observance. § 11. Sale of liquors; female waiters. § 12. Ticket speculators. § 13. Violations. Sec. 1. Exhibitions and performances to he licensed. — No person shall exhibit to the pubhc in any building, garden or grounds, concert- room or other place or room within the city, any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy or dancing, or any other entertainment of the stage, or any part or parts thereof, or any equestrian, circus or dramatic performance, or any performance of jugglers, or rope dancing, or acrobats, until a hcense for the place of such exhibition for such purpose shall have been first had and obtained, as hereinafter provided. (§ 1472. N. Y. Charter, now su- perseded by this ordinance and following sections as provided by § 3 of the Amendatory Act of 1901.) While this section includes public entertainments on a stage, The Mayor v. Eden Musee Co., 102 N. Y. 593, it has been held not to apply to those given merely to advertise goods, Weistblatt v. Bingham, 58 Misc. 328; People v. Martin, Deul, J., N. Y. Law Journal Feb. 8, 1912; People v. Campbell, 51 App. Div. 565. This section is practically the same as § 1998 of the Consolidation Act, L. 1882, ch. 410, and there are also earlier decisions under that section. In Collister v. Hayman, 183 N. Y. 250, it was held this section conferred no new rights upon the patrons of theatres. § 2. Issue of licenses^ fee. The commissioner of hcenses is hereby authorized and empowered to grant and issue the license referred to in the preceding section, to continue in force until the first day of May next ensuing the grant thereof, on receiving for each license so granted, and before the issuing thereof, the sum of $500; pro- vided that in the borough of Richmond such license fee shall be $100. Such licenses shall be uniform and may, in the discretion AMUSEMENTS AND EXHIBITIONS 31 of the commissioner, contain provisions and conditions which, in his judgment, may be essential for the welfare and benefit of the people of and visitors to the city, including provisions and condi- tions, respecting the tickets or other tokens entithng their holders to admission to such places, and respecting the hours of opening and closing thereof. (Charter § 1473.) § 1473. N. Y. Charter, changed by giving power to issue license to Commissioner of Licenses instead of the police department. It has been frequently held that granting the license was discretionary, not to be controlled by mandamus unless discretion was abused. See People ex rel. Rota v. Baker, 136 App. Div. 7 ; People ex rel. Armstrong v. Murphy, 65 App. Div. 123; People ex rel. Worth v. Grant, 58 Hun. 455. Power to restrict and regulate lawful occupations must be exercised with care to right of individuals. Great. N. Y. Athletic Club v. Wurster, 19 Misc. 443 (Gay nor, J). § 3. Commutation of license fee. The commissioner of licenses is hereby authorized to grant licenses for exhibitions or performances, as provided in sections 1 and 2 of this article, for any term less than one year, and in any case where such license is for a term of three months or less, he is hereby authorized to commute the fee therefor for a sum less than $500, but in no case less than $250, for a theatre, or $150 for a circus, concert-room or other building or place whatso- ever; provided that in the borough of Richmond such commutation of license fee shall be $50. (Ord. Feb. 14, 1911, as amend.) § 4. Revocation of license. — Any license provided for by the pre- ceding sections may be revoked and annulled by any judge or justice of a court of record, upon proof of a violation of any provision of this article. The proof shall be taken before such judge or justice, upon notice of not less than two days to show cause why such li- cense should not be revoked. He shall hear the proofs and allega- tions in the case and determine the same summarily, and no appeal shall be taken from his determination. Any person whose license shall have been revoked or annulled shall not thereafter be entitled to a license under any provision of this chapter. On any examina- tion, pursuant to a notice to show cause as aforesaid, the hcensee may be a witness in his own behalf. (§ 1476, Charter.) This section must be construed with § 10, infra, which provides as to revocation for Sunday performances. See Matter of City of New York, 131 App. Div. 767. Also see People ex rel. Hammerstein v. O’Gorman, 124 App. Div. 222; In re Sulli- van, 31 Misc. 1; Matter N. Y. Sabbath Committee, 44 Misc. 422. § 5. Unlicensed performances and exhibitions. — In case any person shall open or advertise to open any theatre, circus or building, gar- den or ground, concert-room or other place, for any exhibition or performance referred to in section 1 of this article, without first having obtained a license therefor, as provided for by sections 2 or 3 of this article, the corporation counsel may apply to the supreme court, or any justice thereof, for an injunction to restrain the open- ing thereof until its proprietor shall have complied with the require- ments of those sections, and also with such order as to costs as the court or justice may deem just and proper to make, which injunc- tion may be allowed upon a complaint in the name of the city, in the same manner as injunctions are now usually allowed by the practice of said court. Any injunction allowed under this section may be served by posting the same upon the outer door of the theatre or circus or building wherein such exhibition may be proposed to be held; or, if the same shall be in a garden or grounds, then by 32 CODE OF ORDINANCES OF THE CITY OF NEW YORK posting the same at or on or near the entrance way to any such place of exhibition. In case of any proceeding against the manager or proprietor of any such theatre, circus or building, or garden or grounds, as aforesaid, it shall not be necessary to prove the personal service of the injunction, but the service hereinbefore provided shall be deemed and held sufficient. (Charter § 1479.) (See Wallack v. Society, 67 N. Y. 23.) §6. Preceding sections not applicable to certain performances . — The provisions and requirements of the preceding sections of this article, shall not be held to apply to any building, hall, room or rooms, in which only private theatricals, tableaus and other exhibi- tions for charitable and religious purposes are given, nor to the manager of exhibitions given by amateurs for the benefit of any church, mission, parish or Sunday school, or for any other charitable or rehgious purpose; nor shall the same be held to apply to any masonic temple; nor to the trustees of any masonic hall and asylum fund, so long as the revenues of said temple shall continue to be ap- plied to the use of the masonic hall and asylum, or other charitable purpose; nor to the Educational Alliance, nor to the directors or of- ficers thereof, as such, with respect to any building which shall in whole or in part be owned or leased, by said Alliance, while so owned or leased, or so long as the revenue thereof shall continue to be ap- plied to the support of the Alliance and to the religious, charitable, social, educational or literary purposes thereof. (Charter § 1480.) § 7. Exits, to he numbered and indicated on programmes . — The owner, lessee, manager, or other person having charge or control of any theatre shall cause each and every door and means of exit, for use in case of fire or panic, to be numbered conspicuously, so as to be visible to the audience by whom the same may be used, and shall have or cause to be printed in conspicuous type, on the pro- gramme or bill of the play, a plan or diagram and explanation show- ing each of said exits thereon, and referring to the numbers afore- said. (Charter § 1487.) § 8. Protection against fire or panic . — The fire commissioner may detail, not to exceed two members of the uniformed force of the fire department, to each and every place of amusement where ma- chinery or scenery are in use, while such place is open to the public. Their duty shall be to guard against fire, to take charge and con- trol of the means provided for its extinguishment, and control and direct the employees of the place to which they may be de- tailed in the extinction of any fire which may occur therein. A mem- ber of the uniformed force on such detail shall inspect every portion of the building to which he may be detailed, during each public performance therein, for the purpose of guarding and protecting the occupants from fire or panic. In all places of public amusement or entertainment, not included in the foregoing provisions of this section, except in fireproof buildings, there shall be employed by the owner or proprietor thereof one or more watchmen, whose ex- clusive duty it shall be to protect and guard the inmates of such buildings from fire and other sources of danger. (Ord. Dec. 19, 1911 in part.) § 9. Obstruction of aisles and passageways . — -Whenever any mem- ber of the uniformed force of the fire department shall discover in AMUSEMENTS AND EXHIBITIONS 33 any inside aisle or passageway in any such place of amusement, any camp stool, chair, sofa, or other obstruction, or any person standing or sitting therein, during any public performance, he shall forthwith notify the proprietor or manager of such place of amuse- ment, or any usher, agent or other employee of such proprietor or manager then present, to cause the obstruction to be forthwith removed, or to cause the person standing or sitting in such aisle or passageway to forthwith vacate the same, except as hereinafter provided. If such manager, proprietor, usher, agent, or employee shall cause or permit any camp stool, chair, sofa, or other obstruction to be placed or remain in any aisle or passageway in any such place of amusement, or shall cause, or permit, any person to stand or sit therein, during any pubhc performance, or, having been so notified, shall neglect or refuse to cause such obstruction to be forthwith removed, or such person to forthwith vacate the aisle or passageway, they shall each severally be deemed to have violated the provisions and requirements of this section; provided, however, that where there is a passageway in the rear of the seats in such place of amuse- ment, more than 6 feet in depth, it shall be lawful to permit persons to stand therein, as follows: a. Standing in passageways. If the passageway is more than 6 feet and less than 16 feet deep persons may stand therein, pro- vided an unobstructed passageway of at least 6 feet in depth is left open, and there are no more than 4 rows of persons standing; if the passageway is more than 16 feet deep, any number of persons or rows of persons may stand therein, provided that an unobstructed passageway of at least 10 feet in depth is left open; and in places of amusement having a passageway in the rear of the seats, 6 feet or less, in depth, but having in addition an outer passageway in the rear thereof, to which all aisle heads have straight and direct access, 2 rows of persons may be permitted to stand in such passageway in the rear of such seats, but under no circumstances more than 2 such rows; b. Standing in balconies. In balconies or galleries, only one row of persons shall be permitted to stand; c. Standing room to he indicated. The space to be occupied by said standees shall be separated from the space to be left clear for passage, by tape, ribbon or other easily broken material, supported by light posts fixed in stationary sockets and not less than 3 nor more than 4 feet from the floor; all to be so constructed and placed as to be no obstruction in case of panic or emergency; d. Standing in aisles. But in no event, nor under any circum- stances, shall any person be allowed to stand in or at the head of any aisle. (Ord. Dec. 19, 1911, in part.) See also Building Code (ch. 5, Art. 23) as to build- ings of a public character and requirements for public safety. That aisles and pas- sageways in theatres should be kept free and clear has been repeatedly held, see Fire Dept. v. Stetson, 14 Daly, 125; Fire Dept. v. Hill, 14 N. Y. Supp. 158; Sturgis V. Coleman, 38 Misc. 302. In Sturgis v. Grau, 39 Misc. 330, it was held the space was not a passageway. Blocking aisles in a motion-picture theatre held violation § 1530, Penal Law. Russell, C. J., People v. Marks, N. Y. Law Journal, Feb. 15, 1913. § 10. Sunday observance. — No person shall exhibit on the first day of the week, commonly called Sunday, to the public, in any 3 34 CODE OF ORDINANCES OF THE CITY OF NEW YORK building, garden, grounds, concert-room or other room or place within the city, the performance of any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, wrestling, boxing, with or without gloves, sparring contest, trial of strength, or any part or parts thereof, nor any circus, equestrian or dramatic performance or exercise, nor any performance or exercise of jugglers, acrobats, club performances or rope dancers; but nothing herein contained shall be deemed to prohibit at any such place or places on the first day of the week, commonly called Sunday, sacred or educational, vocal or instrumental concerts, lectures, addresses, recitations and singing, provided that such above mentioned en- tertainments shall be so given as not to disturb the public peace or amount to a serious interruption of the repose and rehgious liberty of the community. Any person wilfully ofending against the pro- visions of this section, and every person knowingly aiding in such exhibitions, except as herein provided, by advertisements or other- wise, and every owner or lessee of any building, part of a building, grounds, garden or concert-room, or other room or place, who shall lease or let out the same for the purpose of any such exhibition or performance, except as herein provided, or assent that the same be used for any such purpose, shall be subject to a penalty of $500, which penalty the corporation counsel is hereby authorized to prosecute, sue for and recover; and, on the recovery of a judgment for the penalty herein provided, against any manager, proprietor, owner or lessee, consenting to or causing or allowing, or letting any part of the building for the purpose of any exhibition or performance, prohibited by this section, the license which shall have been pre- viously obtained by such manager, proprietor, owner or lessee shall be of itself vacated and annulled. (Ord. Dec. 19, 1907, with sfight changes.) The ordinance is not to be deemed invalid because Penal Code makes the same offense a misdemeanor. City N. Y. v. Alhambra Theatre Co., 136 App. Div. 509; aff’d. 202 N. Y. 528. An ordinance forbidding any show to be given for pay on Sunday in Yonkers, held to be reasonable. Hamilton v. Lennon, Mayor Yonkers, N. Y. Law Journal, Jan. 21, 1915. § 11. Sale of liquors; female waiters . — No wine, beer or strong or spirituous liquors shall be sold or furnished to any person in the auditorium or lobbies of any place of exhibition or performance mentioned in section 1 of this title, nor in any apartment connected therewith by any door, window, or other aperture, except that the commissioner of licenses may, in his discretion, and subject to such regulations and restrictions as he may determine, permit the same to be sold or furnished while concerts, consisting of vocal or instru- mental music only, are being given in a place duly licensed by him as herein provided. Such permission shall only be operative so long as it shall be lawful under the laws of this state to sell or furnish wine, beer or stronger spirituous liquors at such place, and may be revoked at any time by the commissioner. No person shall employ or furnish or permit or assent to the employment or attendance of any female to wait on, or attend in any manner, or furnish refresh- ments to the audience or spectators, or any of them, at any of the exhibitions or performances mentioned in said section, or at any other place of public amusement in the city. AMUSEMENTS AND EXHIBITIONS 35 The provisions of this section shall not be construed to interfere with the right of any incorporated or other society, organized and maintained for the cultivation of vocal or instrumental music, to exercise and practice the same in good faith for themselves only, and not for the observation and entertainment of the public; nor shall the use or occupation by any such society for the purposes aforesaid of any hall or room, connected with any place wherein by the laws of this state it is lawful to sell wine, beer, or strong or spir- ituous liquors, be construed to make such hall or room a place of public amusement, within the provisions of this act. No license shall be granted for any exhibition or performance, given in violation of this section, and any and every exhibition and performance at which any of the provisions of this section shall be violated, shall of it- self vacate, annul and render void and of no effect any license which shall have been previously obtained by any manager, proprietor, owner or lessee consenting to, causing, allowing or letting any part of a building for the purpose of such exhibition and performance. (Charter §§ 1483, 1484.) § 12. Ticket speculators . — No person shall conduct on or in any street in the city, the business of selling or offering for sale any ticket of admission, or any other evidence of any license, contract or right of entry to any performance or exhibition, in or about the premises of any duly licensed theatre, concert hall, place of public amusement, circus, common show, or any place of public amusement for which a license is not required by law; nor shall any person solicit, by words, signs, circulars or other means, any person to purchase any such ticket upon any street. Any person who shall violate any provision of this section, shall, upon conviction thereof, be punished as pro- vided in § 10 of chapter 27 of this ordinance. (Ord. Feb. 16, 1911.) § 13. Violations . — Except as otherwise specifically provided therein, any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment for not more than 6 months, or by both such fine and imprisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $250, to be recovered in a civil action brought in the name of the city. (Charter § 1477; also § 1482, 1485 and Ord. Dec. 19, 1907.) ARTICLE 2 MOTION PICTURE EXHIBITIONS Sec. 30. Definitions. § 31. Control of motion-picture theatres. § 32. Licenses. § 33. Application for motion-picture theatre licenses. § 34. Means of egress. § 35. Fire prevention. § 36. Fire extinguishing appliances. § 37. Heating. § 38. Lighting. § 39. Ventilating. 30 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 40. Sanitation. § 41. Public morals. § 42. Private or non-professional exhibitions of motion pictures. § 43. Operators of motion-picture machines. § 44. Violations. Sec. 30. Definitions. — Unless otherwise expressly stated, whenever used in this article, the following terms shall respectivelv be deemed to mean : 1. Motion-pictures, a display on a screen or other device of pictures or objects in motion or rapidly changing scenery, whether or not such display shall be accompanied by a lecture, recitation or vocal or instrumental music; 2. Motion-picture theatre, any public hall or room in which motion- pictures are displayed, in which the seating capacity does not exceed 600 persons and in which there is no stage or scenery; 3. Open-air motion-picture theatre, any public place or space in the open air, in which motion pictures are ediibited and in which there is no stage or scenery. (Ord. July 8, 1913, §§ 352a, 352b.) § 31. Control of motion-picture theatres. — The commissioner of licenses shall regulate and control all motion-picture theatres and open-air motion-picture theatres. The commissioner shall appoint such inspectors as may be necessary to carry out the provisions of this article. (Id., § 352c.) Granting a license is in discretion of mayor and not abuse when refused near a school. People ex rel. Moses v. Gaynor, 77 Misc. 576. When moving-pictures were new and before this ordinance there was a question whether they were common shows, Weisblatt v. Bingham, 58 Misc. 328; People v. Wacke, 77 Misc. 196. §32. Licenses. — 1. Issue and re-issue. All motion-picture theatres and open-air motion-picture theatres must be duly licensed. The commissioner may grant and issue any license required by this sec- tion. Motion-picture theatre licenses and open-air motion-picture theatre licenses shall expire on the 30th day of June next succeeding the date of the issue thereof. 2. Fees. License fees shall be as follows: For each motion-picture theatre, $100; For each open-air motion-picture theatre, $50; For motion-picture theatre licenses, and open-air motion-picture theatre licenses issued between the 1st day of January and the 30th day of June, inclusive, of any year, one-half the above mentioned fee shall be paid. (New.) § 33. Application for motion-picture theatre licenses. — Applications for motion-picture theatre licenses or for open-air motion-picture theatre licenses shall be made to the commissioner of licenses, who shall pass upon the location of the theatre and upon the character of the applicant for the license without delay. Upon the application for the issue or reissue of a license for a motion-picture theatre or an open-air motion-picture theatre, the commissioner shall request the fire department, the department of water supply, gas and electricity, the department of health, and the bureau of buildings of the borough in which such theatre is located, to inspect the same, and the said departments and the appropriate bureau of buildings shall, within AMUSEMENTS AND EXHIIUTIONS 37 ten days after receiving such requests, file in the department of licenses detailed written reports, which shall include a statement of any violation of law, ordinance, rule or regulation relating to such structure, and any dangerous condition existing therein. Upon the failure of any department or bureau, except the fire department and the bureau of buildings having jurisdiction, to file such report, the commissioner may disregard such department or bureau and, in his discretion, may issue a license. Each applicant for a license for a motion-picture theatre or an open-air motion-picture theatre, shall file plans and specifications for the theatre with the bureau of build- ings of the borough in which the theatre is situated, or is to be erected or constructed, and a copy of such plans and specifications, duly approved by the appropriate superintendent of buildings, shall be filed in the department of licenses with the application for the license. (Id., § 352c rearranged.) § 34. Means of egress. — 1. Indication. Over every exit there must be painted on the inside in letters not less than 6 inches high, the word “Exit’^ in legible type, and one red light or illuminated sign must be placed inside over each exit, and illuminated while the audience is present. 2. Obstruction j prohibited. All exit doors and doors leading to fire-escapes in all motion-picture theatres and open-air motion- picture theatres must be unlocked when the theatres are open to the public. All passageways and exits to the street required by law or ordinance must be kept free and clear, and shall be used for no other purpose than for entrance and exit to and from the theatre. No aisle, passageway or space in the rear of the seats in such a theatre shall be obstructed by any camp stool, chair, sofa, or settee, nor shall any person be permitted to stand or sit therein. (Id., § 352D.) Obstructing aisle a misdemeanor under § 1530, Penal Law. People v. Marks, N. Y. Law Journal, Feb^l5, 1913. § 35. Fire prevention. — 1. Care of films. Every booth in which a motion-picture projecting machine shall be operated shall contain an approved fireproof box for the storage of all picture films not on the projecting machine, and films shall not be stored in any other place on the premises. No film shall be rewound and repaired in a motion picture theatre, except in the booth or in some other enclosure approved as fireproof by the fire commissioner. The requirements of this section shall apply to portable booths and booths in open-air theatres, as well as to motion-picture theatres. (Id., §§ 352D, 352E.) “2. Cellars. The basement or cellar under the auditorium shall be kept free and clear, except the space used for the heating apparatus, for machinery connected with the theatre and for coal.” § 36. Fire extinguishing appliances. — Portable fire extinguishing appliances, approved by the fire commissioner, shall be provided in every motion-picture theatre and open-air motion-picture theatre, of the following kind and number: 1. 10-quart capacity buckets, painted red with the word “Fire'' in black, the letters 4 inches high, to the number of 6 for places seating less than 300 without a gallery, and 2 additional if there be a gallery, and to the number of 10 in places seating over 300 persons, and 4 additional buckets if there be a gallery; 2. Fire extinguishers, approved by the fire commissioner, of which 38 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2 shall be on the main floor and 2 in the gallery, if there be one, and 1 in the operating booth; 3. 4-pound flat-head axes, 2 of which shall be on the main floor and 2 in the gallery, if there be one; 4. 2 buckets filled with dry sand, to be kept in the operating booth. (Id., § 352D.) § 37. Heating . — When the temperature of the outdoor air is below 60 degrees F., the air in a motion-picture theatre, while an audience is present, shall be maintained at a temperature not lower than 62 degrees F. nor higher than 70 degrees F. If gas stoves, oil stoves or other apparatus throwing off products of combustion are used to heat such a theatre, said products of combustion must be carried to the outside air by means of a fireproof flue or flues. No radiator shall be placed in the aisles of such a theatre, so as to lessen the width below the minimum requirement. § 38. Lighting . — Every portion of a motion-picture theatre, as defined aforesaid, including exits, courts and corridors devoted to the uses or accommodation of the public, shall be so lighted by electric light, during all exhibitions and until the entire audience has left the premises, that a person with normal eyesight should be able to read the Snellen standard test type 40 at a distance of 20 feet, and type 30 at a distance of 10 feet; normal e3^esight meaning ability to read type 20 at a distance of 20 feet, in daylight. Cards showing types 20, 30 and 40 shall be displayed on the side walls, together with a copy of this section. § 39. Ventilating. — Motion-picture theatres, as defined aforesaid, having less than 200 cubic feet of air space for each person, or motion- picture theatres in which the outside window and door area is less than one-eighth of the floor area, shall be provided with artificial means of ventilation which shall supply, during the time when the audience is present, at least 500 cubic feet of fresh air per hour for each person. Motion-picture theatres having more than 200 cubic feet of air space for each person, or having outside windows and doors the area of which is equal to at least one-eighth of the floor area, shall be provided with artificial means of ventilation, that shall be in oper- ation when the outside temperature requires the windows to be kept closed, and which shall supply, during the time the audience is present, at least 500 cubic feet of fresh air per hour for each person. When the artificial ventilation is not in operation, ventilation by means of open doors and windows shall be sufficient to provide each person with 500 cubic feet of fresh air per hour. Motion-picture theatres having more than 1,000 cubic feet of air space for each person and having outside windows and doors, the area of which is equal to at least one-eighth of the total floor area, shall not be required to have artificial means of ventilation, provided the air is thoroughly changed by freely opening doors and windows, immediately before the admission of the audience and at least every 4 hours thereafter. No part of the fresh air supply required by any paragraph of this section shall be taken from any source containing vitiated air. The area of outside doors and windows shall mean the area capable of being freely opened to the outside air for ventilation purposes. When AMUSEMENTS AND EXHIBITIONS 30 fresh air is supplied by means of ventilating openings, at least 1 inlet shall be situated at one end of the room, and at least 1 outlet at the other end of the room. Where exhaust or inlet fans are necessary, at least 1 of such fans shall be placed in an outlet opening. The inlet opening or openings shall be placed in the floor or within 2 feet from the floor, and the outlet opening or openings in the ceihng, or within 2 feet of the ceiling. The inlet openings and their surroundings shall be kept free from dust, so that the incoming air shall not convey dust nor stir up dust as it enters. During the time spectators are present, the air in the theatre shall be kept continuously in motion by means of fans to the number of at least 1 to every 150 persons. Such fans shall be placed in positions remote from the inlet and outlet openings. No person shall be ex- posed to any direct draft from any air inlet. § 40. Sanitation. — 1. Toilets. Separate toilets for each sex must be provided in every motion-picture theatre and open-air motion- picture theatre. 2. Cleanliness. All motion-picture theatres shall be kept clean and free from dust. Their floors, where covered with wood, tiles, stone, concrete, hnoleum, or other washable material, shall be mopped or scrubbed with water, or swept with moisture or by some dustless method, at least once daily, and shall be scrubbed with water and soap or water and some other solvent substance, at least once weekly. All carpets, rugs and other fabric floor coverings in such theatres shall be cleaned at least once daily, by suction cleaning, beating or dustless sweeping. Curtains and draperies shall be cleaned at least once monthly, by suction cleaning, beating or washing. Cornices, walls and other dust-holding places shall be kept free from dust by washing or moist wiping. The wood and metal parts of all seats shall be kept clean. Fabric upholstering of seats and railings and other fixed fabrics shall be cleansed by suction cleaning, or other dustless method, at least once monthly. (Id., § 352F.) § 41. Public morals. — The inspectors of the department of hcenses shall investigate the character of exhibitions in motion-picture theatres and open-air motion-picture theatres, and shall report to the commissioner any offense against morahty, decency or public welfare committed in said exhibitions. (Id., § 352G.) § 42. Private or non-professional exhibitions of motion-pictures . — The provisions of this article shall not apply to motion-picture exhibitions, with or without charge for admission, conducted under the direct management of educational or religious institutions, nor to motion-picture exhibitions, without charge for admission, given or held not more than once a week in private residences or in bona fide social, scientific, pohtical or athletic clubs, provided: 1. Before motion-pictures shall be exhibited in any of the places above mentioned, there shall be obtained from the commissioner of licenses a permit for such exhibition; 2. Before granting such permit, the commissioner shall cause to be inspected the premises where it is proposed that exhibition shall be held, and shall grant the permit if, in his judgment, the safety of the public be properly guarded, and provided that, for an audience of more than 75 people, all chairs or seats shall be securely fastened to the floor or fastened together in rows; 40 CODE OF ORDINANCES OF THE CITY OF NEW YORK 3. The apparatus for projecting such motion-pictures shall be contained in a fire-proof booth or enclosure, constructed as required by law; or, where a motion-picture machine is used in such an exhibi- tion the machine may be enclosed in an unventilated fire-proof box, of a size sufficient to enclose the machine properly, to be approved by the fire commissioner ; 4. Every such exhibition shall be subject to the inspection of the officers and inspectors of the department of licenses, for the pur- poses of this article. (Id., §§ 352 H, 352 1.) § 43. Operators of motion-picture machines. — License required. No person shall operate any motion-picture apparatus or any con- nection thereof, unless he shall have been duly hceiised as hereinafter provided. 2. Application for license. Any person desiring to act as a motion- picture operator shall make application for a license as such to the commissioner of water supply, gas and electricity, who shall furnish to each appficant blank forms of application which he shall fill out and file with the commissioner. 3. Examination. The commissioner shall make rules and regula- tions governing the examination of apphcants and the issuance of hcenses and certificates; provided that each applicant shall be given a practical examination, under the direction of the commissioner. 4. Issue of license arid certificate. If, on such examination, the appficant is found to be competent to operate motion-picture appara- tus and its connections, he shall receive the license for which he has applied, within 6 days after his examination; which license shall continue in force for 1 year from the date of issue, unless sooner revoked or suspended. With every license granted there shall be issued to the person obtaining such license a certificate, made by the commissioner or such other officer as the commissioner may desig- nate, setting forth that the person named therein is duly authorized to operate motion-picture apparatus and its connections. 5. Posting certificate. The certificate shall be displayed in a con- spicuous place in the room in which the Licensee operates a motion- picture apparatus and its connections. 6. Discipline. The license and certificate may be revoked or sus- pended at any time by the commissioner, in his discretion, for cause. 7. Renewed of license. Every license, unless revoked or suspended, as herein provided, may, at the end of a year from the date of issue thereof, be renewed by the commissioner in his discretion, upon application and with or without further examination as he may direct, but every application for renewal of license must be made within the 30 days previous to the expiration of such license. 8. Unlicensed operators. No person, not licensed as provided in this section, shall be employed to operate or be permitted to operate any motion-picture apparatus, or any connections thereof, in any motion-picture theatre, open-air motion-picture theatre or other place where motion-pictures are exhibited, to which the public is admitted, with or without charge for admission. (Adapted from § 529a. Charter.) Granting license for moving-picture operator is not judicial act reviewable by certiorari. Matter of Whitten, 152 App. Div. 506. AMUSEMENTS AND EXHIBITIONS 41 § 44. Violations . — Any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $50, to be recovered in a civil action. (C. O. § 379 slightly changed.) ARTICLE 3 COMMON SHOWS Sec. 60. Definition. § 61. License required, fee. § 62. Violations. § 60. Definition . — A common show shall be deemed to include a carousel, Ferris wheel, gravity steeplechase, chute, scenic cave, bicycle carousel, scenic railway, striking machine, switchback, merry-go-round, puppet show, ball game, and all other shows of hke character, but not to include games of baseball, nor to authorize gambling or any games of chance. (C. O. § 352.) The power to regulate common shows is found in section 51 of the charter. While different kinds of shows are enumerated in the ordinance, this does not ex- clude other shows which contain the same general elements of public exhibition such as are usually conducted on the stage for the benefit and amusement of the public. Mayor, etc., of N. Y. v. Eden Musee American Co. (Ld.), 102 N. Y. 593; Thurber v. Sharp, 13 Bar. 627; Society for Reformation of Juvenile Delinquents V. Newbosch, 16 Week. Dig. 349. And where a license is required and perform- ances are successively given without one, injunction lies. Society for Reformation of Juvenile Delinquents v. Diers, 10 Abb. Pr., N. S., 216. Where as incidental to selling a book on gambling, an exhibition was given, held not to require a license as the exhibition was not the main object. People v. Royal, 23 App. Div. 258. Where a license is required, and the Mayor has power to “grant such licenses,” he cannot refuse to do so arbitrarily. Matter of O’Rourke, 9 Misc. 564. Moving picture show in candy store is a common show requiring a license. Weisblatt v. Bingham, 58 Misc. 328. When license may be suspended and revoked. Fox Amusement Co. v. McClellan, 62 Misc. 100; McKenzie v. McClellan, 62 Misc. 342. Power to license public amusement is to be used in discretion of oflScer and is not mandatory upon the tender of fee prescribed. People ex rel. Worth v. Grant, 58 Hun. 455. A moving picture in a hotel where no fee is charged is not a common show requiring license. People v. Wacke, 77 Misc. 196. § 61. License required; fee . — No person shall maintain or operate a common show without a license therefor, granted and issued by the commissioner of licenses. Such licenses shall be issued for a term of one year from the date thereof, unless sooner suspended or revoked by the commissioner. The annual fee for such license shall be $25. (C.O. §§ 305, 308 in part.) § 62. Violations . — Any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon con- viction thereof, be punished by a fine of not more than $10, or by imprisonment not exceeding 10 days, or, by both such fine and imprisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $10, to be recovered in a civil action. (C. O. § 379.) 42 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 4 Bridges Article 1. General provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Names of bridges. § 2. Speed of vehicles on bridges. Sec. 1. Names of bridges. — The bridges of the city shall hereafter be known as follows: 1. Across the East river: a. The New York and Brooklyn bridge shall be designated as the Brooklyn Bridge; b. The new East river bridge shall be designated as the Williams- burg Bridge; c. Bridge No. 3, crossing the East river, shall be designated as the Manhattan Bridge; d. Bridge No. 4, crossing the East river, shall be designated as the Queensboro Bridge. 2. Across the Harlem river: a. The bridge connecting First avenue, borough of Manhattan, and Willis avenue, borough of The Bronx, shall be designated as the Willis Avenue Bridge; b. The bridge on the line of Third avenue, shall be designated as the Third Avenue Bridge; c. The bridge connecting Madison avenue, in the borough of Manhattan, and East 138th street, in the borough of The Bronx, shall be designated as the Madison Avenue Bridge; d. The bridge connecting West 145 street, in the borough of Manhattan, and East 149th street, in the borough of The Bronx, shall be designated as the 145th Street Bridge; e. The bridge connecting West 155th street, borough of Man- hattan, and Jerome avenue, borough of The Bronx, shall be desig- nated as the Macomb’s Dam Bridge; f. The bridge connecting West 181st street, borough of Manhattan, and University avenue, borough of The Bronx, shall be designated as the Washington Bridge; g. The bridge connecting West 207th street, borough of Man- hattan, and West Fordham road, borough of The Bronx, shall be designated as the University Heights Bridge; h. The bridge on the line of Broadway shall be designated as the Ship Canal Bridge. 3. Bridges in the borough of The Bronx: a. The bridge over Mott Haven canal, on the line of East 135th street, shall be designated as the 135th Street Bridge; BRIDGES 43 b. The bridge over the Bronx river, on the line of Westchester avenue, shall be designated as the Westchester Avenue Bridge; c. The bridge over Westchester creek, on the line of East 177th street, shall be designated as the Unionport Bridge; d. The bridge over Eastchester bay, connecting Eastern boulevard and Pelham Bridge road, shall be designated as the Pelham Bridge; e. The bridge over Pelham Bay narrows, connecting City Island road and City Island avenue, shall be designated as the City Island Bridge; f . The bridge over Eastchester creek, on the line of Boston road, shall be designated as the Eastchester Bridge. 4. Bridges in the borough of Brooklyn: a. The bridge over Gowanus canalj on the line of Hamilton avenue, shall be designated as the Hamilton Avenue Bridge; b. The bridge over Gowanus canal, on the line of 9th street, shall be designated as the 9th Street Bridge; c. The bridge over Gowanus canal, on the line of 3d street, shall be designated as the 3d Street Bridge; d. The bridge over Gowanus canal, on the line of Carroll street, shall be designated as the Carroll Street Bridge; e. The bridge over Gowanus canal, on the line of Union street, shall be designated as the Union Street Bridge; f. The bridge over 5th Street basin (Gowanus canal), on the line of Third avenue, shall be designated as the Third Avenue Bridge; g. The bridge over Wallabout canal, on the line of Washington avenue shall be designated as the Washington Avenue Bridge; h. The bridge on the line of Metropolitan avenue, over English kills, shall be designated as the Metropolitan Avenue Bridge; i. The bridge over the Coney Island creek, connecting West 18th street and West 17th street, shall be designated as the Harway Avenue Bridge; j. The bridge over Sheepshead bay, on the line of Ocean avenue, shall be designated as the Ocean Avenue Bridge; k. The bridge over the Coney Island creek, on the line of the Shell road, shall be designated as the Shell Road Bridge. 5. Newtown creek bridges: a. The bridge connecting Manhattan avenue, borough of Brook- lyn, and Vernon avenue, borough of Queens, shall be designated as the Vernon Avenue Bridge. b. The bridge on the line of Greenpoint avenue shall be designated as the Greenpoint Avenue Bridge; c. The bridge connecting Meeker avenue, borough of Brooklyn, and Laurel Hill boulevard, borough of Queens, shall be designated as the Meeker Avenue Bridge; d. The bridge on the line of Grand street, shall be designated as the Grand Street Bridge. 6. Bridges in the borough of Queens: a. The bridge, over Dutch Kills creek, on the line of Borden avenue, shall be designated as the Borden Avenue Bridge; b. The bridge over Dutch Kills creek, on the line of Hunter’s Point avenue, shall be designated as the Hunter’s Point Avenue Bridge; 44 CODE OF ORDINANCES OF THE CITY (jF NEW YORK c. The bridge over Flushing river, on the line of Jackson avenue, shall be designated as the Flushing Bridge; d. The bridge over Flushing river, on the hne of Rodman street, shall be designated as the Strong’s Causeway Bridge; e. The bridge over Alley creek, on the line of Jackson avenue, shall be designated as the Little Neck Bridge. 7. Bridges in the borough of Richmond: a. The bridge over Lemon creek, on the line of Bayview avenue, shall be designated as the Lemon Creek Bridge; b. The bridge over Richmond creek, on the hne of Bridge avenue, shall be designated as the Fresh Kills Bridge. -(Ord. Jan. 4, 1915.) § 2. Speed of vehicles on bridges . — No person shall operate, drive or propel any vehicle, and no owner riding thereon or therein shall cause or permit the same to be driven or propelled upon the Brooklyn bridge at a rate of speed greater than 8 miles per hour, nor upon any other public bridge in the city at a rate of speed greater than 15 miles per hour. (Ord. Jan. 4, 1915.) HUlLDIN(i CODE 45 CHAPTER 5 Building Code Article 1. General provisions. 2. Materials. 3. Strength of materials. 4. Classification of buildings. 5. Restricted areas. 6. Height, size and arrangement. 7. Light and ventilation. 8. Exit facilities. 9. Projections beyond building line, 10. Safeguards during construction. 11. Partition fences and walls. 12. Excavations and foundations. 13. Masonry walls. 14. Wood construction. 15. Iron or steel construction. 16. Reinforced concrete construction. 17. Fireproof construction. 18. Firewalls and shafts. 19. Chimneys, flues and heating appliances. 20. Construction above roof. 21. Construction generally. 22. Frame construction. 23. Buildings of a public character. 24. Motion picture theatres. 25. Theatres and other places of amusement. 26. Miscellaneous structures. 27. Elevators. 28. Fire extinguishing appliances. 29. Plumbing and other systems of piping. 30. Altering, changing or demolishing buildings. 31. Unsafe buildings and collapsed structures. 32. Enforcement of chapter. While the following sections give the Building Code in force at the time of, the passage of this ordinance, (March, 1915) attention is called to the fact that im- portant amendments are still pending. The following new code rearranges and re- numbers the old code. The following embodies the Building Code approved by the Mayor on Got. 24, 1899, as amended. The power to enact a Building Code is vested in the municipal authorities by section 647 of the Greater New York Charter. (L. 1897, ch, 378.) The commission of experts -which was authorized to prepare the Code took as the basis for the work the Laws of 1882, chapter 410, which codihed the law under the former City of New York; the Laws of 1888, chapter 583, which codified the build- ing laws of the former City of Brooklyn, and the Laws of 1894, chapter 481. The revised Charter, L. 1901, ch. 466, sec. 43, explicitly confers ample general powers on the Board of Aldermen to “make, establish, alter, modify, amend and repeal all ordinances, rules and . . . building regulations,” etc., and section 407 ex- pressly continues in force the Building Code in force on January 1, 1902. Many of the old laws are now superseded by the Tenement House Act. The Building Code in force May 1, 1904, made a chapter of the City Ordinances by L. 1904, ch. 682, sec. 2. It can be amended by the Board of Aldermen under 46 CODE OF ORDINANCES OF THE CITY OP NEW YORK sec. 407, L. 1901, ch. 466. Such ordinances so passed have same effect as an act of the Legislature. City of N. Y. v. Trustees Sailors’ Snug Harbor, 85 App. Div. 355; Post V. Kerwin, 133 App. Div. 404. City N. Y. v. Foster, 147 App. Div. 258, aff’d 205 N. Y. 593; Racine v. Morris, 136 App. Div. 467, aff’d 201 N. Y. 240. Bd. of Aldermen has exclusive power to adopt Building Code. McGuiness v. Allison Realty Co., 46 Misc. 8. The order of a board or official of Fire Dept, may be examined as to its reasonableness. Fire Dept. v. Gilmourr, 149 N. Y. 453. The sections of the Building Code are merely ordinances which will be construed and enforced in the same general principles as the general ordinances and Sanitary Code. For some decisions of general application see notes on pp. 360 and 361. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Short title, scope and application. § 2. Definitions. § 3. Plans and specifications. § 4. Seal of building bureau. § 5. Right of entry of officers and employees. § 6. Chapter is remedial; construction. Sec. 1. Short title, scope and application. 1. Short title. This chapter shall be known and cited as the Building Code. 2. Scope. All matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures, erected or to be erected in the city are presumptively provided for in this chapter, except in so far as such provisions are contained in the Charter, the Tenement House Law, or the rules and regulations of the superintendents of buildings of the several boroughs. No wall, structure, building or part thereof shall hereafter be built or constructed, nor shall the plumbing or drainage of any building, structure or premises be constructed or altered in the city, except in conformity with the provisions of this chapter. No building already erected, or hereafter to be built in said city, shall be raised, altered, moved or built upon in any manner that would be in viola- tion of any of the provisions of this chapter, or the approval of the superintendent of buildings having jurisdiction, made and issued thereunder. 3. Application. All provisions of this chapter shall apply with equal force to municipal buildings as they do to private buildings. This section must be complied with, even where a building is being erected for the State. City of N. Y. v. Burleson Hardware Co., 89 App. Div. 222. Jurisdiction of Fire Dept, over buildings erected on docks and piers, upheld as to enforcing Building Laws. N. Y. Fire Dept. v. Atlas S. S. Co., 106 N. Y. 566. § 2. Definitions . — Unless otherwise expressly stated, whenever used in this chapter, the following terms shall respectively be deemed to mean: 1. Apartment house, every building which shall be intended or designed for, or used as, the home or residence of 3 or more families or households, living independently of each other, and in which every such family or household shall have provided for it a kitchen, set bathtub and water closet, separate and apart from any other. Definition of apartment house, held still in force, and not construed as tenement house. Grimmer v. Tenement House Dept., 204 N. Y. 370. BUILDING CODE 47 2. Bureau of buildings, the bureau of buildings of the borough in which is located a particular building or structure, erected, to be erected, or in course of erection, alteration or demolition. 3. Dead load, the actual weight of walls, floors, roofs, partitions and all permanent construction. 4. Frame building, a building or structure of which the exterior walls or a portion thereof shall be constructed of wood. Buildings sheathed with boards, and partially or entirely covered with four inches of brickwork, shall be deemed to be frame buildings. Wood frames covered with metal shall be deemed to be wood structures. “Piazza” held to be a building as to law regulating building materials. Fire Dept. V. Buffum, 2 E. D. Smith, 511. 5. 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. 6. Heights of buildings and walls. The height of a building shall be measured, in case the roof be flat, from the curb level at the centre of the front of the building to the top of the highest point of the roof beams; for high-pitched roofs the average of the height of the gable shall be taken as the highest point of the building. In case a wall is carried on iron or steel girders or iron or steel girders and columns, or piers of masonry, the measurements, as to its 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. 7. Hotel, any building, or part thereof, intended, designed or used for supplying food and shelter to residents or guests, and hav- ing a general public dining-room or a cafe, or both, and containing also more than 15 sleeping rooms above the first story. Whenever any such building hereafter erected shall be located on any other than a corner lot or plot, it shall not cover in the aggregate more than 90 per cent, of th.e area of such lot or plot at and above the second story level, if not more than 5 stories in height and 23^ per cent, less every additional story in height; and on a corner lot, when covering an area of not more than 3,000 square feet, it shall not occupy more than 95 per cent, of the area of such lot at and above the second story level. In case any such building is to occupy a number of lots, the superintendent of buildings having jurisdiction may allow the free air space, proportioned as hereinafter stated, to be distributed in such manner as, in his opinion, wiU equally as well secure light and ventilation. 8. Live or variable loads, all loads other than dead loads as herein defined. 9. Office building, any building divided into rooms above the first story, and intended and used for business purposes, no part of which shall be used for living purposes, except for the janitor thereof and his family. Office buildings when not on a corner shall not cover more than 90 per cent, of the lot area at and above the second story floor level. 10. Private dwelling, any building which shall be intended or de- signed for, or used as, the home or residence of not more than 2 separate and distinct familes or households, and in which not more 48 CODE OF ORDINANCES OF THE CITY OF NEW YORK than 15 rooms shall be used for the accommodation of boarders, and no part of which structure is used as a store or for any business purpose. Two or more such dwellings may be connected on each story when used for boarding purposes, provided the halls and stairs of each house shall be left unaltered. Any such building hereafter erected shall not cover more than 90 per cent, of the lot area. See Dept. Bldg. v. Fuld, 12 App. Div. 258. 11. Superintendeyit of buildings, the head of the bureau of build- ings of the borough in which is located a particular building or struc- ture, erected, to be erected or in course of erection, alteration or demolition. 12. Dimensions of buildings. For the purposes of this chapter, the greatest linear dimension of any building shall be considered its length and the next greatest linear dimension its width. §3. Plans and specifications. — 1. Preparation and filing. Before the erection, construction or alteration of any building or part of any building, structure or part of any structure or wall, or any plat- form, staging or flooring to be used for standing or seating purposes, and before the construction or alteration of the plumbing or drain- age of any building, structure or premises is commenced, the owner or lessee, or agent of either, or the architect or builder employed by such owner or lessee in connection with the proposed erection or alteration, shall submit to the superintendent of buildings a de- tailed statement in triplicate of the specifications, on appropriate blanks to be furnished to applicants by the bureau of buildings, and a full and complete copy of the plans of such proposed work, and such structural detail drawings of said proposed work as the superin- tendent of buildings may require, all of which shall be accompanied by a statement in writing, sworn to before a notary public or com- missioner 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, structure or proposed structures, premises, wall, platform, staging or flooring. 2. When existing building is to be demolished. When an existing building or part of an existing building is to be demolished, such fact shall be set forth in the statement required to be filed with the plans and specifications for the erection of a new building on the same site, or part thereof. 3. Authorization of owner. If the erection, construction or altera- tion, plumbing or drainage or the alteration thereof is proposed to be made or executed by any other person than the owner or owners of the land in fee, the person or persons intending to make such erection or alteration, or to construct such plumbing or drainage, shall accompany said detailed statement of the specifications and copy of the plans with a statement in writing, sworn to as aforesaid, giving the full name and residence, street and number, of the owner or owners of the land, or proposed building, structure or proposed structure, premises, wall, platform, staging or flooring either as owner, lessee or in any representative capacity, and that he or they are duly authorized to perform said work. Such statement may be made by the agent or architect of the person or persons herein- before required to make the same. BUILDING CODE 49 4. Place of filing. The said sworn statement and detailed state- ment of specifications and copy of the plans shall be kept on file in the office of the superintendent of buildings. 5. Approval. The erection, construction or alteration of any building, structure, wall, platform, staging or flooring, or any part thereof, and the construction or alteration of the said plumbing or drainage, shall not be commenced or proceeded with until said statements and plans shall have been so filed and approved by the superintendent of buildings, who shall approve or reject any plan filed with him pursuant to the provisions of this section within a reasonable time. Nothing in this section shall be construed to prevent a superintendent of buildings from approving the erection of any part of a building, or any part of a structure, where plans and detailed statements have been presented for the same before the entire plans and detailed statements of said building or structure have been submitted. Any approval issued by a superintendent of buildings pursuant to the provisions of this section, but under which no work is commenced within one year from the time of issuance, shall expire by limitation. 6. Compliance with plans. The erection, construction or alteration of any building, structure, platform, staging or flooring, and the construction or alteration of the plumbing or drainage thereof, when proceeded with, shall be constructed in accordance with such ap- proved detailed statement of specifications and copy of plans. 7. Ordinary repairs excepted. Ordinary repairs of buildings or structures, or of the plumbing and drainage thereof, may be made without notice to the superintendent of buildings, but such repairs shall not be construed to include the cutting away of any 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, or the alteration of any house sewer or private sewer or drainage system, or the construction of any soil or waste pipe. § 4. Seal of building bureau. — Each superintendent of buildings may adopt a seal and direct its use in his bureau. § 5. Right of entry of officers and employees. — Any officer or em- ployee of the bureau of buildings of any borough, so far as it may be necessary for the performance of his duties, shall have the right to enter any building or premises in said city, upon showing his badge of office. § 6. Chapter is remedial; construction. — This chapter is hereby declared to be remedial, and shall be construed liberally to secure the beneficial interests and purposes thereof. This act being beneficial should be liberally construed to attain the object in- tended. N. Y. Fire Dept. v. Buhler, 35 N. Y. 177. A statute limiting height of certain buildings held valid exercise of police power. People ex rel. Kemp v. D’Oench, 111 N. Y. 359. ARTICLE 2 Sec. 20. Brick. § 21. Sand. 4 MATERIALS 50 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 22. Cement. § 23. Mortar. § 24. Concrete. § 25. Iron and steel. § 26. Timber. § 27. Tests of new materials. Sec. 20. Brick. — The brick used in all buildings shall be good, hard, well burnt brick. When old brick are used in any wall they shall be thoroughly cleaned before being used and shall be whole and good, hard, well burnt brick. § 21. Sand. — The sand used for mortar in all buildings shall be clean, sharp grit sand, free from loam or dirt, and shall not be finer than the standard samples kept in the office of the superintendent of buildings. § 22. Cement. — 1. Portland. Cements classed as Portland cement shall be considered to mean such cement as will, when tested neat, after 1 day set in air, be capable of sustaining without rupture a tensible strain of at least 120 pounds per square inch, and after 1 day in air and 6 days in water be capable of sustaining without rupture a tensible strain of at least 300 pounds per square inch. (E. C. §16.) 2. Other classes. Cements other than Portland cement shall be considered to mean such cement as will, when tested neat, after one day set in air, be capable of sustaining without rupture a tensible strain of at least 60 pounds per square inch, and after 1 day in air and 6 days in water be capable of sustaining without rupture a tensible strain of at least 120 pounds per square inch. 3. Tests. All tests of cements shall be made under the supervision of the superintendent of buildings, at such times as he may deter- mine, and a record of all cements answering the above requirements shall be kept for public information. § 23. Mortar. — 1. Cement. Cement mortar shall be made of cement and sand in the proportion of 1 part of cement and not more than 3 parts of sand, and shall be used immediately after being mixed. The cement and sand are to be measured and thoroughly mixed before adding water. The cement must be very finely ground and free from lumps. 2. Cement and lime. Cement and lime mortar mixed shall be made of 1 part of lime, 1 part of cement and not more than 3 parts of sand to each. 3. Lime. Lime mortar shall be made of 1 part of lime and not more than 4 parts of sand. All lime used for mortar shall be thor- oughly burnt, of good quality, and properly slaked before it is mixed with the sand. § 24. Concrete. — Concrete for foundations shall be made of at least 1 part of cement, 2 parts of sand and 5 parts of clean broken stone, of such size so as to pass in any way through a 2-inch ring, or good, clean gravel may be used in the same proportion as broken stone. The cement, sand and stone or gravel shall be measured and mixed as is prescribed for mortar. All concrete when in place shall be properly rammed and allowed to set, without being disturbed. § 25. Iron and steel. — 1. Cast iron. All cast iron shall be of good BUILDING CODE 51 foundry mixture, producing a clean, tough, gray iron. Sample bars, 5 feet long, 1 inch square, cast in sand moulds, placed on supports 4 feet 6 inches apart, shall bear a central load of 450 pounds before breaking. Castings shall be free of serious blow-holes, cinder spots and cold shuts. Ultimate tensile strength shall be not less than 16.000 pounds per square inch, when tested in small specimens. 2. Wrought iron. All wrought iron shall be uniform in character, fibrous, tough and ductile. It shall have an ultimate tensible resist- ance of not less than 48,000 pounds per square inch, an elastic limit of not less than 24,000 pounds per square inch, and an elongation of 20 per cent, in 8 inches, when tested in small specimens. 3. Cast steel. All cast steel shall be made of open hearth steel, containing .25 to .5 per cent, of carbon, not over .08 per cent, of phosphorus, and shall be practically free from blow-holes. 4. Structural steel. All structural steel shall have an ultimate tensible strength of from 54,000 pounds to 64,000 pounds per square inch. Its elastic limit shall be not less than 32,000 pounds per square inch and a minimum elongation of not less than 20 per cent, in 8 inches. Rivet steel shall have an ultimate strength of from 50.000 to 58,000 pounds per square inch. § 26. Timber. — All timbers and wood beams used in any building shall be of good sound material, free from rot, large and loose knots, shakes or any imperfection whereby the strength may be impaired, and be of such size and dimensions as the purposes for which the building is intended require. § 27. Tests of new materials. — New structural material of whatever nature shall be subjected to such tests to determine its character and quality, as the superintendent of buildings shall direct; the tests shall be made under his supervision, or he may direct the architect or owner to file with him a certified copy of the results of tests such as he may direct shall be made. ARTICLE 3 STRENGTH OF MATERIALS Sec. 50. General provisions. § 51. Columns and compression members. § 52. Safe loads for masonry work. § 53. Working stresses. § 54. Live loads. § 55. Floor loads of stores, factories and warehouses. § 56. Temporary supports. § 57. Wind pressure. Sec. 50. General provisions. — 1. Computations. The dimensions of each piece or combination of materials required shall be ascertained by computation, according to the rules prescribed by this chapter. 2. Factors of safety. — Where the unit stress for any material is not prescribed in this chapter the relation of allowable unit stress to 52 CODE OP" OUDINANCES OF THE CITY OF NEW YORK ultimate strength shall be as 1 to 4 for metals, subjected to tension or transverse stress; as 1 to 6 for timber, and as 1 to 10 for natural or artificial stones and brick or stone masonry. But wherever working stresses are prescribed in this chapter, varying the factors of safety hereinbefore given, the said working stresses shall be used. 3. Weights. In computing the weight of walls, a cubic foot of brickwork shall be deemed to weigh 115 pounds. Sandstone, white marble, granite and other kinds of building stone shall be deemed to weigh 170 pounds per cubic foot. § 51. Columns and compression members. — 1. Imposed loads. For the purpose of determining the carrying capacity of columns of dwellings, office buildings, stores, stables and public buildings when over 5 stories in height, a reduction of the live loads shall be per- missible as follows: For the roof and top floor the full live loads shall be used; for each succeeding lower floor it shall be permissible to reduce the live load by 5 per cent, until 50 per cent, of the live loads fixed by this section is reached, when such reduced loads shall be used for all remaining floors. 2. Unsupported lengths. Columns and compression members shall not be used having an unsupported length of greater ratios than given in the tables contained in this section. 3. Eccentric loads. Any column eccentrically loaded shall have the stresses caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the column, added to all other stresses at that part, shall in no case exceed the working stresses stated in this section. The eccentric load of a column shall be considered to be distri- buted equally over the entire area of that column at the next point below at which the column is securely braced laterally in the direc- tion of the eccentricity. 4. Working stresses. In columns or compression members with flat ends of cast iron, steel, wrought iron or wood, the stress per square inch shall not exceed that given in the following tables: When the Length Divided by Least Radius of Gyration Equals. 120 110 100 90 80 70 60 50 40 30 20 10 Working Stress Per Square Inch of Section. Wrought Cast Iron. Steel. Iron. 9,200 9,500 9,800 10,100 10,400 10,700 11,000 8,240 8,820 9,400 9,980 10,560 11,140 11,720 12,300 12,880 13,460 14,040 14,620 4.400 5.200 6,000 6,800 7,600 8.400 9.200 10,000 10,800 11,600 12,400 13,200 BUILDING CODE 63 And in like proportion for intermediate ratios. Working Stresses Per Square Inch of Section. When the Length Divided by the Long Leaf White Pine, Least Diameter Equals. Yellow Norway Pine, Oak. Pine. Spruce. 30 460 350 390 25 550 425 475 20 640 500 560 15 730 575 645 12 784 620 696 10 820 650 730 And in like proportion for intermediate ratios. Five-eighths the values given for white pine shall also apply to chestnut and hemlock posts. For locust posts use 1 Yi the value given for white pine. § 52. &aje loads for masonry work, — ^1. Brickwork. The safe- bearing load to apply to brickwork shall be taken at 8 tons per su- perficial foot, when hme mortar is used; llY tons per superficial foot when hme and cement mortar mixed is used, and 15 tons per superficial foot when cement mortar is used. 2. Concrete construction. The safe-bearing load to apply to con- crete when Portland cement is used shall be taken at 15 tons per superficial foot; and when cement other than Portland is used, 8 tons per superficial foot. 3. Ruhhle-stone work. The safe bearing load to apply to rubble- stone work shall be taken at 10 tons per superficial foot when Port- land cement is used; when cement other than Portland is used, 8 tons per superficial foot; when lime and cement mortar mixed is used, 7 tons per superficial foot; and when lime mortar is used, 5 tons per superficial foot. (BC., sec. 134, rev. from L. 1882, ch. 410, § 483, as amended.) See Pitcher v. Lennon, 12 App. Div. 356; Burke v. Ireland, 26 App. Div. 487. § 53. Working stresses . — The safe carrying capacity of the various materials of construction (except in the case of columns) shall be determined by the following working stresses in pounds per square inch of sectional area: 1. Compression {Direct) Rolled steel 16,000 Cast steel 16,000 Wrought iron 12,000 Cast iron (in short blocks) 16,000 Steel pins and rivets (bearing) 20,000 Wrought iron pins and rivets (bearing) 15,000 54 CODE OF ORDINANCES OF THE CITY OF NEW YORK With Grain. Across Grain. Oak 900 800 Yellow pine 1,000 600 White pine 800 400 Spruce 800 400 Locust 1,200 1,000 Hemlock 500 500 Chestnut 500 1,000 Concrete (Portland) cement, 1; sand, 2; stone, 4. . . 230 Concrete (Portland) cement, 1; sand, 2; stone, 5. . . 208 Concrete (Rosendale, or equal), cement, 1; sand, 2; stone, 4 125 Concrete (Rosendale, or equal), cement, 1; sand, 2; stone, 5 Ill Rubble stonework in Portland cement mortar 140 Rubble stonework in Rosedale cement mortar Ill Rubble stonework in lime and cement mortar 97 Rubble stonework in lime mortar 70 Brickwork in Portland cement mortar; cement, 1; sand, 3 250 Brickwork in Rosendale, or equal, cement mortar; cement, 1; sand, 3 208 Brickwork in lime and cement mortar; cement, 1; lime, 1 ; sand, 6 160 Brickwork in lime mortar; lime, 1; sand, 4 Ill Granites (according to test) 1,000 to 2,400 Greenwich stone 1,200 Gneiss (New York city) 1,300 Limestones (according to test) 700 to 2,300 Marbles (according to test) 600 to 1,200 Sandstones (according to test) 400 to 1,600 Bluestone, North river 2,000 Brick (Haverstraw, flatwise) 300 Slate ■ 1,000 2. Tension {Direct) Rolled steel 16,000 Cast steel 16,000 Wrought iron 12,000 Cast iron 3,000 Yellow pine 1,200 White pine 800 Spruce 800 Oak 1,000 Hemlock 600 3. Shear Steel web plates 9,000 vSteel shop rivets and pins 10,000 BUILDING CODE 55 Steel field rivets 8,000 Steel field bolts 7,000 Wrought iron web plates 6,000 Wrought iron shop rivets and pins 7,500 Wrought iron field rivets 6,000 Wrought iron field bolts 5,500 Cast iron 3,000 With Fibre. Across Fibre. Yellow pine 70 500 White pine 40 250 Spruce 50 320 Oak 100 600 Locust 100 720 Hemlock 40 275 Chestnut . . 150 4. Safe Extreme Fibre Stress {Bending) Rolled steel beams 16,000 Rolled steel pins, rivets and bolts 20,000 Riveted steel beams (net flange section) 14,000 Rolled wrought iron beams 12,000 Rolled wrought iron pins, rivets and bolts 15,000 Riveted wrought iron beams (net flange section) . . . 12,000 Cast iron, compression side 16,000 Cast iron, tension side 3,000 Yellow pine 1,200 White pine 800 Spruce 800 Oak 1,000 Locust 1,200 Hemlock 600 Chestnut 800 Granite 180 Greenwich stone • 150 Gneiss (New York City) 150 Limestone 150 Slate 400 Marble 120 Sandstone 100 Bluestone, North river 300 Concrete (Portland) cement, 1; sand, 2: stone, 4. . . 30 Concrete (Portland) cement, 1; sand, 2; stone, 5. . . 20 Concrete (Rosendale, or equal) cement, 1; sand, 2; stone, 4 16 Concrete (Rosendale, or equal) cement, 1; sand, 2; stone, 5 10 Brick, common 50 Brickwork (in cement) 30 5G CODE OF ORDINANCES OF THE CITY OF NEW YORK §54. Live loads. — 1. Generally. 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 is composed. 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 de- pending upon it for support, in addition to the weight required as before stated to be supported safely upon said portion of said floors. 2. Distribution. The weight placed on any of the floors of any building shall be safely distributed thereon. 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 where he deems it to be necessary. 3. Dwellings, apartment houses, tenement houses. In a building used as a dwelling house, apartment house, tenement house, hotel or lodging house, each floor shall be of sufficient strength in all its parts to bear safely upon every superficial foot of its surface not less than 60 pounds. 4. Office-buildings. In a building used for office purposes not less than 75 pounds upon every superficial foot above the first floor, and for the latter floor 150 pounds. 5. Ordinary mercantile or light manufacturing plants. In a building to be used for ordinary stores, light manufacturing and light storage, each floor shall be of sufficient strength in all its parts to bear safely not less than 120 pounds upon every superficial foot. The strength of factory floors intended to carry running machinery shall be in- creased above the minimum given in this section in proportion to the degree of vibratory impulse liable to be transmitted to the floor, as may be required by the superintendent of buildings. 6. Places of public assembly. In a building containing a place of public assembly, not less than 90 pounds upon every superficial foot. 7. Schools. In a building used as a school or place of instruction, not less than 75 pounds upon every superficial foot. 8. Stables and carriage houses. In a building used as a stable or carriage house, not less than 75 pounds upon every superficial foot. 9. Roofs. The roofs of all buildings having a pitch of less than twenty degrees shall be proportioned to bear safely 50 pounds upon every superficial foot of their surface, in addition to the weight of materials composing the same. If the pitch be more than 20 degrees the live load shall be assumed at 30 pounds upon every superficial foot measured on a horizontal plane. 10. Sidewalks. For sidewalks between the curb and area lines, the live load shall be taken at 300 pounds upon every superficial foot. § 55. Floor loads of stores, factories and warehouses. 1. Minimuin floor-strength. In a building to be used as a store, where heavy ma- terials are kept, or as a warehouse, factory, or for any other manu- facturing or commercial purpose, each floor shall be of sufficient strength in all its parts to bear safely not less than 150 pounds upon every superficial foot. 2. Capacity of floors to be ascertained and posted. 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 ordinance, but not at such time occupied for any of the aforesaid purposes, is occupied or used, in whole or in BUILDING CODE 57 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 the building to which it relates, as hereinafter provided. 3. Estimate of floor capacity. 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, or upon each varying part of such floor, shall be estimated by the owner or occupant, or by a competent person employed by the owner or occupant. Such estimate shall be reduced to writing, on printed forms furnished by the superintendent of buildings, stating the material, size, distance apart and span of beams and girders, posts or columns to support floors, and its correctness shall be sworn to by the person making the same, and it shall thereupon be filed in the office of the said superintendent. 4. Official revision of estimates. But 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 employees of the bureau 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 examination. Any expense necessarily incurred in removing any floor or other portion of any building for the purpose of making any examination herein provided for shall be paid by the comptroller, upon the requisition of the superintendent of buildings, out of the fund paid over to him under the provisions of § 639 of this chapter. Such expenses shall be a charge against the person or persons by whom or on whose behalf said estimate was made, provided such examination proves the floors of insufficient strength to carry with safety the loads found upon them when such examination was made; and shall be collected in an action to be brought by the corporation counsel against said person or persons, and the sum so collected shall be paid over to the comptroller to be deposited in said fund in reim- bursement of the amount paid as aforesaid. When the architect of record for any building has filed with his apphcation to build the data required to determine the strength of floors, on one of the blank forms provided for that purpose, such examination shall not be required provided that the purposes and uses of the building have not been changed. 5. Posting estimates of floor capacities. When the correct estimate of the weight that floors in any such buildings will safely sustain has been ascertained, as herein provided, the superintendent of buildings shall approve the same, and thereupon the owner or occupant of said building, or of any portion thereof, shall post a copy of such approved estimate in a conspicuous place on each story, or varying parts of each story, of the building to which it relates. 6. Overloading prohibited. 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. § 56. Temporary supports. — Every temporary support placed under any structure, wall, girder or beam, during the erection, finishing, alteration, or repairing of any building or structure or any 58 CODE OF OUDINANCES OP THE CITY OP NEW YORK part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. § 57. Wind pressure . — All structures exposed to wind shall be designed to resist a horizontal wind pressure of 30 pounds for every square foot of surface thus exposed, from the ground to the top of same, including roof, in any direction. In no case shall the over- turning moment due to wind pressure exceed 75 per centum of the moment of stability of the structure. In all structures exposed to wind, if the resisting moments of the ordinary materials of construc- tion, such as masonry, partitions, floors and connections are not sufficient to resist the moment of distortion due to wind pressure, taken in any direction on any part of the structure, additional bracing shall be introduced sufficient to make up the difference in the moments. In calculations for wind bracing, the working stresses set forth in this chapter may be increased by 50 per centum. In build- ings under 100 feet in height, provided the height does not exceed 4 times the average width of the base, the wind pressure may be disregarded. ARTICLE 4 CLASSIFICATION OF BUILDINGS Sec. 70. ARTICLE 5 RESTRICTED AREAS Sec. 90. Fire limits. § 91. Suburban hmits. § 92. Enlarging buildings. § 93. Repair of damaged buildings. § 94. Moving buildings. § 95. Buildings in process of construction. § 96. Frame buildings permitted. Sec. 90. Fire limits . — Except as otherwise specifically provided in this chapter, or as the same may be amended from time to time, no frame, wood or other combustible structure shall be hereafter built in the city within the following hmits hereinafter referred to as the fire limits and no person shall maintain, occupy or use any such structure erected in violation of any provision of this ordinance: 1. In the borough of Manhattan: Beginning at a point on the North river at the Battery, and running thence northerly along the pierhead line to a point 100 feet north of the northerly side of Dyckman street; thence running easterly 100 feet north of and parallel to the northerly side of Dyckman street to a point 100 feet west of the westerly side of Seaman avenue; thence running northerly 100 feet w^®^ parallel to the westerly side of Seaman avenue to a point 100 feet south of the southerly side of W. 215th st.; thence running easterly 100 feet south of and parallel to the southerly side of W. 215th st., to a point 100 feet west of the westerly side of Broadway; thence running northerly 100 feet west of and parallel to the westerly side of BUILDING CODE 50 Broadway to the bulkhead line of the Harlem ship canal; thence easterly and southerly along the bulkhead line of the Harlem ship canal and the Harlem river to the Bronx kills; thence easterly along the bulkhead line of the Bronx kills to the East river; thence southerly along the East River to the east of Randalls, Wards and Blackwells islands and along the pierhead hne of the East river to the North river, at the place of beginning. 2. In the borough of the Bronx: a. Beginning at a point on the eastern bullchead line of the Harlem river at the intersection with the centre line of Washington bridge to Aqueduct ave., thence running northerly along the centre line of Aqueduct ave. to Featherbed lane, thence running northeasterly along the centre line of Featherbed lane to Macombs road, thence running southerly along the centre line of Macombs road to 174th st., thence running easterly along the centre line of 174th st. to a point 100 feet west of the westerly side of Jerome ave., thence running northerly 100 feet west of and parallel to the westerly side of Jerome ave. to Woodlawn road, thence running southeasterly along the centre line of Woodlawn road to a point 100 feet east of the easterly side of Jerome ave., thence running southerly 1.00 feet east of and parallel to the easterly side of Jerome ave., to E. 174th st., thence running easterly along the centre line of E. 174th st. to a point 100 feet west of the westerly side of Webster ave., thence running northerly 100 feet west of and parallel to the westerly side of Webster ave. to a point 100 feet north of the north- erly side of Gun Hill road, thence running easterly 100 feet north of and parallel to the northerly side of Gun Hill road to a point 100 feet west of the westerly side of White Plains road, thence running westerly 100 feet south of and parallel to the southerly side of Gun Hill road to the westerly hne of the right of way of the New York and Harlem rail- road, thence running southerly along the westerly line of the right of way of the New York and Harlem railroad to a point 100 feet north of the northerly side of Fordham road, thence running easterly 100 feet north of and parallel to the northerly side of Fordham road to the westerly boundary of Bronx park, thence running southerly along the westerly boundary and easterly along the southerly boundary of Bronx park to the Bronx river, thence running southerly along the centre line of the Bronx river to a point 100 feet north of the north- erly side of Walker ave., thence running easterly 100 feet north of and parallel to the northerly side of Walker ave. to a point 100 feet west of the westerly side of Morris Park ave., thence running north- easterly 100 feet northwest of and parallel to the northwesterly side of Morris Park ave. to a point 100 feet west of the westerly side of White Plains road, thence running northerly 100 feet west of and parallel to the westerly side of White Plains road to the northerly boundary line of the city, thence running easterly along said bound- ary line to a point 100 feet east of the easterly side of White Plains road, thence running southerly 100 feet east of and parallel to the easterly side of White Plains road to a point 100 feet south of the southerly side of Morris Park ave., thence running southwesterly 100 feet southeast of and parallel to the southeasterly side of Morris Park ave. to a point 100 feet south of the southerly side of Walker ave., thence running westerly 100 feet south of and parallel to the southerly side of Walker ave. to the Bronx river, thence running t)0 CODE OF ORDINANCES OP THE CITY OF NEW YORK southerly along the centre hne of the Bronx river to a point 100 feet north of the northerly side of Westchester ave., thence running easterly 100 feet north of and parallel to the northerly side of West- chester ave. to the Eastern boulevard, thence running southerly across Westchester ave. to a point 100 feet south of the southerly side of Westchester ave., thence running westerly 100 feet south of and parallel to the southerly side of Westchester ave. to the Bronx river, thence running southerly along the centre line of the Bronx river to the East river, thence running southeasterly along the East river, northwesterly along the Bronx kills and northerly along the Harlem river to the point of beginning; b. Also, beginning at a point on the boundary hne between the boroughs of The Bronx and Manhattan in the bed of the old Spuyten Duyvil creek 100 feet west of the westerly side of Broadway, thence running northerly 100 feet west of and parallel to the westerly side of Broadway to the city hne, thence running easterly along the city hne to the east side of Broadway, thence running southerly along the easterly side of Broadway to the northerly side of Van Cortlandt park south, thence running easterly to a point 100 feet east of the easterly side of Broadway, thence running southerly 100 feet east of and parallel to the easterly side of Broadway to the boundary hne between the boroughs of The Bronx and Manhattan, thence running westerly along said boundary hne to the point of beginning. 3. In the borough of Brooklyn: a. Beginning at the junction of Newtown creek with the East river, thence running along Newtown creek and the borough line between Brooklyn and Queens to Chaun- cey st., thence running southwesterly along the centre hne of Chaun- cey st. to Central ave., thence running southeasterly along the centre line of Central ave. to the boundary hne of Evergreen cem- etery, thence running southerly along the boundary hne of Ever- green cemetery to Highland boulevard, thence running northeasterly along the centre line of Highland boulevard to Highland park, thence running southerly along the boundary hne of Highland park to Ja- maica ave., thence running easterly along the northerly side of Jamaica ave. to the borough line between Brooklyn and Queens, thence running southerly along said borough hne to a point 100 feet south of the southerly side of Jamaica ave., thence running westerly 100 feet south of and parallel to the southerly side of Ja- maica ave. to a point 100 feet east of the easterly side of Norwood ave., thence running southerly 100 feet east of and parallel to the easterly side of Norwood ave. to Atlantic ave., thence running easterly along the centre hne of Atlantic ave., to a point 100 feet east of the easterly side of MiKord st., thence running southerly 100 feet east of and parallel to the easterly side of Milford st. to a point 100 feet south of the southerly side of New Lots ave., thence running westerly 100 feet south of and parallel to the southerly side of New Lots ave. to a point 100 feet south of the southerly side of Riverdale ave., thence running westerly 100 feet south of and parallel to the southerly side of Riverdale ave. to a point 100 feet west of the west- erly side of E. 98th st., thence running northwesterly 100 feet west of and parallel to the westerly side of E. 98th st. to a point 100 feet south of the southerly side of Clarkson ave., thence running westerly 100 feet south of and parallel to the southerly side of Clarkson ave. BUILDING CODE 61 across Remsen ave. and continuing 100 feet south of and parallel to the southerly side of Clarkson ave. to a point 100 feet east of the easterly side of Flatbush ave., thence running southerly 100 feet east of and parallel to the easterly side of Flatbush ave. to a point opposite the junction of Kings highway with Flatbush ave., thence running westerly across Flatbush ave. to a point 100 feet west of the westerly side of Flatbush ave., thence running northerly 100 feet west of and parallel to the westerly side of Flatbush ave. to a point 100 feet south of the southerly side of Church ave., thence running westerly 100 feet south of and parallel to the southerly side of Church ave. to a point 100 feet southeast of the southeasterly side of 14th ave., thence running southwesterly 100 feet southeast of and parallel to the southeasterly side of 14th ave. to a point 100 feet southwest of the southwesterly side of 60th st., thence running northwesterly 100 feet southwest of and parallel to the southwest side of 60th st. to New York bay, thence running northerly along the pierhead line of New York bay, Gowanus bay. Buttermilk chan- nel and the East river to the point of beginning; b. Beginning at a point at the intersection of the Atlantic Ocean and W. 5th st., thence running northerly along the centre line of W. 5th st. to a point 100 feet north of the northerly side of Surf ave., thence running westerly 100 feet north of and parallel to the north- erly side of Surf. ave. to W. 8th st., thence running westerly along the southerly side of the right of way of the Norton’s Point railroad to W. 37th st., provided that at no point along said right of way shall these limits be taken at a distance less than 100 feet north of the northerly side of Surf ave., thence running southerly along the centre line of W. 37th st. to the Atlantic Ocean, thence running easterly along the shore line to the point of beginning; 4. In the borough of Queens, a. Beginning at a point in the bulk- head line of the East River at its intersection with the centre line of Winthrop ave., thence running southeasterly along the centre line of Winthrop ave. to a point 100 feet southeast of the southeasterly side of Stein way ave., thence running southwesterly 100 feet southeast of and parallel to the southeasterly side of Stein way ave. to a point 100 feet north of the northerly side of Astoria ave., thence running easterly 100 feet north of and parallel to the northerly side of Astoria ave. to the Old Bowery bay road, thence running southerly along the centre line of the Old Bowery bay road to Woodside ave., thence running southerly along the centre line of Woodside ave. to Middle- burg ave., thence running westerly along the centre line of Middle- burg ave. to Dickson st., thence running southerly along the centre line of Dickson st. to a point 100 feet south of the southerly side of Greenpoint ave., thence running westerly 100 feet south of and parallel to the southerly side of Greenpoint ave. to Borden ave., thence running easterly along the centre line of Borden ave. to a point 100 feet east of the easterly side of Clifton ave., thence running southerly 100 feet east of and parallel to the easterly side of Clifton ave. to Newtown Creek, thence along Newtown creek to the East river, thence running northerly along the bulkhead line of the East river to the place of beginning; b. Beginning at a point on the borough line between Queens and Brooklyn intersected by a line distant 100 feet north of and parallel 02 CODE OF ORDINANCES OF THE CITY OF NEW YORK to the northerly side of Metropolitan ave., thence running easterly 100 feet north of and parallel to the northerly side of Metropolitan ave. to a point 100 feet east of the easterly side of Fresh Pond road, thence running southerly 100 feet east of and parallel to the easterly side of Fresh Pond road to Myrtle ave., thence running southerly along the Long Island railroad to the borough line between Queens and Brooklyn, thence running northwesterly along said Borough line to the point of beginning; c. Beginning at a point on the borough line between Queens and Brooklyn 100 feet north of the northerly side of Jamaica ave., thence running easterly 100 feet north of and parallel to the northerly side of Jamaica ave., to Bren ton ave., thence running southerly across Jamaica ave. to a point 100 feet south of the southerly side thereof, thence running westerly 100 feet south of and parallel to the southerly side of Jamaica ave. to a point 100 feet east of the easterly side of Roseville ave., thence running southerly 100 feet east of and parallel to the easterly side of Roseville ave. to Mandsley st., thence running westerly across Roseville ave. to a point 100 feet west of the westerly side thereof, thence running northerly 100 feet west of and parallel to the westerly side of Roseville ave. to a point 100 feet south of the southerly side of Jamaica ave., thence running westerly 100 feet south of and parallel to the southerly side of Jamaica avenue to the boundary line between the boroughs of Queens and Brooklyn, thence running northerly along said boundary line to the place of beginning; d. Beginning at a point on the centre line of Madison street. Flushing, 100 feet west of the westerly side of Main street, thence running northerly 100 feet west of and parallel to the westerly side of Main street to Jackson ave., thence running easterly along the centre line of Jackson ave. to a point 100 feet east of the easterly side of Main street, thence running southerly 100 feet east of and parallel to the easterly side of Main street to Madison street, thence running westerly along the centre line of Madison street to the point of beginning. The erection of a frame dwelling in a manner forbidden by the ordinance, does not give private citizen right to an injunction unless special injury to him be shown. Young V. Scheu, 56 Hun. 307. Wooden building created vested right, which can- not be revoked by ordinance. City of Buffalo v. Chodeoyne, 45 St. Rep. 765. § 91. Suburban limits . — Except as otherwise specifically provided in this chapter, no frame or wood structure shall be built hereafter within the following areas or limits hereinafter referred to as “Subur- ban Limits,’^ and it shall be unlawful to maintain, occupy or use any such structure erected in violation of any of the provisions of this ordinance, provided, however, that nothing herein contained shall prevent the erection, maintenance or occupancy of any frame building to be used exclusively for residence purposes with not more than 15 sleeping rooms and covering not more than 85 per cent, of the width of the lot or plot on which it is erected, and maintaining on at least one side an open space or open spaces as may be neces- sary to preserve such restriction, or of any one-story frame stable or garage not exceeding 600 square feet in area or 15 feet in height and erected on the same plot with a one or two-family building and maintained on all sides at least 4 feet from any lot line. BUILDING CODE 63 1. In the borough of Marihattan, all that portion of the borough not included in the fire limits. 2. In the borough of The Bronx, all that portion of the borough lying between the fire limits and the following boundaries: Beginning at the Hudson river and running easterly along the boundary line between the borough of The Bronx and Westchester county to a point 100 feet east of the easterly side of Barnes avenue, thence southerly 100 feet east of and parallel to the easterly side of Barnes avenue to a point 100 feet east of the easterly side of Bronx- wood avenue, continuing southerly 100 feet east of and parallel to the easterly side of Bronxwood avenue to a point 100 feet south of the southerly side of Adee avenue, thence easterly 100 feet south of and parallel to the southerly side of Adee ave. to a point 100 feet east of the easterly line of Laconia ave., thence southerly 100 feet east of and parallel to the easterly side of Laconia ave. to a point 100 feet south of the southerly side of Waring avenue, thence easterly 100 feet south of and parallel to the southerly side of Waring avenue to the centre of Givan’s basin, thence southeasterly and easterly along the centre hne of Givan’s basin to Eastchester creek, thence southeasterly and southerly through Eastchester creek and East- chester bay to a line 100 feet south of and parallel with the southerly side of Waterbury ave., thence westerly along a line running 100 feet south of and parallel to the southerly side of Waterbury ave. to West- chester creek, thence southerly along the centre hne of Westchester creek to a point 100 feet south of the southerly side of Lafayette avenue, thence westerly 100 feet south of and parallel to the southerly side of Lafayette avenue to a point 100 feet west of the westerly side of White Plains road, thence northerly 100 feet west of and parallel to the westerly side of White Plains road to a point 100 feet south of the southerly side of Watson avenue, thence westerly 100 feet south of and parallel to the southerly side of Watson avenue to the Bronx river. 3. In the borough of Brooklyn, all that portion of the borough lying between the fire limits and the following boundaries: Beginning at the Atlantic Ocean on a hne 100 feet east of and parallel to the easterly side of Ocean parkway, running thence northerly 100 feet east of and parallel to the easterly side of Ocean parkway, to a point 100 feet south of the southerly side of Neptune ave.; thence easterly 100 feet south of and parallel to the southerly side of Neptune avenue, to a point 100 feet east of the easterly side of Coney Island avenue; thence southerly 100 feet east of and parallel to the easterly side of Coney Island avenue, to the Atlantic Ocean; thence easterly along the line up to the Atlantic Ocean to a point 100 feet east of the east- erly side of Thornhill street (Manhattan Beach Estates), running thence northerly 100 feet east of and parallel to the easterly side of Thornhill street, continuing across Sheepshead bay till it intersects with a hne drawn 100 feet north of and parallel to the northerly side of Emmons avenue, thence westerly 100 feet north of and par- allel to the northerly side of Emmons avenue to a point 100 feet east of the easterly side of Batchelder street, thence northerly 100 feet east of and parallel to the easterly side of Batchelder street to a point 100 feet north of the northerly side of Avenue Z, thence westerly 100 feet north of and parallel to the northerly side of Av- 64 CODE OF ORDINANCES OF THE CITY OF NEW YORK enue Z to a point 100 feet east of the easterly side of Ocean avenue; thence northerly 100 feet east of and parallel to the easterly side of Ocean avenue to a point 100 feet south of the southerly side of Avenue U, thence easterly 100 feet south of and parallel to the southerly side of Avenue U to a point 100 feet east of the easterly side of Nostrand avenue, thence northerly 100 feet east of and par- rallel to the easterly side of Nostrand avenue to a point 100 feet south of the southerly side of Avenue N, thence easterly 100 feet south of and parallel to the southerly side of Avenue N, to a point 100 feet west of the westerly side of East 35th street, thence south- easterly 100 feet southwest of and parallel to the southwesterly side of E. fcth street to a point 100 feet southeast of the southeasterly side of Flatlands ave., thence northeasterly 100 feet southeast of and parallel to the southeasterly side of Flatlands ave. to a point 100 feet east of the easterly side of Schenectady avenue, thence northerly 100 feet east of and parallel to the easterly side of Schenectady avenue to a point 100 feet south of the southerly side of Clarendon road, thence easterly 100 feet south of and parallel to the southerly side of Clarendon road to a point 100 feet southeast of the south- easterly side of Ditmas avenue, thence northeasterly 100 feet south- east of and parallel to the southeasterly side of Ditmas avenue to a point 100 feet northeast of the northeasterly side of East 98th Street, thence northwesterly 100 feet northeast of and parallel to the north- easterly side of East 98th street to a point 100 feet south of the southerly side of Vienna ave., thence easterly 100 feet south of and parallel to the southerly side of Vienna avenue to a point 100 feet east of the easterly side of Fountain avenue, thence northerly 100 feet east of and parallel to the easterly side of Fountain avenue to a point 100 feet south of the southerly side of Sutter avenue, thence easterly 100 feet south of and parallel to the southerly side of Sutter avenue to the boundary line of Queens borough. § 92. Enlarging buildings . — Except as otherwise specifically pro- vided in this chapter, or as the same shall be amended from time to time, no existing frame, wood or other combustible structure shall be enlarged within the fire limits, or suburban limits, except in con- formity with the provisions of this chapter with respect to new structures. §93. Repair of damaged buildings. — 1. When prohibited. Within the fire limits any existing frame, wood, or other combustible struc- tures which, in the judgment of the superintendent of buildings of the borough, may be damaged from any cause whatsoever to an amount greater than one-half of the value thereof exclusive of the foundations or may be in need of structural repairs to an amount greater than one-half of its value exclusive of the foundations, shall not be repaired or rebuilt, but shall be taken down. 2. Surveys. In case the owner or owners of the structure which may be damaged or in need of repairs shall be dissatisfied with the decision of the superintendent of buildings as to the extent of such damage or need of repairs, then the amount or extent of such damage or required repairs shall be determined by competent sur- veyors, one appointed by the superintendent of buildings, one by the owner or owners of the structure and, in case these two do not agree, one selected by them jointly. The report of the surveyors BUILDING CODE 65 shall be reduced to writing and, when signed by any two of them, shall be conclusive. No building the subject of survey shall be in any manner repaired, altered or rebuilt until after the decision of the surveyors shall have been rendered. § 94. Moving buildings. — No frame, wood or other combustible structure shall be moved from without to within the fire limits, nor from one lot to another within the fire limits, except that when condemnation proceedings have been held and the property has been acquired by the city previous to the enactment of this ordinance, frame buildings located on such property may be moved to any vacant lot within the fire limits, provided such buildings shall be so moved before July 1st, 1915. § 95. Buildings in 'process of construction. — Nothing herein con- tained shall prevent the erection or completion of a frame structure for which a permit has been lawfully issued at the time this ordinance shall take effect within such portions of the fire limits as were not heretofore included within the fire limits of the city; provided the work thereon shall be diligently prosecuted so that the structure shall be completed within 15 months after the passage of this ordi- nance. In case any such structure shall not be completed within the said period the holder of the permit therefor shall be deemed to have forfeited all rights and privileges thereunder and the uncompleted building or structure shall be taken down and removed within 60 days after the date of the forfeiture of such permit. § 96. Frame buildings permitted. — If any block situated within the fire limits has 90 per cent, of the buildings erected thereon con- structed of frame, any vacant lot situated therein may have a frame building placed or constructed thereon, provided the same be not more than 2 stories and basement in height and is to be used for residence purposes only. ARTICLE 6 HEIGHT, SIZE AND ARRANGEMENT Sec. 110. ARTICLE 7 LIGHT AND VENTILATION Sec. 130. ARTICLE 8 EXIT FACILITIES Sec. 150. Stairways. § 151. Basement entrance. § 152. Fire escapes. § 153. Exit to roof. § 154. Manhole ladders from boiler rooms. Sec. 150. Stairways. — 1. Number requisite. In any building here- after erected to be used as a store, factory, hotel or lodging house, 5 66 CODE OF OllDlNANCES OF THE CITY OF NEW YORK covering a lot area exceeding 2,500 feet and not exceeding 5,000 feet, there shall be provided at least 2 continuous lines of stairs remote from each other, and every such building shall have at least one continuous line of stairs for each 5,000 feet of lot area covered, or part thereof, in excess of that required for 5,000 feet of area. When any such building covers an area of lot greater than 15,000 feet the number of stairs shall be increased proportionately, or as will meet with the approval of the superintendent of buildings. 2. Support of treads. In all buildings hereafter erected more than 7 stories in height, where the treads and landings of iron stairs are of slate, marble or other stone, they shall each be supported directly underneath, for their entire length and width, by an iron plate made solid or having openings not exceeding 4 inches square in same, of adequate strength and securely fastened to the strings. In case such supporting plates be made solid, the treads may be of oak, not less than one and inches thick. § 151. Basement entrances. — Every dwelling house arranged for or occupied by 2 or more famihes above the first story, hereafter erected, shall be provided with an entrance to the basement thereof from the outside of such building. § 152. Fire escapes. — 1. Buildings on which required. Every dwelling-house occupied by or built to be occupied by 3 or more families, and every building already erected, or that may hereafter be erected, more than 3 stories in height, occupied and used as a hotel or lodging-house, and every boarding-house having more than 15 sleeping rooms above the basement story, and every factory, mill, manufactory or workshop, hospital, asylum or institution for the care or treatment of individuals, and every building 3 stories and over in height used or occupied as a store or workroom, 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-escape, stairways or other means of e^ess in case of fire as shall be directed by the superintendent of buildings having jurisdiction; and said superintendent 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. 2. Incumbering fire-escapes. No person shall at any time place any incumbrance of any kind whatsoever before or upon any fire-escape, balcony or ladder. 3. Notice against incumbrances. In constructing all balcony fire- escapes the manufacturer thereof shall securely fasten thereto, in a conspicuous place, a 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 $10 and im- prisonment for 10 days.^^ 4. Duty of firemen and policemen. Any fireman and policeman who shall discover any fire-escape, balcony or ladder of any fire-escape incumbered in any way shall forthwith report the same to the com- manding officer of his company or precinct, who shall forthwith cause the occupant of the premises or apartment to which said firc^ BUILDING CODE G7 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. 5. Punishment for violations. If said notice shall not be complied with by the removal forthwith of such incumbrance, and keeping said fire-escape, balcony or ladder free from incumbrance, then the said commanding officers shall apply to the nearest police magistrate for a warrant for the arrest of the occupant of the said premises or apart- ments of which the fire-escape forms a part, and he shall be brought before the said magistrate, as for a misdemeanor; and, on conviction, the said occupant shall be fined not more than $10 for each offense, or may be imprisoned not to exceed 10 days, or both, in the discretion of the court. § 153. Exit to roof. — 1. Interior ladders. All buildings requiring fire-escapes shall have stationary iron ladders leading to the scuttle opening in the roof thereof. If a bulkhead is used in place of a scuttle it shall have stairs with sufficient guard or hand-rail leading to the roof. 2. To he always available. All scuttles and ladders shall be kept so as to be ready for use at all times. 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. § 154. Manhole ladders from boiler-rooms. — Every building in which boilers or machinery are placed in the cellar or lowest story shall have stationary iron ladders or stairs from such story leading direct to a manhole above on the sidewalk, or other outside exit. ARTICLE 9 PROJECTIONS BEYOND BUILDING LINE Sec. 170. ARTICLE 10 SAFEGUARDS DURING CONSTRUCTION Sec. 190. Sidewalk sheds. § 191. Scaffolding. § 192. Inclosure of windows. § 193. Roofs and skylights of adjoining buildings. § 194. Enforcement of article. § 190. Sidewalk sheds. — Whenever buildings shall be erected or increased to over 65 feet in height, upon or along any street, the owner, builder or contractor constructing or repairing such buildings shall have erected and maintained during such construction or repair a shed over the sidewalk in front of said premises, extending from building line to curb, the same to be properly, strongly and tightly constructed, so as to protect pedestrians and others using such streets. § 191. Scaffolding. — Whenever outside scaffolds are required to (>8 CODE OF ORDINANCES OF THE CITY OF NEW YORK carry on the construction of buildings over 85 feet in height, whether the same be constructed by poles or thrust-out scaffold, there shall be erected on its outer edge and ends an inclosure of wire netting of not over 2-inch mesh, or of boards not less than % of an inch thick, placed not over 13 ^ inches apart, well secured to uprights not less than 2 inches by 4 inches, fastened to planks or timbers, and resting on put logs or thrust outs. The said inclosure shall be carried up at least 5 feet in advance above the level on which the workmen employed on said front are working. The said thrust outs shall be not less than 3 by 10, of spruce or yellow pine, and to be doubled or tripled, as may be required for the load to be carried, and to be thoroughly braced and secured; or said timbers can be in one stick, if proportioned to the load. The flooring on thrust outs and put logs shall be tightly constructed with plank. This said floor and inclosure shall not be removed until a like floor and inclosure is already prepared and in position on the story above. § 192. Inclosure of windows. — In all buildings over 85 feet in height, during construction or alteration, the windows on each floor above the second shall be properly inclosed as soon as the story is built. § 193. Roofs and, skylights of adjoining buildings. — If the walls of such buildings are carried upon 2 stories or more above the roofs of adjoining buildings, proper means shall be provided and used for the protection of skylights and roofs of such adjoining buildings. The protection over skylights shall be of stout wire netting not over %-inch mesh, on stout timbers, and properly secured. Should said adjoining owner, tenant or lessee refuse to grant permission to have said roofs and skylights so protected, such refusal by said owner, tenant or lessee shall relieve the owner of the building in course of construction from any responsibility for damage done to persons or property on or within the premises affected. § 194. Enforcement of article. — All sheds and inclosures required by the provisions of this article shall be subject to the inspection of the bureau of buildings. In case any necessary inclosure or pro- tection shall not be erected, as prescribed by this section, the super- intendent of buildings shall cause a notice to be served personally upon the owner, or his authorized agent, constructing or repairing such buildings, or the owner, tenant or lessee of adjoining premises, requiring the provision of such inclosure or protection, specifying the manner in which same shall be erected. If such in closure or protection is not erected, strengthened or modified as provided in such notice, within 3 days after the service thereof, the said super- intendent shall have full power and authority to cause the same to be so erected and the skylights to be protected as herein provided. All expenses connected with same may become a lien on the prop- erty in interest so inclosed and protected, which lien may be created and enforced in the same manner as now provided for in § 652 of this chapter. ARTICLE 11 PARTITION FENCES AND WALLS Sec. 210. Construction and maintenance of fences. § 211. Retaining walls. F3UILDING CODE 69 § 212. Regulation of lots. § 213. Neglect to maintain. § 214. Disputes. § 215. Enforcement. § 210. Construction and maintenance of fences. — All partition fences, unless erected under some special agreement, shall be so built that the dividing line between the properties shall run through the centre of such fence in each case, and they shall be built and maintained at the joint expense of the owners of the land on each side. § 211. Retaining walls. — 1. To conform to street regulation. When the regulation of a lot, in conformity with the street or streets on which it is situated, shall require the ground on such lot to be raised and kept higher than the ground of the adjoining lot or lots (pro- vided the ground of such adjoining lot or lots is not maintained at a grade lower than in conformity with the street or streets on which they are situated) and a retaining wall for supporting the same shall be necessary, such retaining wall shall be made and maintained jointly by the owners of the land on each side and shall stand one-half upon the land of each owner; but, if the owner of the lot or lots having the lower grade shall bear and discharge the entire cost and expense of the making, such retaining wall shall be built entirely upon the lot having the higher grade and shall thereafter be maintained jointly by the owners of the land on both sides thereof. 2. To support adjoining earth. — Where an excavation has been made or a fill placed on any lot, but, as the case may be, not below or above the legal grade in conformity with the street on which that lot fronts, and the land adjoining it has no building or permanent structure thereon, other than frame sheds or structures of like char- acter, and where a retaining wall shall be necessary to support the adjoining earth, such . retaining wall shall stand one-half upon the lot of each owner and shall be made and maintained jointly by the owners of the land on each side; provided, that, if the owner of the lot having the lower grade shall bear and discharge the entire cost and expense of the making, such retaining wall shall be built en- tirely upon the lot having the higher grade and shall thereafter be maintained jointly by the owners of the land on both sides thereof. 3. Surplus wall. Where any owner shall insist on maintaining his ground either higher or lower than the legal regulation as herein- after provided, except in a case herein otherwise specifically pro- vided for, the surplus retaining wall, which may be necessary to support such height or provide for such excavation, shall be made and maintained at the sole expense of such owner. 4. Construction. All retaining walls, required under this section shall be constructed in accordance with the provisions of this chapter. 5. Removal. Any retaining wall erected or provided under this section, standing partly on the land of each owner, may be removed by either owner when the necessity for such retaining wall no longer exists. § 212. Regulation of lots. — The regulation of lots, in conformity with the street or streets on which they are situated, shall be cal- culated at an ascent of 2 inches in every 10 feet, measured from the 70 CODE OF ORDINANCES OF THE CITY OF NEW YORK curb in a direction at right angles or normal thereto; provided that, in the case of a lot having more than one street frontage, when so situated that the street frontages intersect, the curb along the longest street frontage shall be used, and, when so situated that the street frontages do not intersect, the curb along each frontage shall be used to one-half the depth of the lot between street frontages. A lot, as referred to in this section, shall be deemed and construed to mean a parcel of land not over 25 feet by 100 feet, in one ownership, whether adjacent land be in the same ownership or not; but, for the purpose hereof, no land in the same ownership may be divided into lots smaller than 25 feet by 100 feet. § 213. Neglect to maintain . — If any person, whose duty it may be to jointly make or repair any partition fence or retaining wall or any part thereof, in pursuance of the provisions of this article, shall neg- lect so to do, or to join in so doing, for 6 days, after being requested, in writing, by the owner or owners of the adjoining ground, the owner of such adjoining ground may make or repair such partition fence or retaining wall, or cause the same to be done, and may recover from such person such share of the expense of making or repairing so much thereof as is necessarily made or repaired by him, with costs, in any court having jurisdiction. § 214. Disputes . — In case of any dispute between parties, as to what part or portion of the expense shall be borne and discharged by either of them, for building or maintaining any partition fence or wall, and in all cases of dispute concerning the sufficiency of any fence or wall, the controversy shall be determined by the superin- tendent of buildings of the borough in which the fence or wall may be situated. § 215. Enforcement . — The superintendent of buildings in each borough may, in order to effect the purposes of this article, notify in writing any owner of any requirement under any provision thereof. Any person who shall fail to proceed, within 10 days, in accordance with such notice, or to comply therewith, within such reasonable time thereafter as shall be allowed or permitted by the superintend- ent of buildings, shall be liable to a penalty of not less than $10, nor more than $50, and, in addition, he shall be liable to a further penalty of $1 for each and every day that his default shall continue, after due notice thereof. ARTICLE 12 EXCAVATIONS AND FOUNDATIONS Sec. 230. Excavations. § 231. Soil, bearing capacity. § 232. Foundations, generally. § 233. Pile foundations. § 234. Foundation walls. § 235. Isolated piers. § 236. Grillage beams. § 237. Pressure under footings. BUILDING CODE 71 Sec. 230. Excavations. — 1. Safeguarding generally. All excava- tions for buildings shall be properly guarded and protected so as to C revent the same from becoming dangerous to hfe or limb and shall e sheath-piled where necessary to prevent the adjoining earth from caving in, by the person or persons causing the excavations to be made. 2. Retaining wall. When an excavation is made on any lot, the person making the same or causing it to be made shall build, at his or their own cost and expense, a retaining wall to support the adjoining earth; and such retaining wall shall be carried to the height of the adjoining earth, and be properly protected by coping. The thickness of a retaining wall at its base shall be in no case less than one-fourth of its height. 3. Support of adjoining walls. 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 10 feet below the 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 upon the adjoining land, and not otherwise, at his or their own expense, preserve any adjoining or contiguous wall or walls, structure or structures from injury, and support the same by proper foundations, so that the said wall or walls, structure or structures shall be and remain practically as safe as before such excavation was commenced, whether the said adjoin- ing or contiguous wall or walls, structure or structures are down more or less than 10 feet below the curb. If the necessary license is not accorded to the person or persons making such excavation, then it shall be the duty of the owner refusing to grant such license to make the adjoining or contiguous wall or walls, structure or structures safe, and support the same by proper foundations so that adjoining excavations may be made and shall be permitted to enter upon the premises where such excavations may be made for that purpose, when necessary. If such excavation shall not be intended to be, or shall not be, carried to a depth of more than 10 feet below the curb, the owner or owners of such adjoining or contiguous wall or walls, struc- ture or structures shall preserve the same from injury, and so support the same by proper foundations that it or they shall be and remain 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. Where a party is excavating next to a building it is incumbent upon him to re- quest permission to enter upon the adjoining property to support the adjoining wall, and the adjoining owner will not lose the benefit of the statute because he did not tender such license. Dorrity v. Rapp, 72 N. Y. 307. And the builder must protect the adjoining building not only during such excavating, but have the ad- joining wall as stable after as before excavating. Bernheimer v. Kilpatrick, 53 Hun, 316; 6 N. Y. Supp. 858. But to impose such obligation on the builder the adjoining owner must grant a proper license. Sherwood v. Seaman, 2 Bosw. 127. And where such license has been given the builder will have a reasonable time to finish the wall, although the license may be revoked by the adjoining owner. Ketchum v. Newmann, 116 N. Y. 422. But the provision requiring an owner ex- cavating below ten feet to protect his neighbor’s wall does not apply to one excavat- ing in a street under a contract with the municipal authorities. Jencks v. Kenny, 19 N. Y. Supp. 243; 28 Abb. N. C. 154. See also Cohen v. Simmons, 21 N. Y. Supp. 385, app. 142 N. Y. 671; McKenzie V. Hatton, 141 N. Y. 8; Blanchard v. Savarese, 97 App. Div. 58; New York Steam Co. V. Foundation Co., 123 App. Div. 254; Foster v. Zampieri, 140 App. Div. 471. 72 CODE OP ORDINANCES OP THE CITY OF NEW YORK Where an excavation is only carried 9 ft. the defendant must still pay for cost of protecting adjoining building as the intention was to go 10 ft. or more. Wear v. Koehler, App. Term Sup. Ct. N. Y. Law Journal, Dec. 29, 1914. 4. Support of party wall. In case an adjoining party wall is in- tended to be used by the person 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. 5. Superintendent of buildings may act. If the person whose duty it shall be to preserve or protect any wall or walls, structure or structures from injury shall neglect or fail so to do after having had a notice of 24 hours from the superintendent of buildings, such superin- tendent 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 a superintendent of buildings, 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 em- ployed to do the said work by the said person or persons. §231. Soilj hearing capacity. — 1. Indicative statement required. Plans filed in a bureau of buildings shall be accompanied by a state- ment of the character of the soil at the level of the footings. 2. Presumptive capacities. Where no test of the sustaining power of the soil is made, different soils, excluding mud, at the bottom of the footings, shall be deemed to safely sustain the following loads to the superficial foot, namely: Soft clay, 1 ton per square foot; ordinary clay and sand together, in layers, wet and springy, 2 tons per square foot; loam, clay or fine sand, firm and dry, 3 tons per square foot; very firm, coarse sand, stiff gravel or hard clay, 4 tons per square foot, or as otherwise determined by the superintendent of buildings. 3. Tests may he required. Where a test is made of the sustaining power of the soil the superintendent of buildings shall be notified, so that he may be present in person or by representative. The record of the test shall be filed in the bureau of buildings. When a doubt arises as to the safe sustaining power of the earth upon which a building is to be erected the superintendent of buildings may order borings to be made, or direct the sustaining power of the soil to be tested by and at the expense of the owner of the proposed building. § 232. Foundations f generally. — 1. Constructing. Every building, except building erected upon solid rock or buildings erected upon wharves and piers on the water front, shall have foundations of brick, stone, iron, steel or concrete laid not less than four feet below the surface of the earth, on the solid ground or level surface of rock, or upon piles or ranging timbers when solid earth or rock is not found. BUILDING CODE 73 2. Restrictions as to loads. When foundations are carried down through earth by piers of stone, brick or concrete in caissons, the loads on same shall be not more than 15 tons to the square foot when carried down to rock; 10 tons to the square foot when carried down to firm gravel or hard clay; 8 tons to the square foot in open caissons or sheet pile trenches when carried down to rock. 3. Protection of metal work. Where metal is incorporated in or forms part of a foundation, it shall be thoroughly protected from rust by paint, asphaltum, concrete, or by such materials and in such manner as may be approved by the superintendent of buildings. When footings of iron or steel for columns are placed below the water level, they shall be similarly coated, or inclosed in concrete, for preservation against rust. § 233. Pile foundations. 1. General requirements. — Piles intended to sustain a wall, pier or post shall be spaced not more than thirty- six or less than twenty inches on centers, and they shall be driven to a solid bearing, if practicable to do so, and the number of such piles shall be sufficient to support the superstructure proposed. No pile shall be used of less dimensions than 5 inches at the small end and ten inches at the butt for short piles, or piles 20 feet or less in length, and 12 inches at the butt for long piles, or piles more than 20 feet in length. No pile shall be weighted with a load exceeding 40,000 pounds. When a pile is not driven to refusal, its safe sus- taining power shall be determined by the following formula: Twice the weight of the hammer in tons multiplied by the height of the fall in feet divided by least penetration of pile under the last blow in inches plus one. The superintendent of buildings shall be notified of the time when such test piles will be driven, that he may be present in person or by representative. The tops of all piles shall be cut off below the lowest water line. When required, concrete shall be rammed down in the interspaces between the heads of the piles to a depth and thickness of not less than 12 inches and for 1 foot in width outside of the piles. When ranging and capping timbers are laid on piles for foundations, they shall be of hard wood not less than 6 inches thick and properly joined together, and their tops laid below the lowest water line. 2. Meadow land constructions. Wood piles may be used for the foundations under frame buildings built over the water or on salt meadow land, in which case the piles may project above the water a sufficient height to raise the building above high tide, and the building may be placed directly thereon without other founda- tions. § 234. Foundation walls. — 1. Material and thickness. Foundation walls shall be built of stone, brick, Portland cement concrete, iron or steel. If built of rubble stone, or Portland cement concrete, they shall be at least 8 inches thicker than the wall next above them to a depth of 12 feet below the curb level; and for every additional 10 feet, or part thereof, deeper, they shall be increased 4 inches in thickness. If built of brick, they shall be increased 4 inches thicker than the wall next above them to a depth of 12 feet below the curb level; and for every additional 10 feet, or part thereof, deeper, they shall be increased 4 inches in thickness. 2. Fooling or base courses. The footing or base course shall be 74 CODE OF ORDINANCES OF THE CITY OF NEW YORK of stone or concrete, or both, or of concrete and stepped-up brick- work, 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 12 inches thick. If of stone, the stones shall not be less than 2 by 3 feet, and at least 8 inches in thick- ness for walls; and not less than 10 inches in thickness if under piers, columns or posts; the footing or base course, whether formed of concrete or stone, shall be at least 12 inches wider than the bottom width of walls and at least 12 inches wider on all sides than the bottom width of said piers, columns or posts. If the superimposed load is such as to cause undue transverse strain on a footing pro- jecting 12 inches, the thickness of such footing is to be increased so as to carry the load with safety. For small structures and for small piers sustaining light loads, the superintendent of buildings may, in his discretion, allow a reduction in the thickness and projec- tion for footing or base courses herein specified. All base stones shall be well bedded and laid crosswise, edge to edge. If stepped-up footing of brick are used in place of stone, above the concrete, the offsets, if laid in single courses, shall each not exceed 1}^ inches, or if laid in double courses, then each shall not exceed 3 inches, offsetting the first course of brickwork, back one-half the thickness of the concrete base, so as to properly distribute the load to be imposed thereon. § 235. Isolated 'piers. — If, in place of 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 nec- essary, in the opinion of the superintendent of buildings, inverted arches resting on a proper bed of concrete, both designed to transmit with safety the superimposed loads, shall be turned between the piers. The thrust of the outer piers shall be taken up by suitable wrought iron or steel rods and plates. § 236. Grillage beams . — Grillage beams of wrought iron or steel resting on a proper concrete bed may be used. Such beams must be provided with separators and bolts inclosed and filled solid between with concrete, and of such sizes and so arranged as to transmit with safety the superimposed loads. § 237. Pressure under footings . — The loads exerting pressure under the footings of foundations in buildings more than 3 stories in height are to be computed as follows: a. For warehouses and factories they are to be the full dead load and the full live load established by § 54 of this chapter. b. In stores and buildings for light manufacturing purposes they are to be the full dead load and 75 per cent of the live load established by § 54 of this chapter. c. In churches, school houses and places of public amusement or assembly, they are to be the full dead load and 75 per cent of the live load established by § 54 of this chapter. d. In office buildings, hotels, dwellings, apartment houses, ten- ement houses, lodging houses and stables, they are to be the full dead load and 60 per cent of the live load established by § 54. Footings shall be so designed that the loads will be as nearly uni- form as possible and not in excess of the safe bearing capacity of the soil, as established by § 231 of this chapter. BUILDING CODE 75 ARTICLE 13 MASONRY WALLS Sec. 250. Construction, generally. § 251. Walls for dwelling houses. § 252. Walls for warehouses. § 253. One-story brick buildings. § 254. Bearing walls. § 255. Curtain walls. § 256. Inclosure walls; skeleton structures. § 257. Party-walls. § 258. Parapet walls. § 259. Ashlar work. § 260. Interior walls. § 261. Partition walls. § 262. Tieing, anchoring or bracing. § 263. Hollow walls. § 264. Lining walls. § 265. Furring. § 266. Recesses and chases in walls. § 267. Timber in walls. § 268. Arches and lintels. Sec. 250. Construction^ generally. — 1. Materials. The walls of all buildings, other than frame or wood buildings, shall be constructed of stone, brick, Portland cement concrete, iron, steel or other hard, incombustible material and the several component parts of such buildings shall be as herein provided. 2. Inclosure of buildings. All buildings shall be inclosed on all sides with independent or party walls. (B. C., sec. 27, rev. from L. 1882, ch. 410, § 42, as amend.) Where many buildings have one roof they must have fire walls for separate build- ings. Landgon v. Fire Dept. 17 Wend. 234. 3. Bond of brick walls. In all brick walls every sixth course shall be a heading course, except where walls are faced with brick in run- ning 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. W here face brick is used of a different thickness from the brick used for backing, the courses of the exterior and interior brickwork shall be brought to a level bed at intervals of not more than 10 courses in height of the face brick, and the face brick shall be properly tied to the backing by a heading course of the face brick. 4. Bond of stone walls. All stone walls 24 inches or less in thickness shall have at least one header extending through the wall in every 3 feet in height from the bottom of the wall, and in every 3 feet in length, and if over 24 inches in thickness, shall have one header for every 6 superficial feet on both sides of the wall, laid on top of each other to bond together, and running into the wall at least 2 feet. All headers shall be at least 12 inches in width and 8 inches in thick- ness, and consist of good flat stones. No stone shall be laid in such 76 CODE OF ORDINANCES OF THE CITY OF NEW YORK walls in any other position than on its natural bed. No stone shall be used that does not bond or extend into the wall at least 6 inches. Stones shall be firmly bedded in cement mortar and all spaces and joints thoroughly filled. 5. Walls and piers. The walls and piers of all buildings shall be properly and solidly bonded together with close joints filled with mortar. They shall be built to a line and be carried up plumb and straight. The walls of each story shall be built up the full thickness to the top of the beams above. In all walls of the thickness specified in this chapter, the same amount of materials may be used in piers and buttresses. 6. Piers. All piers shall be built of stone or good, hard, well-burnt brick laid in cement mortar. Every pier built of brick, containing less than 9 superficial feet at the base, supporting any beam, girder, arch or column on which a wall rests, or lintel spanning an opening over 10 feet and supporting a wall, shall at intervals of not over 30 inches apart in height have built into it a bond stone not less than 4 inches thick, or a cast-iron plate of sufficient strength, and the full size of the piers. For piers fronting on a street the bond stones may conform with the kind of stone used for the trimmings of the front. Cap stones of cut granite or blue stone, proportioned to the weight to be carried, but not less than 5 inches in thickness, by the full size of the pier, or cast iron plates of equal strength by the full size of the pier, shall be set under all columns or girders, except where a 4-inch bond stone is placed immediately below said cap stone, in which case the cap stone may be reduced in horizontal dimensions at the discre- tion of the superintendent of buildings. Isolated brick piers shall not exceed in height 10 times their least dimensions. Stone posts for the support of posts or columns above shall not be used in the inte- rior of any building. 7. Coursed stone construction. Where walls or piers are built of coursed stones, with dressed level beds and vertical joints, the super- intendent of buildings shall have the right to allow such walls or piers to be built of a less thickness than specified for brickwork, but in no case shall said walls or piers be less than three-quarters of the thickness provided for the brickwork. 8. Mortar. All foundation walls, isolated piers, parapet walls and chimneys above roofs shall be laid in cement mortar, but this shall not prohibit the use, in cold weather, of a small proportion of lime to prevent the mortar from freezing. All other walls built of brick or stone shall be laid in lime, cement, or lime and cement mortar mixed. The backing up of all stone ashlar shall be laid up with cement mortar, or cement and lime mortar mixed, but the back of the ashlar may be parged with lime mortar to prevent discoloration of the stone. 9. Weather conditions. Walls or piers, or parts of walls and piers, shall not be built in freezing weather, and if frozen, shall not be built upon. 10. Wetting brick. All brick laid in non-freezing weather shall be well wet before being laid. §251. Walls for dwelling houses. — 1. Definition. The expression “walls for dwelling houses “ shall be taken to mean and include in this class walls for the following buildings: Dwellings, asylums. BUILDING CODE apartment houses, convents, club houses, dormitories, hospitals, hotels, lodging houses, tenements, parish buildings, schools, labora- tories, studios. 2. Thickness, a. The walls above the basement of dwelling houses not over 3 stories and basement in height, nor more than 40 feet in height, and not over 20 feet in width, and not over 55 feet in depth, shall have side and party walls not less than 8 inches thick, and front and rear walls not less than 12 inches thick. b. All walls of dwellings exceeding 20 feet in width and not ex- ceeding 40 feet in height, shall be not less than 12 inches thick. c. All walls of dwellings 26 feet in width between bearing walls which are hereafter erected or which may be altered to be used for dwellings and being over 40 feet in height and not over 50 feet in height, shall be not less than 12 inches thick above the foundation wall. No wall shall be built having a 12-inch thick portion measur- ing vertically more than 50 feet. d. If over 50 feet in height and not over 60 feet in height the wall shall be not less than 16 inches thick in the story next above the foundation walls and from thence not less than 12 inches to the top. e. If over 60 feet in height, and not over 75 feet in height, the walls shall be not less than 16 inches thick above the foundation walls to the height of 25 feet, or to the nearest tier of beams to that height, and from thence not less than 12 inches thick to the top. f. If over 75 feet in height, and not over 100 feet in height, the walls shall be not less than 20 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height, thence not less than 16 inches thick to the height of 75 feet, or to the nearest tier of beams to that height, and thence not less than 12 inches thick to the top. g. If over 100 feet in height and not over 125 feet in height the walls shall be not less than 24 inches thick above the foundation walls to the height of 40 feet or to the nearest tier of beams to that height, thence not less than 20 inches thick to the height of 75 feet, or to the nearest tier of beams to that height, thence not less than 16 inches thick to the height of 110 feet, or to the nearest tier of beams to that height, and thence not less than 12 inches thick to the top. h. If over 125 feet in height and not over 150 feet in height, the walls shall be not less than 28 inches thick above the foundation walls to the height of 30 feet, or to the nearest tier of beams to that height; thence not less than 24 inches thick to the height of 65 feet, or to the nearest tier of beams to that height; thence not less than 20 inches thick to the height of 100 feet, or to the nearest tier of beams to that height; thence not less than 16 inches thick to the height of 135 feet, or to the nearest tier of beams to that height, and thence not less than 12 inches thick to the top. i. If over 150 feet in height, each additional 30 feet in height or part thereof, next the foundation walls, shall be increased 4 inches in thickness, the upper 150 feet of wall remaining the same as speci- fied for a wall of that height. 3. Fore-and-aft partitions. All non-fireproof dwelling houses erected under this section, exceeding 26 feet in width, shall have brick fore-and-aft partition walls. Eight-inch brick partition walls may 78 CODE OF ORDINANCES OF THE CITY OF NEW YORK be built to support the beams in such buildings in which the dis- tance between the main or bearing walls is not over 33 feet; if the distance between the main or bearing walls is over 33 feet the brick partition wall shall not be less than 12 inches thick; provided, that no clear span is over 26 feet. This section shall not be construed to prevent the use of iron or steel girders, or iron or steel girders and columns, or piers of masonry, for the support of the walls and ceil- ings over any room which has a clear span of more than 26 feet between walls, in such dwellings as are not constructed fireproof, nor to prohibit the use of iron or steel girders, or iron or steel girders and columns in place of brick walls in buildings which are to be used for dwellings when constructed fireproof. 4. Increased thickness for increased span. If the clear span is to be over 26 feet, then the bearing walls shall be increased 4 inches in thickness for every 121^ feet or part thereof that said span is over 26 feet, or shall have, instead of the increased thickness, such piers or buttresses as, in the judgment of the superintendent of buildings may be necessary. 5. Non-hearing walls. All non-bearing walls of buildings herein- before in this section specified may be 4 inches less in thickness, provided, however, that none are less than 12 inches thick, except as in this chapter specified. No wall shall be built having any one thickness measuring vertically more than 50 feet. 6. Plural construction. Whenever two or more dwelling houses shall be constructed not over 12 feet 6 inches in width, and not over 50 feet in height, the alternating centre wall between any two such houses shall be of brick, not less than 8 inches thick above the founda- tion wall; and the ends of the floor beams shall be so separated that 4 inches of brickwork will be between the beams where they rest on the said centre wall. §252. Walls for warehouses. 1. Definition. The expression “Walls for warehouses’^ shall be taken to mean and include in this class walls for the following buildings: Warehouses, stores, factories, mills, printing houses, pumping stations, refrigerating houses, slaughter houses, wheelwright shops, cooperage shops, breweries, light and power houses, sugar refineries, office buildings, stables, markets, railroad buildings, jails, police stations, court houses, observatories, foundries, machine shops, public assembly buildings, armories, churches, theatres, libraries, museums. 2. Thickness. (a) The walls of all warehouses, 25 feet or less in width between walls or bearing, shall be not less than 12 inches thick to the height of 40 feet above the foundation walls. (b) If over 40 feet in height, and not over 60 feet in height, the walls shall be not less than 16 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height, and thence not less than 12 inches thick to the top. (c) If over 60 feet in height, and not over 75 feet in height the walls shall be not less than 20 inches thick above the foundation walls to the height of 25 feet, or to the nearest tier of beams to that height, and thence not less than 16 inches thick to the top. (d) If over 75 feet in height, and not over 100 feet in height, the BUILDING CODE 79 walls shall be not less than 24 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height; thence not less than 20 inches thick to the height of 75 feet, or to the nearest tier of beams to that height, and thence not less than 16 inches to the top. (e) If over 100 feet in height, and not over 125 feet in height, the walls shall be not less than 28 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height; thence not less than 24 inches thick to the height of 75 feet, or to the nearest tier of beams to that height; thence not less than 16 inches thick to the top. (f) If over 100 feet in height, and not over 125 feet in height, the walls shall be not less than 28 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height; thence not less than 24 inches thick to the height of 75 feet, or to the nearest tier of beams to that height; thence not less than 20 inches thick to the height of 110 feet, or to the nearest tier of beams to that height, and thence not less than 16 inches thick to the top. (g) If over 125 feet in height, and not over 150 feet, the walls shall be not less than 32 inches thick above the foundation walls to the height of 30 feet, or to the nearest tier of beams to that height; thence not less than 28 inches thick to the height of 65 feet, or to the nearest tier of beams to that height; thence not less than 24 inches thick to the height of 100 feet, or to the nearest tiers of beams to that height; thence not less than 20 inches thick to the height of 135 feet, or to the nearest tier of beams to that height; and thence not less than 16 inches thick to the top. (h) If over 150 feet in height, each additional 25 feet in height, or part thereof next above the foundation walls shall be increased 4 inches in thickness, the upper 150 feet of wall remaining the same as specified for a wall of that height. 3. Increased thickness for increased span. If there is to be a clear span of over 25 feet between the bearing walls, such walls shall be 4 inches more in thickness than in this section specified, for every 12 feet, or fraction thereof, that said walls are more than 25 feet apart, or shall have instead of the increased thickness such piers or buttresses as, in the judgment of the superintendent of buildings, may be necessary. 4. Buildings over 25 feet in width. In all stores, warehouses and factories over 25 feet in width between walls there shall be brick partition walls, or girders supported on iron, or wood columns, or piers of masonry. 5. Buildings of a public character. The walls of buildings of a public character shall be not less than in this chapter specified for warehouses, with such piers or such buttresses, or supplemental columns of iron or steel, as, in the judgment of the superintendent of buildings may be necessary to make a safe and substantial build- ing. § 253. One-story brick buildings. — One-story structures not ex- ceeding a height of 15 feet may be built with 8-inch walls when the bearing walls are not more than 19 feet apart, and the length of the 8-inch bearing walls does not exceed 55 feet. One-story and base- 80 CODE OF ORDINANCES OF THE CITY OF NEW YORK merit extensions may be built with 8-inch walls when not over 20 feet wide, 20 feet deep and 20 feet high to dwellings. § 254. Bearing walls. — 1. Generally. Bearing walls shall be taken to mean those walls on which the beams, girders or trusses rest. If any horizontal section through any part of any bearing wall in any building shows more than 30 per centum area of flues and open- ings, the said wall shall be increased 4 inches in thickness for every 15 per centum, or fraction thereof, of flue or opening area in excess of 30 per centum. All bearing walls faced with brick laid in running bond shall be 4 inches thicker than the walls are required to be under any section of this chapter. 2. Increased thickness for increased depth. All buildings, not excepting dwellings, that are over 105 feet in depth, without a cross- wall or proper piers or buttresses, shall have the side or bearing walls increased in thickness 4 inches more than is specified in the respective sections of this chapter for the thickness of walls for every 105 feet or part thereof, that the said buildings are over 105 feet in depth. § 255. Curtain walls. — Curtain walls built in between piers or iron or steel columns and not supported on steel or iron girders, shall be not less than 12 inches thick for 60 feet of the uppermost height thereof, or nearest tier of beams to that height, and increased 4 inches for every additional section of 60 feet or nearest tier of beams of that height. § 256. Inclosure walls; skeleton structure. — Walls of brick built in between iron or steel columns, and supported wholly or in part on iron or steel girders, shall be not less than 12 inches thick for 75 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 60 feet, or to the nearest tier of beams to such ver- tical measurement, or part thereof, shall have a thickness of 4 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 § 234 of this chapter. § 257. Party walls. — 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 chapter, may be used, if in good condition, for the ordinary uses of party walls, provided the height of the same be not increased. § 258. Parapet walls. — All exterior and division or party walls over 15 feet high, excepting where such walls are to be finished with cornices, gutters or crown mouldings, shall have parapet walls not less than 8 inches in thickness and carried 2 feet above the roof, but for warehouses, factories, stores and other buildings used for commercial or manufacturing purposes, the parapet walls shall be not less than 12 inches in thickness and carried 3 feet above the roof, and all such walls shall be coped with stone, terra-cotta or cast iron. § 259. Ashlar work. — Stone used for the facing of any building, and known as ashlar, shall be not less than 4 inches thick. Stone ashlar shall be anchored to the backing and the backing shall be BUILDING CODE 81 of such thickness as to make the walls, independent of the ashlar, conform as to the thickness with the requirements of §§ 251 and 252 of this chapter, unless the ashlar be at least 8 inches thick and bonded onto the backing, and then it may be counted as part of the thick- ness of the wall. Iron ashlar plates used in imitation of stone ashlar on the face of a wall shall be backed up with the same thickness of brickwork as stone ashlar. § 260. Interior walls. — In case the walls of any building are less than 25 feet apart, and less than 40 feet in depth, or there are cross- walls which intersect the walls, not more than 40 feet distant, or piers or buttresses built into the walls, the interior walls may be reduced in thickness in just proportion to the number of crosswalls, piers or buttresses, and their nearness to each other; provided, how- ever, that this clause shall not apply to walls below 60 feet in height, and that no such wall shall be less than 12 inches thick at the top, and greatly increased in thickness by set-offs to the bottom. The superintendent of buildings having jurisdiction is hereby authorized and empowered to decide (except where herein otherwise provided for) how much the walls herein mentioned may be permitted to be reduced in thickness, according to the peculiar circumstances of each case, without endangering the strength and safety of the building. §261. Partition walls. — 1. Generally. Eight inch brick and 6-inch and 4-inch hollow tile partitions of hard-burnt clay or porous terra- cotta may be built, not exceeding in their vertical portions a measure- ment of 50, 36 and 24 feet, respectively, and in their horizontal meas- urement a length not exceeding 75 feet, unless strengthened by proper crosswalls, piers or buttresses, or built in iron or steel framework. All such partitions shall be carried on proper foundations, or on iron or steel girders, or on iron or steel girders and columns or piers of masonry. 2. Cellars of residences. One line of fore-and-aft partitions in the cellar or lowest story, supporting stud partitions above, in all res- idence buildings over 20 feet between bearing walls in the cellar or lowest story, hereafter erected, shall be constructed of brick, not less than 8 inches thick, or piers of brick with openings arched over below the under side of the first tier of beams, or girders of iron or steel and iron columns, or piers of masonry, may be used; or if iron or steel floor beams spanning the distance between bearing walls are used, of adequate strength to support the stud partitions above in addition to the floor load to be sustained by the said iron or steel beams, then the fore-and-aft brick partition, or its equivalent, may be omitted. Stud partitions, which may be placed in the cellar or lowest story of any building, shall have good, solid, stone or brick foundation walls under the same, which shall be built up to the top of the floor beams or sleepers, and the sills of said partitions shall be of locust or other suitable hard wood; but if the walls are built 5 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. § 262. Tieing, anchoring or bracing. — In no case shall any wall or walls of any building be carried up more than 2 stories in advance of any other wall, except by permission of the superintendent of build- ings. This prohibition shall not include the inclosure walls for skel- eton buildings. The front, rear, side and party walls shall be prop- 6 82 CODE OF ORDINANCES OF THE CITY OF NEW YORK erly bonded together, or anchored to each other every 6 feet in their height by wrought-iron tie anchors, not less than 13 ^ inches by of an inch in size, and not less than 24 inches in length. The side anchors shall be built into the side or party walls not less than 16 inches, and into the front and rear walls, so as to secure the front and rear walls to the side or party walls when not built and bonded to- gether. All exterior piers shall be anchored to the beams or girders on the level of each tier. The walls and beams of every building, during the 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 wood beams shall be safely anchored with plank or joist to the beams of the story below until the building is inclosed. § 263. Hollow walls. — In all walls that are built hollow the same quantity of stone, brick or concrete shall be used in their construc- tion as if they were built solid as in this chapter 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 24 inches apart. § 264. Lining walls. — 1. Existing structures. In case it is desired to increase the height of existing party or independent walls, which are less in thickness than required under this chapter, the same shall be done by a lining of brickwork to form a combined thickness with the old wall of not less than 4 inches more than the thickness required for a new wall corresponding with the total height of the wall when so increased in height. The said linings shall be supported on proper foundations and carried up to such height as the superintendent of buildings may require. No lining shall be less than 8 inches in thick- ness, and all lining shall be laid up in cement mortar and thoroughly anchored to the old brick walls with suitable wrought-iron anchors, placed 2 feet apart and properly fastened or driven into the old walls in rows alternating vertically and horizontally with each other, the old walls being first cleaned of plaster or other coatings where any lining is to be built against the same. 2. Rubble walls. No rubble wall shall be lined except after inspec- tion and approval by the superintendent of buildings. § 265. Furring. — 1. Hollow brick or tile. The inside 4 inches of all walls may be built of hard-burnt hollow brick, properly tied and bonded into the walls and of the dimension of ordinary bricks. Where hollow tile or porous terra-cotta blocks are used as lining or furring for walls, they shall not be included in the measurement of the thickness of such walls. 2. Wood. In all walls furred with wood, the brickwork between the ends of wood beams shall project the thickness of the furring beyond the inner face of the w^all for the full depth of the beams. § 266. Recesses and chases in walls. — 1. Stairway and elevator recesses. Recesses for stairways or elevators may be left in the foun- dation or cellar walls of all buildings, but in no case shall the walls be of less thickness than the walls of the fourth story, unless reinforced by additional piers with iron or steel girders, or iron or steel columns and girders, securely anchored to walls on each side. 2. Alcoves. Recesses for alcoves and similar purposes shall have not less than 8 inches of brickwork at the back of such recesses, and BUILDING CODE 83 such recesses shall be not more than 8 feet in width, and shall bo arched over or spanned with iron or steel lintels, and not carried up higher than 18 inches below the bottom of the beams of the floor next above. 3. Pipe-chases. No chase for water or other pipes shall be mad(‘ in any pier, and in no wall more than one-third of its thickness. The chases around said pipe or pipes shall be filled up with solid masonry for the space of 1 foot at the top and bottom of each story. 4. Limitations. No horizontal recess or chase in any wall shall bo allowed exceeding 4 feet in length without permission of the super- intendent of buildings having jurisdiction. The aggregate area of recesses and chases in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story, nor shall any such recess be made within a distance of 6 feet from any other recess in the same wall. § 267. Timber in walls. — No timber shall be used in any wall of any building w^here stone, brick or iron is commonly used, except inside lintels, as hereinafter provided, and brace blocks, not more than 8 inches in length. §268. Arches and lintels. — 1. Generally. Openings for doors and windows in all buildings shall have good and sufficient arches of stone, brick or terra-cotta, well built and keyed with good and suffi- cient abutments, or lintels of stone, iron or steel of sufficient strength, which shall have a bearing at each end of not less than 5 inches on the wall. 2. Arches. All masonry arches shall be capable of sustaining the weight and pressure which they are designed to carry, and the stress at any point shall not exceed the working stress for the material used, as given in § 53 of this chapter. Tie rods shall be used where necessary to secure stability. 3. Lintels. On the inside of all openings in which lintels shall be less than the thickness of the wall to be supported, there shall be timber lintels which shall rest at each end and not more than 3 inches on an}^ wall, which shall be chamfered at each end, and shall have a suitable arch turned over the timber lintel. Or the inside lintel may be of cast iron or wrought iron or steel, and in such case stone blocks or cast-iron plates shall not be required at the ends where the lintel rests on the walls, provided the opening is not more than 6 feet in width. ARTICLE 14 WOOD CONSTRUCTION Sec. 280. General provisions. § 281. Columns. § 282. Beams. § 283. Trusses. § 280. General provisions. — 1. Bolting. All bolts in connection with timber and wood beam work shall be provided with washers of such proportions as will reduce the compression on the wood at the face of the washer to that allowed in § 53 of this chapter, sup- posing the bolt to be strained to its limit. 84 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2. Fire stops. All wood beams and other timbers in the party wall of every building built of stone, brick or iron shall be sep- arated from the beam or timber entering in the opposite side of the wall by at least 4 inches of solid mason work. § 281. Columns. — All timber columns shall be squared at the ends perpendicular to their axes. To prevent the unit stresses from exceeding those fixed in this chapter, timber or iron cap and base plates shall be provided. Additional iron cheek plates shall be placed between the cap and base plates and bolted to the girders when required to transmit the loads with safety. § 282. Beams. — 1. Carrying capacity. The safe carrying capacity of wood beams for uniformly distributed loads shall be determined by multiplying the area in square inches by its depth in inches and dividing the product by the span of the beam in feet. This result is to be multiplied by 70 for hemlock, 90 for spruce and white pine, 120 for oak and by 140 for yellow pine. The safe carrying capacity of short span timber beams shall be determined by their resistance to shear in accordance with the unit stresses fixed by § 53 of this chapter. 2. Floor or roof beams. No wood floor beams or wood roof beams used in any building hereafter erected shall be of less thickness than three inches. The ends of all such beams, where they rest on brick walls, shall be cut to a bevel of 3 inches on their depth. In no case shall either end of a floor or roof beam be supported on stud parti- tions, except in frame buildings, and all such beams shall be properly bridged with cross bridging, and the distance between bridging or between bridging and walls shall not exceed 8 feet. Every wood beam except header and tail beams shall rest at one end 4 inches in the wall or upon a girder, as authorized by this chapter. 3. Trimmer and header. All wood trimmer and header beams shall be proportioned to carry with safety the loads they are in- tended to sustain. Every wood header or trimmer more than 4 feet long, used in any building, shall be hung in stirrup irons of suitable thickness for the size of the timbers. 4. Anchors and straps. Each tier of beams shall be anchored to the side, front, rear or party walls at intervals of not more than 6 feet apart, with good, strong, wrought-iron anchors of not less than \]4 inches by ^/g of an inch in size, well fastened to the side of the beams by 2 or more nails made of wrought iron at least of an inch in diameter. Where the beams are supported by girders, the girders shall be anchored to the walls and fastened to each other by suitable iron straps. The ends of wood beams resting upon girders shall be butted together end to end and strapped by wrought- iron straps of the same size and distance apart, and in the same beam as the wall anchors, and shall be fastened in the same manner as said wall anchors, or they may lap each other at least 12 inches and be well spiked or bolted together where lapped. Each tier of beams front and rear, opposite each pier, shall have hardwood anchor strips dovetailed into the beams diagonally, which strips shall cover at least 4 beams and be 1 inch thick and 4 inches wide, but no such anchor strips shall be let in within 4 feet of the centre line of the beams; or wood strips may be nailed on the top of the beams and kept in place until the floors are being laid. Every BUILDING CODE 85 pier and wall, front or rear, shall be well anchored to the beams of each story, with the same size anchors as are required for side walls, which anchors shall hook over the fourth beam. 5. Fire prevention. All wood beams shall be trimmed away from all flues and chimneys, whether the same be a smoke, air or any other flue or chimney. The trimmer beam shall not oe less than 8 inches from the inside face of a flue, and 4 inches from the outside of a chimney breast, and the header beam not less than 2 inches from the outside face of the brick or stone work of the same; except that for the smoke flues of boilers and furnaces where the brickwork is required to be 8 inches in thickness, the trimmer beam shall be not less than 12 inches from the inside of the flue. The header beam, carrying the tail beams of a floor, and supporting the trimmer arch in front of a fire place, shall be not less than 20 inches from the chimney breast. § 283. Trusses . — When compression members of trusses are of timber they shall be strained in the direction of the fibre only. When timber is strained in tension it shall be strained in the direc- tion of the fibre only. The working stress in timber struts of pin- connected trusses shall not exceed 75 per cent, of the working stresses established in § 53 of this chapter. ARTICLE 15 IRON OR STEEL CONSTRUCTION Sec. 300. General provisions. § 301. Cast-iron columns. § 302. Columns of steel or wrought iron. § 303. Double columns. § 304. Joint plates for open-back columns. § 305. Party wall posts. § 306. Girders. § 307. Lintels. § 308. Plates under ends of lintels and girders. § 309. Floor and roof beams. § 310. Trusses. § 311. Framing and connecting. § 312. Bolting. § 313. Riveting. Sec. 300. General provisions. — 1. Fire-proof casing. Where col- umns are used to support iron or steel girders carrying inclosure 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 re- sist fire by having a casing of brickwork not less than 8 inches in thickness on the outer surfaces, nor less than 4 inches in thickness on the inner surfaces, and all bonded into the brickwork of the inclosure walls. The exposed sides of the iron or steel girders shall be similarly covered in with brickwork not less than 4 inches in thickness on the outer surfaces and tied and bonded, but the extreme outer edge of the flanges of beams, or plates or angles connected to the beams, may 86 CODE OF ORDINANCES OF THE CITY OF NEW YORK project to within 2 inches of the outside surface of the brick casing. The inside surfaces of girders may be similarly covered with brick- work, or if projecting inside of the wall, they shall be protected by terra-cotta, concrete or other fireproof material. 2. Girders. Girders for the support of the inclosure walls shall be placed at the floor of each story. 3. Metal fronts. All cast iron or metal fronts shall be backed up or filled in with masonry of the thickness provided for in §§ 251 and 252 of this chapter. 4. Painting. All structural metal work shall be cleaned of all scale, dirt and rust, and be thoroughly coated with one coat of paint. Cast-iron columns shall not be painted until after inspection under the supervision of the superintendent of buildings. Where surfaces in riveted work come in contact, they shall be painted before assem- bling. After erection all work shall be painted at least one additional coat. 5. Subaqueous work. All iron or steel used under water shall be inclosed with concrete. §301. Cast-iron columns. — 1. Dimensions. Cast-iron columns shall not have less diameter than 5 inches, or less thickness than of an inch. Nor shall they have an unsupported length of more than 20 times their lateral dimensions or diameter, except as modified by § 51 of this chapter, and except the same may form part of an elevator inclosure or staircase, and also except in such cases as the superintend- ent of buildings may specially allow a greater unsupported length. 2. Construction. All cast-iron columns shall be of good workman- ship and material. The top and bottom flanges, seats and lugs shall be of ample strength, reinforced by fillets and brackets; they shall be not less than one inch in thickness when finished. All columns must be faced at the ends to a true surface perpendicular to the axis of the column. 3. Joints. Column joints shall be secured by not less than 4 bolts each, not less than ^ of an inch in diameter. The holes for these bolts shall be drilled to a template. 4. Core. The core of a column below a joint shall be not larger than the core of the column above and the metal shall be tapered down for a distance of not less than 6 inches, or a joint plate may be inserted of sufficient strength to distribute the load. 5. Thickness of metal. The thickness of metal shall not be less than 1-12 the diameter of the greatest lateral dimension of cross sec- tion, but never less than ^ of an inch. Wherever the core of a cast- iron column has shifted more than thickness of the shell, the strength shall be computed, assuming the thickness of metal all around equal to the thinnest part, and the column shall be condemned if this computation shows the strength to be less than required by this chapter. 6. Defects. Wherever blowholes or imperfections are found in a cast-iron column which reduces the area of the cross section at that point more than 10 per cent., such column shall be condemned. 7. Test-holes. Cast-iron posts or columns not cast with one open side or back, before being set up in place, shall have a */g-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 cast- BUILDING CODE 87 ings, and any other similar sized hole or holes, which the superintend- ent of buildings may require shall be drilled in the said posts or columns by the manufacturer or contractor at his own expense. 8. Shoes or Plates. Iron or steel shoes or plates shall be used under the bottom tier of columns to properly distribute the load on the foundation. Shoes shall be placed on top. § 302. Columns of steel or wrought iron. — 1. Dimensions. No part of a steel or wrought iron column shall be less than of an inch thick. No material, whether in the body of the column or used as lattice bar or stay plate, shall be used in any wrought iron or steel column of less thickness than 1-32 of its unsupported width, measured between centres of rivets transversely, of 1-16 the distance between centres or rivets in the direction of the stress. No wrought iron or rolled steel column shall have an unsupported length of more than 40 times its least lateral dimension or diameter, except as modified by § 51 of this chapter, and also except in such cases as the superin- tendent of buildings may specially allow a greater unsupported length. 2. Construction. Steel and wrought iron columns shall be made in one, two or three-story lengths, and the materials shall be rolled in one length wherever practicable to avoid intermediate splices. Where any part of the section of a column projects beyond that of the column below, the difference shall be made up by filling plates secured to column by the proper number of rivets. The ends of all columns shall be faced to a plane surface at right angles to the axis of the columns, and the connection between them shall be made with splice plates. The joint may be effected by rivets of sufficient size and num- ber to transmit the entire stress, and then the splice plates shall be equal in sectional area to the area of column spliced. When the sec- tion of the columns to be spliced is such that spliced plates cannot be used, a connection formed of plates and angles may be used, designed to properly distribute the stress. 3. Stay plates. Stay plates are to have not less than 4 rivets, and are to be spaced so that the ratio of length by the least radius of gyration of the parts connected does not exceed 40; the distance be- tween nearest rivets of two stay plates shall in this case be considered as length. 4. Shoes or plates. Shoes of iron or steel, as described for cast-iron columns, or built shoes of plates and shapes may be used, complying with same requirements. § 303. Double columns. — In all buildings hereafter erected or altered, where any iron or steel column or columns are used, to sup- port a wall or part thereof, whether the same be an exterior or an interior wall, 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 sufficient strength to sustain safely the weight to be imposed thereon, and the outer columns shall be 1 inch shorter than the inner columns, or such other iron or steel column of sufficient strength and protected with not less than two inches of fireproof material securely applied, except that double or protected columns shall not be required for walls fronting on streets or courts. 88 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 304. Joint-plates for open-hack columns. — Iron or steel posts or columns, with one or more open sides and backs, shall have solid iron plates on top of each, excepting where pierced for the passage of pipes. § 305. Party wall posts. — If iron or steel posts are to be used as party posts in front of a party wall, and intended for two buildings, then the said posts shall be not less in width than the thickness of the party wall, nor less in depth than the thickness of the wall to be supported above. Iron or steel posts in front of side, division or party walls shall be filled up solid with masonry and made perfectly tight between the posts and walls. Intermediate posts may be used, which shall be sufficiently strong, and the lintels thereon shall have suffi- cient bearings to carry the weight above with safety. § 306. Girders. — 1. Use of beams. When rolled steel or wrought iron beams are used in pairs to form a girder, they shall be connected together by bolts and iron separators at intervals of not more than 5 feet. All beams 12 inches and over in depth shall have at least 2 bolts to each separator. 2. Riveting. Rivets in flanges shall be placed so that the last value of a rivet for either shear or bearing is equal or greater than the increment of strain due to the distance between adjoining rivets. All other rules given under riveting shall be followed. The length of rivets between heads shall be limited to 4 times the diameter. 3. Lateral bracing. The compression flange of plate girders shall be secured against buckling, if its length exceeds 30 times its width. If splices are used, they shall fully make good the members spliced in either tension or compression. 4. Stiffeners. Stiffeners shall be provided over supports and other concentrated loads; they shall be of sufficient length as a column, to carry the loads, and shall be connected with a sufficient number of rivets to transmit the stresses into the web girders. Stiffeners shall fit so as to support the flanges of the girders. If the unsup- ported depth of the web plate exceeds 60 times its thickness, stiff- eners shall be used at intervals not exceeding 120 times the thickness of the web. § 307. Lintels. — Cast iron lintels shall not be used for spans exceeding 16 feet. Cast-iron lintels or beams shall be not less than % of an inch in thickness in any of their parts. § 308. Plates under ends of lintels and girders. — When the lintels or girders are supported at the ends by brick walls or piers they shall rest upon cut granite or bluestone blocks at least 10 inches thick, or upon cast-iron plates of equal strength by the full size of the bearings. In case the opening is less than 12 feet, the stone blocks may be 5 inches in thickness, or cast-iron plates of equal strength by the full size of the bearings, may be used, provided that in all cases the safe loads do not exceed those fixed by § 53 of this chapter. §309. Floor and roof beams. — 1. General specifications. All rolled steel and wrought iron floor and roof beams used in buildings shall be of full weight, straight and free from injurious defects. Holes for tie rods shall be placed as near the thrust of the arch as prac- ticable. The distance between tie rods in floors shall not exceed eight feet, and shall not exceed 8 times the depth of floor beams BUILDING CODE 89 12 inches and under. Channels or other shapes, where used as skewbacks, shall have a sufficient resisting moment to take up the thrust of the arch. Bearing plates of stone or metal shall be used to reduce the pressure on the wall to the working stress. Beams resting on girders shall be securely riveted or bolted to the same; where joined on a girder, tie-straps of H inch net sectional area shall be used, with rivets or bolts to correspond. Anchors shall be pro- vided at the ends of all such beams bearing on walls. 2. Templates. 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. Templates under ends of steel or iron beams shall be of such dimensions as to bring no greater pressure upon the brick- work than that allowed by § 53 of this chapter. When rolled iron or steel floor beams, not exceeding 6 inches in depth, are placed not more than 30 inches on centres, no templates shall be required. § 310. Trusses. — 1. General provisions. Trusses shall be of such design that the stresses in each member can be calculated. All trusses shall be held rigidly in position by efficient systems of lateral and sway bracing, struts being spaced so that the maximum limit of length to least radius of gyration, established in § 51 of this chap- ter, is not exceeded. Any member of a truss subjected to trans- verse stress, in addition to direct tension or compression, shall have the stresses causing such strain added to the direct stresses coming on the member, and the total stresses thus formed shall in no case exceed the working stresses stated in § 53 of this chapter. No bolts shall be used in the connections of riveted trusses, excepting when riveting is impracticable, and then the holes shall be drilled or reamed. 2. Rivetted trusses. For tension members, the actual net area only, after deducting rivet holes, inch larger than the rivets, shall be considered as resisting the stress. If tension members are made of angle irons riveted through one flange only, only that flange shall be considered in proportioning areas. Rivets to be propor- tioned as prescribed in §§ 53 and 313 of this chapter. If the axes of two adjoining web members do not intersect within the line of the chords, sufficient area shall be added to the chord to take up the bending strains. 3. Pin connected trusses. The bending stresses on pins shall be limited to 20,000 pounds for steel and 15,000 pounds for iron. All compression members in pin-connected trusses shall be propor- tioned, using 75 per cent, of the permissible working stress for col- umns. The heads of all eye-bars shall be made by upsetting or forging. No weld will be allowed in the body of the bar. Steel eye-bars shall be annealed. Bars shall be straight before boring. All pin-holes shall be bored true and at right angles to the axis of the members, and must fit the pin within one-thirty-second of an inch. The distances of pin-holes from centre to centre for correspond- ing members shall be alike, so that, when piled upon one another, pins will pass through both ends without forcing. Eyes and screw ends shall be so proportioned that upon test to destruction, fracture will take place in the body of the member. All pins shall be accu- rately turned. Pin-plates shall be provided wherever necessary to reduce the stresses on pins to the working stresses prescribed in § 53 90 CODE OF ORDINANCES OF THE CITY OF NEW YORK of this chapter. These pin-plates shall be connected to the members by rivets of sufficient size and number to transmit the stresses with- out exceeding working stresses. All rivets in members of pin- connected trusses shall be machine driven. All rivets in pin-plates which are necessary to transmit stress shall be also machine-driven. The main connections of members shall be made by pins. Other connections may be made by bolts. If there is a combination of riveted and pin-connected members in one truss, these members shall comply with the requirements for pin-connected trusses; but the riveting shall comply with the requirements of §§53 and 313 of this chapter. § 311. Framing and connecting , — All iron or steel trimmer beams, headers, and tail beams, shall be suitably framed and connected together, and the iron or steel 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. All beams framed into and supported by other beams or girders shall be con- nected thereto by angles or knees of a proper size and thickness, and have sufficient bolts or rivets in both legs of each connecting angle to transmit the entire weight or load coming on the beam to the supporting beam or girder. In no case shall the shearing value of the bolts or rivets or the bearing value of the connection angles, provided for in § 53 of this chapter, be exceeded. § 312. Bolting . — Where riveting is not made mandatory con- nections may be effected by bolts. These bolts shall be of wrought iron or mild steel, and they shall have United States standard threads. The threads shall be full and clean, the nut shall be truly concentric with the bolt, and the thread shall be of sufficient length to allow the nut to be screwed up tightly. When bolts go through bevel flanges, bevel washers to match shall be used so that head and nut of bolt are parallel. When bolts are used for suspenders, the work- ing stresses shall be reduced for wrought iron to 10,000 pounds and for steel to 14,000 pounds per square inch of net area, and the load shall be transmitted into the head or nut by strong washers distributing the pressure evenly over the entire surface of the same. Turned bolts in reamed holes shall be deemed a substitute for field rivets. § 313. Riveting . — The distance from centre of a rivet hole to the edge of the material shall not be less than : of an inch for ^/ 2 -inch rivets; of an inch for ^/g-inch rivets; iVg of an inch for ^/4-inch rivets; 1^/g of an inch for ’^/g-inch rivets; 1^/2 of an inch for 1-inch rivets. Wherever possible, however, the distance shall be equal to 2 diameters. All rivets, wherever practicable, shall be machine driven. The rivets in connections shall be proportioned and placed to suit the stresses. The pitch of rivets shall never be less than three diam- eters of the rivet, nor more than 6 inches. In the direction of the stress it shall not exceed 16 times the least thickness of the outside member. At right angles to the stress it shall not exceed 32 times the least thickness of the outside member. All holes shall be punched accurately, so that upon assembling a cold rivet will enter the hole BUILDING CODE 91 without straining the material by drifting. Occasional slight errors shall be corrected by reaming. The rivets shall fill the holes com- pletely; the heads shall be hemispherical and concentric with the axis of the rivet. Gussets shall be provided wherever required, of sufficient thickness and size to accommodate the number of rivets necessarv to make a connection. ARTICLE 16 REINFORCED CONCRETE CONSTRUCTION Sec. 330. ARTICLE 17 FIREPROOF CONSTRUCTION Sec. 350. Generally. § 351. Buildings over 150 feet in height. § 352. Fireproof floors. Sec. 350. Generally. — 1. Application. Every building hereafter erected or altered, to be used as a hotel, lodging house, school, theatre, jail, police station, hospital, asylum, institution for the care or treatment of persons, the heighLof which exceeds 36 feet 6 inches, and every other building the height of which exceeds 75 feet, except as herein otherwise provided, shall be built fireproof; that is to say — They shall be constructed with walls of brick, stone, Portland cement concrete, iron or steel, in which wood beams or lintels shall not be placed, and in which the floors and roofs shall be of materials provided for in § 352 of this chapter. 2. Partitions. All hall partitions or permanent partitions between rooms in fireproof buildings shall be built of fireproof material and shall not be started on wood sills, nor on wooden floor boards, but be built upon the fireproof construction of the floor and extend to the fireproof beam filling above. The tops of all door and window openings in such partitions shall be at least 12 inches below the ceiling line. 3. Protection of metal work. All cast iron, wrought iron or rolled steel columns, including the lugs and brackets on same, used in the interior of any fireproof building, or used to support any fireproof floor, shall be protected with not less than 2 inches of fireproof mate- rial, securely applied. The extreme outer edge of lugs, brackets and similar supporting metal may project to within ^/g of an inch of the surface of the fireproofing. 4. Staircases. The stairs and staircase landing shall be built entirely of brick, stone, Portland cement concrete, iron or steel. 5. Woodwork restrict^. No woodwork or other inflammable mate- rial shall be used in any of the partitions, furrings or ceilings in any such fireproof buildings, excepting, however, that when the height of the buildings does not exceed 12 stories nor more than 150 feet, the doors and windows and their frames, the trims, the casings, the interior finish when filled solid at the back with fireproof material, and 92 CODE OF ORDINANCES OF THE CITY OF NEW YORK the floor boards and sleepers directly thereunder, may be of wood, but the space between the sleepers shall be solidly filled with fireproof materials and extend up to the under side of the floor boards. (Ord. app. May 8, 1906.) The "interior finish" applies to the permanent structure and not to trade fix- tures. City of N. Y. V. Stewart Realty Co., 109 App. Div. 702. § 351. Buildings over 150 feet in height. — When the height of a fire- proof building exceeds 12 stories, or more than 150 feet, the floor sur- faces shall be of stone, cement, rock asphalt, tiling, or similar in- combustible material, or the sleepers and floors may be of wood treated by some process to render the same fireproof, approved by the superintendent of buildings. All outside window frames and sash shall be of metal, or of wood covered with metal, the inside window frames and sash, doors, trim and other interior finish may be of wood covered with metal, or of wood treated by some process to render the same fireproof, approved by the superintendent of buildings having jurisdiction. §352. Fireproof floors. — 1. Construction generally. Fireproof floors shall be constructed with wrought iron or steel floor beams so ar- ranged as to spacing and length of beams that the load to be sup- ported by them, together with the weights of the materials used in the construction of the said floors, shall not cause a greater deflection of the said beams than 1-30 of an inch per foot of span under the total load; and they shall be tied together at intervals of not more than 8 times the depth of the beam. 2. Brick-arch construction. Between the wrought iron or steel floor beams shall be placed brick arches springing from the lower flange of the steel beams. Said brick arches shall be designed with a rise safely to carry the imposed load, but never less than 1J4 inches for each foot of span between the beams, and they shall have a thickness of not less than 4 inches for spans of 5 feet or less and 8 inches for spans over 5 feet, or such thickness as may be required by the super- intendent of buildings. Said brick arches shall be composed of good, hard brick or hollow brick of ordinary dimensions laid to a line on the centres, properly and solidly bonded, each longitudinal line of brick breaking joints with the adjoining lines in the same ring and with the ring under it when more than a 4-inch arch is used. The brick shall be well wet and the joints filled in solid with cement mortar. The arches shall be well grouted and properly keyed. 3. Hollow-tile construction. Or the space between the beams may be filled in with hollow tile arches of hard-burnt clay or porous terra- cotta of uniform density and hardness of burn. The skew backs shall be of such form and section as to properly receive the thrust of said arch; and the said arches shall of be a depth and sectional area to carry the load to be imposed thereon, without straining the material beyond its safe working load, but said depth shall not be less than inches for each foot of span, not including any portion of the depth of the tile projecting below the under side of the beams, a variable distance being allowed of not over 6 inches in the span be- tween the beams, if the soffits of the tile are straight; but if said arches are segmental, having a rise of not less than inches for each foot of span, the depth of the tile shall not be less than 6 inches. The joints shall be solidly filled with cement mortar as required for BUILDING CODE 9;^ common brick arches and the arch so constructed that the key block shall always fall in the central portion. The shells and webs of all end construction blocks shall abut, one against another. 4. Concrete arches. Or the space between the beams may be filled with arches of Portland cement concrete, segmental in form, and which shall have a rise of not less than 1)4. inches for each foot of span between the beams. The concrete shall, not be less than 4 inches in thickness at the crown of the arch and shall be mixed in the proportions required by § 24 of this chapter. These arches shall in all cases be reinforced and protected on the under side with corrugated or sheet steel, steel ribs, or metal in other forms weighing not less than 1 pound per square foot and having no openings larger than 3 inches square. 5. Tile^ slab or fire-proof composition construction. Or between the said beams may be placed solid or hollow burnt clay, stone, brick, or concrete slabs in flat or curved shapes, concrete or other fireproof composition may be used in composition, and any of said materials may be used in combination with wire cloth, expanded metal, wire strands, or wrought iron or steel; but in any such con- struction and as a precedent condition to the same being used, tests shall be made as herein provided by the manufacture thereof under the direction and to the satisfaction of the superintendent of build- ings and evidence of the same shall be kept on file in the bureau of buildings, showing the nature of the test and the result of the test. 6. Test of construction. The tests referred to in the preceding subdivision of this section shall be made by constructing within inclosure walls a platform consisting of 4 rolled steel beams, 10 inches deep, weighing each 25 pounds per linear foot, and placed 4 feet between the centres, and connected by transverse tie-rods, and with a clear span of 14 feet for the 2 interior beams and with the 2 outer beams supported on the side walls throughout their length, and with both a filling between the said beams, and a fire- proof protection of the exposed parts of the beams of the system to be tested, constructed as in actual practice, with the quality of material ordinarily used in that system and the ceiling plastered below, as in a finished job; such filling between the 2 interior beams being loaded with a distributed load of 150 pounds per square foot of its area and all carried by such filling; and subjecting the plat- form so constructed to the continuous heat of a wood fire below, averaging not less than 1,700 degrees Fahrenheit for not less than 4 hours, during which time the platform shall have remained in such condition that no flame will have passed through the platform or any part of the same, and that no part of the load shall have fallen through, and that the beams shall have been protected from the heat to the extent that after applying to the under side of the platform at the end of the heat test a stream of water directed against the bottom of the platform and discharging through a 1^/g nozzle under 60 pounds pressure for five minutes, and after flooding the top of the platform with water under low pressure, and then again applying the stream of water through the nozzle under the 60 pounds of pressure to the bottom of the platform for 5 minutes, and after a total load of 600 pounds per square foot uniformly distributed over the middle bay shall have been applied and removed, after the 94 CODE OF ORDINANCES OF THE CITY OF NEW YORK E latform shall have cooled, the maximum deflection of the interior earns shall not exceed 2^ inches. The several superintendents of buildings may from time to time prescribe additional or different tests than the foregoing for systems of Ailing between iron or steel floor beams, and the protection of the exposed parts of the beams. Any system failing to meet the requirements of the test of heat, water and weight, as herein prescribed, shall be prohibited from use in any building hereafter erected. Duly authenticated records of the tests heretofore made of any system of fireproof floor filling and protection of the exposed parts of the beams may be presented to the superintendent of buildings, and, if the same be satisfactory to him, it shall be accepted as conclusive. 7. Filling in. On top of any arch, lintel or other device which does not extend to and from a horizontal line with the top of the said floor beams, cinder concrete or other suitable fireproof material shall be placed to solidly fill up the space to a level with the top of the said floor beams, and shall be carried to the under side of the wood floor boards in case such be used. 8. Centering. Temporary centering when used in placing fire- proof systems between floor beams, shall not be removed within 24 hours or until such time as the mortar or material has set. 9. Protection against freezing. No filling of any kind which may be injured by frost shall be placed between said floor beams during freezing weather, and if the same is so placed during any winter months, it shall be temporarily covered with suitable material for protection from being frozen. 10. Floor openings to he fire-stopped. Openings through fireproof floors for pipes, conduits and similar purposes shall be shown on the plans. After the floors are constructed no opening greater than 8 inches square shall be cut through said floors, unless properly boxed or framed around with iron. And such openings shall be filled in with fireproof material, after the pipes or conduits are in place. 11. Protection of metal work. The bottom flanges of all wrought iron or rolled steel floor and flat roof beams, and all exposed por- tions of such beams below the abutments of the floor arches shall be entirely incased with hard-burnt clay, porous terra-cotta or other fireproof material allowed to be used for the filling between the beams under the provisions of this section, such incasing material to be properly secured to the beams. The exposed sides and bottom plates or flanges of wrought iron or rolled steel girders supporting iron or steel floor beams, or supporting floor arches or floors, shall be entirely incased in the same manner. 12. Working load. All fireproof floor systems shall be of sufl[icient strength to safely carry the load to be imposed thereon without straining the material in any case beyond its safe working load. ARTICLE 18 FIRE WALLS AND SHAFTS Sec. 370. Restriction upon area of stores, warehouses and factories. § 371. Light and vent shafts. § 372. Inclosure of elevator shafts. BUILDING CODE 95 § 373. Protection of shafts and hoistways. § 374. Dumb-waiter shafts. § 375. Fireproof shutters and doors. Sec. 370. Restriction upon area of stores, warehouses and factories . — In all stores, warehouses or factories, in case iron, steel or wood girders, supported by iron, steel or wood columns, or piers of ma- sonry, are used in place of brick partition walls, the building may be 75 feet wide and 210 feet deep, when extending from street to street, or when otherwise located may cover an area of not more than 8,000 superficial feet. When a building fronts on three streets it may be 105 feet wide and 210 feet deep, or if a corner building fronting on two streets it may cover an area of not more than 12,500 superficial feet; but in no case wider nor deeper, nor to cover a greater area, except in the case of fireproof buildings. An area greater than herein stated may, considering location and purpose, be allowed by the superintendent of buildings when the proposed building does not exceed 3 stories in height. § 371. Light and vent shafts. — In every building hereafter erected or altered, all the walls or partitions forming interior light or vent shafts shall be built of brick or such other fireproof materials as may be approved by the superintendent of buildings. The walls of all light or vent shafts, whether exterior or interior, hereafter erected, shall be carried up not less than 3 feet above the level of the roof, and the brick walls coped as other parapet walls. Vent shafts to light interior bathrooms in private dwellings may be built of wood filled in solidly with brick or hard-burnt clay blocks, when extending through not more than 1 story in height, and carried not less than 2 feet above the roof, covered with a ventilating skylight, of metal and glass. § 372. Inclosure of elevator shafts. — 1. In new buildings. All elevators hereafter placed in any building, except such fireproof buildings as have been or may be hereafter erected, shall be inclosed in suitable walls of brick or with a suitable framework of iron and burnt-clay filling, or of such other fireproof material and form of construction as may be approved by the superintendent of buildings, except that the inclosure walls in non-fir eproof buildings over 5 stories high, used as warehouses or factories shall be of brick. If the inclosure walls are of brick, laid in cement mortar, and not used as bearing walls, they may be 8 inches in thickness for not more than 50 feet of their uppermost height, and increasing in thickness 4 inches for each lower 50 feet portion or part thereof. Said walls or con- struction shall extend through and at least 3 feet above the roof. All openings in the said walls shall be provided with fireproof shutters or fireproof doors, made solid for 3 feet above the floor level, except that the doors used for openings in buildings intended for the oc- cupancy of one family may be of wood covered on the inner surface and edges with metal, not including the openings in the cellar, nor above the roof in any such shaft walls. The roofs over all inclosed elevators shall be made of fireproof materials, with a skylight at least three-fourths the area of the shaft, made of glass set in iron frames. When the shaft does not extend to the ground the lower end shall be inclosed in fireproof material. 9(3 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2. In existing hotels. In every non-fireproof building used or occupied as a hotel, in which there is an elevator not inclosed in fireproof shafts, such elevator shall be inclosed in suitable walls, constructed and arranged as required in this chapter for elevator shafts. 3. Open grill-work inclosures. Open grillwork inclosures for passenger elevators, not extending below the level of the first floor, may be erected in staircase inclosures in buildings where the entire space occupied by the stairs and elevators is inclosed in brick or stone walls, and the stairs are constructed as specified in § 440 of this chapter. § 373. Protection of shafts and hoistways. — 1. Gates and trap-doors. In any building in which there shall be any hoistway or freight elevator or wellhole not inclosed in walls constructed of brick or other fireproof material and provided with fireproof doors, the openings thereof through and upon each floor of said building, shall be provided with and protected by a substantial guard or gate and with such good and sufficient trap-doors as may be directed and approved by the superintendent of buildings. 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. 2. Freight elevators. When, in the opinion of the superintendent of buildings automatic trap-doors are required to the floor openings of any uninclosed freight elevator, the same shall be constructed so as to form a substantial floor surface when closed, and so arranged as to open and close by the action of the elevator in its passage either ascending or descending. 3. Enforcement of section. Each superintendent, within his juris- diction shall have exclusive power and authority to require the openings of hoistways or hoistway shafts, elevators and wellholes in buildings to be inclosed or secured by trap-doors, guards or gates and railings. (B. C., sec. 95, rev. from L. 1882, ch. 410, § 492, as amend.) It is the duty of an owner of a building to protect a hatchway by a suitable railing. McRickard v. Flint, 114 N. Y. 222; Atkinson v. Abraham, 45 Hun, 238. And see Malloy v. N. Y. Real Est. Assn., 156 N. Y. 205. Provisions to safeguard elevator shafts, held reasonable. Racine v. Norris, 136 App. Div. 468, aff’d 201 N. Y. 240. § 374. Dumbwaiter shafts. — All dumbwaiter shafts hereafter created in any building, except such as do not extend more than three stories above the cellar or basement in dwelling houses, shall be enclosed in suitable walls of brick or with burnt-clay blocks, set in iron frames of proper strength, or fireproof blocks strengthened with metal dowels, or such other fireproof material and form of construc- tion as may be approved by the superintendent of buildings. Said walls or construction shall extend at least 3 feet above the roof and be covered with a skylight at least three-fourths the area of the shaft, made with metal frames and glazed. All openings in the inclosure walls or construction shall be provided with seif closing fireproof doors. When the shaft does not extend to the floor level of the lowest story, the bottom of the shaft shall be constructed of fireproof materials. BUILDING CODE 97 In buildings erected prior to the passage of this ordinance any existing dumbwaiter shaft which extends into the cellar or lowest story, except such as do not extend more than three stories above the cellar or basement in dwelling houses, shall be enclosed in the cellar or lowest story with walls of brick 8 inches thick, unless already enclosed in some form of construction conforming to the require- ments hereinbefore prescribed for new dumbwaiter shafts. All open- ings in said walls shall be provided with self closing fireproof doors. Requirement that dumb-waiter shafts be fireproofed held to apply to buildings erected before the provision was adopted. City N. Y. v. Foster, 148 App. Div. 258, aff’d 205 N. Y. 593. § 375. Fireproof shutters and doors. — 1. Buildings requiring. Every building which is more than 2 stories in height above the curb level, except dwelhng houses, hotels, school houses and churches, shall have doors, bhnds or shutters made of iron, hung to iron hang- ing frames or to iron eyes built into the wall, on every exterior win- dow and opening above the first story thereof, excepting on the front openings of buildings fronting on streets which are more than 30 feet in width or where no other buildings are within 30 feet of such openings. 2. Construction. The said doors, blinds or shutters may be con- structed of pine or other soft wood of two thicknesses of matched boards at right angles with each other, and securely covered with tin on both sides and edges, with folded lapped joints, the nails for fasten- ing the same being driven inside the lap; the hinges and bolts 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 2 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. 3. Shutters opening on fire-escapes. All shutters opening on fire- escapes, and at least 1 row, vertically, in every 3 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 fire- men. 4. Rolling shutters. All roUing iron or steel shutters hereafter placed in the first story of any building shall be counterbalanced so that said rolling shutters may be readily opened by the firemen. 5. Inside shutters of metal. No building hereafter erected other than a dwelling house or fireproof building shall have inside iron or steel shutters to windows above the first story. 6. Exemption. All windows and openings above the first story of any building may be provided with other suitable protection, or may be exempted from having shutters by the superintendent of building or the board of examiners, as the case may be. 7. Fireproof doors. All buildings specified in this section hereafter erected or altered having openings in interior walls shall be provided with suitable fireproof doors where deemed necessary by the superin- tendent of buildings. 8. Closing shutters and doors. All occupants of buildings shall close all exterior and interior fireproof shutters, doors and bfinds at the close of the business of each day. 7 1)8 CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 19 CHIMNEYS, FLUES AND HEATING APPLIANCES Sec. 390. Construction. § 391. Chimneys. § 392. Chimneys and fire-places. § 393. Flues. § 394. Smoke pipes. § 395. Hot-air heating. I 396. Vent flues. § 397. Heating furnaces and boilers. § 398. Steam and hot water pipes. § 399. Ranges and stoves. § 400. Drying rooms. § 401. Notice to be given of changes in plants. Sec. 390. Construction. — All fireplaces and chimneys in stone or brick walls in any building hereafter erected, except as herein other- wise provided, and any chimney or flue hereafter altered or repaired, without reference to the purpose for which they may be used, shall have the joints struck smooth on the inside, except when lined on the inside with pipe. No parging mortar shall be used on the in- side of any fireplace, chimney or flue. No wood casing, furring or lath shall be placed against or cover any smoke flue or metal pipe used to convey hot air or steam. § 391. Chimneys. — 1. Foundation and supports. No chimney shall be started or built upon any floor or beam of wood. Where chimneys are supported by piers, the piers shall start from the founda- tion on the same line with the chimney breast, and shall be not less than 12 inches on the face, properly bonded into the walls. When a chimney is to be cut off below, in whole or in part, it shall be wholly supported by stone, brick, iron or steel. In no case shall a chimney be corbeled out more than 8 inches from the wall, and in all such cases the corbeling shall consist of at least 5 courses of brick, but no corbeling more than 4 inches shall be allowed in 8-inch brick walls. 2. Dwellings and stables. On dwelling houses and stables, 3 stories or less in height, not less than 6 of the top courses of a chimney may be laid in pure cement mortar and the brickwork carefully bonded and anchored together in lieu of coping. 3. Foundry cupolas. Iron cupola chimneys of foundries shall extend at least 10 feet above the highest point of any roof within a radius of 50 feet of such cupola, and be covered on top with a heavy wire netting. No woodwork shall be placed within 2 feet of the cupola. 4. Repair and removal. All chimneys which shall be dangerous in any manner whatever, shall be repaired and made safe, or taken down. § 392. Chimneys and fire-places. — 1. Trimmer arches. All fire- places and chimney breasts, where mantels are placed, whether in- tended for ordinary fireplace uses or not, shall have trimmer arches to support hearths, and the said arches shall be at least 20 inches in width, measured from the face of the chimney breast, and they BUILDING CODE 99 shall be constructed of brick, stone or burnt clay. The length of a trimmer arch shall be not less than the width of the chimney breast. Wood centres under trimmer arches shall be removed before plaster- ing the ceiling underneath. 2. Fire-hacks. The firebacks of all fireplaces hereafter erected shall be not less than 8 inches in thickness, of solid masonry. When a grate is set in a fireplace a lining of firebrick, at least 2 inches in thickness, shall be added to the fireback, unless soapstone, tile or cast iron is used, and filled solidly behind with fireproof material. 3. Fire-place heaters. If a heater is placed in a fire-place, then the hearth shall be the full width of the heater. All fireplaces in which heaters are placed shall have incombustible mantels. 4. Fire-hoards. No fireplace shall be closed with a wood fireboard. 5. Mantels. No wood mantel or other woodwork shall be exposed back of a summer piece; the ironwork of the summer piece shall be placed against the back or stone work of the fireplace. § 393. Flues. — 1. Construction. All smoke flues shall extend at least 3 feet above a flat roof, and at least 2 feet above a peak roof. The stone or brickwork of the smoke flues of all boilers, furnaces, baker’s ovens, large cooking ranges, large laundry stoves, and all flues used for a similar purpose, shall be at least 8 inches in thickness, and shall be capped with terra-cotta^ stone or cast iron. 2. Boiler and furnace flues. The inside 4 inches of all boiler flues shall be fire-brick, laid in fire mortar, for a distance of 25 feet in any direction from the source of heat. All smoke flues of smelting fur- naces or of steam boilers, or other apparatus which heat the flues to a high temperature, shall be built with double walls of suitable thickness for the temperature, with an air space between the walls, the inside 4 inches of the flues to be of firebrick. 3. Flue linings. In all buildings hereafter erected every smoke flue, except the flues hereinbefore mentioned, shall be lined on the inside with cast iron or well-burnt clay, or terra-cotta pipe, made smooth on the inside, from the bottom of the flue, or from the throat of the fireplace, if the flue starts from the latter, and carried up con- tinuously to the extreme height of the flue. The ends of all such lin- ing pipes shall be made to fit close together, and the pipe shall be built in as the flue or flues are carried up. Each smoke pipe shall be inclosed on all sides with not less than 4 inches of brickwork properly bonded together. 4. Maintenance. All flues in every building shall be properly cleaned and all rubbish removed, and the flues left smooth on the inside upon the completion of the building. § 394. Smoke-pipes. — 1. Inside construction. No smoke pipe shall pass through any wood floor. No stovepipe shall be placed nearer than nine inches to any lath and plaster or board partition, ceiling or any woodwork. Smoke pipes of laundry stoves, large cooking ranges and of furnaces shall be not less than 15 inches from any woodwork, unless they are properly guarded by metal shields; if so, guarded stove-pipes shall be not less than 6 inches distant, smoke pipes of laundry stoves, large cooking ranges and of furnaces shall be not less than 9 inches distant from any woodvrork. Where smoke pipes pass through a lath and plaster partition they shall be guarded by galvanized iron ventilated thimbles at least 12 inches larger in diam- 100 CODE OF ORDINANCES OF THE CITY OF NEW YORK eter than the pipes, or by galvanized iron thimbles built in at least 8 inches of brickwork. 2. Through roofs. No smoke pipe shall pass through the roof of any building unless a special permit be first obtained from the bureau of buildings for the same. If a permit is so granted, then the roof through which the smoke pipe passes shall be protected in the follow- ing manner: A galvanized iron ventilated thimble of the following dimensions shall be placed; in case of a stovepipe, the diameter of the outside guard shall be not less than 12 inches and the diameter of the inner one 8 inches, and for all furnaces, or where similar large hot fires are used, the diameter of the outside guard shall be not less than 18 inches and the diameter of the inner one 12 inches. The smoke- pipe thimbles shall extend from the under side of the ceiling or roof beams to at least 9 inches above the roof, and they shall have open- ings for ventilation at the lower end where the smoke pipes enter, also at the top of the guards above the roof. Where a smoke pipe of a boiler passes through a roof, the same shall be guarded by a ventilated thimble, same as before specified, 36 inches larger than the diameter of the smoke pipe of the boiler. §395. Hot-air heating. — 1. Stationary furnaces. All brick hot-air furnaces shall have two covers, with an air space of at least 4 inches between them; the inner cover of the hot-air chamber shall be either a brick arch or 2 courses of brick laid on galvanized iron or tin, sup- ported on iron bars; the outside cover, which is the top of the furnace, shall be made of brick or metal supported on iron bars, and so con- structed as to be perfectly tight, and shall be not less than 4 inches below any combustible ceiling or floor beams. The walls of the furnace shall be built hollow in the following manner: One inner and one outer wall, each 4 inches in thickness, properly bonded together with an air space of not less than 3 inches between them. Furnaces must be built at least 4 inches from all woodwork. The cold-air boxes of all hot-air furnaces shall be made of metal, brick or other incombustible material, for a distance of at least 10 feet from the furnace. 2. Portable furnaces. All portable hot-air furnaces shall be placed at least 2 feet from any wood or combustible partition or ceiling, un- less the partitions and ceilings are properly protected by a metal shield, when the distance shall be not less than 1 foot. Wood floors under all portable furnaces shall be protected by 2 courses of brick- work well laid in mortar on sheet iron. Said brickwork shall extend at least 2 feet beyond the furnace in front of the ash pan. 3. Hot air pipes and ducts. All stone or brick hot-air flues and shafts shall be lined with tin, galvanized iron or burnt-clay pipes. Tin or other metal pipes in brick or stone walls, used or intended to be used to convey heated air, shall be covered with brick or stone at least 4 inches in thickness. Woodwork near hot-air pipes shall be guarded in the following manner: A hot-air pipe shall be placed inside another pipe, 1 inch larger in diameter, or a metal shield shall be placed not less than inch from the hot-air pipe; the outside pipe or the metal shield shall remain \Yi inches away from the woodwork and the latter must be tin lined, or in lieu of the above protection, 4 inches of brickwork may be placed between the hot-air pipe and the woodwork. This shall not prevent the placing of metal BUILDING CODE 101 lath and plaster directly on the face of hot-air pipes or the placing of woodwork on such metal lath or plaster, provided the distance is not less than Vs of an inch. No vertical hot-air pipe shall be placed in a stud partition, or in a wood inclosure, unless it be at least 8 feet distant in a horizontal direction from the furnace. Hot-air pipes in closets shall be double, with a space of 1 inch between them. Horizon- tal hot-air pipes shall be placed 6 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 be not less than 3 inches. 4. Registers. Registers located over a brick furnace shall be supported by a brick shaft built up from the cover of the hot-air chamber; said shaft shall be lined with a metal pipe, and all wood beams shall be trimmed away not less than four inches from it. Where a register is placed on any woodwork in connection with a metal pipe or duct, the end of the said pipe or duct shall be flanged over on the woodwork under it. All registers for hot-air furnaces placed in any woodwork or combustible floors shall have stone or iron borders firmly set in plaster of paris or gauged niortar. All register boxes shall be made of tin plate or galvanized iron 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 2 inches on all sides of the register box, extending from the under side of the border to and through the ceiling below. The said opening shall be fitted with a tight tin or galvanized iron casing, the upper end of which shall be turned under the frame. When a register box is placed in the floor over a portable furnace, the open space on all sides of the register box shall be not less than 3 inches. When only one register is connected wdth a furnace said register shall have no valve. § 396. Vent flues . — Vent flues or ducts for the removal of foul or vitiated air in which the temperature of the air cannot exceed that of the rooms, may be constructed of iron, or other incombustible material, and shall not be placed nearer than 1 inch to any woodwork, and no such pipe shall be used for any other purpose. In the support or construction of such ducts, if placed in a public school room, no wood furring or other inflammable material shall be nearer than 2 inches to said flues or ducts, and shall be covered on all sides other than those resting against brick, terra-cotta, or other incombustible material, with metal lath plastered with at least 2 heavy coats of mortar, and having at least 3^ inch air space between the flues or ducts and the lath and plaster. § 397. Heating furnaces and boilers . — A brick-set boiler shall not be placed on any wood or combustible floor or beams. Wood or combustible floors and beams under and not less than 3 feet in front and 1 foot on the sides of all portable boilers shall be protected by a suitable brick foundation of not less than 2 courses of brick well laid in mortar on sheet iron; the said sheet iron shall extend at least 24 inches outside of the foundation at the sides and front. Bearing lines of bricks, laid on the flat, with air spaces between them, shall be placed on the foundation to support a cast-iron ash pan of suitable thickness, on which the base of the boiler, shall be placed and shall have a flange, turned up in the front and on the sides, 4 inches high; said pan shall be in w'idth not less than the base of the boiler and shall extend at least 2 feet in front of it. If a boiler is supported on a 102 CODE OF ORDINANCES OF THE CITY OF NEW YORK cast-iron base with a bottom of the required thickness for an ash pan, and is placed on bearing lines of brick in the same manner as specified for an ash pan, then an ash pan shall be placed in front of tne said base and shall not be required to extend under it. All lath and plaster and wood ceiling and beams over and to a distance of not less than 4 feet in front of all boilers shall be shielded with metal. The distance from the top of the boiler to said shield shall be not less than 12 inches. No combustible partition shall be within 4 feet of the sides and back and 4 feet from the front of any boiler, unless said partition shall be covered with metal to the height of at least 3 feet above the floor, and shall extend from the end or back of the boiler to at least 5 feet in front of it; then the distance shall be not less than 2 feet from the sides and 5 feet from the front of the boiler. § 398. — Steam and hot water pipes. — Steam or hot water heating pipes shall not be placed within 2 inches of any timber or woodwork, unless the timber or woodwork is protected by a metal shield; then the distance shall be not less than 1 inch. All steam or hot water heating pipes passing through floors and ceilings or lath and plas- tered partitions shall be protected by a metal tube 1 inch larger in diameter than the pipe having a metal cap at the floor, and where they are run in a horizontal direction between a floor and ceiling, a metal shield shall be placed on the under side of the floor over them, and on the sides of wood beams running parallel with said pipe. All wood boxes or casings inclosing steam or hot water heat- ing pipes and all wood covers to recesses in walls in which steam or hot water heating pipes are placed, shall be lined with metal. All pipes or ducts used to convey air warmed by steam or hot water shall be of metal or other fireproof material. All steam and hot water pipe covering shall consist of fireproof materials only. § 399. Ranges and stoves. — 1. Kitchen ranges. Where a kitchen range is placed from 12 to 6 inches from a wood stud partition, the said partition shall be shielded with metal from the floor to the height of not less than 3 feet higher than the range; if the range is within 6 inches of the partition, then the studs shall be cut away and framed 3 feet higher and 1 foot wider than the range, and filled in to the face of the said stud partition with brick or fireproof blocks, and plastered thereon. All ranges on wood or combustible floors and beams that are not supported on legs and have ash pans 3 inches or more above their base, shall be set on suitable brick foundations, consisting of not less than 2 courses of brick well laid in mortar on sheet iron, except small ranges such as are used in apartment houses that have ash pans 3 inches or more above their base, which shall be placed on at least 1 course of brickwork on sheet iron or cement. No range shall be placed against a furred wall. 2. Hotel or restaurant ranges. All lath and plaster or wood ceilings over all large ranges and ranges in hotels and restaurants, shall be guarded by metal hoods placed at least 9 inches below the ceiling. A ventilating pipe connected with a hood over a range shall be at least 9 inches from all lath and plaster or woodwork, and shielded. If the pipe is less than 9 inches from lath and plaster and woodwork, then the pipe shall be covered with 1 inch of asbestos plaster on wire mesh. No ventilating pipe connected with a hood over a range shall pass through any floor. BUILDING CODE 103 3. Heating stoves. All stoves for heating purposes shall be properly supported on iron legs resting on the floor 3 feet from all lath and plaster or woodwork; if the lath and plaster or woodwork is properly protected by a metal shield, then the distance shall be not less than 18 inches. A metal shield shall be placed under and 12 inches in front of the ash pan of all stoves that are placed on wood floors. 4. Laundry stoves. Laundry stoves on wood or combustible floors shall have a course of bricks, laid on metal, oftt the floor under and extended 24 inches on all sides of them. 5. Gas stoves. All low gas stoves shall be placed on iron stands, or the burners shall be at least 6 inches above the base of the stoves, and metal guard plates placed 4 inches below the burners, and all woodwork under them shall be covered with metal. § 400. Drying rooms. — All walls, ceilings and partitions inclosing drying rooms, when not made of fireproof material, shall be wire- lathed and plastered, or covered with metal, tile or other hard in- combustible material. § 401. Notice to be given of changes in plants. — In cases where hot water, steam, hot air or other heating appliances or furnaces are hereafter placed in any building, or flues or fireplaces are changed or enlarged, due notice shall first be given to the superintendent of buildings by the person or persons placing the said furnace or furnaces in said building, or by the contractor or superintendent of said work. ARTICLE 20 CONSTRUCTION ABOVE ROOF Sec. 420. Mansard roofs. § 421. Roofing and leaders. § 422. Cornices and gutters. § 423. Bulkheads and scuttles. § 424. Staging or stands on roof. § 425. Sky-lights. § 426. Tanks. § 420. Mansard roofs. — If a mansard or other roof of like character having a pitch of over 60 degrees be placed on any building, except a wood building, or a dwelling house not exceeding 3 stories nor more than 40 feet in height, it shall be constructed of iron rafters and lathed with iron or steel on the inside and plastered, or filled in with fireproof material not less than 3 inches thick, and covered with metal, slate or tile. §421. Roofing and leaders. — 1. Roofing. The planking and sheath- ing of the roofs of buildings shall not in any case be extended across the side or party wall thereof. Every building and the tops and sides of every dormer window thereon shall be covered and roofed with brick, tile, slate, tin, copper, iron; or plastic slate, asphalt, slag, or gravel may be used, provided such roofing shall be composecl of not less than 5 layers of roofing felt, cemented together and fin- ished with not less than 10 gallons of coal tar, pitch or asphalt to each 100 square feet of roof, or such other quality of fireproof roofing 104 CODE OF ORDINANCES OP THE CITY OF NEW YORK as the superintendent of buildings, under his certificate, may au- thorize and the outside of the frames of every dormer window here- after placed upon any building shall be made of some fireproof material. No wood building within the fire limits more than 2 stories or above 20 feet in height above the curb level to the highest part thereof, which shall require roofing, shall be roofed with any other roofing or covered except as aforesaid. Nothing in this sec- tion shall be construed to prohibit the repairing of any shingle roof, provided the building is not altered in height. 2. Leaders. All buildings shall be kept provided with proper metalhc leaders for conducting water from the roofs in such manner as shall protect the walls and foundations, of said buildings from injury. In no case shall the water from leaders be allowed to flow upon the sidewalk, but the same shall be conducted by pipe or pipes to a sewer. If there be no sewer in the street upon which such build- ings front, then the water from said leader shall be conducted by proper pipe or pipes, below the surface of the sidewalk to a street gutter. § 422. Cornices and gutters. — On all buildings hereafter erected within the fire limits, the exterior cornices, inclusive of those on show windows, and gutters shall be of some fireproof material. All fireproof cornices shall be well secured to the walls with iron anchors, independent of any woodwork. In all cases the walls shall be car- ried up to the planking of the roof. Where the cornice projects above the roof the walls shall be carried up to the top of the cornice. The party walls shall in aU 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 some fireproof material. All exterior cornices of wood or gutters that may hereafter be dam- aged by fire to the extent of one-haK shaU be taken down, and if replaced shall be constructed of some fireproof material; but if not damaged to the extent of one-haK, the same may be repaired with the same kind of material of which they were originally constructed. § 423. Bulkheads and scuttles. — Bulkheads used as inclosures for tanks and elevators, and coverings for the machinery of elevators and all other bulkheads, including the bulkheads of all dwelling houses more than 4 stories in height hereafter erected or altered, may be constructed of hollow fireproof blocks; or of wood covered with not less than 2 inches of fireproof material, or filled in the thickness of the studding with such material, and covered on all outside sur- faces with metal, including both surfaces and edges of doors. All such buildings shall have scuttles or bulkheads covered with some fireproof materials, with ladders or stairs leading thereto, and easily accessible to all occupants. No scuttle shall be less in size than 2 by 3 feet. § 424. Staging or stands on roofs. — No staging or stand shall be constructed or occupied upon the roof of any building without first obtaining the approval of the superintendent of buildings. § 425. Skylights. — All skylights having a superficial area of more than nine square feet, placed in any building, shall have the sashes and frames thereof constructed of iron and glass. Every fireproof roof hereafter placed on any building shall have, besides the usual BUILDING CODE 105 scuttle or bulkhead, a skylight or skylights of a superficial area equal to not less than 1-50 the superficial area of such fireproof roof. Sky- lights hereafter placed in public buildings, over any passageway or room of public resort, shall have immediately underneath the glass thereof a wire netting, unless the glass contains a wire netting within itself. § 426. Tanks. — Tanks containing more than 500 gallons of water or other fluid hereafter placed in any story, or on the roof or above the roof of any building now or hereafter erected, shall be supported on iron or steel beams of sufficient strength to safely carry the same; and the beams shall rest at both their ends on brick walls or on iron or steel girders or iron or steel columns or piers of masonry. Under- neath any said water tank or on the side near the bottom of the same, there shall be a short pipe or outlet, not less than four inches in diameter, fitted with a suitable valve having a lever or wheel handle to same, so that firemen or others can readily discharge the weight of the fluid contents from the tank, in case of necessity. Such tanks shall be placed where practicable at one corner of a building, and shall not be placed over nor near a line of stairs. Covers on top of water tanks placed on roofs, if of wood, shall be covered with tin. ARTICLE 21 CONSTRUCTION GENERALLY Sec. 440. Appartment houses and tenement houses. § 441. Apartment houses, tenement houses and dwellings. § 442. Cellars. § 443. Partitions. § 444. Studded-off spaces in walls. § 445. Wainscoting. § 446. Floor lights. § 447. Pipes. § 448. Gas appliances. § 449. Bay, oriel and show windows. § 450. Areas. § 451. Vaults under sidewalks. Sec. 440. Apartment houses and tenement houses. — 1. Fireproofing lower stories. Every non-fireproof building hereafter erected or altered for an apartment house or tenement house, 5 stories in height, or haying a basement and 4 stories in height above a cellar, to be occupied by 1 or more families on any floor above the first shall have the first floor above the cellar or lowest story constructed fire- proof in such manner as required in § 352 of this chapter. When any such non-fireproof building exceeding 5 stories in height or having a basement and 5 stories in height above a cellar has a store on the first story, the entire second story floor shall also be constructed fireproof. 2. Inclosure of halls and stairs. All non-fireproof apartment houses and tenement houses exceeding 5 stories in height, or having a base- ment and fiye stories in height above a cellar, shall be constructed as in this section before described, and shall also have the halls and 106 CODE OF ORDINANCES OF THE CITY OP NEW YORK stairs inclosed with 12-irich 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 outside bearing walls does not exceed 33 feet, and the area between the said brick inclosure walls does not exceed 180 superficial feet. 3. Floors, stairs and ceilings. The floors, stairs and ceilings in said halls and stairways shall be made of iron, steel, brick, stone, tile, cement or other hard incombustible materials, excepting that the flooring and sleepers underneath the same may be of wood and the liandrails of the stairs may be of hard wood, and the treads may be of oak not less than P/g inches in thickness, provided that where such wooden treads are used the under side 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 fireproof materials. The said halls and stairways shall have a connecting fireproof hallway inclosed with suitable walls of brick or such other fireproof materials, including the ceiling in all cases, as may be ap- proved by the superintendent of buildings, in the first story and extend to the street. §441. Apartment houses, tenement houses and dwellings. — 1. Fire- proofed according to height. No non-fireproof apartment house, tenement house or dwelling house shall be hereafter erected more than 6 stories in height, nor exceed a height of 75 feet, unless such building has both the first and second story floors constructed fire- proof, and then the height shall not be more than 7 stories nor exceed 85 feet in height. Fireproof apartment houses or tenement houses, if constructed entirely in accordance with the requirements of article 17 of this chapter for fireproof construction, may be erected to a height not to exceed 150 feet, but not more than 12 stories in height upon all streets and avenues exceeding 79 feet in width, and 125 feet, but not more than 10 stories in height upon all streets and avenues not exceeding 79 feet in width, but any such building, when exceed- ing 100 feet in height, shall be not less than 40 feet in width. 2. Fire-proof stairways. If any such building shall have a frontage exceeding 40 feet and exceeds 85 feet in height, it shall have at least 2 separate fireproof stairways accessible from each apartment, leading from the ground floor to the roof, one of which shall be remote from elevator shafts. The stairs from the cellar or lowest story to the fireproof floor next above, when placed within any such building, shall be located, when practicable, to the rear of the staircase leading from the first story to the upper stories and be inclosed with brick or stone walls, and such stairway shall be provided with self-closing fireproof doors at the top and bottom of said flight of stairs. When such stairway is placed underneath the first story staircase, it shall be constructed fireproof and be roofed over with fireproof material, and be also inclosed with brick walls, with self-closing fireproof doors at the top and bottom of said flight of stairs. When the stairs from the first story to the cellar or lowest story are located in an open side court, the door leading thereto from the first story may be placed underneath the staircase in the first story, and the strings and rail- ings of such outside stairs shall be of iron, and, if the stairs be in- BUILDING CODK 107 closed from the weather, incombustible material only shall be used for that purpose. No closet shall be constructed underneath the first story staircase, but the space thereunder shall be left entirely open and kept free from incumbrance; but this shall not prohibit the inclosing without openings the under portions of the staircase from the foot of the same to a point where the height from the floor line to the soffit of the staircase shall not exceed 5 feet. § 442. Cellars. — 1. Ceilings. The ceiling over every cellar or lowest floor in every residence building more than 4 stories in height, hereafter erected, when the beams are of wood, shall be lathed with iron or wire lath and plastered thereon with 2 coats of brown mortar of good materials, or such other fireproof covering as may be ap- proved by the superintendent of buildings. 2. Floors. The floor of the cellar or lowest story in every dwelling house, apartment house, tenement house, lodging house, hotel, work- shop, factory, school, church, hospital and asylum hereafter erected, shall be concreted not less than 4 inches thick. Where wood floors are to be laid in such cellars or lowest stories, the sleepers shall be placed on top of the concrete. 3. Sewer connection. Before the walls of buildings are carried up above the foundation walls the cellar shall be connected with the street sewers. Should there be no sewer in the street, or if the cellars are below water level, or below the sewer level, then provision shall be made by the owner to prevent water accumulating in the cellars to the injury of the foundations. § 443. Partitions. — In residence buildings, where fore-and-aft stud partitions rest directly over each other, they shall run down between the wood floor beams and rest on the top plate of the par- tition below, and shall have the studding filled in solid between the uprights to the depth of the floor beams with suitable incombustible materials. § 444. Studded-off spaces in walls. — Where walls are studded-off, the space between the inside face of the wall and the studding shall be fire-stopped with fireproof material placed on the under side of the wood beams above, for a depth of not less than 4 inches, and be securely supported; or the beams directly over the studded-off space shall be defended with not less than 4 inches of fireproof material, which may be laid on boards cut in between the beams. § 445. Wainscoting. — When wainscoting is used in any building hereafter erected, the surface of the wall or partition behind such wainscoting shall be plastered flush with the grounds and down to the floor line. § 446. Floor lights. — Floor lights, used for transmission of light to floors below, shall be constructed of metal frames and bars or plates, and if any glass in same measures more than 16 square inches, the glass shall be provided with a mesh of wire either in the glass or under the same, and the floor lights shall be of the same propor- tional strength as the floors in which they are placed. § 447. Pipes. — 1. Installation. No gas, water or other pipe which may be introduced into any building shall be let into beams unless the same be placed within 36 inches of the end of the beam and in no building shall a pipe be let into a beam more than 2 inches in depth. All such pipes shall be installed in accordance with the 108 CODE OF ORDINANCES OF THE CITY OF NEW YORK rules and regulations prescribed by the superintendent of build- ings. 2. Protection of ducts. All ducts for pipes, wires, and other similar purposes shall be inclosed on all sides with fireproof material, and the opening through each floor shall be properly fire-stopped. § 448. Gas appliances. — All piping for gas supply shall be installed as prescribed in § 603 of this chapter. 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 be not less than 18 inches. No swinging or folding gas bracket shall be placed against any stud partition or woodwork. No gas bracket on any lath and plaster partition or woodwork shall be less than 5 inches in length, measured from the burner to the plaster surface or woodwork. Gashghts placed near window curtains or any other combustible material shall be protected by a proper shield. § 449. Bay, oriel and show windows. — Bay windows, oriel windows and show windows on the street front or side of any building may project not more than 1 foot beyond the building line and shall be constructed of such materials and in such manner as will meet with the approval of the superintendent of buildings. Any such window that does not extend more than 3 feet above the second-story floor of any dwelhng house may be built of wood covered with metal. § 450. Areas. — All areas shall be properly protected with suitable railings or covered over. When areas are covered over, iron and glass, combined, stone or other incombustible materials shall be used and supported on brick or stone walls, or on iron or steel beams. See notes to areas in Chapter 23, Streets. § 451. Vaults under sidewalks. In buildings where the space under the sidewalk is utilized, a sufficient stone or brick wall, or brick arches between iron or steel beams, shall be built to retain the roadway of the street, and the side end or party walls of such build- ing 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, or for manholes, or for any other purposes, if placed outside the area line, shall be covered with glass set in iron frames, each glass to measure not more than 16 square inches, or with iron covers having a rough surface, and rabbeted flush with the sidewalk. When any such cover is placed in any sidewalk, it shall be placed as near as practicable to the outside hne of the curb. All vaults shall be thoroughly ventilated. See chapter 23, Streets, for other provisions on vaults. ARTICLE 22 FRAME CONSTRUCTION Sec. 470. Frame structures within the fire limits. § 471. Construction of buildings, outside of fire limits. § 472. Buildings in undeveloped sections. § 470. Frame structures within the fire limits. — 1. Application. The provisions, in this section contained, shall apply to buildings BUILDING CODE 109 and structures, whether temporary or permanent, within the fire limits, as the said fire limits now are or may hereafter be established. 2. Temporary structures. Temporary structures shall be taken to mean and include platforms, stands, election booths, temporary buildings and circus tents. 3. Fences, Before the erection of any fence shall have been commenced, a permit for the erection of the same shall be obtained from the super- intendent of buildings having jurisdiction, as provided in § 3 of this chapter. Each application for the erection of any fence shall be ac- companied by a written consent of the owner or owners, or the lessee or lessees of the property upon which it is to be erected. Fences shall not be at any point over 10 feet above the adjoining ground; except that when any fence shall be constructed entirely of metal or of wood covered on all sides with sheet metal, including the up- rights, supports and braces for same, it shall not be at any point over 18 feet 6 inches above the adjoining ground. All fences shall be erected entirely within the building line, and be properly secured, supported and braced, and shall be so constructed as not to be or become dangerous. 4. Piazzas, balconies and hay windows. Piazzas or balconies of wood on buildings other than frame buildings which do not exceed 8 feet in width, and which do not extend more than 3 feet above the second story beams, may be erected, provided a permit from the superintendent of buildings be granted therefor. 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 8 inches thick, carried up above the roof of such piazza or balcony, and coped with stone. The roofs of all piazzas shall be covered with some fireproof materials. Frame buildings already erected may have placed on any story piazzas, balconies, or bay windows of wood the roofs of which may be covered with the same material as the roof of the main building. 5. Outhouses. Exterior privies, and wood or coal houses, not exceeding 150 square feet in superficial area and 8 feet high, may be built of wood, but the roofs thereof must be covered with metal, gravel or slate. 6. Sheds. Sheds of wood not over 15 feet high, open on at least one side, with the sides and roof covered with fireproof material, may also be built, but a fence shall not be used as the back or side thereof. Such sheds shall not cover an area exceeding 2,500, except by permission of the superintendent of buildings. 7. Temporary one-story frame buildings may be erected for the use of builders, within the limits of lots whereon buildings are in course of erection, or on adjoining vacant lots, upon permits issued by the superintendent of buildings. This section must be applied in connection with Article 16, chapter 23, regulating signs and showbills. It is derived in part from B. C., § 144 and the following cases applied to the law as it then existed: A permit cannot be granted to one citizen to do that which would be penal in another. City of Brooklyn v. Furey, 9 Misc. 192. A charter provision granting a city power to regulate height of bill-boards, held to be within police power. City of Rochester v. West, 164 N. Y. 510; Gunning v. City of Buffalo, 75 App. Div. 31. Must have permit to erect a sky sign. Matter of City of N. Y., 122 App. Div. 741 ; Kobbe Co. v. City of N. Y., 122 App. Div. 755; City of N. Y. v. Wineburgh, 122 1 10 CODE OF ORDINANCES OF THE CITY OF NEW YORK App. Div. 748; City of N. Y. v. Wineburgh, 124 App. Div. 641. Ordinances reg- ulating height of sky signs are unauthorized unless passed under police power. People ex rel. Wineburgh Adv. Co. v. Murphy, 195 N. Y. 126, affg. 129 App. Div. 260. As to bill-boards on sidewalks, see Sullivan Adv. Co. v. City of N, Y., 61 Misc. 425. This was later amended. , Bill-board restrictions are reasonable and valid exer- cise of police power. People ex rel. Van Buren v. Miller, 161 App. Div. 138. §471. Construction of buildings, outside of fire limits. — 1. Aj) pli- cation of section. The provisions of this section shall apply to frame or other buildings hereafter erected outside of the fire limits, as the same are now or may hereafter be established, in portions of the city where streets are now and where they may hereafter be legally established. 2. Height. Three-story frame buildings may be erected to a height of 40 feet, said height being taken from the curb-line, where same exits, at the centre of front or side of building on which main en- trance to upper Boors is located. Where the walls of a building do not adjoin the street or building line then the average level of the ground on which the building stands may be taken in place of the curb-line. The measurement for height shall be to the highest point of roof beams in case of flat roof buildings, and to the average height of gable or roof in case of pitched roofs. Towers, turrets and minarets of wood may be erected to a height not to exceed 15 feet greater than the foregoing limited height, except that the spires of churches may be erected of wood to a height not exceeding 90 feet from the ground. 3. Footings. All footings or bottom stones shall be at least 6 inches wider on each side than bottom width of foundation walls above, except where the outside of the foundation wall sets on the prop- erty line, in which case 6 inches wider on the inside shall be sufficient. The thickness of footings shall be not less than 8 inches, if of stone, and not less than 12 inches if of concrete. 4. Foundations. Foundations for frame structures shall be laid not less than 4 feet below the finished surface of the earth or upon the surface where there is rock bottom, or upon piles or ranging timbers where found necessary. The foundation walls of frame structures exceeding 15 feet in height, if of stone, shall be not less than 18 inches thick, and if of brick not less than 12 inches to the grade and 8 inches thick to the under side of the sill. 5. Walls. If the foundation and first story walls are constructed of brick the foundation walls shall be not less than 12 inches thick to the first tier of beams and 8 inches thick from first tier to second tier of beams; or if these walls are constructed of stone they shall be not less than 20 inches for the foundation wall and 18 inches for the first story wall; and if the walls are faced with stone ashlar the total thickness shall be 4 inches greater than in this section specified. In the foundation walls there may be recesses not more than 8 feet long for stairs, with brick walls not less than 8 inches thick. Out- side of the fire limits, when any brick or stone building is to be erected of a class that could, under this chapter be constructed of wood, the superintendent of buildings is hereby authorized and directed to allow reasonable modifications of this chapter relating to brick buildings, in consideration of incombustible material being used for walls instead of wood. BUILDING CODE 111 6. Chimneys and flues. All chimneys in frame buildings shall be built of brick or stone or other fireproof material. If of brick the flues shall have walls at least 8 inches thick, except where flues are lined with burnt-clay pipe, in which case the walls around flues may be 4 inches thick. All flue linings shall extend at least 1 foot above the roof boards. Where chimneys are built of stone the walls of the flues shall be not less than 8 inches on all sides, and shall be lined with burnt-clay pipe. All chimneys shall be topped out at least 4 feet above the highest point of contact with the roof, and be properly capped. Chimneys in party walls or serving 2 rooms on the same floor may be built in the walls or partitions; elsewhere, they shall be built inside of the frame, except in the case of orna- mental or exposed chimneys. 7. Fire sto'pjring. In no case shall a frame building be erected within 3 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 2K inches of brickwork or other fireproof material. When 2 or more such buildings are built continuous, the party or division studding shall be not less than 4 inches thick and filled solidly with brick- work or other fireproof material extending to the under side of roof boards. When the division walls are of brick they shall be not less than 8 inches thick above the foundation wall and extending to under side of roof boards, and the ends of the floor beams shall be so sep- arated that 4 inches of brick will be between the beams where they rest on said walls. 8. Frame work. The sills of all frame dwellings, except where the first floor is used for store or business purposes, shall be not less than 2 feet above the ground to the under side of same. All frame or wood buildings exceeding a height of 15 feet shall be built with sills, posts, girts, plates and rafters, all of suitable size and properly framed and braced with suitable stud or planks set at proper distance apart; but this shall not prohibit the use of balloon framing. The floor beams and rafters shall be not less than 2 inches in thickness. 9. Rooflng. The covering of the roof may be of shingle. 10. Shafts. The walls of light and vent shafts, whether exterior or interior, in frame buildings, may be constructed of frame. 11. Cellar work. Posts of locust or other hard wood and wood girders may be used instead of brick fore-and-aft partitions in cellars of frame buildings, and it shall not be necessary to use metal or wire lath for the ceilings of cellars or lowest floors of any frame build- ing. The cellar stairs in frame buildings may be placed directh' under main stairs, and no brick wall shall be necessary to inclose the same; nor shall areas be required to be built across the front of frame buildings except where the cellar or basement is used for living purposes. 12. Plumbing, drainage and heating. The regulations governing plumbing, drainage and heating, also steam and hot-air pipes and registers, where the same extend through or along stud partitions, shall also apply to frame buildings. 13. Alterations, repairs, etc. Frame buildings may be altered, extended, raised or repaired, provided the new portions comply with the provisions of this section. 112 CODE OF ORDINANCES OP THE CITY OF NEW YORK 14. Occupancy. No frame building exceeding 3 stories in height shall hereafter be erected to be occupied by more than 3 families, nor shall any frame building already erected be altered to be oc- cupied by more than 4 families, nor more than 3 stories in height. § 472. Buildings in undeveloped sections. — Within sections of the city where streets have not been or are not legally established and are outside of the prescribed fire limits or suburban limits, as defined in article 5 of this chapter, no building or structure other than small outhouses shall be erected without first filing plans and a detailed statement of the proposed construction and obtaining an approval therefor, as provided in § 3 of this chapter. Within such sections of the city, hotels, tenement houses for occupancy by not more than 4 families, and places of public assembly may be built of wood, but shall in all other respects comply with the several provisions of this chapter, relating to such structures; but for all other buildings or structures only so much of the requirements, regulations and restrictions of this chapter shall apply as in the opinion of the super- intendent of buildings may be necessary for safety and health. The purpose of this section is to permit greater freedom in construc- tion and in plumbing and drainage of buildings in the outlying and undeveloped sections of the city than in those sections for which a street system has been adopted by the municipality or established by law. ARTICLE 23 BUILDINGS OF A PUBLIC CHARACTER Sec. 490. Public safety. § 491. Aisles and passageways. § 492. Enforcement of article. § 493. Exemptions. Sec. 490. Public safety. — In all buildings of a public character, such as hotels, churches, theatres, restaurants, railroad depots, public halls, and other buildings used or intended to be used for purposes of public assembly, amusement or instruction, and including depart- ment stores and other business and manufacturing buildings where large numbers of people are congregated, the halls, doors, stairways, seats, passageway and aisles, and all lighting and heating appliances and apparatus shall be arranged as the 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 pro- tection in such cases. (See Article 25 infra.) § 491. Aisles and passageways. — All aisles and passageways in said buildings shall be kept free from camp stools, chairs, sofas and other obstructions, 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. (B. C., sec. 108, rev. from L. 1882, ch. 410, § 499, as amend. Ord. Dec. 19, 1911.) This section must be literally construed. It is not necessary, in order to recover the penalty from the manager, to prove that he personally knew of the violation, as he is held responsible for the acts of his servants. If any one stood or obstructed BUILDING CODE 113 an aisle or passageway, the manager is guilty. Fire Dept. v. Stetson, 14 Daly 125; Fire Dept. v. Hill, 14 N. Y. Supp. 158. But where there are people standing in vacant space which is not used for either an aisle or a passageway, the statute is not violated. Sturgis v. Grau, 39 Misc. Rep. 330. “Aisle,” in the s^tute, means aisle of a theatre as built and actually used. Sturgis v. Coleman, 38 Misc. 302. See also chapter 3, Amusements and Exhibitions, chapter 12, article 2, Fire Pre- vention. § 492. Enforcement of article . — The superintendent of buildings may at any time serve a written or printed notice upon the owner, lessee or manager of any of said buildings, directing any act or thing to be done or provided in or about the said buildings and the several appliances therewith connected, such as halls, doors, stairs, windows, seats, aisles, fire walls, fire apparatus and fire-escapes, as he may deem necessary. § 493. Exemptions . — Nothing herein contained shall be construed to authorize or require any other alterations to theatres existing prior to June 9, 1885, than are specified in this article. ARTICLE 24 MOTION PICTURE THEATRES Sec. 500. Plans. § 501. Restrictions. § 502. Construction. § 503. Means of egress. § 504. Booth for projecting-machine and film. § 505. Application to existing theatres. § 506. Open-air motion-picture theatres. Sec. 500. Plans . — Before the erection, construction, or alteration of a building or part thereof, to be used as a motion-picture theatre, as defined in § 30 of chapter 3 of this ordinance, there must be filed with the appropriate superintendent of buildings complete plans and the detailed statement of the specifications therefor, required by § 3 of this chapter. The plans must show clearly and fully the loca- tion and width of all aisles, passageways, exits, stairways and fire escapes; the arrangement of seats; the size of floor beams, walls and supports; the location and construction of the enclosure for the motion-picture machinery and other apparatus; a diagram of the lot or plot upon which the theatre is to be erected or constructed, showing the outlets from all exits, and also such other statements, plans and details as may be required by the superintendent of build- ings having jurisdiction. See Chapter 3, Article 2, Motion Picture Exhibitions; Art. 23, ante. Buildings of a public character; Chapter 12, Art. 2, Fire Prevention. § 501. Restrictions . — No motion picture theatre, as defined afore- said, shall be constructed in a frame building within the fire limits, nor in a hotel, tenement house or lodging house, nor in a factory or workshop, except where the theatre is separated from the rest of the building by unpierced fire walls and floors, and in no case shall such a theatre be constructed or operated above or below the ground floor of any building. § 502. Construction . — In all motion-picture theatres, as defined 8 114 CODE OF ORDINANCES OF THE CITY OF NEW YORK aforesaid, to be hereafter constructed, the following requirements shall be complied with, namely: 1. Ceilings. The ceilings of all theatres and of all rooms used in connection therewith shall be plastered with 3 coats of first class plaster on wire mesh or metal lath, or covered with 3^-inch plaster boards, and plastered or covered with metal. If there be a basement or cellar, the ceiling under the floor of the theatre must be plastered with 3 coats of first class plaster on wire mesh or expanded metal lath, or may be covered with metal on 3^inch plaster boards. 2. Floor-loads. The flooring of that portion of the building de- voted to the uses or accommodation of the public must be of suffi- cient strength to bear safely a live load of 90 pounds per square foot. 3. Galleries and stairways. A gallery may be permitted, except in a theatre constructed on a lot less than 20 feet in width, but it shall not include more than 25 per cent, of the total seating capacity of the theatre. Entrance to and exit from the gallery shall in no case lead to the main floor of the theatre, and the gallery shall be provided with a stairway or stairways equipped with handrails on both sides. Stairways over 7 feet wide shall be provided with centre handrails. The risers of the stairways shall not exceed 7% inches, and the treads, excluding nosings, shall not be less than 93^ inches. There shall be no circular or winding stairways. The total width of the stairways shall not be less than 8 feet in the clear where the gallery accommodates 150 people; for every 50 people less than 150, accom- modated by the gallery, said width may be reduced 1 foot. Stair- ways shall be constructed of fireproof material, and such material and the bearing capacity of such stairways shall be approved by the bureau of buildings. 4. Gradients. To overcome any difference of level between corri- dors, lobbies and aisles in a theatre, gradients of not over 1 foot in 10 feet, or steps having a rise not over 8 inches and a width of not less than 10 inches shall be used. 5. Walls. If the walls of the theatre contain wooden studs they shall be covered either with expanded metal lath or wire mesh and plastered with 3 coats of first class plaster, or with metal on 34 inch plaster boards, and all joints shall be properly filled with mortar. § 503. Means of egress. — 1. Aisles. All aisles in a motion picture theatre or in a gallery thereof must be at least 3 feet in the clear. 2. Chair space. All chairs in such a theatre, except those con- tained in the boxes, must not be less than 32 inches from back to back and must be firmly secured to the floor; no seat shall have more than 7 seats intervening between it and an aisle, and the space occupied by each person shall be separated from the adjoining space by means of an arm or other suitable device. 3. Exits. A building to be erected or to be altered for use as a motion picture theatre must be provided, on the main floor thereof, with at least 2 separate exits, one of which shall be in the front and the other in the rear of the structure and both leading to unobstructed outlets to the street. Where the main floor of the theatre accom- modates more than 300 people, there shall be at least 3 such exits, the aggregate width in feet of which shall not be less than one- BUILDING CODE Ilo twentieth of the number of persons to be accommodated therein. No exit shall be less than 5 feet in width, and there shall be a main exit, not less than 10 feet in total width. All exit doors must be fire-proof and made to open outwardly, and be so arranged as not to obstruct the required width of exit or court when opened. All doors leading to fire escapes must be not less than 40 inches wide in the clear, and shall be located at the opposite side or end of the gallery from other exit doors. 4. Exit-passageivay to street. In any such building, if an unob- structed exit to a street cannot be provided at the rear thereof as herein specified, either an open court or a fireproof passageway or corridor must be provided, extending from the rear exit to the street front at least 4 feet in the clear for theatres accommodating 100 persons or less; the width to be increased 8 inches for every additional 100 persons to be accommodated. Such passageway or corridor must be constructed of fire-proof material and be at least 10 feet high in the clear. The walls forming such passageway or corridor must be at least 8 inches thick, and shall be constructed of brick or other approved fireproof material. If there be a basement, the wall on the auditorium side should either run 1 foot below the cellar bottom, or may be carried in the cellar on iron columns and girders below the cellar bottom, or on iron columns or girders properly fireproofed, according to § 350 of this chapter. The ceiling of such passageway must be constructed as required by § 352 of this chapter. If unobstructed rear exits or exits to a street are provided, they must be of the same total width required for the court, passageway or corridor above mentioned. The level of the open court or passage- way at the front of the building shall not be greater than 1 step above the level of the sidewalk, and the grade shall not be more than 1 foot in 10, with no perpendicular risers. 5. Fire-escapes. Galleries must also be provided with at least one line of fire escapes leading to an open court, fireproof passage or street without re-entering the same or any other building. If the fire escape leads to a point in the court nearer the street than any exit, there must be a width of not less than 4 feet in the clear be- tween the outer edge of the fire escape and the outer wall of the court. All fire escapes must have balconies, not less than 3 feet 4 inches in width in the clear, and not less than 4 feet 6 inches long and from said balconies there shall be stair-cases extending to the ground level, with a rise of not over 1% inches and a step of not less than inches, and the width of the stairs must not be less than 3 feet 4 inches. [Original misprint rearranged by editor to conform to C. O. § 352 D, subd. 4, 5, from which this section is taken.] § 504. Booth for projecting-machine and film. — Apparatus for projecting motion-pictures shall be contained in a fireproof booth or enclosure constructed as required by law. The booth in which the picture machine is operated shall be provided with an opening in its roof, or in the upper part of its side walls, leading to the out- door air, and with a vent flue, which shall have a minimum cross sectional area of 50 square inches and shall be fireproof. When the booth is in use, there shall be a constant current of air passing outward through said opening or vent flue, at the rate of not less than 30 cubic feet per minute. The requirements of this section shall 116 CODE OF ORDINANCES OF THE CITY OF NEW YORK apply to portable booths and booths in open-air theatres, as well as to motion-picture theatres. § 505. Application to existing theatres. — All the provisions of this article shall apply to existing places of entertainment where motion pictures are exhibited under common show licenses, in case the seating capacity be increased; and, in case the seating capacity be not increased, aU the provisions of this article shall apply, except the provisions of §§ 500, 501; subdivisions 1, 3 and 5 of § 502 and subdivisions 3, 4 and 5 of § 503, but the commissioner of licenses shall have power in his discretion to enforce the provisions of sub- divisions 3 and 4 of § 503, relating to exits and courts. An existing place of entertainment seating 300 persons or less, where motion pictures are exhibited in conjunction with any other form of entertainment, must comply, before a reissuance of its license, with the provisions of article 10 of this chapter, relating to theatres seating more than 300 persons. But, if such existing place of entertainment shall discontinue aU other form of entertainment except the exhibition of motion pictures, it may be licensed in ac- cordance with the provisions of first paragraph of this section. § 506. Open-air motion-picture theatres. — The seating capacity of each open-air motion-picture theatre, as defined in § 30 of chapter 3 of this ordinance, shall be such as shall be prescribed by the commis- sioner of licenses. All such theatres shall conform to the following requirements: 1. Aisles. The number and width of aU aisles shall be as pre- scribed by the superintendent of buildings, but no aisle shall be less than 4 feet wide; 2. Exits. At least 2 separate exits, remote from each other, shall be provided, and no exit shall be less than 5 feet in width; for every 25 persons to be accommodated in excess of 300, the total width of exits shall be increased 1 foot. All exits must be indicated by signs and red lights, and doors must open outwardly; 3. Seats. Seats must be stationary, with backs 32 inches apart, and so arranged that no seat shall have more than 7 seats intervening between it and an aisle. Chairs must be either securely fastened to a wood or concrete floor, or all chairs in a row must be fastened together, and at least 4 rows must be securely fastened to 1 frame; except that, where refreshments are served, tables and unattached chairs or benches used with them may be permitted; 4. Floors. The floor must be constructed either of wood, with sleepers, or concrete; it must extend at least 5 feet from the seats on all sides; provided, however, that, in the discretion of the com- missioner of licenses, a gravel floor may be substituted for wood or concrete. In addition to the foregoing requirements, the provisions of sub- divisions 2 and 4 of § 502, and § 504 of this article shall apply to all open-air motion picture theatres. ARTICLE 25 THEATRES AND OTHER PLACES OF AMUSEMENT Sec. 520. Application of article. § 521. Buildings must be approved. BUILDING CODE 117 § 522. Auditorium walls. § 523. Dressing rooms. § 524. Fire extinguishing appliances. § 525. Heating plant. § 526. Lights. § 527. Means of egress. § 528. Partitions and walls. § 529. Proscenium construction. § 530. Protective curtain. § 531. Roof of auditorium. § 532. Seats. § 533. Stage. § 534. Miscellaneous requirements. § 535. Storage rooms; workshops. § 536. Use and occupancy. § 537. Jurisdiction of fire commissioner. § 538. Saving clause. See Arts. 23 and 24 ante; ch. S, Amusements and Exhibitions; ch. 12, Art. 2, Fire Prevention. § 520. Application of article. — Every theatre or opera house or other building intended to be used for theatrical or operatic pur- poses, or for public entertainment of any kind, hereafter erected for the accommodation of more than 300 persons, shall be built to comply with the requirements of this article. No building which, at the time of the passage of this ordinance is not in actual use for theatrical or operatic purposes, and no building hereafter erected not in con- formity with the requirements of this section, shall be used for theatrical or operatic purposes, or for pubhc entertainments of any kind, until the same shall have been made to conform to the require- ments of this article. § 521. Buildings must he approved. — No building described in the preceding section of this article shall be opened to the public for theatrical or operatic purposes, or for pubhc entertainments of any kind, until the fire commissioner and the superintendent of build- ings shall have approved the same in writing as conforming to the requirements of this article. § 522. Auditorium walls. — Interior walls built of fireproofing materials shall separate the auditorium from the entrance vestibule, and from any room or rooms over the same, also from lobbies, cor- ridors, refreshment or other rooms. § 523. Dressing rooms. Dressing rooms may be placed in the fly galleries, provided that proper exits are secured therefrom to the fire escapes in the open courts, and that the partitions and other matters pertaining to dressing rooms shall conform to the require- ments herein contained, but the stairs leading to the same shall be fire-proof. All dressing rooms shall have an independent exit leading directly into a court or street, and shall be ventilated by windows in the external walls; and no dressing room shall be below the street level. All windows shall be arranged to open, and none of the windows in outside walls shall have fixed sashes, iron grills or bars. § 524. Fire-extinguishing appliances. — In every building de- scribed in § 520 of this article there shall be provided : 118 CODE OF ORDINANCES OF THE CITY OF NEW YORK 1. Hose. A proper and sufficient quantity oi 2}/^ inch hose, not less than 100 feet in length, fitted with the regulation couplings of the fire department and with nozzles attached thereto, and with hose spanners at each outlet, shall always be kept attached to each hose attachment as the fire commissioner may direct. 2. Sprinkler system. A separate and distinct system of automatic sprinklers, with fusible plugs, approved by the superintendent of buildings, supplied with water from a tank located on the roof over the stage and not connected in any manner with the stand pipes, shall be placed at each side of the proscenium opening and on the ceiling or roof over the stage at such intervals as will protect every square foot of stage surface when said sprinklers are in operation. Automatic sprinklers shall also be placed, wherever practicable, in the dressing rooms under the stage and in the carpenter shop, paint rooms, store rooms and property room. 3. Standpipes. Stand pipes 4 inches in diameter shall be provided with hose attachments on every floor and gallery as follows, namely; One on each side of the auditorium in each tier, also on each side of the stage in each tier, and at least one in the property room and one in the carpenter’s shop, if the same be contiguous to the building. All such stand pipes shall be kept clear from obstruction. Said stand pipes shall be separate and distinct, receiving their supply of water direct from the power pump or pumps, and shall be fittea with the regulation couplings of the fire department, and shall be kept constantly filled with water by means of an automatic power pump or pumps, of sufficient capacity to supply all the lines of hose when operated simultaneously, and said pump or pumps shall be supplied from the street main and be ready for immediate use at all times during any performance in said building. In addition to the requirements contained in this section, the stand pipes shall also conform to the requirements contained in § 581 of this chap- ter. 4. Miscellaneous. There shall also be kept in readiness for imme- diate use on the stage, at least 4 casks full of water, and 2 buckets to each cask. Said casks and buckets shall be painted red. There shall also be provided hand pumps or other portable fire extinguishing apparatus and at least 4 axes and 2 25-foot hooks, 2 15-foot hooks, and 2 10-foot hooks on each tier or floor of the stage. § 525. Heating plant. — Every steam boiler which may be required for heating or other purposes shall be located outside of the building. The space allotted to the same shall be inclosed by walls of masonry on all sides, and the ceiling of such space shall be constructed of fireproof materials. All doorways in the walls of boiler-rooms shall have fireproof doors. No floor register for heating shall be per- mitted. No coil or radiator shall be placed in any aisle or passage way 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 pro- tected where passing through floors or near woodwork. § 526. Lights. — 1. Adequacy. Every portion of the building de- voted to the uses or accommodation of the public, also all outlets leading to the streets and including the open courts or corridors, shall be well and properly lighted during every performance, and the same BUILDING CODE 110 shall remain lighted until the entire audience has left the premises. When interior gas lights are not lighted by electricity other suitable appliances, to be approved by the superintendent of buildings shall be provided. 2. Corridors and passageways. All gas or electric lights in the halls, corridors, lobby or any other part of said buildings used by the audience, except the auditorium, must be controlled by a separate shut-off, located in the lobby and controlled only in that particular place. 3. Fireproofing. No gas or electric light shall be inserted in the walls, woodwork, ceilings, or in any part of the building, unless pro- tected by fireproof materials. 4. Gas connections. Gas mains supplying the building shall have independent connections for the auditorium and the stage, and provision shall be made for shutting off the gas from the outside of the building. 5. Nettings. All suspended or bracket lights surrounded hy glass in the auditorium, or in any part of the building devoted to the public, shall be provided with proper wire netting underneath. All lights in passages and corridors in said buildings, wherever deemed necessary by the superintendent of buildings, shall be protected with proper wire network. 6. Stage lights. All stage lights shall have strong metal wire guards or screens, not less than 10 inches in diameter, so constructed that any material in contact therewith shall be out of reach of the flames of said stage lights, and must be soldered to the fixture in all cases. The foot lights, in addition to the wire network, shall be protected with a strong wire guard and chain, placed not less than 2 feet distant from said foot lights, and the trough containing them shall be formed of and surrounded by fireproof materials. All border lights shall be constructed according to the best known methods, subject to the approval of the superintendent of buildings, and shall be suspended for 10 feet by wire rope. 7. Ventilators. All ducts or shafts used for conducting heated air from the main chandelier, or from any other light or lights, shall be constructed of metal and made double, with an air space between. § 527. Means of egress. — 1. Exits to streets. Every theatre accom- modating 300 persons shall have at least 2 exits; when accommodat- ing 500 persons, at least 3 such exits shall be provided; these exits not referring to or including the exits to the open court at the side of the theatre. Every such building shall have at least one front on the street, and in such front there shall be suitable means of entrance and exit for the audience, not less than 25 feet in width. The en- trance of the main front of the building shall be not on a higher level from the sidewalk than four steps, unless approved by the superintendent of buildings. Each exit shall be at least 5 feet in width in the clear and provided with doors of iron or wood; if of wood, the doors shall be constructed as hereinbefore prescribed in this chapter. All of said doors shall open outwardly, and shall be fastened with movable bolts, the bolts to be kept drawn during performances. 2. Exits to courts. In addition to the aforesaid entrances and exits on the street, there shall be reserved for service in case of an 120 CODE OF ORDINANCES OF THE CITY OF NEW YORK emergency an open court or space in the rear and on the side not bordering on the street, where said building is located on a corner lot; and in the rear and on both sides of said building, where there is but one frontage on the street as hereinafter provided. The width of such open court or courts shall be not less than 10 feet where the seating capacity is not over 1,000 people, above 1,000 and not more than 1,800 people 12 feet in width, and above 1,800 people 14 feet in width. Said open court or courts shall extend the full length and height of the building and across on each side and rear thereof where its sides or side does not abut on a street or alley, and shall be of the same width at all points, and exits hereafter specified shall lead into such open courts. From the auditorium opening into the said open courts or on the side street, there shall be not less than 2 exits on each side in each tier from and including the parquet and each gallery. The said open courts and corridors shall not be used for storage purposes, or for any purposes whatsoever except for exit and entrance from and to the auditorium and stage, and must be kept free and clear during performances. 3. Doorways of exits. Doorways of exit or entrance for the use of the public shall be not less than 5 feet in width, and for every addi- tional 100 persons or portions thereof to be accommodated, in excess of 500, an aggregate of 20 inches additional exit width must be allowed. All doors of exit or entrance shall open outwardly and be hung to swing in such a manner as not to become an obstruction in a passage or corridor, and no such doors shall be closed and locked during any representation, or when the building is open to the public. 4. FoyerSj lobbies and corridors. The foyers, lobbies, corridors, passages and rooms for the use of the audience, not including aisles spaced between seats, shall on the first or main floor, where the seating capacity exceeds 500 or more, be at least 16 feet clear, back of the last row of seats, and on each balcony or gallery at least 12 feet clear of the last row of seats. The level of said corridors at the front entrance to the building shall be not greater than one step above the level of the sidewalk where they begin at the street en- trance. During the performance the doors or gates in the corridors shall be kept open by proper fastenings; at other times they may be closed and fastened by movable bolts or blocks. 5. Aisles. All aisles on the respective floors of the auditorium shall be not less than 3 feet wide where they begin, and shall be increased in width toward the exits in a ratio of 1^ inches to 5 running feet. 6. Gradients. Gradients or inclined planes shall be employed instead of steps where possible to overcome slight difference of level in or between aisles, corridors and passages. To overcome any difference of level in and between courts, corridors, lobbies, passages and aisles on the ground floor, gradients shall be employed of not over 1 foot in 12 feet, with no perpendicular rises. 7. Gallery exits. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the main floor of the auditorium and the first gallery, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery. No BUILDING CODE 121 passage leading to any stairway communicating with any entrance or exit shall be less than 4 feet in width in any part thereof. From the auditorium opening into the said open courts or on the side street, there shall be not less than 2 exits on each side in each tier from ana including the parquet and each and every gallery. 8. Staircases to galleries. Where the seating capacity is for more than 1,000 people, there shall be at least 2 independent staircases, with direct exterior outlets, provided for each gallery in the au- ditorium, where there are not more than 2 galleries, and the same shall be located on opposite sides of said galleries. Where there are more than 2 galleries, 1 or more additional staircases shall be provided, the outlets from which shall communicate directly with the principal exit or other exterior outlets. AU such staircases shall be of width proportionate to the seating capacity as elsewhere herein prescribed. Where the seating capacity is for 1,000 people, or less, 2 direct lines of staircases only shall be required, located on opposite sides of the galleries, and in both cases shall extend from the sidewalk level to the upper gallery, with outlets from each gallery to each of said staircases. All inside stairways leading to the upper galleries of the auditorium shall be inclosed on both sides with walls of fireproof materials. Stairs leading to the first or lower gallery may be left open on one side, in which case they shall be constructed as herein provided for similar stairs leading from the entrance hall to the main floor of the auditorium. But in no case shall stairs lead- ing to any gallery be left open on both sides. No door shall open immediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such door. 9. Stage staircases. At least 2 independent staircases, with direct exterior outlets, shall also be provided for the service of the stage and shall be located on the opposite sides of the same. 10. Stairways. All staircases for the use of the audience shall be inclosed with walls of brick, or of fireproof materials approved by the superintendent of buildings, in the stories through which they pass, and the openings to said staircases from each tier shall be of the full width of said staircase. All stairs within the building shall be constructed of fireproof material throughout. Stairs from bal- conies and galleries shall not communicate with the basement or cellar. All stairs shall have treads of uniform width and risers of uniform height throughout in each flight. Stairways serving for the exit of 50 people shall be at least 4 feet wide between railings or between walls, and for every additional 50 people to be accommo- dated 6 inches must be added to their width. The width of all stairs shall be measured in the clear between hand rails. In no case shall the risers of any stairs exceed inches in height, nor shall the treads, exclusive of nosings, be less than 103 /^ inches wide in straight stairs. No circular or winding stairs for the use of the public shall be permitted. When straight stairs return directly on themselves, a landing of the full width of both flights, without any steps, shall be provided. The outer line of landings shall be curved to a radius of not less than 2 feet to avoid square angles. Stairs turning at an angle shall have a proper landing without winders introduced at said turn. In stairs, when 2 side flights connect with one main flight, no winders shall be introduced, and the width of the 122 CODE OF ORDINANCES OF THE CITY OF NEW YORK main flight shall be at least equal to the aggregate width of the side flights. All stairs shall have proper landings introduced at convenient distances. 11. Stairway hand rails. All inclosed staircases shall have, on both sides, strong hand rails firmly secured to the wall about 3 inches distant therefrom and about 3 feet above the stairs, but said hand rails shall not run on level platforms and landings where the same is more in length than the width of the stairs. All staircases 8 feet and over in width shall be provided with a centre hand rail of metal, not less than 2 inches in diameter, placed at a height of about 3 feet above the centre of the treads, and supported on wrought metal or brass standards of sufficient strength, placed not nearer than four feet nor more than 6 feet apart, and securely bolted to the treads or risers of stairs, or both, and at the head of each flight of stairs, on each landing, the post or standard shall be at least 6 feet in height, to which the rail shall be secured. 12. Fire-escapes. There shall be balconies not less than 6 feet in width in the said open court or courts at each level or tier above the parquet, on each side of the auditorium, of sufficient length to embrace the 2 exits, and from said balconies there shall be stair- cases extending to the ground level, with a rise of not over 8 3^ inches to a step and not less than 9 inches tread, exclusive of the nosing. The staircase from the upper balcony to the next below shall be not less than 48 inches in width clear, and from the first balcony to the ground 4 feet in width in the clear where the seating capacity of the auditorium is for 1,000 people or less, 4 feet six inches in the clear where above 1,000 and not more than 1,800 people, and 5 feet in the clear where above 1,800 people and not more than 2,500 people, and not over 5 feet 6 inches in the clear where above 2,500 people. All the before mentioned balconies and staircases shall be constructed of iron throughout, including the floors, and of ample strength to sustain the load to be carried by them, and they shall be covered with a metal hood or awning, to be constructed in such manner as shall be approved by the superintendent of buildings. Where one side of the building borders on the street, there shall be balconies and staircases of like capacity and kind, as before mentioned, carried to the ground. 13. Diagram of exits. A dia^am or plan of each tier, gallery or floor, showing distinctly the exits therefrom, each occupying a space not less than 15 square inches, shall be printed in black lines in a legible manner on the programme of the performance. Every exit shall have over the same on the inside the word “Exit^^ painted in legible letters not less than 8 inches high. § 528. Partitions and walls . — The partitions in that portion of the building which contains the auditorium, the entrance and vesti- bule and every room and passage devoted to the use of the audience shall be constructed of fireproof materials including the furring of outside or other walls. The walls separating the actors’ dressing rooms from the stage and the partitions dividing the dressing rooms, together with the partitions of every passageway from the same to the stage, and all other partitions on or about the stage, shall be constructed of fireproof material approved by the superintendent of buildings. All doors in any of said partitions shall be fireproof. BUILDING CODE 123 § 529. Proscenium construction. A fire wall, built of brick, shall separate the auditorium from the stage. The same shall extend at least 4 feet above the stage roof, or the auditorium roof,^ if the latter be the higher, and shall be coped. Above the proscenium opening there shall be an iron girder of sufficient strength to safely support the load above, and the same shall be covered with fireproof ma- terials to protect it from the heat. Should there be constructed an orchestra over the stage, above the proscenium opening, the said orchestra shall be placed on the auditorium side of the proscenium fire wall, and shall be entered only from the auditorium side of said wall. The molded frame around the proscenium opening shall be formed entirely of fireproof materials; if metal be used, the metal shall be filled in solid with non-combustible material and securely anchored to the wall with iron. No doorway or opening through the proscenium wall, from the auditorium, shall be allowed above the level of the first floor, and such first floor openings shall have fireproof doors on each face of the wall, and the doors shall be hung so as to be opened from either side at all times. § 530. Protective curtain. — The proscenium opening shall be pro- vided with a fireproof metal curtain, or a curtain of asbestos or other fireproof material approved by the superintendent of buildings, sliding at each end within iron grooves, securely fastened to the brick wall and extending into such grooves to a depth of not less than 6 inches on each side of the opening. The proscenium curtains shall be placed at least 3 feet distant from the foot-lights, at the nearest point. Said fireproof curtain shall be raised at the commencement of each performance and lowered at the close thereof, and be operated by approved machinery for that purpose. § 531. Roof of auditorium. — The roof over the auditorimn and the entire main floor of the auditorium and vestibule, also the entire floor of the second story of the front superstructure over the en- trance, lobby and corridors, and all galleries and support for the same in the auditorium shall be constructed of iron and steel and fireproof materials, not excluding the use of wood floorboards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support, and the space between the sleepers, except- ing a portion under the stepping in the galleries, which shall be properly fire stopped, shall be solidly fiUed with incombustible material up to under side of the floor boards. § 532. Seats.- — All seats in the auditorium, excepting those con- tained in boxes, shall be not less than 32 inches from back to back, measured in a horizontal direction, and firmly secured to the floor. No seat in the auditorium shall have more than 6 seats intervening between it and an aisle on either side. No stool or seat shall be placed in any aisle. All platforms in galleries formed to receive the seats shall not be more than 21 inches in height of riser, nor less than 32 inches in width of platform. § 533. Stage. — 1. Construction. All that portion of the stage not comprised in the working of scenery, traps and other mechanical apparatus for the presentation of a scene, usually equal to the width of the prosecenium opening, shall be built of iron or steel beams filled in between with fireproof material, and all girders for the support of said beams shall be of wrought iron or rolled steel. The fly galleries 124 CODE OF ORDINANCES OF THE CITY OF NEW YORK entire, including pin-rails, shall be constructed of iron or steel, and the floors of said galleries shall be composed of iron or steel beams, filled with fireproof materials, and no wood boards or sleepers shall be used as covering beams, but the said floors shall be entirely fire- proof. The rigging loft shall be fireproof. 2. Skylights. There shall be provided over the stage, metal sky- lights of an area or combined area of at least Vs the area of said stage, fitted up with sliding sash and glazed with double thick sheet glass not exceeding 1-12 of an inch thick, and each pane thereof measuring not less than 300 square inches and the whole of which skylight shall be so constructed as to open instantly on the cutting or burning of a hempen cord, which shall be arranged to hold said sky- fights closed, or some other equally simple approved device for opening them may be provided. Immediately underneath the glass of said skylights there shall be wire netting, but wire glass shall not be used in lieu of this requirement. 3. Scenery and fittings. All stage scenery, curtains and decorations made of combustible material, and all woodwork on or about the stage, shall be painted or saturated with some non-combustible material or otherwise rendered safe against fire, and the finishing coats of paint applied to all woodwork through the entire building shall be of such kind as will resist fire to the satisfaction of the superintendent of buildings having jm*isdiction. § 534. Miscellaneous requirements. — 1. Ceilings. The ceiling un- der each gallery shall be entirely formed of fireproof materials. The ceiling by the auditorium shall be formed of fireproof materials. 2. Ceiling coverings. None of the walls or ceilings shall be covered with wood sheathing, canvas or any combustible material. But this shall not exclude the use of wood wainscoting to a height not to exceed 6 feet, which shall be filled in solid between the wainscoting and the wall with fireproof materials. 3. Fronts of galleries. The fronts of each gallery shall be formed of fireproof materials, except the capping, which may be made of wood. 4. Lathing. All lathing, whenever used, shall be of wire or other metal. 5. Shelving and cupboards. All shelving and cupboards in each and every dressing room, property room or other storage rooms, shall be constructed of metal, slate or some fireproof material. § 535. Storage rooms; workshops. — No workshop, storage or general property room shall be allowed above the auditorium or stage, or under the same or in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a brick wall, and the openings leading into said portions shall have fireproof doors on each side of the openings, hung to iron eyes built into the wall. § 536. Use and occupancy. — 1. Restrictions. No portion of any building hereafter erected or altered, used or intended to be used for theatrical or other purposes as in this section specified, shall be 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. This restriction relates not only to that portion of the building which contains the auditorium and the stage, but applies also to the entire structure in conjunction there- BUILDING CODE 125 with. No store or room contained in the building, or the offices, stores or apartments adjoining, as aforesaid, shall be let or used for carrying on any business, deahng and articles designated as specially hazardous in the classification of the New York Board of Fire Underwriters, or for manufacturing purposes. No lodging accom- modations shall be allowed in any part of the building communicat- ing with the auditorium. When located on a corner lot, that portion of the premises bordering on the side street and not required for the uses of the theatre may, if such portion be not more than 25 feet in width, be used for offices, stores or apartments, provided the walls separating this portion from the theatre proper are carried up solidly to and through the roof, and that a fireproof exit is provided for the theatre on each tier, equal to the combined width of exits opening on opposite sides in each tier, communicating with balconies and staircases leading to the street in manner provided elsewhere in this section; said exit passages shall be entirely cut off by brick walls from said offices, stores or apartments, and the floors and ceilings in each tier shall be fireproof. 2. Above theatre. Nothing herein contained shall prevent a roof garden, art gallery or rooms for similar purposes being placed above a theatre or pubhc building, provided the floor of the same, forming the roof over such theatre or building, shall be constructed of iron or steel and fireproof materials, and that said floor shall have no cover- ing boards or sleepers of wood, but shall be of tile or cement. Every roof over said garden or rooms shall have all supports and rafters of iron or steel, and be covered with glass or fire-proof materials, or both, but no such roof garden, art gallery or room for any public purposes shall be placed over or above that portion of any theatre or other building which is used as a stage. § 537. Jurisdiction of fire commissioner. — The stand pipes, gas pipes, electric wires, hose, foot lights and all apparatus for the extinguishing of fire or guarding against the same, as in this article specified, shall be in charge and under control of the fire department, and the fire commissioner is hereby directed to see that the provisions of this article relating thereto are carried out and enforced. § 538. Saving clause. — The provisions of the foregoing article shall not be construed to mean or made to apply to any theatre, opera house or building intended to be used for theatrical or operatic purposes, lawfully erected prior to June 3, 1904. As to former § 109a B. C., see Brill v. Miller. 140 App. Div. 602. ARTICLE 26 MISCELLANEOUS STRUCTURES Sec. 550. Exhibition buildings. § 551. Grain elevators. § 552. Smokehouses. Sec. 550. Exhibition buildings. — Buildings for fair and exhibition purposes, towers for observation purposes and structures for similar uses, whether temporary or permanent in character, shall be con- 126 CODE OF ORDINANCES OF THE CITY OF NEW YORK structed in such manner and under such conditions as the superintend- ent of buildings may prescribe. § 551. Grain elevators. — Nothing in this chapter shall be so con- strued as to apply to or prevent the erection of what are known as grain elevators, as usually constructed; provided they are erected on tidewater, or adjacent to the river front in the city, in isolated local- ities and under such conditions as the superintendent of buildings may prescribe, including location. § 552. Smokehouses. — All smokehouses shall be of fireproof con- struction, with brick walls, iron doors and brick or metal roofs. An iron guard shall be placed over and 3 feet above the fire, and the hanging rails shall be of iron. The walls of all smokehouses shall be built up at least 3 feet higher than the roof of the building in which they are located. ARTICLE 27 ELEVATORS Sec. 560. Inspection and regulation. § 561. Sheave screens. § 562. Elevator-runners. § 563; Freight elevators; warning notice. § 560. Inspection and regulation. — Each superintendent of build- ings shall cause an inspection of elevators within his jurisdiction, carrying passengers or employees, to be made at least once every 3 months, and shall make regulations for the inspection of such elevators with a view to safety. The regulations shall require any repairs found necessary to any such elevators to be made without delay by the owner or lessee. In case defects are found to exist which endanger life or limb 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 cer- tificate shall be first obtained from said department that such ele- vator has been made safe. § 561. Sheave screens. — Immediately under the sheaves at the top of every elevator shaft in any building there shall be provided and placed a substantial grating or screen of iron or steel, of such construction as shall be approved by the superintendent of buildings. § 562. Elevator runners. — Each superintendent of buildings shall prescribe suitable qualifications for persons who run elevators within his jurisdiction. No person shall employ or permit any person to be in charge of running any passenger elevator who does not possess the qualifications prescribed therefor. § 563. Freight elevators; warning notice. — 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.” ARTICLE 28 FIRE EXTINGUISHING APPLIANCES Sec. 580. General provisions. § 581. Stand pipes. BUILDING CODE 127 § 582. Perforated pipes. § 583. Pumps, elevator. § 584. Boiler rooms; protection against inundation. § 585. Inspections. § 580. General provisions. — All buildings now erected, unless already provided with a 3-inch or larger vertical pipe, or hereafter to be erected, exceeding 150 feet in height, shall be provided with an auxiliary fire apparatus and appliances, consisting of water tank on roof or in cellar, standpipes, hose, nozzles, wrenches, fire extinguish- ers, hooks, axes and such other appliances as may be required by the fire department — all to be of the best material and of the sizes, patterns and regulation kinds used and required by the fire depart- ment. (Building Code, sec. 103, rev. from L. 1882, ch. 410, § 498, as amend.) This provision is a police regulation and constitutionaj. The notice mentioned must, however, be given by the proper official heads and not subordinate officers. Fire Dept. v. Sturtevant, 33 Hun, 407. And such power is continuous. Fire Dept. V. Chapman, 10 Daly, 377. But it is the duty of an owner to erect fire-escapes without waiting for such notice. McLaughlin v. Armfield, 58 Hun, 376; also see Greenhaus v. Alter, 30 App. Div. 585. The State Labor Law does not repeal the charter provision giving jurisdiction to Building Department. City of N. Y. v. Trustees Sailors’ Snug Harbor, 85 App. Div. 355. The act applies to two buildings used as one, having in all more than fifteen bedrooms. Dept. Buildings N. Y. v. Field, 12 App. Div. 258. An owner is not liable under the common law for failure to supply fire-escapes. Pauley v. Steam Gauge Co., 131 N. Y. 90. § 581. Standpipes. — 1. When requisite. In every building now erected, unless already provided with a 3-inch or larger vertical pipe, which exceeds 100 feet in height, and in every building hereafter to be erected exceeding 85 feet in height, and when any such building does not exceed 150 feet in height, it shall be provided with a 4-inch standpipe, running from cellar to roof, with 1 two-way 3-inch Siamese connection to be placed on street above the curb level, and with one inch outlet, with hose attached thereto on each floor, placed as near the stairs as practicable. If any of the said buildings extend from street to street, or form an L shape, they shall be provided with standpipes for each street frontage. 2. Construction. Standpipes shall not be less than 6 inches in diameter for all buildings exceeding 150 feet in height. All stand- pipes shall extend to the street and there be provided at or near the sidewalk level with the Siamese connections. Said standpipes shall also extend to the roof. Valve outlets shall be provided on each and every story, including the basement and cellar and on the roof. § 582. Perforated pipes. — In such buildings as are used or occupied for business or manufacturing purposes there shall be provided, in connection with said standpipe or pipes, 2J^ inch perforated iron pipes placed on and along the ceiling line of each floor below the first floor, and extending to the full depth of the building. Said perforated pipe shall be provided with a valve placed at or near the standpipe, so that water can be let into same when deemed necessary by the firemen, or in lieu of such perforated pipes auto- matic spn'nklers may be put in. When the building is 25 feet or less in width, 2 lines of perforated pipe shall be provided, and one line additionally for each 123^ feet, or part thereof, that the building 128 CODE OP ORDINANCES OP THE CITY OP NEW YORK is wider than 25 feet. A suitable iron plate with raised letters shall be fastened to the wall near said standpipes, to read: “This stand- pipe connects to perforated pipes in the cellar.^^ § 583. Pumps; elevator. — In every building described in § 581 of this article, a steam or electric pump and at least one passenger elevator shall be kept in readiness for immediate use by the fire department during all hours of the night and day, including holidays and Sundays. The said steam or electric pumps, if located in the lowest story, shall be placed not less than 2 feet above the floor level. All the wires and cables which supply power to the electric pumps shall be covered with fireproof material, or protected in such other manner as to prevent the destruction or damage of said cables and wires by fire. § 584. Boiler rooms y protection against inundation. — The boilers which supply power to the passenger elevators and steam or electric pumps, if located in the lowest story, shall be so surrounded by a dwarf brick wall laid in cement mortar, or other suitable permanent waterproof construction, as to exclude water to the depth of 2 feet above the floor level from flowing into the ash pits of said boilers. When the level of the floor of the lowest story is above the level of the sewer in the street a large cesspool shall be placed in said floor and connected by a 4-inch cast-iron drain pipe with the street sewer. § 585. Inspections. — All valves, hose, tools and other appliances provided for in this article shall be kept in perfect working order, and once a month the person in charge of said building shall make a thorough inspection of the same to see that all valves, hose and other appliances are in perfect working order and ready for imme- diate use by the fire department. ARTICLE 29 PLUMBING AND OTHER SYSTEMS OP PIPING Sec. 600. Rules. § 601. Shut-off valves. § 602. Tests of plumbing. § 603. Tests of gaspiping. § 604. Registration of plumbers. § 600. Rules. — The plumbing and drainage systems, water supply pipes, gas, piping, steam or hot water heating or power systems, refrigerating systems and other systems of pipes or apparatus for holding or conveying gases, vapors or fluids hereafter installed and maintained in or upon any building in the city shall conform to such rules as may be provided for by law or may be found necessary for the protection of life, health or property, and adopted by the super- intendent of buildings. No person shall use or permit the use of any such system, piping or apparatus installed or maintained in violation of any of the provisions of this article or the rules adopted hereunder. Said rules, hereafter adopted, and any changes thereof, shall be published in the City Record on 8 successive Mondays before they shall become operative. BUILDING CODE 129 Nothing herein contained or in the rules adopted hereunder shall require the alteration or reconstruction of any existing work that was lawfully installed, nor prevent repairs or the addition of new fixtures to existing work in conformity with the practice followed in the original installation; provided, however, that, when such repairs involve the removal or alteration of more than one-half of the existing work affected by the repairs, the rules in force at the time of such repairs shall apply. § 601. Shut-off valves. — Every building hereafter erected and also every existing building, other than residence buildings occupied exclusively by one or two families and having not more than 15 sleeping rooms, which may be supplied from some outside source with gas, vapor or fluid, shall have a conveniently accessible stop- cock or other suitable device fixed to the supply pipes leading into the building at a place outside of the building, so arranged as to allow the supply to be shut off. Such stopcock or other device shall be so marked as to indicate either the contents and purpose of the supply pipe to which it is attached, or the company to which the device belongs. § 602. Tests of 'plumbing. — No person shall use or permit the use of any new system of plumbing and drainage hereafter installed in any building before the same has been tested under the supervision of the bureau of buildings and in accordance with its rules, to insure the tightness of the sytem, nor until a proper and adequate water supply has been provided. The superintendent of buildings shall, within a reasonable time after being requested to do so, cause to be in- spected and tested any system of plumbing and drainage that is ready for such inspection and test, and, if the work is found satis- factory and the test requirements are complied with shall issue a certificate to that effect. Nothing herein contained shall prevent the inspection and test of part of a system or the issuance of a partial certificate, nor prevent the use of such part of a larger system pro- vided that such part constitutes by itself a complete system properly tested and supplied with water. § 603. Tests of gas-piping, — No person shall use or permit the use of any new system or an extension of an old system of gas piping in any building before the same has been inspected and tested under the supervision of the bureau of buildings and in accordance with its rules, to insure the tightness of the system. The superintendent of buildings shall, within a reasonable time after being requested to do so, cause to be inspected and tested any system of gas piping that is ready for such inspection and test, and if the work is found satisfactory and the test requirements are complied with, he shall issue a certificate to that effect. Nothing herein contained shall prevent the use of existing systems of gas piping without further inspection or test, unless the superintendent of buildings has reason to believe that defects exist which make the system dangerous to life or property. § 604. Registration of plumbers. — Once in each year every em- ploying or master plumber carrying on his trade, business or calling in the city shall register his name and address at the office of the bureau of buildings in the borough of the said city in which he per- forms work, under such rules as the said bureau may prescribe. 9 130 CODE OF ORDINANCES OF THE CITY OF NEW YORK No person, corporation or copartnership shall engage in or carry on the trade, business or calling of employing or master plumber in the city unless the name and address of such person and the presi- dent, secretary or treasurer of the corporation, or of each and every member of the copartnership shall have been registered as above provided. ARTICLE 30 ALTERING, CHANGING OR DEMOLISHING BUILDINGS Sec. 620. Alteration of brick buildings. § 621. Altering use of frame buildings. § 622. Increasing height of buildings. § 623. Raising or lowering to grade. § 624. Demolishing buildings. § 620. Alteration of brick buildings. — Within the fire limits, no brick building shall be enlarged or built upon unless the exterior walls of said addition or enlargement be constructed of incombustible materials; provided, however, that such brick building may be raised, lowered or altered under the same circumstances and in the manner provided for in this article. § 621. Altering use of frame buildings. — Within the fire limits, no frame building more than 2 stories in height, now used as a dwell- ing, shall hereafter be raised or altered to be used as a factory, ware- house or stable. §622. Increasing height of buildings. — 1. Generally. Within the fire limits, the owner or owners of any brick dwelling house with 8-inch walls, or of any wood building already erected that has a peaked roof, shall not 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 fireproof material, and provided that such building, when so raised, shall not exceed 40 feet in height to the highest part thereof. All such buildings must exceed 25 feet in height to the peak of the main roof before the said alteration and raising. In increasing the height of any such building, the entire area which such building covers may be raised to a uniform height. If any such building has an extension of less width than the main building, the same may be increased in width to the full width of the main building, with the same kind of material and to the same height as the main building. Any such building may be extended either on the front or rear to a depth of not more than 15 feet and not more than the width of the building, and not more than 2 stories and basement in height, with the same kind of material as the building. 2. Frame building to conform to row. Any frame building situated in a row of frame .buildings may be increased in height to conform to the height of adjoining buildings. 3. Frame dwellings. The restrictions contained in this section shall not prohibit one-story and basement frame dwelling houses from being increased one additional story in height. § 623. Raisimg or lowering to grade. — If any building shall have BUILDING CODE 131 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. § 624. Demolishing buildings. — In demohshing any building, story after story shall be completely removed. No material shall be placed upon the floor of any such building in the course of demolition, but the brick, timbers and other structural parts of each story shall be lowered to the ground immediately upon displacement. The owner, architect, builder or contractor for any building, structure, premises, wall, platform, staging or flooring to be demolished shall give not less than 24 hours notice to the bureau of buildings of such intended demolition. ARTICLE 31 UNSAFE BUILDINGS AND COLLAPSED STRUCTURES Sec. 630. Removal or repair of buildings. § 631. Record and notice of unsafe building. § 632. Voluntary abatement. § 633. Disregard of notice; survey. § 634. Judicial review of survey. § 635. Repair or removal under precept. § 636. Provision for expense of executing precept. § 637. Return of precept; reimbursement of city. § 638. Fallen buildings; buildings imminently perilous. § 639. Emergency fund. § 630. Removal or repair of buildings. — 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. § 631. Record and notice of unsafe building. — Immediately upon receiving information that a building or buildings, or part or parts of a building, staging or structure is unsafe or dangerous, the super- intendent of buildings shall cause the same to be immediately en- tered upon a docket of unsafe buildings to be kept in his bureau; and the owner, or some one of the owners, executors, administrators, agents, lessees or any other person 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 deemed unsafe or dangerous, requiring the same to be made safe and secure or removed, as the same may be deemed necessary by the superintendent of buildings, which notice shall require the person or persons thus served to immediately certify to the superintendent his or their assent or refusal to secure or remove the same. (B. C., sec. 153, rev. from L. 1882, ch. 410, § 509, as amend.) The city is not responsible for the acts or omissions of the officers of the Building Department who, in the exercise of sovereign power, have the duty of examining and removing dangerous buildings. Conners v. Mayor, 11 Hun, 439. But the head of the department may be liable for his official neglect to a person injured thereby. Connors v. Adams, 13 Hun, 427. As to expenses to which the owner is liable. Matter of City of N. Y. v. Unsafe Building, 130 App. Div. 396. 1)^2 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 632. Voluntary abatement. — If the person or persons so served with notice shall immediately certify his or their assent to the secur- ing or removal of said unsafe or dangerous buildings, premises or structure, he or they shall be allowed until 1 o’clock p. m. of the day following the service of such notice, in which to commence the secur- ing 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. § 633. Disregard of notice; survey. — 1. Notice of survey. Upon the refusal or neglect of the persons served with the notice for which provision is made in the preceding section to comply with any of the requirements thereof, a further notice shall be served upon him or them, 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 may not be less than 24 hours nor more than 3 days from the time of the service of said notice, by three competent persons, one of whom shall be the super- intendent of buildings or an inspector, designated in writing by said superintendent, another of whom shall be an architect, appointed by the New York Chapter of the American Institute of Architects for the boroughs of Manhattan, The Bronx and Richmond, and by the Brooklyn Chapter of the American Institute of Architects for the boroughs of Brooklyn and Queens, depending upon the borough or boroughs in which the property is located; another of whom shall be a practical builder or architect appointed by the person or persons thus notified. In case the person or persons served with such notice shall neglect or refuse to appoint such surveyor, the other two sur- veyors may make the survey, and in case of a disagreement of the latter, they shall appoint a third person to take part in such survey, who shall also be a practical builder or architect of at least 10 years’ practice, whose decision shall be final. The notice shall also set forth that in case the premises referred to therein shall be reported unsafe or dangerous under such survey, the said report will be placed before a court therein named having jurisdiction to the extent of $1,000, and that a trial upon the allegations and statements con- tained in said report, be the report of said surveyors more or less than is contained in the said notice of survey, will be had before said court, at a time and place therein named, to determine whether said unsafe or dangerous building or premises shall be repaired and secured or taken down and removed, and that a report of said survey, reduced to writing shall constitute the issue to be placed before the court for trial. 2. Posting report of survey. A copy of the report of the survey shall be posted on the building the subject thereof by the persons holding the survey immediately on their signing such report. 3. Compensation of surveyor. The architect appointed by the Chapters of the American Institute of Architects as hereinbefore provided who may act on any survey called in accordance with the provisions of this article, shall be entitled to and receive the sum of $25, to be paid by the comptroller upon the voucher of the super- intendent of buildings. A cause of action is hereby created for the benefit of the city against the owner or owners of said building, staging or structure, and of the lot or parcel of land on which the BUILDING CODE 133 same is situated, for the amount so paid with interest. The amount so collected shall be paid over to the comptroller in reimbursement of the amounts so paid by him as aforesaid. (B. C. sec. 154, rev. from L. 1882, ch. 410, § 510, as amend.) Only the defects mentioned in the preliminary notice can be tried. If others are found, a new survey must be had. Matter of Unsafe Building, 1 Abb. N. C. 464. See also Cain v. City Syracuse, 95 N. Y. 83. § 634. Judicial review of survey. — 1. Institution of proceeding. Whenever the report of any such survey had as aforesaid shall recite that the building, premises or structure thus surveyed is unsafe or dangerous, the corporation counsel shall at the time specified in the notice place notice and report before the justice holding a special term of the court named in the notice. 2. Precedence of proceeding. The determination of the issue in an unsafe building proceeding shall have precedence over every other business of such court, and the justice holding the same shall imme- diately proceed to obtain and impanel a jury, and to the trial of the issue before the jury. 3. Postponement of trial. In case the issue shall not be tried at the time specified in said notice, or to which the trial may be adjourned, the same may be brought to trial at any time thereafter by the superintendent of buildings without a new survey, upon not less than 3 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. 4. Trial hy jury. The justice before whom any such issue shall be brought on for trial shall have power to impanel a jury for that pur- pose from any jurors in attendance upon his court, or in case sufficient jurors shall not be in attendance, then from any jurors that may be summoned for that purpose. The justice shall have power to sum- mon jurors for that purpose, and shall try said issue without adjourn- ment, except as may be necessary from day to day. The verdict of the jury in any such trial shall be exclusive and final. 5. Trial without jury. A jury trial may be waived by the default of the defendant or defendants to appear at the time and place named in said notice, or by agreement, and in such case the trial may be by court, justice or referee, whose report or decision in the matter shall be final. Any such suit or proceeding commenced before a justice may be continued before another of the same court. 6. Precept to abate. Upon the rendition of a verdict or decision of the court, justice or referee, if the said verdict or decision shall find the said building, premises or structure to be unsafe or dangerous, the justice trying the cause, or to whom the report of the referee trying said cause shall be presented, shall immediately issue a precept directed to the superintendent of buildings, reciting said verdict or decision, and commanding him forthwith to repair and secure, or take down or remove, as the case may be, the unsafe or dangerous building, buildings, part or parts thereof, staging, structure or other premises that shall have been named in the said report, in accordance with such verdict or decision. § 635. Repair or removal under precept. — Upon receiving a precept issued under the provisions of the preceding section, the superintend- ent of buildings referred to therein shall immediately proceed to 134 CODE OF ORDINANCES OF THE CITY OP NEW YORK execute the same, as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose, provided, nevertheless, that immediately upon the issuing of said precept, the owner of said building, staging or struc- ture, or premises, or any party interested therein, upon application to the superintendent of buildings, shall be allowed to perform the requirements of the precept at his own proper cost and expense, but the same shall be done immediately and in accordance with the requirements of said precept, and upon the payment of all costs and expenses incurred up to that time by the city, and provided, further, that the superintendent of buildings shall have authority to modify the requirements of said precept upon application to him therefor, in writing, by the owner or owners of said building, staging or structure, or his or their representative, when he shall be satisfied that such change shall secure equally well the safety of said building, staging or structure. § 636. Provision for expense of executing precept. — In and about all preliminary proceedings, as well as the carrying into effect any order of the court, or justice thereof, or any precept issued by any court, or justice thereof, the superintendent of buildings may make re- quisition upon the comptroller for such amount of money as shall be necessary to meet the expenses thereof; and upon the same being approved by any justice of the court from which the said order or precept was issued and presented to the comptroller, he shall pay the same, and for that purpose shall borrow and raise, upon revenue bonds, to be issued as provided in section 188 of the charter, the several amounts that may from time to time be required, which shall be reimbursed by the payment of the amount and interest at six per cent, out of a.ny judgment obtained as hereinafter provided, if the same shall be collected. § 637. Return of precept; reimhursement of city. — Upon compliance with any precept issued to him in an unsafe building proceeding, the superintendent of buildings to whom the precept issued shall make return thereof, with an indorsement of the action thereunder and the cost and expenses thereby incurred, to the justice then holding the special term of the court from which such precept issued, and there- upon said justice shall tax and adjust the amount indorsed upon said precept, and shall adjust and allow the disbursements of the proceed- ing, together with the preliminary expenses of searches and surveys thereof, which shall be inserted in the judgment in said action or proceeding, and shall render judgment for such amount, and for the sale of the said premises in the said notice named, together with all the right, title and interest that the person named in the said notice had in the lot, ground or land upon which the said building or struc- ture was placed, at the time of the filing of a notice of lis pendens in the said proceedings, or at the time of the entry of judgment therein to satisfy the same, which shall be in the same manner and with like effect as sales under judgment in foreclosure of mortgages. The notice of lis pendens provided for in this section shall consist of a copy of said notice of survey and shall be filed in the office of a county clerk in the county where the property affected by such action, suit or proceeding is located. §638. Fallen buildings; buildings imminently perilous. — 1. Re^ BUILDING CODE 135 covery of bodies from wrecked building. In case of the falling of any building or part thereof in the city, where persons are known or believed to be buried under the ruins thereof, the fire commissioner shall cause an examination of the premises to be made for the re- covery of the bodies of the killed and injured. Whenever, in making such examination, it shall be necessary to remove any debris from the premises the commissioners of the departments of docks, parks, and street cleaning, and the superintendent of the appropriate bureau of highways, respectively, when called upon by the superintendent of buildings, to co-operate shall provide a suitable and convenient dumping place for the deposit of such debris. 2. Temporary safeguards for dangerous buildings. In case there shall be, in the opinion of the superintendent of buildings, actual and immediate danger of the falling of any building or part thereof so as to endanger life or property, said department shall cause the neces- sary work to be done to render said building or part thereof tem- porarily safe until the proper proceedings can be taken, as in the case of an unsafe building, as provided for in this article. 3. Vacating buildings; closing streets and sidewalks. The superin- tendent of buildings is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and the superintendent may, when necessary for the public safety, temporarily close the sidewalks and streets adjacent to such building or part thereof, and prohibit the same from being used, and the police commissioner, when called upon by the superin- tendent of buildings to co-operate, shall enforce such orders or re- quirements. 4. Laborers and materials. For the purposes of this section, the fire commissioner or the superintendent of buildings, as the case may be, shall employ such laborers and materials as may be neces- sary to perform said work as speedily as possible. While debris may be removed it cannot be stored at the city’s expense. People ex rel. Dunn v. Metz, 115 App. Div. 269. § 639. Emergency, fund. — 1. Sources. The corporation counsel shall, on the first day of each and every month, render to each super- intendent of buildings an account of and pay over to him the amount of such penalties and costs received by him^ together with his bill for all necessary disbursements incurred or paid in said suits, keeping a separate account for each superintendent. Each superintendent shall pay over monthly the amount of such penalties and costs so collected to the comptroller, as a fund for the use and benefit of his bureau. 2. Purposes. The fund aforesaid shall be used for the purpose of paying expenses incurred by the several superintendents of build- ings under § 638 of this chapter, and also for the purpose of carrying into effect any order or precept issued by any court, judge or justice to any superintendent of buildings, and upon the requisition of the superintendent having jurisdiction. The comptroller shall pay such sums as may be allowed and adjusted by any court of record, or a judge or justice thereof, for such purposes, as far as the same may be in his hands. 136 CODE OF ORDINANCES OF THE CITY OF NEW YORK 3. Accounts. A separate account shall be kept by the comp- troller of the moneys paid to him by each superintendent of build- ings, and no moneys shall be paid for such purposes to any superin- tendent except from the account of the funds received from him. ARTICLE 32 ENFORCEMENT OF CHAPTER Sec. 650. Notices of requirements or of violations. § 651. Emergency measures. § 652. Judicial remedies. § 653. Judicial orders. § 654. Penalties. § 650. Notices of requirements or of violations. — 1. Issue. Ail notices of the violation of any of the provisions of this chapter, and all notices directing any thing to be done, required thereby, and all other notices that may be required or authorized to be issued there- under, including notice that any building, structure, premises, or any part thereof, is deemed to be unsafe or dangerous, shall be issued by the superintendent of buildings, and shall have his name affixed thereto. 2. Contents. Each such notice or order shall contain a description of the building, premises or property on 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. 3. Personal service. All such notices, and any notice or order issued by any court in any proceeding instituted pursuant to this chapter to restrain or remove any violation, or to enforce compli- ance with any provision or requirement of this chapter, may be served by delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any pro- vision of this chapter, or to whom the same may be addressed. They may be served by any officer or employee of the bureau of buildings or by any person authorized by the said bureau. 4. Posting. If the person to whom any such order or notice is addressed cannot 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 viola- tion 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 danger- ous, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made. 5. Service of non-residents. 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 thereof, or, if said person or per- sons cannot 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 a post office in the city, inclosed in a sealed wrapper addressed to said person or persons at his or their last known place of BUILDING CODE 137 residence, with the postage paid thereon; and said posting and mail- ing of a copy of said notice or order shall be equivalent to personal service of said notice or order. (B. C., sec. 152, rev. from L. 1882, ch. 410, § 507, as amend.) See Greenhaus v. Alter, 30 App. Div. 585; Fire Dept. v. Williamson, I Robt. 476. §651. Emergency measures. — 1. Stopping work; vacating and se- curing building. In case there shall be, in the opinion of the president of the borough, or superintendent of buildings, danger to Me or prop- erty by reason of any defective or illegal work, or work in violation of or not in comphance with any of the provisions or requirements of this chapter, the president or superintendent, or such person as may be designated by either of them, shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judgment may be necessary to remove any danger therefrom. 2. Closing street temporarily. The president of the borough or superintendent of buildings may, when necessary for the public safety, temporarily close the sidewalks and the streets adjacent to said building or part thereof, and the police commissioner, or any of his subordinates, when called upon by the said borough president or superintendent of buildings to co-operate, shall enforce such orders or requirements. § 652. Judicial remedies. — 1. Action or proceeding^ generally. Whenever the superintendent of buildings is satisfied that any build- ing or structure, or any portion thereof, or any drainage or plumbing, the erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this chapter, is being erected, constructed, altered or repaired, or has been erected, constructed, altered or repaired, in violation of, or not in compliance with, any of the provisions or requirements of this chapter, or in violation of any detailed statement of specifications of plans submitted and approved thereunder, or of any certificate or permit issued there- under, or that any provision or requirement of this chapter, or any order or direction made thereunder has not been complied with, or that plans and specifications for plumbing and drainage have not been submitted or filed as required by this chapter, the superin- tendent may, in his discretion, through the corporation counsel, institute any appropriate action of proceeding at law or in equity to restrain, correct or remove such violation, or the execution of any work thereon, or to restrain or correct the erection or 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 chapter, or with respect to which the requirements thereof, or of any order or direction made pursuant to any provisions contained therein, shall not have been comphed with. 2. Corporation counsel to act. The corporation counsel is author- ized to institute any and all actions and proceedings, either legal or equitable that may be appropriate or necessary for the enforce- ment of the provisions of this chapter. 3. Courts having jurisdiction. All courts of civil jurisdiction in the 138 CODE OF ORDINANCES OF THE CITY OF NEW YORK city shall have cognizance of and jurisdiction over any and all suits and proceedings authorized by this chapter to be brought for the recovery of any penalty or the enforcement of any provision of this chapter, and shall give preference to such suits and proceedings over all others. No court shall lose jurisdiction of any action here- under by reason of a plea that the title to real estate is involved; provided the object of the action is to recover a penalty for the violation of any of the provisions of this chapter. All civil courts in said city are hereby invested with full legal and equitable juris- diction to hear, try and determine all such actions and proceedings, and to make appropriate orders and render judgment therein ac- cording to law, so as to give force and effect to the provisions of this chapter. 4. Restraining order. In any such action or proceeding the city may, in the discretion of the superintendent of buildings and on his affidavit setting forth the facts, apply to any court of record in said city or to a judge or justice thereof, for an order enjoining and re- straining all persons from doing, or causing or permitting to be done, any work in or upon such building or structure, or in or upon such part thereof as may be designated in said affidavit for any purpose whatever, [until the hearing 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 undertaking shall be required as a condition to the granting or issuing of such injunction order, or by reason thereof. (So in original, brackets are the edit or ^s.) 5. Judgment. All courts in which any action or proceeding is instituted under this chapter shall, upon the rendition of a verdict, report of a referee, or decision of a judge or justice, render judgment in accordance therewith. 6. Lien of judgment. Any judgment rendered in an action or pro- ceeding instituted under this chapter shall be and become a lien upon the premises named in the complaint in such action, to date from the time of filing of a notice of hs pendens in the county clerk’s office of the county, wherein the property affected by such action, suit, or proceeding, is located; 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. 7. Lis pendens. The notice of lis pendens referred to in the last preceding subdivision of this section shall consist of a copy of the notice issued by the superintendent of buildings, requiring the re- moval of the violation and a notice of the suit or proceedings in- stituted, or to be instituted thereon. Such notice of lis pendens may be filed at any time after the service of the notice issued by the superintendent as aforesaid; provided he may deem the same to be necessary, or is satisfied that the owner of the property is about to transfer the same to avoid responsibility for having violated a provision of this chapter. Any notice of lis pendens filed pursuant to BUILDING CODE 139 the provisions of this chapter may be vacated and cancelled of rec- ord 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 corporation counsel. The clerk of the county where the notice is filed, is hereby directed and required to mark any such notice of lis pendens, and any record or docket thereof, as vacated and cancelled of record, upon the presentation and filing of a certified copy of an order as aforesaid, or of the consent, in writing, of the corporation counsel. 8. Costs. In no case shall a bureau of buildings, or any officer thereof, or the city, or any defendant, be liable for costs in any action, suit or proceeding that may have been, or may hereafter be, instituted or commenced in pursuance of this chapter, unless the same shall be specially ordered and allowed against any defendant or defendants, by a court of justice, in the course of such action, suit or proceeding. 9. Oj^ersnotliahle for damages. No officer of a bureau of buildings acting in good faith and without malice, shall be liable for damages by reason of anything done in any action or proceeding instituted under any provision of this chapter. §653. Judicial orders. — 1. To comply with building notices. In case any notice or direction authorized to be issued by this chapter is not complied with within the time designated therein, the city, by the corporation counsel, may, at the request of the superintendent of buildings, apply to the Supreme Court, at a special term thereof, for an order directing the superintendent to proceed to make the al- terations or remove the violation or violations, as the same may be specified in said notice or direction. 2. To vacate for violations. Whenever any notice or direction so authorized, shall have been served as directed in this article, and the same shall not have been complied with within the time designated therein, the corporation counsel may, at the request of the superin- tendent of buildings, in addition to, or in lieu of the remedy last above provided, apply to the Supreme Court, at a special term thereof for an order directing the superintendent to vacate such building or premises, or so much thereof as he may deem 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. 3. Responsibility of lessees or occupants. In case any of the notices or orders of court herein mentioned shall be served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service is made to give immediate notice to the owner or agent of the 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 be known to such person, and, if not within said city, then by depositing a copy of said notice in any post-office in the city, 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 such lessee or party in possession shall neglect or refuse to give the notice herein provided, he shall be personally liable to the owner or owners of said buildings or premises for all damages he or they shall sustain by reason thereof. 140 CODE OF ORDINANCES OF THE CITY OF NEW YORK 4. Reimbursement of city for expenses. The expenses and disburse- ments incurred in the carrying out of any said order or 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 pendency of the action or proceeding as provided in this chapter, taken thereunder, in the office of the clerk of the county where the property affected by such action, suit or proceeding is located; and the Supreme Court, or a judge or justice thereof, to whom applica- tion 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 said judge or justice to whom application shall be made is hereby authorized and directed to enforce such lien in accordance with the mechanics^ lien laws applicable to the city. § 654. Penalties. — 1. General. The owner of any building, struc- ture or part thereof, or wall, or any platform, staging or flooring to be used for standing or seating purposes where any violation of this chapter shall be placed, or shall exist, and any architect, builder, plumber, carpenter or mason who may be employed or assist in the commission of any such violation, and any and all persons who shall violate any of the provisions of this chapter or fail to comply there- with, or any requirement thereof, or who shall violate or fail to comply with any detailed order or regulation made thereunder, or who shall build in violation of any detailed statement or specifications or plans, submitted and approved thereunder, or of any certificate or permit issued thereunder, shall severally, for each and every such violation and non-compliance, respectively, forfeit and pay a penalty in the sum of $50. 2. Heating plant and fire prevention violations. Any person who shall violate any of the provisions of this chapter, as to the con- struction of chimneys, fireplaces, flues, hot-air pipes and furnaces, or who shall violate any of the provisions thereof relating to the framing or trimming of timbers, girders, beams, or other woodwork in proximity to chimney flues or fireplaces, shall forfeit and pay a penalty in the sum of $100. 3. Continuing violation^ after notice. Any person who having been served with a notice as hereinbefore prescribed, to remove any violation, or comply with any requirement of this chapter, or with any order or regulation made thereunder, shall fail to comply with said notice within 10 days after such service or shall continue to vio- late any requirement of this chapter in the respect named in said notice shall pay a penalty of $250. 4. Jurisdiction of penalty actions. For the recovery of any said penalty or penalties an action may be brought in any municipal court, or court of record, in said city in the name of the city; and whenever any judgment shall be rendered therefor, the same shall be collected and enforced, as prescribed and directed by the code of civil procedure of the state of New York. 5. Discontinuance of action upon removal of violation. If any violation shall be removed or be in process of removal within 10 days after the service of a notice as hereinbefore prescribed, the liability of such a penalty shall cease, and the corporation counsel, on request of the superintendent of buildings shall discontinue any BUILDING CODE 141 action pending to recover the same, upon such removal or the com- pletion thereof within a reasonable time. 6. Remission of penalty. The superintendent of buildings, through the corporation counsel, is hereby authorized, in his discretion and upon good and sufficient cause being shown therefor, to remit any penalty which any person may have incurred, or may hereafter incur, under any of the provisions of this chapter; but no such penalty shall be remitted until the violation shall have been removed. The remission of a penalty shall also operate to remit the costs obtained in an action for its collection. (B. C. sec. 150, rev. from L. 1882, ch. 410, § 505, as amend.) An inspector of a department has no power to change the plans and specifica- tions as fixed by the head of the department. Health Dept. v. Hamm, 4 Misc. 602, 34 N. Y. Supp. 730. Nor will the approval of a minor official, as to a change, be a defense to an action to recover a penalty. Fire Department v. Buhler, 35 N. Y. 177 ; Fire Department N. Y. v. Buffum, 2 E. D. Smith, 511. 142 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 6 Charities Article 1. Inmates of public institutions. ARTICLE 1 INMATES OF PUBLIC INSTITUTIONS Sec. 1. Applications for admission; investigation of. § 2. Classification and instruction. § 3. Libraries. § 4. Employment and discipline. Sec. 1. Application for admission; investigation of. — The commis- sioner of public charities shall investigate the circumstances of every person admitted to an institution under his charge, and of the near relatives of such person. Such investigation shall be made, when practicable, before the admission of the person, and the results of the investigation shall be placed on file and preserved with the records of the department. (Charter, § 663.) § 2. Classification and instruction. — The commissioner shall cause all the inmates of institutions under his charge to be classified, at the time of their admission so far as practicable, upon the basis of pre- vious character and conduct, but such inmates may be transferred or reclassified in accordance with their conduct in the institution. The commissioner, within the limits of his appropriation, may establish and maintain in the public institutions under his charge such schools or classes for the instruction and training of inmates, as may in his opinion be desirable. Teachers employed to teach the physically or mentally defective children in institutions subject to the supervision of said commissioner shall receive the same rate of compensation for their services as is now or may hereafter be paid to teachers of similar classes in the public schools of the city. (Charter, § 663.) § 3. Libraries. — The commissioner is empowered to provide in the several institutions within his jurisdiction sufficient space for the purposes of a library for the inmates. He is authorized to accept contributions of books, pamphlets and periodicals, from persons disposed thus to aid in the betterment and welfare of the inmates of the institutions of the department. All such contributions shall be recorded and catalogued; an account shall be kept thereof, and a report concerning the same shall be made at least once in each calendar year. (Ord. June 27, 1911.) § 4. Employment and discipline. — 1. Employment. Every inmate of an institution of the department, whose age and health will permit, shall be employed in cultivating the ground under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the public institutions under his control or for the use of any other department of the city, or in preparing and CHARITIES 143 building sea walls upon islands or other places belonging to the city, or in such mechanical or other labor as shall be found upon examina- tion to suit the capacity of the individual. The articles raised or manufactured by such labor shall be subject to the order of, and shall be placed under the control of the commissioner, and all such articles shall be utilized so far as practicable in the public institutions under his charge or of some other department of the city. All the land under the jurisdiction of the commissioner, not otherwise occupied or utilized, and which is capable of being cultivated, shall, in his discretion, be used for agricultural purposes. The hours of labor required of any pauper or other person committed to or placed under the charge of the commissioner shall be fixed by him. (Charter, §§ 663 and 682 ; in part.) 2. Discipline. In case any pauper under the control of the com- missioner shall neglect or refuse to perform the work allotted to him or her, or shall violate the rules and regulations of the institution of which he or she is an inmate, the superintendent of the institution shall report such insubordination or violation to the commissioner, who may thereupon direct the punishment of such pauper by solitary confinement and by being fed on bread and water; but only for such length of time as the commissioner may consider necessary. In case any pauper shall neglect to perform the work assigned to him or her, or be guilty of any such violation on three or more separate occasions, the commissioner may cause the delinquent to be brought before the proper court or magistrate, and such court or magistrate may commit the accused to the worldiouse or penitentiary as a disorderly person. (Charter, § 682.) 144 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 7 Corrections Article 1. Inmates of correctional institutions. ARTICLE 1 INMATES OF CORRECTIONAL INSTITUTIONS Sec. 1. Classification and instruction. § 2. Libraries. § 3. Employment. § 4. Manufacturing fund. § 5. Details of inmates to other departments. § 6. Discipline. § 7. Records. Sec. 1. Classification and instruction . — The commissioner of cor- rection shall cause all the criminals and misdemeanants under his charge to be classified, so far as practicable, so that the youthful and less hardened offenders shall not be rendered more depraved by the association with and evil example of older and more hardened offenders. He may establish and maintain such schools or classes for the instruction and training of the institution under his charge, as may be authorized by the board of estimate and apportionment. And, to this end, the commissioner may set apart one or more of the penal institutions for the custody of such youthful and less hardened offenders, and he is empowered, in his discretion, to transfer such offenders thereto and from any other of the penal institutions of the city and, when so transferred, to classify them so far as practicable with regard to age, nature of offense, or other fact, and to separate or group such offenders according to such classification, so far as practicable. (Charter, § 698 in part.) § 2. Libraries . — The commissioner is empowered to set aside in the city prison, and in any other place in which persons are held for infractions of the law pending determination by a court, a sufficient space for the purposes of installing a library for the inmates. The commissioner is authorized to accept contributions of books, pam- phlets and periodicals from persons who may be disposed thus to aid in the betterment and welfare of the inmates of institutions of the department. All such contributions shall be recorded and cat- alogued; an account thereof shall be kept, and a report concerning the same shall be made at least once in each calendar year. (Ord. June 27, 1911.) § 3. Employment.-^'EyeTy inmate of an institution under the charge of the commissioner, whose age and health will permit, shall be employed in quarrying or cutting stone, or in cultivating land under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the institutions under CORRECTIONS 145 his control, or for the use of any department of the city, or in pre- paring and building sea walls upon islands or other places belong- ing to the city, upon which public institutions now are or may here- after be erected, or in pubhc works carried on by any department of the city, or at such mechanical or other labor as shall be found, upon examination, to be suited to the capacity of the individual. The hours of labor required of any inmate of any institution shall be fixed by the commissioner. The articles raised or manufactured by such labor shall be subject to the order of and shall be placed under the control of the commissioner, and shall be utilized in the institutions under his charge or in some other department of the city. All the lands under the jurisdiction of the commissioner not otherwise occupied or utilized, and which are capable of cultivation, may be used for agricultural purposes. (Charter, § 700, parts 701, 702.) § 4. Manufacturing fund . — The board of aldermen, in accordance with subdivision 2 of section 23 of article 2A of chapter 26 of the Laws of 1909, as amended by chapter 247 of the Laws of 1913, and in accordance with subdivision 19 of section 20 of article 2 A of the same law, hereby authorizes the establishment of a fund to be known as ^‘Manufacturing Fund, Department of Correction,” and au- thorizes and directs the comptroller to place in such fund all money received or realized through the sale of articles manufactured by the department. He is hereby authorized to charge against such fund any voucher received from the department for the purchase of raw materials to be used in its manufacturing industries. The comp- troller is hereby further authorized and directed to transfer to the general fund of the city, at the end of each calendar year, any sums remaining in said manufacturing fund in excess of $50,000. (Ord. March 31, 1914.) § 5. Details of inmates to other departments . — At the request of the heads of the administrative departments of the city (who are hereby empowered to make such request), the commissioner may detail and designate any inmate of any institution in his charge to perform work, labor and services in and upon the grounds and build- ing or in and upon any public work or improvement under the charge of such other department. And such inmates, when so em- ployed, shall at all times be under the personal oversight and direc- tion of a keeper of the department of correction, but no inmate of any correctional institution shall be employed in a ward of any hospital, except hospitals in penal institutions, while such ward is being used for hospital purposes. The provisions of this ordinance or by any law requiring advertisement for bids or proposals, or the awarding of contracts, for work to be done or supplies to be furnished for any of said departments, shall not be applicable to pubhc work which may be done, or to the supplies which may be furnished under the provisions of the prison law. (Charter § 701.) § 6. Discipline . — In case any person confined in any institution of the department shall neglect or refuse to perform the work allotted to him by the officer in charge of such institution, or shall wilfully violate the rules and regulations established by the commissioner, or shall resist and disobey any lawful command, or in case any such person shall offer violence to any prison officer or to any other pris- 10 146 CODE OF ORDINANCES OF THE CITY OF NEW YORK oner, or shall do or attempt to do injury to such institution or the appurtenances thereof or any property therein, or shall attempt to escape, or shall combine with any one or more persons for any of the aforesaid purposes, the officers of such institution shall use all suitable means to defend themselves, to enforce discipline, to secure the persons of the offenders and to prevent any such attempt to escape, and the officer in charge of such institution in which such person is confined shall punish him by solitary confinement, and by being fed on bread and water only, for such length of time as may be considered necessary; but no other form of punishment shall be imposed, and no officer of any such institution shall inflict any blows whatever upon any prisoner, except in self-defence or to suppress a revolt or insurrection. In every case the officer imposing such pun- ishment shall forthwith report the same to the commissioner and notify the surgeon of the institution. Such surgeon shall visit the person so confined and examine daily into the state of his health until he shall be released from solitary confinement and return to la- bor. The surgeon shall report to the commissioner and to the officer in charge of such institution whenever, in his judgment, the health of the prisoner shall require his release. § 7. Records . — The commissioner shall keep and preserve a proper record of all persons who shall come under his care or custody, and of the disposition of each such person, with full particulars as to the name, age, sex, color, nativity and religious faith of each, to- gether with a statement of the cause and length of detention of each such person. (Charter § 699.) DOCKS, FEUIIIES AND HARBOU CONTROL 147 CHAPTER 8 Docks, Ferries and Harbor Control Article 1. General provisions. 2. Apportionment of wharf property. 3. Buildings and structures on waterfront property. 4. Maintenance of wharf property. 5. Discharge and storage of cargoes. 6. Wharfage rates. 7. Ferries. 8. Protection of navigation. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. § 1. Definitions . — Wherever used in this chapter, the following terms shall respectively be deemed to mean: 1. Canal-boat, a vessel built for navigating the canals of the State, measuring not more than 98 feet in length nor more than 18 feet in width and whose registered net tonnage does not exceed 150 tons. (Rule of Department.) 2. Day, 24 consecutive hours from the time of day or night when a vessel is berthed at a pier or slip. (Charter, § 861.) ARTICLE 2 APPORTIONMENT OF WHARF PROPERTY Sec. 10. City purposes. § 11. Floating baths. § 12. Recreation piers. § 13. Canal boats. § 14. Docks for garden produce. § 15. Oyster and other shell fish traffic. § 16. Powers of dock masters; penalty for refusing to obey their directions. § 17. Intrusion of other vessels into canal boat territory. § 18. Disobedience of orders of commissioner. Sec. 10. City purposes . — The commissioner of docks shall designate and set apart suitable and sufficient wharves, piers, bulkheads, slips and berths in sUps for the use of the several departments of the city. (Charter, § 836.) § 11. Floating baths . — The commissioner shall, upon the requisi- tion of the respective borough presidents, furnish free of charge, 148 CODE OF ORDINANCES OP THE CITY OP NEW YORK in the vicinity of such locations as shall be designated by them, ac- cessible, convenient and safe berths for mooring free floating baths. (Charter, § 834.) § 12. Recreation piers . — The commissioner is hereby authorized to set apart, from time to time, such piers as he shall deem necessary for the purpose of public recreation and for the convenience of dealers in country produce and other merchandise transported to the city for sale. He is hereby authorized to construct or rebuild the piers set apart under the provisions of this section, in such manner as shall provide a deck or upper story thereon and the necessary ap- proaches thereto, which shall be wholly free to the public for recre- ational purposes without the interference of business occupations. The lower deck or street level floor of each such pier shall be reserved for the use of boats and vessels plying upon the canals and tidal waters of the state and bringing merchandise to the city for sale therein. The berthing of boats at such piers shall be under the con- trol of the commissioner, but order shall be maintained by the police department in and around the portions thereof set apart for recrea- tional purposes. Except as herein provided, no wharf property shall be required to be so constructed as to admit of its free use, in whole or in part, for the purposes of public resort and recreation. (Charter § 837, revised.) § 13. Canal boats . — All the waterfront property commencing at the easterly side of pier new No. 4 to and including the easterly side of pier new No. 7, East river, and all the part of the waterfront from and including the north side of the pier at the foot of west 51st street to and including the southerly side of the pier at the foot of west 54th street. North river, shall, from the twentieth day of March to the thirty-first day of December in each year, be set apart, kept and reserved for the exclusive use and accommodation of canal boats and barges engaged in transporting property on the Hudson river, or coming to tide water from the canals of the state, and for the use of lighters engaged in loading or unloading such boats or barges; and the commissioner or other officers aforesaid shall assign such other accommodations for canal boats and barges, in other parts of the port of New York as may, from time to time, be necessary in receiving or discharging their cargoes. The water front property within the limits hereinbefore specified shall not be leased, but shall be reserved by the city for the use and purposes prescribed in this section. During the time specified and when the slips and wharves connected therewith shall be required for the use of canal boats and barges, the commissioner, and all officers who now are or hereafter shall be empowered by law or ordinance to regulate or station ships and vessels in the port of New York, shall prohibit and prevent all other boats, ships or vessels from entering any of the slips, or approaching or lying at any of the wharves within the districts aforesaid. (Charter §§ 854, 854a, 865.) § 14. Docks for gar^n produce. All waterfront property on the Hudson river, from Gansevoort to Little West 12th street, shall be set apart by the commissioner for the use of boats, barges and other vessels engaged in the business of transporting farm and garden produce, at such rates of wharfage as have been or may be lawfully established, and the commissioner may, from time to time, when DOCKS, FERRIES AND HARBOR CONTROL 149 any of such waterfront property is not in actual use for the purposes above mentioned, designate and appropriate the same for any public or general use; provided such designation or appropriation shall be subject at any time to revocation by the commissioner. (Charter § 858.) § 15. Oyster and other shell fish trajfic. — The commissioner may grant permits for vessels or floating structures, engaged in the oyster business and used for the receipt, preparation and opening of oysters and other shell fish, to remain continuously moored to or at any waterfront property, not otherwise specifically appropriated by law or ordinance to the sole use of other kinds of commerce, upon such terms as to wharfage and otherwise, and subject to such regulations as the commissioner may prescribe. All permits so granted by the commissioner shall be subject at any time to revocation by him. Upon any such permit being granted, the person receiving the same, shall be entitled to moor such vessels or floating structures, con- tinuously and until the permit shall be revoked, to or at the dock, pier or bulkhead designated therein, subject to the terms of such permit; provided, however, that, where the city is not the owner of the dock, pier or bulkhead designated in such permit, the consent of the owner of the same, or of the person or persons entitled to collect wharfage therefrom, shall have been obtained. (Charter § 860.) § 16. Powers of dock masters; penalty for refusing to obey their directions. — Each dock master shall have power, within the district assigned to him, subject to the provisions of this code or of any statute: 1. To provide and assign suitable accommodations for all ships and vessels, and regulate them in the stations they are to occupy at water front property; 2. To remove from time to time such vessels as are not employed in receiving or discharging cargoes, to make room for such others as require to be more immediately accommodated for the purpose of receiving or discharging cargoes; 3. To determine as to the fact of such vessels being, fairly and in good faith, employed in receiving and discharging cargoes; 4. To determine how far and in what instance the master and others having charge of ships and vessels shall accommodate each other in their respective situations. Any master or other person, having charge of any vessel, canal boat, barge or lighter, who shall refuse or neglect to move the same when ordered to do so by a dock master, or who shall resist or for- cibly oppose said oflBcer in the discharge of his duties, shall, for every such offense, forfeit and pay the sum of $50, to be recovered with costs of suit, by and in the name of the department of docks and ferries. (Charter § 867.) § 17. Intrusion of other vessels into canal boat territory. When- ever any portion of the waterfront property mentioned in section 13 of this chapter shall be occupied by any ship or vessel, not entitled to occupy the same according to the provisions of that section, and the proprietor or person in charge of any canal boat or barge specified in said section, shall desire to use the berth or slip occupied by such ship or vessel, the commissioner, upon the request of the proprietor. 150 CODE OF ORDINANCES OF THE CITY OF NEW YORK consignee or person in charge of said canal boat or barge, shall forth- with remove such ship or vessel, as far as may be necessary to ac- commodate the canal boat or barge. If the commissioner, upon such request, shall neglect or refuse to comply with the same he shall, for each such neglect or refusal, forfeit and pay to the proprietor of the canal boat or barge, the sum of $50, to be sued for and recovered by and in the name of such proprietor, for his use and benefit, in any court of competent jurisdiction. (Charter § 856.) § IS. Disobedience of orders of commissioner. — Any person, in command or in charge of any vessel, who shall neglect or refuse to comply with any la^ul order or direction of the commissioner in reference to the removal of any vessel, or who shall resist or obstruct the removal of the same, shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 10 days or by both such fine and imprisonment. (Charter § 857, changed.) ARTICLE 3 BUILDINGS AND STRUCTURES ON WHARF PROPERTY Sec. 30. Improvement of water-front property; permit required. § 31. Sheds on piers. § 32. Platforms for fish-trade. § 33. Opening asphalt pavement on water-front property. § 34. Floating docks. § 35. Violations. § 30. Improvement of water-front property; permit required. — No shed, building, office, tally-house, booth, platform or stand shall be erected, nor shall any derrick, hoisting-mast, coal-hopper, sign or advertising device, or obstruction of any kind be placed or main- tained on any water-front property, and no piles shall be driven, nor shall any fiUing-in or construction, repairs, alterations, removals, dredging or demolitions of any kind be made, on any part of the water-front of the city, without a written permit therefor being first had and obtained from the commissioner. (Rules 1 and 2.) § 31. Sheds on piers. — Whenever any person shall be owner or lessee of any pier or bulkhead, and shall use and employ the same for the purpose of regularly receiving and discharging cargo thereat, such owner or such lessee, with the consent of the lessor, may erect and maintain, upon such pier or bulkhead, sheds for the protection of property so received or discharged; provided they shall have ob- tained from the commissioner a permit or license to erect or maintain the same, subject to the conditions and restrictions contained in such permit or hcense; but, when such permit or license has been granted and has been acted upon, it shall not be revoked by the commissioner without the consent in writing of the mayor and of the commissioners of the sinking fund, after due hearing of such licensee. All sheds or structures erected or maintained upon any wharf or pier under any permit or license heretofore granted by the department, or hereafter erected or maintained upon any wharf or pier under any permit or license granted by the commissioner, are declared to be lawful struc- tures, subject to the terms and conditions of the permit or license DOCKS, FEIIRIES AND HARBOR CONTROL 151 authorizing the same. Hereafter, such sheds shall be constructed subject to the regulations and under the authority of the commis- sioner. Any owner or lessee of a pier, or of a pier or bulkhead, or a part thereof, in respect of which the commissioner shall have granted such a permit or license, shall be entitled to the use of the premises so owned or leased by them and no vessel shall be placed in any berth on such pier, or bulkhead, or part thereof, without the consent of such owner or lessee, during the continuance of his permit or license. The commissioner shall have power to build sheds or structures on any wharf or bulkhead belonging to the city, with full authority to lease the same; and any lessee thereof shall have all the rights and privileges above granted. (Charter, § 844.) § 32. Platforms for fish trade. — The lessee of any waterfront prop- erty, to whom lease has been or may hereafter be granted for the use of the wholesale fish trade, may erect and maintain thereon, dur- ing the terms of any such lease or any renewal thereof, such plat- forms, sheds, stands or other structures suitable to the business of the wholesale fish trade as may be approved by the commissioner. (Charter, § 871.) § 33. Opening asphalt pavements on waterfront property. — 1. Appli- cations. Applications to open asphalt pavement under the control of the department must be made to the commissioner. They shall be accompanied by an agreement from the company which has the con- tract for the maintenance of the pavement, if any, to relay it at the expense of the permittee. 2. Bond. The permittee shall give a bond, to be approved by the commissioner and conditioned to indemnify and save harmless the city, its officers, agents and servants, against and from all damages, cost and expense which they may suffer or to which they may be put, by reason of injury to the person or property of another, resulting from carelessness or negligence on the part of the permittee and his agents. 3. Conduct of work. Work under the permit shall be commenced within 10 days after the date of issue, and the permit shall be void at the end of that time, unless reissued. The permit shall be left during the whole time of construction in charge of the foreman at the work. The department of health shall be notified by the permittee of the time and place of making the excavation, in order that the premises may be disinfected. All work under such permit shall be wholly at the expense of the permittee and shall be so conducted as to cause the least possible inconvenience to public travel, residents and private businesses. It shall be done so as not to interfere with the telegraph, telephone, electric light and other subways, water mains or service connections, gas or other pipes, nor with sewers or house connections. All rock within 5 feet of a water, gas or pipe main shall be removed without blasting. All snow and ice upon the pavements within 5 feet upon either side of the opening shall be removed within 24 hours after it falls or forms. The trench, after the main is laid, shall be filled with clean earth, well rammed down as put in. 4. Weather delays. Whenever in consequence of the weather or any process of law, or other unexpected obstacle, the work shall be stopped for so long a time that public travel shall be obstructed, the 152 CODE OP ORDINANCES OF THE CITY OF NEW YORK trench shall be refilled and repaved as if the work contemplated in the permit was actually completed. 5. Laws and ordinances to he complied with. All work done under the permit shall be performed in accordance with the requirements of the commissioner, and in strict compLance with all applicable laws and ordinances, and the rules and regulations of the city departments estabhshed for the purpose of enforcing them. 6. Restoration of pavement. When the pavement opened consists of stone blocks, the work of restoring same shall be begun within 24 hours after notice from the commissioner so to do, and completed as rapidly as possible to the satisfaction of the commissioner, and in case of failure to so commence and complete the work it may be done by the commissioner in such manner as he deems proper and to his satisfaction, and the permittee shall agree to pay the cost of restoring same as shown by the books and accounts of the department of docks and ferries. Where the pavement opened is asphalt the permittee shall agree to send an order to the asphalt company which has the contract for the maintenance thereof to re-lay it at the expense of the permittee and to send a duplicate copy of the order to the chief engineer of the department. It shall also agree to pay the cost of such relaying and the cost of inspecting the work by the department. 7. Revocation of permit. The commissioner shall have the right to revoke the permit at any time. (Rule 13, rearranged.) § 34. Floating docks. — Floating docks may be used, with the con- sent of the owners of the piers or bulkheads, respectively, occupied for such use, or of the persons entitled to collect wharfage for such piers or bulkheads, for^ the purpose of taking up ships or vessels for repair, coppering or finishing; subject to the provisions of all statutes and ordinances regulating the use of the slips, piers and wharves of the city. (Charter, § 870.) § 35. Violations. — Any owner, lessee, occupant or agent of any water-front property who shall place or permit the erection, placing or maintaining of any erection or any structure, for which permit has not been duly obtained from the commissioner, shall forfeit and pay a penalty of SlOO, in addition to all damages for each and every violation of any provision of this article; and there shall be a further penalty of $25 a day for each and every day which shall elapse until any such erection or structure so placed shall be removed, after the expiration of the time, specified in any notice for the removal thereof has been served upon such owner, lessee, occupant or agent. ARTICLE 4 MAINTENANCE OF WHARF PROPERTY Sec. 50. Cleaning, repairing and dredging water-front property. § 51. Overloading waterfront property. § 52. Obstruction by goods, merchandise and materials. § 53. Vehicular obstructions. § 54. Removal of incumbrances and obstructions. § 55. Sale of seized merchandise, vehicles, etc. § 56. Public hacks. § 57. Violations. DOCKS, FERRIES AND HARBOR CONTROL 153 Sec. 50. Cleaning, repairing and dredging ivaier-front property . — The owner, lessee and occupant of any water-front property shall keep the same cleaned and in repair, and he shall keep the slips adjacent thereto properly dredged. Whenever, in the judgment of the commissioner, it shall be necessary so to do, written notices shall be served upon the owner, lessee or occupant of any pier, wharf or bulkhead, or the slip adjoining the same, on or in which cleaning, repairs or dredging are required, specifying the nature and extent of the requirement and the time within which it must be done. (Rule 14.) § 51. Overloading wharf property. — No cargo, goods or merchandise shall be discharged from any vessel upon any pier, bulkhead, wharf structure or marginal street, wharf or place, at which such vessel is being unladen, after a departmental notice has been served upon the owner, consignee, master or other officer of such vessel, or steve- dore, that the same will be endangered by the placing of such cargo, goods or merchandise thereon. No additional cargo, goods or mer- chandise shall be stored upon a marginal street, wharf or place after a departmental notice has been served upon the owner, consignee, agent or representative of such owner or consignee of such cargo, goods or merchandise, that such marginal street, wharf or place, or the pavement and surface thereof, will be endangered by an addi- tional burden. In order that the surface of pavement and cover plates of the marginal streets, wharves and places shall not be dam- aged, cargo, goods or merchandise in excess of 12 tons shall not be transferred on any truck upon or over any marginal street, wharf or place, except by special license or permission of the commissioner; nor shall cargo, goods or merchandise be stored or stacked upon any marginal street, wharf or place in excess of 1,000 pounds per square foot, except by special license or permission of the commis- sioner, and in such manner and method as he may direct. (Rule 3.) § 52. Obstruction by goods, merchandise and materials. — 1. In sheds. The lessees or occupants of any water-front property which has been covered in whole or in part with a shed, shall not allow goods, merchandise, cargo or material of any kind to be discharged thereat or placed thereon, to remain upon the part thus shedded for a period longer than 5 days, without the written permission of the commissioner. 2. Generally. Except as otherwise provided in this section, all goods, merchandise and materials of every kind, landed or placed on any waterfront property, must be removed therefrom within 24 hours. After a departmental notice has been served upon the owner, shipper or consignee of any cargo, to remove the same, a penalty of $25 shall be paid for each and every day during which any part of such goods, merchandise or material shall remain upon such water- front property, after the expiration of said 24 hours, to be recovered from such owner, shipper or consignee, severally and respectively. 3. Removal and storage by^ department. All goods, merchandise and materials of every kind incumbering any waterfront property, after the time designated for the removal thereof shall have expired, shall be liable to be removed by the commissioner to any warehouse or yard, at the sole risk and expense of the owner or consignee of any such goods, merchandise or materials, and all expense incurred for 154 CODE OF ORDINANCES OF THE CITY OF NEW YORK such removal and storage, or otherwise, shall be and become a lien thereon, and they shall not be delivered to the owner or consignee until the same has been paid. (Rules 4 and 9.) § 53. Vehicular obstructions. — No unharnessed truck, cart, wagon or vehicle of any description shall be placed or left at any time on any marginal street, wharf, or place, or on any bulkhead, pier or reclaimed land, within the charge and control of the department, under a penalty of $3, to be recovered from the owner thereof. Any unharnessed truck, cart, wagon or vehicle of any description placed or left on any marginal street, wharf or place or on any bulkhead, pier or reclaimed land, under the charge and control of the department shall be removed by a person and to a place to be designated by the commissioner, and an additional charge of not less than 50 cents per day, for storage, shall be and become a lien thereon, and such un- harnessed truck, cart, wagon or vehicle shall not be delivered to the owner, until said fine and storage charge shall have been paid. (Rule 10.) § 54. Removal of incumbrances and obstructions. — Whenever any wharf, pier, bulkhead or marginal street, shall be incumbered, or its use interfered with by merchandise, lumber, trucks, wagons or any other obstruction, whether of loose materials or structures built upon or affixed to such water-front property without authority of law, the commissioner shall notify the person placing or keeping such merchandise or other obstruction thereon to remove tjie same, within 24 hours after such notice. Whenever the commissioner shall make any order or give any direction in pursuance of the power conferred by this section, the owner, consignee or person in charge of the merchandise, property, or vessel in reference to which such order or direction is given, shall comply with the same without un- reasonable delay, or, in default thereof, the commissioner may em- ploy such laborers and assistance as may be necessary to carry out such order or direction, by the removal of the material, merchandise, or vessel in reference to which the same was given. All expenses, actually and necessarily incurred in effecting such removal, shall be paid by the owner, consignee, or person in charge of the material, merchandise, or vessel so removed, and the amount thereof shall be a lien upon the ^ame, in favor of the department, which may be enforced by proceedings instituted by and in its name, according to the provisions of laws concerning attachments against vessels. The commissioner shall, for the purposes of this section, be deemed a creditor of such owner, consignee or person in charge, and each of them, for the amount of the expenses so incurred and may have and maintain an action against them or either of them, to recover the same. (Charter, §§ 849, 850, 851 abridged.) § 55. Sale of seized merchandise, vehicles, etc. — During the months of January and July in each year, the commissioner shall advertise for 1 week, in the City Record, the merchandise, lumber, trucks, wagons or other incumbrances and obstructions which have been so stored and which have remained unclaimed, setting forth the marks and numbers thereon, the descriptions thereof and the designa- tion of the water-front property from whence the same was removed and the date of such removal. If any of such merchandise, material or vehicle so advertised shall remain thereafter unclaimed for 3 DOCKS, FERRIES AND HARBOR CONTROL 155 months, the commissioner may then sell the same, after further advertisement for 1 week in the City Record, at public auction to the highest bidder. The proceeds of such sale shall be used to pay the expenses of the removal, storage and sale of such incumbrances or obstructions, and any balance thereof shall be held in trust by the commissioner for the owner or owners thereof, for 12 months, when, if not claimed, it shall be paid over to the commissioners of the sinking fund. (Charter §§ 852, 853.) § 56. Public hacks. — No public hack or other vehicle shall stand or be allowed on any pier for the purpose of carrying passengers for hire from the pier, over the streets of the city without a permit. (Rule adopted 1914.) § 57. Violations. — Any person violating any provision of this article, or neglecting or refusing to comply with any order of the commissioner, made thereunder, shall, except as otherwise provided in this article, pay a penalty of $100 for each such violation or neglect or refusal to comply with such order, and the offender shall pay a further penalty of $25 for each day such violation or neglect or re- fusal to comply with the order shall continue. ARTICLE 5 DISCHARGE AND STORAGE OF CARGOES Sec. 60. Jurisdiction of commissioner. § 61. Manner of discharging cargo. § 62. Manure and other offensive refuse. § 63. Inflammable material. § 64. Building material. § 60. Jurisdiction of commissioner. — The commissioner shall have power, from time to time, to make such general rules and regula- tions and give such directions as will secure dispatch in loading and unloading vessels, and the prompt removal of the same from the piers as soon as completed, and also such as shall be necessary to prevent any unnecessary accumulation of freight or merchandise upon any pier or wharf, while any vessel shall be engaged in receiv- ing or discharging her cargo; provided, however, that this power shall not be exercised in reference to any obstruction or incumbrance upon any pier or wharf occupied by any regular line of steamboats or steamships, or by any railroad company, except upon the written request of the occupant or lessee of such pier or wharf. (Charter, § 849.) § 61. Manner of discharging cargoes. — 1. Sand and gravel. No sand, gravel or similar material shall be discharged from or loaded into any vessel, unless canvas or similar material be extended from the vessel’s side to the bulkhead or wharf structure at which such vessel is being unladen, to prevent the falling of the sand into the water; and, if the surface of any of such wharf structures is not sufficiently tight to prevent the sand dumped thereon from going through into the water, then no sand shall be discharged thereon from any vessel, unless canvas or similar material shall be first laid thereon to receive the sand. 156 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2. Use of horses. No vessel of any kind shall be loaded or dis- charged by horsepower, unless proper planking be provided to protect the surface of such pier, bulkhead or wharf structure from injury, consequent upon the travel of the horse, or the unloading of stones or similar cargo thereupon, under a penalty of $25 for each offense, to be recovered from the owner, consignee or master of any such vessel, or stevedore, severally and respectively. 3. Lumber and brick. All lumber, brick or other material in bulk, discharged on any bulkhead, must be placed at least 20 feet from the edge of the bulkhead, pending removal. (Rule 5.) § Q2. Manure and other offensive refuse. — No manure, cellar dirt, garbage, offal, dead animals, or refuse of any kind shall be received or delivered at any pier, bulkhead or reclaimed land, or placed thereon, without the special permit of the commissioner. (Rule 6). § 63. Inflammable material. The loading, discharging or keeping on any wharf, pier or bulkhead or any lighter, barge or other craft moored to any wharf, pier, or bulkhead in the city, of cotton, tur- pentine, rosin, hay, straw or other inflammable material deemed extra hazardous in the standard policy of fire insurance in use in the State of New York, or any explosive, shall not be permitted, unless the same is covered with tarpauhns, or other more permanent or substantial material. (Rule 7.) § 64. Building material. — No brick, sand, gravel or similar ma- terial shall be unloaded on any wharf property, unless a permit therefor shall be issued by the superintendent of docks, and no such material shall be unloaded on unleased city property unless an application shall be submitted to the superintendent, accompanied by a receipt from dock master for $12.50, specifying the name of the vessel from which the cargo is to be unloaded, and a permit issued therefor by the superintendent. At the expiration of 10 days from the date of said permit, if any portion of said cargo remains, a similar application, accompanied by a receipt for $12.50, additional, shall be submitted, as in the first instance. No vessel carrying such material or cargo shall be allowed to occupy a berth for a period longer than 5 days, when said berth is required by another vessel. City wharf property under permit shall be deemed leased property, within the meaning of this section. (Rule 11.) ARTICLE 6 WHARFAGE RATES Sec. 80. General traffic. § 81. State traffic. § 82. Local traffic. § 83. Vessels carrying shell-fish. § 84. Floating structures; grain elevators. § 85. Canal-boats and brick-carriers. § 86. Coal hoists and derrick-scows. § 87. Dump-scows. § 88. Berthing fees. § 89. Payment of wharfage. § 90. Top- wharf age. § 91. Rates to be printed on wharfage bills; overcharge*. DOCKS, FERRIES AND HARBOR CONTROL 157 § 80. General traffic. — Except as otherwise provided in this article, wharfage and dockage shall be charged for each day, or part of day, a ship or vessel shall use or be made fast to any dock, pier, wharf or bulkhead, or shall make fast to any vessel lying at any such water front property, or to any other vessel lying outside thereof and made fast thereto, at the following rates: For each vessel of 200 tons burden and under, 2 c. per ton; and for each vessel over 200 tons burden, 2c. per ton for each of the first 200 tons burden and of Ic. per ton for every additional ton. (Charter, § 859 in part.) § 81. State traffic. — Vessels known as North River barges, market boats and sloops, employed upon the waters of this state, and schoon- ers, exclusively employed upon such waters, shall pay wharfage or dockage for each day or part of a day, at the following rates. Under 50 tons burden $0.50 50 tons, and under 100 .6234 100 tons, and under 150 .75 150 tons, and under 200 8734 200 tons, and under 250 1.00 250 tons, and under 300 1.1234 300 tons, and under 350 1.25 350 tons, and under 400 1.3734 400 tons, and under 450 1.50 450 tons, and under 500 1.6234 500 tons, and under 550 1.75 550 tons, and under 600 1.8734 600 tons and upward, $1.8734 per 50 tons in excess of 600 tons. (Charter, 859 in part.) § 82. Local traffic. — Lighters and barges employed in lightering freight in the port of New York shall pay wharfage and dockage at the rate of Ic. per running foot, actual linear measurement, along the side of the vessel. (Charter, § 859 in part.) § 83. Vessels carrying shellfish. — Vessels of 200 tons burden and under, which shall be actually engaged in carrying oysters or other shellfish, and which make fast to any water-front property shall pay wharfage and dockage at the rate of 134 c. per ton each day, and every such vessel which shall make fast to another vessel lying at any water-front property, or to any vessel lying outside of such vessel, or that shall anchor within any slip or basin, shall pay Ic. per ton per day; provided, that no vessel shall pay less than 25c., nor less than 1 day’s wharfage, nor shall more than 1 day’s wharfage be charged unless for a continuous use of the pier, wharf, bulkhead, slip or basin of more than 24 hours. (Charter § 860.) § 84. Floating structures; grain elevators. — Every vessel or floating structure, other than those above named, used for transportation of freight or passengers, shall pay double the first rate prescribed in § 80 of this article; except that floating grain elevators shall pay one-half of such rate. (Charter, § 859.) § 85. Canal boats and brick carriers. — Every canal boat and every vessel engaged in freighting brick on the Hudson river, occupying a berth next to any water-front property and engaged in delivering cargo upon said pier, wharf, or bulkhead, or receiving cargo there- 158 CODE OF OHDI NANCES OF THE CITY OF NEW YORK from, shall pay wharfage at the rate of 50c. for every day or part of a day while so engaged; but, when unloaded, such canal boats or ves- sels shall pay wharfage at the rate of 30c. per day or part thereof; provided no canal boat or vessel, lying in any slip between two adjacent piers, shall be required to pay full wharfage to the owners or lessee of both such piers for the same day, notwithstanding she may, during said day, have changed her location between the piers; but she shall pay one-half rates to each owner or lessee in such case. (Charter, § 861.) § 86. Coal hoists and derrick scows. — Coal hoists on scows or floats and vessels, loading or unloading derrick stone, old paving blocks and asphalt from street surfaces, shall pay $1.00 per day for derrick scow; $1.00 per day for boat lying next to a dock or next to a derrick, and regular wharfage for any additional boats. Derrick scows occupying berth without scows or other vessels, $2.00 per dav. (Rule.) § 87. Dump scows. — Vessels loading or unloading ashes or similar material shall pay wharfage or dockage at the rate of Ic. per day per running foot. (Rule.) § 88. Berthing fees. — ^Every vessel making fast to a vessel at any pier, wharf, or bulkhead, or to another vessel outside of such vessel, or at an anchor within any slip or basin, when not receiving or dis- charging cargo or ballast, shall pay one-half of rates provided for vessels of her class in the preceding sections of this article. (Charter, § 859; in part.) § 89. Payment of wharfage. — Dock masters must collect in cash . any and all wharfage daily except in cases where a credit account has been opened by consent of the commissioner. Payment for wharf- age, by those having credit accounts, must be made direct to the cashier of the department within 10 days after receipt of bill. In case a vessel shall leave a pier, wharf, bulkhead, slip or basin before the payment of the wharfage or dockage due on her account, the owner, consignee or person in charge of such vessel shall be liable to E ay double the rates of wharfage for vessels of her class, established y the preceding sections of this article. (Rule.) § 90. Top wharfage. — The owner or the lessee of any wharf, pier or bulkhead may charge and collect the sum of 5c. per ton on all goods, merchandise and materials remaining on the water front property, owned or leased by him, for every day after the expiration of 24 hours from the time the goods, merchandise and materials shall have been left or deposited thereon, and he shall have a lien on such goods, merchandise and materials for such charges until the same shall have been paid. (Charter, § 862.) § 91. Rates to he printed on wharfage bills; over charges. — All persons owning or having charge of water front property shall cause all provisions of this article to be printed on the back of each bill pre- sented by them for wharfage, and the owner, consignee, or person in charge of any vessel shall not be required to pay the wharfage or dockage due on such vessel unless, upon his demand, the bill pre- sented to him is printed in conformity with this section. Any person, owning or having charge of any water front property, who shall receive for wharfage any rates in excess of those authorized by this article, shall forfeit to the party aggrieved treble the amount so DOCKS, FERUIES AND HARBOR CONTROL 159 charged as damages, to be sued for and recovered by the party ag- grieved. (Charter, § 863.) ARTICLE 7 FERRIES Sec. 100. ARTICLE 8 PROTECTION OF NAVIGATION Sec. 120. Obstructions to navigation. § 121. Vessels lying at ends of piers. § 122. Fouling navigable waters. § 123. Ashes and refuse from vessels. § 124. Violations. Sec. 120. Obstructions to navigation. — In case any pier, bulkhead, platform or other wharf structure shall be abandoned and constitute an obstruction to navigation, or a vessel shall be stranded, sunken or wrecked and be abandoned for 10 days, the commissioner shall notify the owner of such abandoned property or vessel, if known to him, to remove the same forthwith, but if the owner be not known to the commissioner, or is not within the city, or shall fail to comply with the notice, the commissioner shall cause such obstruction or vessel to be removed, and the expense of such removal shall be recoverable by action from the owner and shall be a lien on the property or vessel so removed until paid. If such property or vessel be not claimed within 30 days after removal, the commissioner shall advertise the same for sale, at public auction to the highest bidder, in the City Record for 6 days. The proceeds of each such sale shall be paid into the city treasury. (Rule 11.) § 121. Vessels lying at outer end of wharfs. — No vessel, canal boat, barge, lighter or tug shall obstruct the waters of the harbor, by lying at the exterior end of wharves in the waters of the North or the East River, except at their own risk of injury from vessels entering or leaving any adjacent dock or pier. (Charter, § 879.) § 122. Fouling navigable waters. — 1. Dumping. No wharf, pier or slip, or bulkhead adjacent thereto, in the navigable waters of the port of New York, which has heretofore been used for the loading and discharging of sailing vessels, regularly employed in foreign commerce and having a draught of more than 18 feet of water, shall be used as a dumping ground. 2. Harbor pollution. The placing, discharging or depositing, by any process or in any manner, of offal, fruit, vegetables, piles, lumber, timber, driftwood, dirt, ashes, cinders, mud, sand, dredging, sludge, acid, or any other refuse matters, floatable or otherwise, in the tidal waters of the port of New York is hereby strictly prohibited, except under the supervision of the United States supervisor of the harbor. 3. Snow and ice. No snow or ice shall be dumped into the waters adjacent to water-front, except from piers, bulkheads and other UK) CODE OF ORDINANCES OF THE CITY OF NEW YORK places designated from time to time by the commissioner. (Charter, § 878, Rule 8.) § 123. Ashes and ref use from vessels . — Scows employed by the city or by contractors for removing ashes, garbage and refuse, while moored at the various dumping boards of the city are hereby re- quired to receive, directly, all ashes or rubbish from vessels in the harbor, and 2 or more scows shall be located at such points as the supervisor of the harbor may direct, for the special use of boats and vessels wishing to discharge ashes or rubbish. (Charter, §881.) § 124. Violations . — Any person violating any provision of this article shall, upon conviction therefor, be punished by a fine of not more than $250 nor less than $5, or imprisonment for not more than 6 months nor less than 10 days, one-half of said fine to be paid to the person giving information which shall lead to the conviction of the offender. (Charter, § 880.) CHAPTER 9 Electrical Control (So in original. This matter will presumably be taken up in the future.) EXPLOSIVES AND HAZARDOUS TRADES 161 CHAPTER 10 Explosives and Hazardous Trades REGULATIONS OF THE MUNICIPAL EXPLOSIVES COMMISSION Article 1. General provisions. 2. Certificates and permits. 3. Bonds and fees. 4. Manufacture, storage, sale, transportation and use of explosives. 5. Ammunition. 6. Fireworks. 7. Matches. 8. Mineral oils. 9. Inflammable mixtures. 10. Combustible mixtures. 11. Garages. 12. Motor vehicle repair shops. 13. Dry cleaning and dry dyeing estabhshments. 14. Sponging. 15. Paints, varnishes and lacquers. 16. Calcium carbide. 17. Gases under pressure. 18. Refrigerating plants. 19. Nitro-cellulose. 20. Inflammable motion-picture films. 21. Distilled hquors and alcohols. 22. Oils and fats. 23. Technical establishments. 24. Wholesale drug stores and drug and chemical supply- houses. 25. Retail drug stores. 26. Miscellaneous. This chapter consists of the Regulations of the Municipal Explosive Commission rearranged and classified, These regulations were originally authorized by Ord. of May 19, 1902, pursuant to § 763 of the charter. But ch. 495, L. 1914, abolished the Commission, transferred its powers to the Fire Comr., made the existing regula- tions a chapter of the code of Ordinances, and gave the Board of Aldermen power “to amend or repeal.” ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. § 2. Construction of chapter. § 3. Federal government. § 4. City officers. § 5. Seizure of contraband material. § 6. Revenues, disposition of. § 7. Electrical perils, protection against. 11 162 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 8. Smoking prohibited. § 9. Fire extinguishing apphances. Sec. 1. Definitions. — Unless otherwise expressly stated, whenever used in this chapter the following terms shall respectively be deemed to mean: 1. Ammunition^ a metal or other shell containing a fuhninate, or containing black or smokeless powder for the purpose of propelling projectiles or shot; or black or smokeless powder packed for use as a propelling charge or for saluting purposes; 2. Black powder { gunpowder) ^ any explosive substance composed of sulphur, charcoal and either sodium or potassium nitrate: 3. Blasting cap, a cap or detonator, with wires attached for ex- ploding the same by means of electricity; 4. Blasting powder, an explosive substance composed of sulphur, charcoal and sodium nitrate, specially prepared for the purpose of blasting; 5. Bond, a written obligation or undertaking, under seal, whereby an applicant for or holder of a permit engages and agrees to indem- nify the city for any loss, damage or injury resulting from his acts under such permit; 6. Building or separate building, a unit of construction with ex- terior masonry walls, erected upon suitable foundations. No por- tion of a building shall be considered a separate building unless the dividing wall or walls rise from the foundation to some height above the roof; 7. Certijicate of approval, a written statement issued by the fire commissioner, certifying that the t3T)e, class or kind of article or thing mentioned therein has been examined, tested and approved in conformity with this chapter, and that it is authorized to be manufactured, stored, transported, sold or used; 8. Certificate of fitness, a written statement issued by the fire commissioner, certifying that the person to whom it is issued has passed an examination as to his qualifications to perform the work mentioned therein, and that he has authority to perform such work during the term specified; 9. Certificate of registration, a written statement issued by the fire commissioner, certifying that the person, association or corporation named therein has registered his or its name with the commissioner in conformity with the provisions of this chapter; 10. Combustible fiber, any finely divided vegetable or animal fiber, fabric or substance; 11. Combustible mixture, any liquid or solid mixture, or substance,* or compound, which does not emit an inflammable vapor at a tem- perature below 100°, when tested in a Tagliabue open cup tester, but which may be ignited and caused to burn; 12. Dry cleaning or dry dyeing, the act or process of washing or immersing in volatile inflammable oil or liquid a garment, fabric, fiber, substance or article, for the purpose of cleaning or dyeing the same; 13. Essential oil, an oil used for flavoring or perfuming purposes; 14. Explosive, explosive compound or mixture, or explosive article, any substance or compound or mixture, or article having properties EXPLOSIVES AND HAZARDOUS TRADES 163 of such a character that alone, or in combination or contiguity with other substances or compounds, may decompose suddenly and gen- erate sufficient heat or gas or pressure, or any or all of them, to produce rapid flaming combustion, or administer a destructive blow to surrounding objects; 15. F.y Fahrenheity the Fahrenheit thermometer; 16. Fire resisting material, all non-combustible material, and all combustible materials used in the construction of any building, premises, or part thereof, when covered with metal, plaster, con- crete, asbestos or other non-combustible substance, or treated with an approved fireproofing process which prevents, delays or retards combustion; 17. Fireworks, any combustible or explosive composition, or any substance or combination of substances, or article, prepared for the purpose of producing a visible or an audible pyrotechnic effect by combustion, explosion, deflagration or detonation; 18. Fuel oil, any liquid mixture, substance or compound, derived from petroleum, which does not emit an inflammable vapor below a temperature of 125° F., when tested in a Tagliabue open cup tester; 19. Garage, a building, shed or enclosure, or any portion thereof, in which a motor vehicle, containing volatile inflammable oil in its fuel storage tank, is stored, housed or kept; 20. Gas under pressure, a gas or compound or gases, either in a gaseous or liquid form, compressed to a pressure greater than 6 pounds to the square inch; 21. Guncotton, that nitro cellulose chemically known as hexa- nitro-cellulose, and generally used alone or in combination with other substances as a blasting explosive or as a propelling charge, and includes all cellulose nitrates of a higher degree of nitration : 22. Inflammable mixture, any liquid, or any mixture, substance, or compound, that contains more than 10 per cent, by volume of volatile inflammable oil, or which will emit an inflammable vapor at a temperature below 100° F., when tested in a Tagliabue open cup tester; 23. Inflammable motion picture film, a film made of nitro-cellulose product or other similar substance, used for the purpose of displaying motion-pictures for exhibition: 24. Kerosene or Kerosene oil, any liquid product of petroleum, commonly used for illuminating purposes, which does not emit an inflammable vapor below a temperature of 100° F., when tested in a Tagliabue open cup tester; 25. Lubricating oil, an oil used to reduce friction, whether of animal, vegetable or mineral origin, or a compound thereof ; 26. Match, a stick, fibre or wick of wood, paper or other material, cut, prepared, manufactured or treated so that, by friction, contact or otherwise, with or upon a surface or substance, it will ignite and produce a flame or combustion ; 27. Motor vehicle, a vehicle or other conveyance having more than 2 running wheels, and using a volatile inflammable oil as fuel for generating motive power, excepting such vehicles as have a storage tank of a capacity of less than 2 gallons of a volatile inflam- mable oil; 164 CODE OF ORDINANCES OFJTHE CITY OF NEW YORK 28. Motor vehicle repair shop, a building, shed or enclosure, or any portion thereof, wherein is conducted the general business of repairing motor vehicles; 29. Nitro-cellulose product, any substance, material, or compound, having soluble cotton as a base, including pyralin, celluloid, fibreoid, viscoloid, and similar materials and compounds by whatever name known, when in the form of blocks, slabs, sheets, rods, tubes or other shapes, and intended to be used for further manufacture; 30. Oil and fat, any oil, fat or grease, of animal, vegetable or mineral origin, except essential oils; 31. Permit, the written authority of the fire commissioner, issued pursuant to this chapter, for the manufacture, transportation, storage, sale, or use of any finished or unfinished product, article or thing, or any material or substance entering into the composition thereof ; 32. Private garage, a garage wherein motor vehicles containing volatile inflammable oil are stored, housed or kept, and which are not for sale, rent or hire, or subject to charges for storage; 33. Public garage, a garage wherein motor vehicles containing volatile inflammable oil are stored or housed for pay, or kept for sale, rent or hire; 34. Retail drug store, a store or building used for the compounding and dispensing, usually in the form of physicians’ prescriptions, or for the selling of small quantities of medicinal preparations, pro- prietary articles, drugs, chemicals, oils, volatile solvents and other substances which, alone or in combination with any other article or substance, are of a highly combustible, inflammable or explosive nature; 35. Safety or slow burning fuse, a train, or core, of black powder surrounded by strands of jute, hemp or other fiber, and usually covered with a waterproofing material; 36. Smokeless powder, a propellant for small arms or cannon, in the combustion of which smoke is largely eliminated, and having for its explosive base nitro-cellulose in varying proportions; 37. Soluble cotton, pyroxylin or nitro-cellulose, including all cellulose nitrates below that chemically known as hexa-nitro-cellu- lose, and soluble in a volatile inflammable liquid; 38. Special permit, the written authority of the fire commissioner (a) to conduct a given business, occupation, trade or industry in a manner not specifically provided for in this chapter, when the circumstances and conditions surrounding such business, occupa- tion, trade or industry make it impracticable to comply with the general regulations otherwise applicable thereto; or (b) to store, keep, transport, sell or use a given article or thing in excess of the quantity specified in this chapter. The term “special permit” shall also include certificates of fitness and certificates of approval; 39. Sponging, the act or process of applying volatile inflammable oil or liquid to a garment, fabric, fiber or article, for the purpose of removing spots or stains therefrom; 40. Technical establishment, a building or place where explosives, inflammable or highly combustible substances are produced, used or stored for use, or where chemicals or other materials entering into the jiroduction of such substances are stored or used, excepting EXPLOSIVES AND HAZARDOUS TRADES 165 those establishments which are specifically treated under other classifications in this chapter; 41. Tenement-house, a tenement house as defined in the Tenement House Law, L. 1909, Ch. 99, Sec. 2, Subd. 1, as amended by Ch. 13, L. 1912; 42. Vault, a covered excavation, or chamber, below the street level, with masonry walls and^roof, constructed outside the founda- tion walls of a building, and with but one entrance, fitted with a self-closing fireproof door; 43. Volatile inflammable oil, any oil or liquid that will generate an inflammable vapor at a temperature below 100° F. when tested in a Tagliabue open cup tester; 44. Wholesale drug store or drug and chemical supply house, a build- ing or place used for receiving, handling, storing or keeping for sale, in large quantities, medicinal preparations, proprietary articles, drugs, chemicals, oils, volatile solvents, and other substances which, alone or in combination with other substances or articles, are of a highly combustible, inflammable or explosive nature. § 2. Construction of chapter. — Wherever in this chapter a given article refers to and treats of a particular business, trade or industry, the regulations therein contained shall not be held to apply to any other business, trade or industry not specifically mentioned or referred to in such article. § 3. Federal government. — Nothing contained in this chapter shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the interstate commerce commission; nor as applying to the military or naval forces of the United States, nor to the duly authorized militia of any state or territory thereof. § 4. City officers. — The heads of the various departments of the city shall be subject to the provisions of this chapter with regard to obtaining permits and with regard to the requirements for certifi- cates of fitness for their employees; but they shall not be required to furnish a bond or to pay a fee in connection therewith. § 5. Seizure of contraband material. — Any article or thing the manufacture, transportation, storage, keeping, sale or use of which is prohibited by this chapter, or which is manufactured, transported, stored, sold, kept, or used in violation thereof, is liable to seizure by the fire commissioner, and may be disposed of at his discre- tion. § 6. Revenues, disposition of. — All fees, fines and forfeitures, and all proceeds of suits for penalties, which may be paid or collected pursuant to this chapter, shall be paid in and disbursed pursuant to chapter xv, title 5 of the Charter. § 7. Electrical perils; protection against. — In workshops, factories, and other establishments, where volatile inflammable oils or liquids, or inflammable or explosive substances, are used or handled, all fixtures, machinery and apparatus liable to generate or be affected by an electric spark, or which are in any way exposed to the influence of an electric discharge (such as lighting), shall be grounded’^ in a manner satisfactory to the fire commissioner. § 8. Smoking prohibited. — No person shall smoke or carry a lighted cigar, cigarette, pipe or match wfithin any room or enclosed place, or 166 CODE OF ORDINANCES OF THE CITY OF NEW YORK in any cellar or basement, or in any part of any premises in which an explosive or highly combustible or inflammable material is manufac- tured, stored or kept for use or sale. Offices not containing explosive, highly combustible or inflammable material, and separated from the other parts of said places or premises by a tight partition or a self-closing door, shall be exempt from the above prohibition. § 9. Fire-extinguishing appliances, — ^The fire commissioner may, before granting any permit hereinafter prescribed, require the installation of water-buckets, sand buckets, fire extinguishers, metal receptacles for rubbish and other means of preventing and extin- guishing fire, where the same are not specifically required in this chapter. Regulations and orders issued herein come within the police power and will be so treated. Foote v. Fire Dept.» 5 Hill, 99; Cathcart v. Fire Dept., 26 N. Y. 529. An inspector may be required to act without waiting for order from Fire Com- sioner. People v. Murray, 76 App. Div. 118, aff’d 175 N. Y. 479. ARTICLE 2 CERTIFICATES AND PERMITS Sec. 20. Applications. § 21. Certificate of fitness. § 22. Certificate of approval. § 23. Certificate of registration. § 24. Permits; general provisions. § 25. Special permits. § 26. Renewals; revocation. § 27. Inspection. Sec. 20. Applications. — All applications for certificates or permits required by the provisions of this chapter shall be made to the fire commissioner, in such form and detail as he shall prescribe, and con- taining such information as he shall require. Except applications for certificates of fitness, they shall be accompanied by such plans, drawings, models or samples as the commissioner may require. § 21. Certificate of fitness. — 1. Qualifications. An applicant for a certificate of fitness must — (a) Be at least 21 years of age; (b) Have a reasonable understanding of the English language and be able to answer satisfactorily such questions as may be asked him upon his examination; (c) Produce such evidence of his character, habits and past employment as may be satisfactory to the commission; (d) Pass an examination, by a person or body designated by the fire commissioner, upon the law and ordinance regulations governing the transportation, storage and use of the substance, compound or article relating to or connected with the service to be performed by him; upon the risks incident to his employment, and upon his knowl- edge of the precautions necessary to be taken in connection therewith. Upon the approval of such examiner or examining body, the fire commissioner may issue to him a certificate of fitness. An applicant for such certificate, who has failed to pass a satisfactory examination EXPLOSIVES AND HAZARDOUS TRADES 167 may renew his application after the expiration of 3 months from the date of his last examination ; 2. Photographs. Each application for such a certificate shall be accompanied with 2 unmounted photographs of the applicant, taken in ordinary working clothes, not less than 2 by 3 inches; one of which shall be attached to the application, the other to the certificate of fitness when issued. § 22. Certificates of approval. — Each application for a certificate of approval shall be accompanied with the article or thing sought to be approved, or with complete working drawings thereof. The appli- cant for the certificate shall, at his own cost and expense, furnish to the fire commissioner any required opportunity to make an analysis, test or examination of the article or thing which is the subject of his application, under such conditions as may be prescribed by the commissioner; or shall, if directed, have such analysis, test or exam- ination made at a laboratory or testing establishment to be desig- nated by the commissioner. Each article or thing of a type for which a certificate of approval shall have been issued shall have the number of such certificate plainly marked or stamped thereon, or attached thereto. § 23. Certificates of registration. — An application for a certificate of registration of the name of a person, association or corporation manufacturing, outside the city, any article or thing which is to be stored, sold and used within the city, shall be in such form and detail as the fire commissioner may prescribe, and shall contain a general description of the article or thing sought to be registered. § 24. Permits; general provisions. — 1. Survey. Before issuing a permit for the manufacture, storage or sale of any article or thing covered by this chapter, the fire commissioner may require a survey to be made of the premises where such manufacture, storage or sale is to be conducted. 2. Not transferable. A permit is not transferable, but the business may be transferred to a new location under the same ownership, and in case a business conducted under a permit changes ownership, the new owner, before assuming control of such business, shall obtain a new permit. § 25. Special permits. — 1. Continuing old business. The fire com- missioner may, by special permit, authorize the continuance of any business, or the storage, sale or use of any article, apparatus or thing which was originally authorized by a permit issued under the regula- tions of the municipal explosives commission, in force on January 1, 1912, or he may waive the operation of this chapter, or any portion thereof, in sparsely populated districts. 2. Modifications. When the circumstances, conditions, limitations or surroundings of any business, occupation, trade or industry are unusual, or such as render it impracticable to enforce all regulations otherwise applicable thereto, a special permit may be issued, with such modifications of requirements as may be deemed proper. § 26. Renewals; revocation. — Unless otherwise specifically provided, all permits, certificates of fitness and certificates of registration issued pursuant to this chapter shall be valid for one year from date of issue; but certificates of approval of a type, class, article, apparatus, system or thing shall not require renewal. The fire commissioner 168 CODE OF ORDINANCES OP THE CITY OF NEW YORK may, however, at any time modify, suspend or revoke any permit or certificate. § 27. Inspection . — A permit or certificate, issued pursuant to this chapter, shall at all times be subject to inspection by any officer of the fire or police departments. ARTICLE 3 BONDS AND FEES Sec. 40. Bonds, general provisions. § 41. Schedule of bonds required. § 42. Fees for certificates. § 43. Fees for permits. § 44. Fees for special permits. Sec. 40. Bonds; general provisions . — All bonds required to be given under the provisions of this chapter shall be approved by the comptroller, as to the sufficiency of the sureties, and conditioned for the payment of any loss, damage or injury resulting to persons or property by reason of carelessness, negligence or failure to comply with the requirements of this chapter, respecting the manufacture, transportation, storage, sale, handling or use, within the city, of any article or thing covered by this chapter; except that no bond shall be required of a contractor in connection with work to be per- formed by him under a contract with the city, provided he has filed a general indemnity bond covering such contract. § 41. Schedule of bonds required . — Except as provided in § 40 of this chapter, applicants for permits of the following classes shall give bonds in the penal sums hereinafter specified, namely: Class of Permit. Bond. 1. Explosives: to bring into the city, and sell, transport and de- liver $ 5,000 00 for each vessel in the local trade 5,000 00 for each vehicle engaged in local delivery 5,000 00 for magazine, first class 25,000 00 second class 20,000 00 third class 15,000 00 fourth class 10,000 00 fifth class 5,000 00 to use 5,000 00 2. Fire-works: to manufacture, bond oi not less than 5,000 00 to store and sell, wholesale value of $500 2,000 00 wholesale value of $1,500 5,000 00 to use and discharge, wholesale value over $10, single occasion 1,000 00 at various times within the same enclosure. . . . 2,000 00 EXPLOSIVES AND HAZARDOUS TRADES 169 § 42. Fees for certificates . — Applicants for certificates issued under Class of certificate. Fee. 1. Certificate of fitness as magazine keeper $ 2 00 other certificates of fitness 5 00 2. Certificate of approval 25 00 3. Certificate of registration, the fee required for a permit to manufacture a similar article or thing within the city. § 43. Fees for permits . — Applicants for permits under the provi- sions of this chapter shall pay annual fees as follows: Class of permits. Annual fee Ammunition for small-arms: to load by hand $ 500 to store and sell, in quantities specified in § 81 50 00 in quantities not exceeding 25 per cent, of quantities specified in § 81 10 00 to use blank cartridges on the stage 2 00 Black powder j blasting powder or smokeless powder: to store 14 to 250 lbs 10 00 under 14 lbs 5 00 Calcium carbide: to store, less than 600 lbs 10 00 more than 600 lbs 25 00 Combustible mixtures: to manufacture 25 00 to store and sell 2 00 Drug store, or drug or chemical supply-house: to maintain and operate, wholesale 10 00 to maintain and operate, retail 2 00 Electric and other blasting caps, to store and sell 25 00 Explosives: to bring into the city and sell, transport and deliver.. 250 00 for each vessel carrying locally 50 00 for each vehicle delivering locally 50 00 to use 25 00 each magazine, first class 25 00 second class 20 00 third class 15 00 fourth class 10 00 fifth class 5 00 Essential oils, storage and sale, 500 lbs. and over 10 00 100-500 lbs 5 00 not exceeding 100 lbs 2 00 170 CODE OF OKDINANCES OF THE CITY OF NEW YORK Fire-crackers j to store in warehouse $ 25 00 Fire-works: to manufacture and store 100 00 to store and sell, at any one time: wholesale market value of $1,500 25 00 of wholesale market value of $500 10 00 to use and discharge fire-works: at various times within the same enclosure 25 00 • on single occasion, of market value of over $10 . . . 2 00 of market value of less than $10 50 Fxiel oil, storage and use of over 5 bbls 5 00 Garage, to maintain and operate, private, for storage of a single motor vehicle 5 00 each additional motor vehicle 2 00 public, one gasoline storage tank 25 00 each additional gasoline storage tank 10 00 no gasoline storage tanks 15 00 Gases: to generate and compress acetylene and other combus- tible gases, including storage of neces- sary carbide 50 00 same, pressure not to exceed 15 lbs. to sq. in 5 00 to generate and compress non-combustible 25 00 to store, sell or use non-combustible gases in quantities of 250 cu. ft. or over 5 00 same, less than 250 cu. ft 2 00 to store tanks or cylinders of acetylene, not exceeding 2,500 cu. ft 5 00 to use oxygen in blow-pipe with combustible gas .... 5 00 Hydro-carhon and other coal-tar products: to distill, handle and transport 100 00 Inflammable mixtures: to manufacture 50 00 except where no volatile inflammable oil or inflam- mable coal tar product is stored on the premises . . 10 00 to store and sell, in excess of 250 gals 10 00 from 50 to 250 gals 5 00 for quantities not exceeding 50 gals 2 00 Inflammable motion picture films, to manufacture, develop or store 50 00 Kerosene and other illuminating oils, to store and sell in quantities not exceeding 275 gals 1000 Liquors, spirits or alcohols, to manufacture, distill, rectify or store 10 00 Machine oils, lubricating and other heavy oils, to store and sell, over 5 bbls 10 00 Matches: to manufacture 25 00 to store and sell, less than 500 matchman’s gross .... 5 00 less than 5,000 matchman’s gross. . . 10 00 more than 5,000 matchman’s gross. . 50 00 EXPLOSIVES AND HAZARDOUS TRADES 171 Motor-vehicle repair-shop, to maintain and operate $ 10 00 for storing volatile inflammable oils, for each tank of 275 gals, or less, a fee of 15 00 Nitro-cellulose products: to store and use in manufacture, 100 lbs. or more. ... 50 00 less than 100 lbs 10 00 to collect, transport or store scraps of 5 00 Oils and fats, to store 10 00 Paints, varnishes or lacquers: to manufacture, mix or compound, generally 50 00 paints only 25 00 to store and sell, 500 gals, or more 25 00 100 to 500 gals 10 00 less than 100 gals 2 00 to store and use, 500 gals, or more 10 00 100 to 500 gals 5 00 20 to 100 gals 2 00 Petroleum, to refine and distill 300 00 Petroleum, shale oil and the liquid products thereof and of coal-tar: to store in a storage plant 100 00 to store and sell, not over 10 bbls. or 500 gals, in cans 20 00 at retail, not over 100 gals 10 00 Technical establishment, to operate and maintain 25 00 Volatile inflammable oils: to store and sell to motor boats, not over 10,000 gals. 25 00 to store and use in dry-cleaning or dry-dyeing plants: 275 gals, or over 50 00 70 to 275 gals 20 00 not exceeding 70 gals 10 00 sponging plant 2 00 Board has power to require as a license fee a sum reasonable in amount to defray expense of issuing and recording license. Mayor v. Miller, 12 Daly, 496. § 44. Fees for special permits . — For a special permit the applicant shall pay the fee fixed by the fire commissioner at the time of au- thorizing the permit. ARTICLE 4 MANUFACTURE, STORAGE, SALE, TRANSPORTATION AND USE OF EX- PLOSIVES Sec. 60. Manufacture prohibited. § 61. Storage, sale, transportation, use or possession of explosives, generally. § 62. Packing and marking. § 63. Magazines. § 64. Delivery by vehicle. § 65. Vessels carrying explosives. § 66. Report of deliveries. § 67. Blasting caps. 172 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 68. Black powder, blasting powder or smokeless powder. § 69. Use; blasting. Storage of large quantities of explosives is a nuisance. Ricker v. McDonald, 89 App. Div. 300. Sec. 60. Manufacture prohibited. — No person shall manufacture railroad track torpedoes, flashlight compositions; primers, electric fuses, safety fuses or blasting caps; explosives or any composition used to obtain audible or visible effects by combustion, explosion or detonation in cannon, machine or rapid-fire guns; shells, torpe- does or war rockets in the city. § 61. Storage, sale, transportation, use or possession of explosives, generally. — 1. Permit. No person shall transport, store, sell, deliver, use or have in his possession any explosive without a permit. 2. Gun-cotton. No person shall transport, store or sell any gun- cotton, except in a water-tight metal vessel containing no more than 10 pounds of gun-cotton, dry weight, and at least 20 per cent, of water. 3. Nitro-glycerine. 1. No person shall transport, store, keep, sell, deliver, use or have in his possession any liquid nitro-glycerine, nor shall any person store, transport or use between November 1st and March 15th, any explosive which will freeze or deteriorate at a temperature higher than 10° above zero F.; provided, that permits may be issued for the transportation and sale of nitro-glycerine in the form of tablets, pills or granules, in quantities not exceeding 10,000 pieces, containing no more than one-fiftieth of a grain each. No explosives containing nitro-glycerine, and not intended for use within the city, shall be stored or kept therein or landed at or upon any dock, pier or bulkhead thereof. 4. Transportation or delivery. No person shall transport or de- liver any explosive between sunset and sunrise, nor in a completed tunnel or subway under land or waters, or in or upon any public conveyance, nor shall any explosive be transported through, in or upon any street, except in the manner provided in § 64 of this chapter. 5. Supervision. No person shall bring into the city, nor transport, store, deliver or use any explosive therein unless same shall be con- tinually under the care and supervision of one or more persons, each holding a certificate of fitness. 6. Unapproved kinds, types or brands. No permit shall be issued for the bringing into the city or for the transportation, storage, sale or use therein, of any explosive which is not of a type, kind or brand that has been examined, tested and approved by the fire commis- sioner. § 62. Packing and marking. — No person shall sell or deliver for use any explosive except in original and unbroken packages, and when packed as follows: 1. Dynamite and other blasting compounds containing a liquid which may exude — in strong wooden cases, lined with a liquid-proof paper lining sufficient to prevent the exudation of the liquid. Such cases shall be of two sizes only — to contain 50 pounds and 25 pounds of explosives, respectively; 2. Other blasting compounds {except black and smokeless powder) which do not contain a substance subject to deleterious influences EXPLOSIVES AND HAZARDOUS TRADES 173 by exposure to moisture — in strong wooden cases, of two sizes only — to contain 50 pounds and 25 pounds of explosives, respectively. 3. Sticks or cartridges. All explosives put up in the form of sticks or cartridges shall be packed so as to lie on their sides; and when the boxes are loaded in or upon a wagon, tender, lighter or vessel, they shall be so arranged that the sticks or cartridges rest on their sides; 4. Marking. All packages containing explosives for transporta- tion, storage, sale or use shall bear the name and brand of the ex- plosive and the name of the manufacturer, and shall have plainly marked on the top and on one end or side thereof the words, “HIGH EXPLOSIVES— DANGEROUS;’^ and shall also have plainly marked on the top thereof the words, “THIS SIDE UP.’’ § 63. Magazines. — 1. Permit. No person shall store or keep ex- plosives, except in a magazine for which a permit shall have been issued. 2. Special permit. A special permit shall be required for the stor- age of explosives in a magazine of either the first or second class, as classified in subdivision 4 of this section, and the fire commissioner may at any time require the holder of such special permit to change the location of such magazine, or establish a new one in another location. 3. Posting permit. A copy of the permit issued for any magazine shall be conspicuously displayed on the outside thereof, in a frame under glass. 4. Classification. There shall be five classes of magazines, namely : (a) 1st class, to contain not more than 1,000 pounds of explosives each; (b) 2d class, to contain not more than 500 pounds of explosives each; (c) 3d class, to contain not more than 250 pounds of explosives each; (d) 4th class, to contain not more than 100 pounds of explosives each; (e) 5th class, to contain not more than 25 pounds of explosives each. 5. Construction. All magazines, except those of the 5th class, shall be constructed and provided with such safeguards to life and prop- erty as may be prescribed or approved, in writing, by the fire com- missioner. A magazine of the 5th class shall consist of a wooden box, properly constructed, with an interior capacity not to exceed 8 cubic feet; the framework shall be 2 inches thick, lined on both sides throughout with ^/g-inch tongued and grooved boards; the spaces between linings to be packed with mineral wool, and the outside of box to be covered with sheet iron. 6. Danger area. A danger area shall be maintained around each magazine in proportion to the quantity of explosives contained therein; and the extent of such danger area shall be stated in the permit. The inagazine keeper shall maintain such area clean and free from rubbish, dead grass, shrubbery and other obstructions, and prevent persons from loitering therein. 7. Heating. In case a heating compartment is attached to a magazine, the magazine keeper, when the heating apparatus is in 174 CODE OF ORDINANCES OF THE CITY OF NEW YORK operation, shall so regulate it that the temperature inside the mag- azine shall at no time rise above 80° F. 8. Magazine keepers. No person holding a magazine permit shall store or keep explosives therein unless a person holding a cer- tificate of fitness as a magazine keeper be continuously in charge thereof; provided, that a person holding a certificate of fitness as a blaster may also act as a magazine keeper for a magazine of the 5th class, under a special permit of the fire commissioner. He shall keep an accurate daily record of all explosives received at or delivered from the magazine under his charge, which shall show in detail how the explosives have been used or otherwise disposed of, and shall at all times be open to inspection by any inspector or member of the fire department. He shall first deliver from the magazine such ex- plosives as have been longest therein. All magazines shall be kept locked, except when being inspected, or when explosives are being placed therein or removed therefrom; and the magazine keeper shall at all times have the key thereof in his possession. He must care for and protect the magazine and its contents from interference by unauthorized persons. The drawers of a magazine shall not be removed therefrom, nor used to carry explosives away from the magazine. A magazine keeper shall not be required to perform any duty that will in any way interfere with his duties as set forth in this article. 9. Management. A magazine shall at all times be kept clean and dry and free from grit; and before any repairs or alterations are made to any part thereof all explosives shall be carefully removed to a place of safety and the magazine thoroughly washed out. All tools and implements used in making such repairs or alterations shall be of wood, or of copper, brass or other soft metal or material. In no case shall nails or screws be driven into a magazine in making repairs or alterations, nor into any material that has once formed a part thereof; and all wooden structural parts of a magazine, if dis- carded, shall be immediately burned at a safe distance therefrom. 10. Marking explosives. Each contractor holding a permit for blasting, before placing explosives in a magazine, shall require each stick or container of such explosives to be plainly labelled or marked with a magazine number of identification, to be furnished by the fire commissioner. No person, not holding a certificate of fitness as a blaster or a magazine keeper, shall use or have in his possession any explosives not marked with an identification number as above provided. All unmarked explosives found in the possession of a con- tractor or any other person, except the manufacturer thereof or his agent, may be confiscated, seized, condemned and destroyed by the fire commissioner. 11. Sand-hag barricade. The fire commissioner may require a magazine to be surrounded by a sand-bag barricade constructed as he may deem necessary to public safety. 12. Storage restrictions. No person shall (a) Place, keep or store in a magazine explosives in excess of 1,000 pounds, except under a special permit; nor place, keep or store in any magazine explosives or blasting supplies in excess of the amount stated in the permit; (b) Place, keep or store black powder, blasting powder or smoke- EXPLOSIVES AND HAZARDOUS TRADES 175 less powder in a magazine containing any other explosive, or in a magazine containing blasting caps, detonators or electric fuses; (c) Place, keep or store in, or bring within 100 feet of a magazine of the 1st, 2d, 3d or 4th class containing explosives, or containing black powder, blasting powder or smokeless powder, any blasting cap, capped cartridge, detonator, electric fuse, or any other article or thing that is likely to cause an explosion by friction, shock, heat or otherwise. (d) Cap a cartridge within a radius of 100 feet of a magazine (except magazines of the fifth class), nor cap more cartridges than necessary for immediate use. § 64. Delivery by vehicle. — 1. Permit. No person shall carry or transport explosives through the streets except in a wagon or in a motor vehicle, constructed and equipped in conformity with speci- fications approved by the fire commissioner, for which a permit shall have been issued. 2. Construction. Each such wagon shall have strong running gear and a whoUy enclosed wooden body mounted on suitable springs. The bed of the wagon shall be of two thickness of sound boards, free from knots, tongued and ^ooved, not to exceed three inches in width, so laid as to break joints and to be blind nailed, with the top surfaces planed smooth. The only entrance to the body of the wagon shall be by means of a door at the rear, which shall be kept locked except when the wagon is being loaded or unloaded. 3. Drivers. Each such vehicle shall be continuously in charge of two competent persons, each holding a certificate of fitness as a handler of explosives, and no other person shall be allowed in or upon such vehicle. No person in charge of a vehicle containing exp)losives shall smoke in or upon such vehicle; drive the vehicle while intoxicated; drive the vehicle or conduct himself in a careless or reckless manner during its transit through the city; nor load or unload the vehicle carelessly, recklessly or while smoking or in- toxicated. 4. Exploders. No person shall place or carry in or upon a vehicle, containing e^losives, any exploders, detonators, blasting caps, or other explosive material, nor carry in or upon such vehicle any matches, metal tool or piece of metal or any mechanical device for producing a spark or flame. 5. Flag. Each such vehicle shall display upon an erect pole on the front end thereof, and at such height that it may be visible from all directions, a red flag with the word DANGER painted, stamped or sewn thereon in white letters. Each flag shall be at least 18 inches by 30 inches in size, and the letters thereon shall be at least 12 inches in height. 6. Interference with. No person shall interfere with or molest a vehicle containing explosives, or the horses, or the person in charge thereof. 7. Load limit. No person shall carry or transport in or upon such a vehicle any explosives in excess of 1,000 pounds. 8. Original packages. No person in charge of a vehicle carrying explosives shall deliver them except in original and unbroken pack- ages, nor at any place other than a duly authorized magazine and to the person in charge thereof. 176 CODE OF ORDINANCES OF THE CITY OF NEW YORK 9. Painted vermilion. Each such vehicle shall be painted ver- milion, and shall have painted on its sides and back, in easily legible white letters at least 12 inches high, the word EXPLOSIVES, and in smaller letters and figures the name of the owner and the number of the permit. 10. Route. No vehicle containing explosives shall be driven, for more than one city block, along any street in the city over which there is an elevated railroad or under which there is a tunnel or sub- way for the transportation of passengers or freight, nor through a crowded street. Each vehicle shall be drawn by a horse or horses amply able to haul the load, and no unnecessary stops shall be made in transit. §65. Vessels carrying explosives. — 1. Generally. The commander, owner or owners of any vessel arriving in the port of New York, and having more than 28 pounds of gunpowder or other explosive on board shall, immediately upon arrival and before such vessel shall approach nearer than 300 yards of the pier line of the city, give writ- ten notice to the fire commissioner of the fact that such explosives are on said vessel. And all vessels, having on board or loading explosives exceeding 28 pounds, shall cause to be displayed at the masthead nearest the land, while remaining within the city, a red flag at least 5 feet square, and no vessel shall lie at a pier after sunset, having on board more than 28 pounds of explosives, without a permit from the commissioner, said permit to be issued for not exceeding 48 hours. 2. Powder-boats. No person shall transport explosives upon the water within the city for delivery at a dock, pier or bulkhead, or to a vessel lying thereto, except in a lighter, tender or other vessel, for which a permit shall have been issued. Each such vessel shall, while carrying explosives, have continuously on board thereof two com- petent persons, each holding a certificate of fitness as a handler of explosives, one of whom shall be the commander of the vessel; and no person other than the holder of a permit issued under § 61 of this chapter and the necessary crew shall be allowed in or upon such vessel. Whenever practicable, all explosives shall be stowed on deck and properly covered with a tarpaulin. 3. Blasting caps. No person having charge of a vessel carrying explosives within the city shall also carry in or upon such vessel, at the same time, any electric fuse, blasting caps, detonators, or other exploders. 4. Landing. No person shall land or place explosives upon a dock, pier, bulkhead, or other landing place. Explosives intended for use within the city shall be transferred from the vessel making the delivery directly to a vehicle for transporting explosives, for which a permit has been issued under § 63 of this chapter. Explosives, intended for shipment to points outside the city, may be transferred from a vessel directly to another vessel lying at a city dock or pier, provided the amount so transferred does not exceed 2,500 pounds. All such shipments in excess of 2,500 pounds must be transferred from vessel to vessel at a distance of not less than 1,000 feet from any pier- line. 5. Precautions. No person shall smoke while in or upon any vessel carrying explosives; nor carry therein or thereon any matches, other EXPLOSIVES AND HAZARDOUS TRADES 177 than safety matches, nor allow in or upon such vessel, any intox- icated person. § 66. Report of deliveries. — Each holder of permit under § 63 or § 64 of this chapter shall file with the fire commissioner, before 10 a. m. of each business day, a written statement, under oath, of all deliveries of explosives made by him on the preceding day, which shall contain the following information : (a) Name and address of person to whom delivered ; (b) Date of delivery; (c) Location of magazine where delivered; (d) Name of person having charge of the magazine at which delivery was made; (e) Number of pounds, name or brand, and character of explosives delivered at each magazine. § 67. Blasting caps. — 1. Permits to transport, store and sell. No person shall transport, store and sell any electric fuses, safety fuses or blasting caps without a permit. 2. Storage. No person shall bring into, transport, store, sell or deliver within the city any blasting caps, except when packed in tin boxes containing not more than 100 caps each. Holders of permits for the storage and use of explosives issued in conformity with this chapter shall be allowed to store or keep not more than 500 electric fuses and 500 blasting caps without being required to obtain a permit therefor; provided such fuses and blasting caps shall be kept in a separate magazine at least 100 feet distant from any magazine containing explosives. 3. Delivery wagons. No person shall transport or carry through the streets any electric fuses or blasting caps in excess of 2,500 each, and except it be in a duly authorized wagon, which shall comply with all the requirements governing wagons for the transportation of explosives. No person shall place or carry or cause to be placed or carried, in or upon any wagon containing electric fuses or blasting caps, any other explosive. 4. Magazines. All magazines for which permits are issued for the storage of electric fuses and blasting caps shall be deemed to be magazines of the first class, and shall comply with all the require- ments governing magazines of the first class. Such magazines shall not be permitted to contain more than 10,000 electric fuses and 10,000 blasting caps each; and they shall be continuously under the care of a person holding a certificate of fitness as a magazine keeper. 5. Packing. No person shall bring into, store, sell or transport within the city electric fuses, except in cartons containing not more than 50 fuses each; and when packed in shipping cases such cases shall contain not more than 500 fuses. No person shall sell and deliver for use any electric fuses, except in original and unbroken cartons containing not more than 50 fuses each. 6. Warning. Each shipping case or package containing electric fuses or blasting caps shall bear on one side thereof the name and address of the manufacturer, and shall have plainly marked on two sides thereof the words BLASTING CAPS— HANDLE CARE- FULLY, DO NOT STORE OR LOAD WITH ANY EXPLOSIVE. § 68. Black powder, blasting powder or smokeless powder. — 1. Per- mit. No person shall transport, store or sell any black powder, 12 178 CODE OF ORDINANCES OF THE CITY OF NEW YORK blasting powder or smokeless powder, in quantities exceeding 2 pounds, without a permit. 2. Magazines. A magazine permit for the storage of any such powder in quantities aggregating not more than 250 pounds may be issued, but no such permit shall b^e issued unless the fire commissioner shall have approved its location and construction. All such maga- zines shall be maintained in conformity with the requirements of this chapter concerning magazines for the storage of explosives. 3. Outside exposure. No person shall expose any such powder on the outside of any building or in any window or door thereof. 4. Packing. All such powder stored in magazines or when trans- ported within the city shall be packed in strong wooden, fiber or metallic cans or canisters, containing not more than 25 pounds each. 5. Small supplies. A permit may be issued for the storage of any such powder in quantities aggregating not more than 14 pounds, provided it be stored in a receptacle so placed that it can be flooded from the exterior of the building, or in a metal receptacle, properly locked and on wheels, plainly marked “Gunpowder,^^ and located not more than 10 feet from and directly opposite the entrance nearest the street level. 6. Restrictions. No permit shall be issued for the storage and sale of black powder, blasting powder or smokeless powder in any build- ing (a) Which is occupied as a tenement house, dwelling, school or theatre or other place of public amusement or assembly; (b) Which is of wooden construction (except authorized maga- zines) ; (c) Where the premises covered by the permit are lighted by any means other than electricity; (d) Where cigars, cigarettes or tobaccos are kept for sale; (e) Where paints, varnishes or lacquers are manufactured, stored or kept for sale; (f) Where matches, rosin, turpentine, petroleum, or any liquid product thereof, hemp, cotton, fireworks, or other articles of a highly inflammable or combustible nature are manufactured, stored or kept for sale. § 69. Use; blasting. — 1. Quantity of explosive. No person shall use in a blasting operation a quantity of explosives greater than necessary properly to start the rock; but the inspector of blasting shall have authority to prescribe the maximum quantity of explosives to be used. 2. Covering blasts. Immediately after loading and tamping the hole, and before firing the blast, the rock to be blasted shall be covered on all exposed sides with a strong woven matting of rope or wire at least l }/2 inches in diameter. The matting shall then be covered with at least 12 timbers, each 10 feet long and 10 inches in smallest diameter, held securely together by chains or by iron or steel cables at least ^ of an inch in diameter. After the rock has been thus covered, the blast shall be fired without unnecessary delay. The inspector of blasting shall have authority to prescribe the amount and manner of application of the protective covering to be placed over blasts situated on the perpendicular or diagonal side of a rock, and over blasts for ditch work, block holes, manholes. EXPLOSIVES AND HAZARDOUS TRADES 179 polcholes, electric wire subways, sewer and gas connections, gas and water mains. The provisions of this subdivision shall not apply to blasting operations in a tunnel or subway when the blast is situated more than 100 feet from the mouth or opening to the tunnel and at least 10 feet from the outer surface of the rock. 3. Firing. Except when blasting in a tunnel or subway, the roof of which is at least 10 feet below the surface of the ground, no person shall explode a blasting charge by means of time, slow-burning or safety fuse, or by any means other than some form of electrical apparatus. No person shall use more than one electric fuse in firing a blasting hole, except when loaded in separate charges. Three minutes’ notice before firing the blasts shall be given by displaying a red flag on a staff not less than 10 feet high, set in a conspicuous place within 25 feet of the point where the charge is placed, and also by caUing out the words “A blast” several times repeated and loud enough to be distinctly heard at a distance of 200 feet from the point of discharge, and shall notify the occupants of all houses within 300 feet of the place of blasting, on the morning of each day upon which blasting shall be done. 4. Hours. No person shall conduct blasting operations within the city between the hours of 7 o’clock p. m. and 7 o’clock a. m., nor at any time on Sunday, except under authority of a special permit. 5. Shoring. The blasting of rock contiguous to any structure shall be so conducted as not to cause damage thereto; and, to this end, weak walls or other supports shall be shored up, and rotten or decom- posed rock shall be removed, only by the use of gads, picks or crow- bars. When blasting in the vicinity of a weak structure is unavoid- able, only light face blasts, with short lines of resistance and small charges, shall be used. 6. Tamping. Blasting charges shall be tamped only by means of wooden tampers and by the application of direct pressure. Tamping by strokes or blows, or with a rod or stick the end of which is any way frayed or split, is forbidden. 7. Unexploded charge. Immediately after firing a blast, the blaster shall cause all debris to be removed, and shall thoroughly examine the rock to ascertain whether there remains any unex- ploded charge. In case a charge should fail to explode, the tamping shall not be removed, but the old charge shall be exploded by drilling a single hole at least 12 inches away, which last hole shall then be loaded and fired in the manner prescribed in these regulations. When a blast fails to carry away the entire drill-hole, but leaves the lower part intact, no further drilling shall be done in that hole. ARTICLE 5 AMMUNITION Sec. 80. Manufacturing; loading. § 81. Storage and sale. Sec. 80. Manufacturing; loading . — No person shall manufacture, or load ammunition by power machinery. A special permit may be issued to a person holding a permit for the storage and sale of ammu- nition, authorizing the load of small arms ammunition by hand. 180 CODE OP ORDINANCES OP THE CITY OP NEW YORK § 81. Storage and sale. — 1. Permit. No person shall store, sell or offer for sale any ammunition without a permit. 2. Blanks for artillery. Holders of permits issued under this section may store a hmited humber of blank shells or cartridges to be used in cannon for saluting purposes; the number to be so stored shall be fixed by the fire commissioner in each case, and shall be stated in the permit. 3. Quantities. The fire commissioner may fix the maximum quantity of ammunition to be stored in any premises for which a permit is apphed, and the quantity so fixed shall be stated in the permit; but no permit shall be issued for the storage of ammunition in quantities greater than the following: 300.000 loaded shells containing shot, for shotguns not exceeding No. 8 gauge; 2.500.000 cartridges for pistols; 500.000 cartridges for rifles of a cahber not larger than .45 of an inch; 10.000 cartridges for rifles of a caliber not larger than .50 of an inch; 5.000 cartridges for rifles of a caliber between .50 of an inch and .58 of an inch; 5,000 blank cartridges of a caliber not larger than .45 of an inch; 3.000. 000 primers for central fire ammunition; 6.000. 000 percussion caps, or primers, without anvils. 4. Restrictions. No ammimition shall be stored or sold in any premises (a) Which are occupied as a tenement house, school, theatre or other place of public amusement or assembly, excepting armories of the National Guard; (b) Which are used as a drug store, paint store, pawn shop, or stationery store. (c) Which are artificially lighted by any means other than elec- tricity, except in sparsely settled districts where ..here is no electric service; (d) Where cigars, cigarettes, or tobaccos are stored or kept for sale; (e) Where liquors are sold; (f) Where other materials of a highly inflammable nature are manufactured, stored or kept for sale, but this restriction shall not apply to a person duly authorized to keep and sell gun-powder; (g) Where fireworks are manufactured, stored or sold. 5. Theatrical use. No permit shall be issued for the use of blank cartridges, except in connection with performances in duly author- ized theatres or places of public amusement, or for saluting purposes, as provided in subdivision 2 of this section. 6. Window displays. No holder of a permit for the storage and sale of ammunition shall store or exhibit in the windows or doors of the premises covered by the permit any cartridges or shells con- taining explosives. ARTICLE 6 FIREWORKS Sec. 90. Manufacture. § 91. Signal lights, EXPLOSIVES AND HAZARDOUS TRADES 181 § 02. Storage, sale and transportation. § 93. Prohibited types. § 94. Prohibited, except for export. § 95. Discharge of fireworks. § 90. Manufacture. — 1. Permit. No person shall manufacture any fireworks in the city without a permit. 2. Conditions. Such a permit may be issued upon the following conditions: (a) The manufactory shall not be situated nearer than 200 feet to any building not used in connection with such manufacture, or to any street, and not nearer than 50 feet to any building used for the storage of explosives or fireworks, nor nearer than 25 feet to any other building within the factory enclosure; (b) Premises where fireworks are manufactured shall be enclosed on all sides by a substantial fence, and all openings to such en- closure shall be fitted with suitable gates, which, when not locked, shall be in charge of a competent watchman, who shall have charge of the manufactory when it is not in active operation; (c) Premises where fireworks are manufactured shall have at least 3 fire hydrants placed in different parts of the enclosure, con- nected to an adequate supply of water under pressure, the hose to be sufficient to reach all parts of the buildings within the en- closure, and there shall at all times be kept, within a distance of 5 feet of each building inside such enclosure, at least 6 5-gallon buckets, full of water, and at least 6 5-gallon buckets full of sand; (d) The manufactory shall at all times be supplied with adequate means of communication with the fire department, such as a tele- phone or fire alarm boxes, and shall be lighted only by incandescent electric lights; (e) A building used for the storage of explosives or for the storage of finished fireworks shall not be situated nearer than 300 feet to any building not used in connection with the manufacture of fireworks, or to any street; 3. Packing. Torpedoes must be packed with sawdust in paper cartons, and these packed in wooden shipping cases; but no shipping case shall contain more than 1,000 torpedoes. Fireworks having- fuses attached or inserted shall be packed in such manner that the fuses shall all point in the same direction, and the label shall be attached to the end of the package opposite the fuse. 4. Restrictions. No person shall manufacture within the city of New York any of the following ai tides: (a) Fireworks containing chlorates (except chlorate of potash and chlorate of barium), picrates, fulminates or any high explosive; (b) Fireworks containing chlorate and sulphur in admixture; (c) Railroad track torpedoes; (d) Flashlight compositions; (e) Picrates or fulminates; (f) Fireworks whistles; (g) Explosive marbles; (h) Blank cartridges; (i) Fireworks with match-head or self-lighting ends, except ship signals; 182 CODE OF OKDINANCE8 OF THE CITY OF NEW YORK (j) Fireworks containing red or white phosphorus; (k) Compounds used for detonating purposes; primers, or electrical fuses, or any composition used to obtain audible or visible effects by combustion, explosion or detonation in cannon, machine or rapid-fire guns; shells, torpedoes or war rockets. 5. Supervision. All premises where fireworks are manufactured shall, while in operation, be continuously under the charge and supervision of one or more persons, each holding a certificate of fitness as a superintendent or manager of a fireworks factory. § 91. Signal lights. — The manufacture of railroad and ship signal lights, signal compositions, and rockets shall be governed by the same regulations as govern the manufacture of fireworks. §92. S tor age j sale and transportation. — 1. Certificate of registra- tion. No person shall transport, store or sell fireworks unless a certificate of registration of the name of the manufacturer thereof shall have been issued; provided, however, that certificates of regis- tration shall not be required for fireworks manufactured under a permit issued in conformity with § 60 of this article. 2. Permit. Nopersonshallstoreor sell fireworks without a permit. 3. Restrictions. No permit under this section shall be issued for any premises (a) Which are occupied as a tenement house, school, workshop, factory, theatre or other place of public amusement or assembly; (b) Which are not equipped with an approved system of automatic sprinklers; (c) Which are of wooden construction; (d) Which are artificially lighted by any means other than elec- tricity; (e) Where cigars, cigarettes or tobaccos are kept for sale: (f) Where paints, oils, varnishes, lacquers or inflammable liquids are manufactured, stored or kept for sale; (g) Where drygoods or other materials of a highly inflammable nature are manufactured, stored or sold; (h) Where matches, rosin, turpentine, petroleum or any liquid product thereof, hemp, or explosives are manufactured, stored or kept for sale. 4. Extinguishers. All holders of permits under this section shall keep on the premises covered by the permit, in a convenient location, at least 6 5-gallon buckets of water and 6 5-gallon buckets of sand, fit and ready for use in case of fire. 5. Firecrackers. A permit may be issued to a person doing a general storage or warehouse business for the storage, in a duly authorized warehouse, of firecrackers composed only of sulphur, saltpeter and charcoal mixtures, and the quantity of firecrackers to be so stored shall in each case be stated in the permit. 6. Local transportation. No person shall carry or transport through the streets fireworks exceeding in wholesale market value the sum of $10, unless they are securely packed in spark-proof wooden or metal packages having plainty marked on the outside thereof in large legible letters the words FIREWORKS — EXPLOSIVE, but under no circumstances shall any person carry or transport fireworks in a tunnel or subway under the streets, lands or waters of the city, to which the public has access. EXPLOSIVES AND HAZARDOUS TRADES 183 7. Manufacturer’ s mark. All fireworks stored or sold, except imported Chinese firecrackers, shall bear the name of the manufac- turer plainly marked upon the outside of each package and shipping case. 8. Quantities limited. No permit shall be issued for the storage and sale of fireworks in any building to an amount in excess of $1,500, wholesale market value. 9. Street sales. No person shall sell or exhibit for sale any fire- works on sidewalks, streets, parks, squares, bulkheads, piers or other public places. 10. Window displays. No person shall keep, store or exhibit fire- works in the windows or doors of the premises covered by a permit for the storage and sale thereof. § 93. Prohibited types. — 1. Storage, transportation or sale. No per- son shall store, transport or sell within The City of New York any of the following articles. (a) Fireworks containing chlorates (except chlorate of potash and chlorate of barium), picrates, fulminates or any high ex- plosive; (b) Fireworks containing sulphur and chlorate in admixture; (c) Bombardments or mandarins made of chlorate mixtures; (d) Canes with chlorate mixtures; (e) Cartridge exploders; (f) Fireworks known as cannon salutes; (g) Fireworks with match-head or self-lighting ends, except ship signals; (h) Fireworks containing red or white phosphorus ; (i) Explosive marbles; (j) Compositions used for detonating purposes. 2. Discharge or use. No person shall use or discharge any of the following articles: (a) Rockets or aerial salutes of any kind; (b) Fireworks containing chlorates (except chlorate of potash and chlorate of barium), picrates, fulminates or any high explosive; (c) Firecrackers longer than five inches or larger than three- fourths of an inch in diameter; (d) Fireworks containing sulphur and chlorate in admixture; (e) Bombardments or mandarins made of chlorate mixtures; (f) Bombs and shells; (g) All fireworks known as cannon salutes; (h) Fireworks technically known as flying pigeons, flying devils, whirlwinds, wheat sheaves and gatling batteries; (i) Fireworks containing red or white phosphorus; (j ) Fireworks with match heads or self-lighting ends ; (k) Balloons carrying a lighted substance; (l) Cartridges of any kind, except as provided in Article V ; (m) Explosive marbles; (n) Compositions used for detonating purposes, except as provided for in Article IV. § 94. Prohibited, except for export. — No person shall store, sell or transport, except for delivery beyond the city limits, any of the following articles: (a) Rockets or aerial salutes; 184 CODE OF OBDINANCES OP THE CITY OF NEW lORK (b) Firecrackers longer than 5 inches or larger than % of an inch in diameter; (c) Bombs and shells; (d) Fireworks technically known as flying pigeons, flying devils, whirlwinds, wheat sheaves, gatling batteries, and similar articles; (e) Fireworks containing red or white phosphorus; (f) Balloons which are to be operated by a lighted substance. § 95. Discharge of fireworks. — 1. Permit. No person shall use or discharge any fireworks within the city without a permit. 2. July 4th exemption. No permit shall be required for the use and discharge of fireworks during a period of 24 hours covering the holiday known as the “Fourth of July,’^ where the quantity dis- charged does not exceed in wholesale market value the sum of $2. 3. Police notification. All permits for the use and discharge of fireworks shall be issued in duplicate, and shall show the name of the holder of the permit, the names of his employees (if any) who are to discharge the fireworks and the numbers of their certificates of fitness (when required); the place and time of display; the quantity, kind and wholesale market value of the fireworks to be discharged, and the distance to be preserved between the place of discharge and the bystanders and nearby buildings. One of the duplicate permits shall be filed with the commanding officer of the police precinct within which the display is to be given, and shall be evidence of the right of the person named therein to give the display. 4. Postponement of display. In case it shall be impracticable to make the display at the time authorized in the permit, the fire com- missioner may authorize such display at another time, by certifica- tion on the permit, and without exacting another fee therefor. 5. Restrictions. No person shall discharge fireworks: (a) In or upon any street which is less than 80 feet in width between the building lines; (b) Within a radius of 1,000 feet of any hospital. 6. Displays inside theatres and other buildings. No person shall display any fireworks, flashlights, colored fire, or open lights, upon the stage of any theatre or other place of public amusement or assem- bly. 7. Supervision. No person shall use or discharge fireworks exceed- ing in w^holesale market value the sum of $1 0 without having obtained from the fire commissioner a certificate of fitness as a pyrotechnist. Former § 531 of the C. O. is now replaced by regulations in this chapter. Special ordinances permitting use of fireworks on special occasions are invalid. Landau v. City of N. Y., 180 N. Y. 48. Liability of city for injuries discussed. Melker v. City of N. Y., 190 N. Y. 481. When city is liable for explosion. De Agramonti v. City of Mt. Vernon, 112 App. Div. 291; City N. Y. v. Hearst, 142 App. Div. 343. When permit to discharge fireworks may be a nuisance. Tripler v. Mayor, 139 N. Y. 1; Speir v. City of Brooklyn, 139 N. Y. 6. ARTICLE 7 MATCHES Sec. 100. Manufacture. § 101. Transportation, storage and sale. § 102. Approved matches. § 103. White phosphorus. EXPLOSIVES AND HAZARDOUS TRADES 185 Sec. 100. Manufacture. — 1. Permit required. No person shall manufacture any matches without a permit. 2. Conditions. No such permit shall be issued unless the manufac- turing is to be carried on in a building used exclusively for that purpose, the walls of which are constructed of brick, stone or other fire resisting material, and artifically lighted by any means other than electricity. § 101. Transportation j storage and sale. — 1. Permit required. No person shall transport, store or sell matches without a permit; but no such permit shall be required of a person holding a permit to manufacture matches; nor for the storage and sale in quantities aggregating, at any time, not more than 60 matchman’s gross (14,400 matches each gross) . 2. Restrictions. No permit shall be issued for the storage or sale of matches within the city in quantities aggregating more than 60 matchman^s gross for any premises — (a) Which are occupied as a tenement house, dwelling, school, workshop, factory, theatre or other place of public amusement or assembly; (b) Which are of wooden construction; (c) Where paints, oils, varnishes, lacquers, rosin, turpentine, petroleum or any liquid product thereof, hemp, cotton, guncotton, smokeless powder, black powder, blasting powder, fireworks, or any other explosives are manufactured, stored or kept for sale; (d) Which are not provided with such number of fire extin- guishers and pails of water as may be required by the fire commis- sioner. § 102. Approved matches. — 1. Certificate of approval. No person shall transport, store or sell any matches for which a certificate of approval shall not have been issued. The applicant for such certifi- cate shall deposit with the fire commissioner a sample of the matches for which approval is requested, packed in the labeled boxes or containers in which such matches are to be sold, and no such ap- plication shall include more than one kind or type of match. 2. Fuzees, wind matches, afterglow. No certificate of approval shall be issued for any match of the type or kind commonly known as ^Tuzees’^ or wind matches,^^ or for a match the stick of which has not been treated to a process of impregnation for the purpose of preventing an afterglow. 3. Mark. No person shall store, transport or sell matches unless the box or container in which they are packed bears plainly marked on the outside thereof the name of the manufacturer, the number of the certificate of approval, and the words ^‘Approved Match, No No person shall place in a box or container marked as prescribed in this subdivision, any matches for which a certificate of approval shall not have been issued. 4. Packing. Not more than 1,000 matches shall be placed in a single box or container; and where more than 200 matches are placed in a single box or container they shall be arranged in layers, with the heads of alternate layers pointing in the opposite direction to the heads of the matches in the layer immediately above and be- low. 5. Serial number. A certificate of approval of a kind or type of 186 CODE OP ORDINANCES OF THE CITY OF NEW YORK match shall bear a serial number, and the name, brand or trade- mark under which the match is sold. The number thus given to a type or kind of match shall continue to be used during the hfe of such certificate. § 103. White phosphorus, — No person shall manufacture, trans- port, store or sell any matches in the manufacture of which white phosphorus is an ingredient. ARTICLE 8 MINERAL OILS Sec. 110. Refining, distilhng or manufacturing. § 111. Storage plants. § 112. Limited storage. § 113. Transportation and dehvery. § 114. Volatile inflammable oils. § 115. Illuminating oils. § 116. Lubricating oils. § 117. Fire prevention. Sec. 110. Refining^ distilling or manufacUiring. — No person shall manufacture, refine or distill petroleum, shale oil or coal tar, or the liquid products of any thereof, except under authority of a special permit; but no permit shall hereafter be issued for the erection and operation of any new plant of a similar character, except that hydro- carbon materials collected from oil separators may be distilled or refined under a special permit. § 111. Storage plants. — 1. Permit required. No person shall main- tain or conduct a plant for the storage of petroleum or shale oil, or the Hquid products thereof, or of coal tar without a permit. 2. Barges. A special permit may be issued authorizing the storage of petroleum and shale oil, and the liquid products thereof, and of coal tar, in barges of steel or other approved construction, in quan- tities not to exceed the following: (a) Volatile inflammable oils — If in barrels or drums, 500 barrels of 55 gallons each; if in cans, 5,000 gallons; (b) Other oils — If in barrels or drums, 1,000 barrels of 55 gallons each; if in cans, 10,000 gallons; 3. Boat supplies. Wherever the physical conditions along the shore front are such as to make it impracticable to place under- ground a storage tank for the storage of volatile inflammable oils, to be dehvered to launches and other vessels for generating motive power, a special permit may be issued authorizing the storage of such oils in a tank above ground in a quantity not to exceed 10,000 gallons; provided that such oils shall be conveyed from the storage tank to the tanks of vessels directly by a pipe hne, and not otherwise. 4. Drums or barrels. A special permit may be issued authorizing the storage of volatile inflammable oils in steel drums or barrels in a specially constructed pit of concrete, the bottom of which shall be at least 3 feet below the ground level. The quantity of such oils so stored shall not exceed 500 barrels of 55 gallons each. EXPLOSIVES AND HAZARDOUS TRADES 187 5. Tanks. All storage tanks, comprising or forming a part of an oil storage plant shall be placed underground and embedded in soft earth, so that the tops thereof shall be at least 2 feet below the grade level; provided, however, that, by special permit, the storage of oils in tanks above ground may be authorized, where the physical conditions make it impracticable to place the tanks underground. By special permit, the storage of volatile inflammable oils in storage tanks above ground may be authorized, provided such tanks are of approved t 3 ^e and construction and are surrounded by a wall of concrete, forming an inclosure capable of holding the entire contents of the tanks, and provided that the quantity of volatile inflammable oil to be stored shall not exceed 50,000 gallons. To facilitate the filling of tank wagons, there may be installed in a storage plant not more than 4 tanks, elevated on brick, concrete or steel piers, having an aggregate capacity of not more than 10,000 gallons. All oils stored in the tanks provided for in this section shall be returned to the storage tanks under^ound at the close of each day. The tanks authorized in this subdivision shall not be used for the storage of volatile inflammable oils. 6. Quantities. Except as otherwise provided in this chapter, no person shall store or keep in a storage plant petroleum or shale oil, or the liquid products thereof or of coal tar, in quantities in excess, of the following: (a) Volatile inflammable oils — If in tanks, 50,000 gallons; if in barrels or drums, 250 barrels of 55 gallons each; if in cans, 2,000 gallons; (b) Other oils that do not emit an inflammable vapor below 100° F.: — If in tanks, 100,000 gallons; if in barrels or drums, 500 barrels of 55 gallons each; if in cans, 10,000 gallons. 7. Sewer protection. No person shall connect an oil storage plant with any public drain or sewer, nor permit any liquid product of petroleum to escape into any such drain or sewer. 8. Supervision. A plant for the storage of petroleum or shale oil, or any liquid product thereof, or of coal tar, shall be continuously, under the care and supervision of a person holding a certificate of fitness as manager or superintendent thereof . § 112. LimiM storage. — 1. Permit. Permits may be issued for the storage of petroleum and shale oil, and the liquid products thereof, and of coal tar, in buildings other than storage plants, in quantities not to exceed the following: (a) Volatile inflammable oils — In steel barrels or drums, 10 bar- rels of 55 gallons each; in cans, 500 gallons; (b) Other oils that do not emit an inflammable vapor at a tempera- ture below 100° F.: — In barrels, 50 barrels of 55 gallons each; in cans, 1,000 gallons. 2. Restrictions. No permit shall be issued for the storage or sale of volatile inflammable oil in any building: (a) Which is occupied as a tenement house, dwelling, school or place of public amusement or assembly; (b) V^ere explosives are stored or kept for sale or use; ^ (c) Where drygoods or other material of a highly inflammable nature are manufactured, stored or kept for sale; (d) Where the portion of the building occupied or used for the 188 CODE OF ORDINANCES OF THE CITY OF NEW YORK storage of volatile inflammable oil is lighted by any means other than electricity; (e) Upon any floor above the ^ound floor of the building. § 113. Transportation and delivery. — 1. Permit. Except as other- wise provided in this chapter, no person shall transport or deliver within the city any petroleum or shale oil, or the liquid products of either, or of coal tar, without a permit. 2. Containers. Petroleum and shale oil, and the liquid products thereof, and of coal tar, except volatile inflammable oils, may be transported in the following-named containers: (a) In tank cars or through supply pipes; (b) In steel, iron or wooden barrels or drums of a capacity not exceeding 55 gallons each; (c) In cans of a capacity not exceeding 10 gallons each, made of at least No. 25 B. W. G. tin or terne plate, packed in substantial wooden cases. 3. Tank wagons. No person shall transport petroleum or shale oil, or the liquid product of either thereof, or of coal tar, in a tank wagon, unless it be of a type for which a certificate of approval shall have been issued; provided, however, that a certificate of approval of a type or kind of tank wagon issued under this section to a given person shall not be construed as an approval of a similar type or kind of tank wagon owned, operated or used by another person. The tank of such a wagon shall be constructed of iron or steel not less than ^/g of an inch thick for the top plates and of an inch for the bottom plates; and shall be equipped with faucets, which shall be kept locked when not in use. The capacity of the tank wagon shall not exceed 35 barrels of 55 gallons each. Each such wagon shall have painted on both sides thereof in letters not less than 3 inches high, the name of the person operating it, and the number of the certificate of ap- proval. § 114. Volatile inflammable oils. — 1. Report of sales. Each vender of volatile inflammable oil shall render to the fire commissioner, on or before the tenth day of each month, a statement, verified as to its correctness by an affidavit, showing the total quantity of volatile inflammable oil in excess of 5 gallons delivered to each purchaser in the city during the preceding month; provided, however, that no report shall be required of volatile inflammable oil delivered directly to the fuel tanks of motor vehicles, motorcycles, motor tricycles, motor boats, airships, aeroplanes and other similar craft and vessels. 2. Retail sales. No person shall sell and deliver volatile inflamma- ble oil, in quantities exceeding 5 gallons, unless the purchaser thereof holds a permit for the transportation, storage, sale or use of such oil; provided, that nothing contained in this chapter shall be construed as requiring a permit for the storage of volatile inflammable oil in the tanks of motor vehicles, motor tricycles, motorcycles, motor boats, airships, aeroplanes, or other similar craft or vehicles, for use as fuel for generating motive power; and provided further that no permit shall be required for the transportation, storage or use of volatile inflammable oil in quantities not exceeding 1 gallon. 3. Rural delivery. By a special permit, the delivery of volatile inflammable oils may be authorized to be made by tank wagons to points in the sparsely populated districts of the city, provided the EXPLOSIVES AND HAZARDOUS TRADES 189 entire tank load is delivered at one time and place. The permit shall in such cases specify the route to be followed in making the delivery. 4. Transportation. Except as otherwise provided in this section, volatile inflammable oil may be transported only in the following containers : (a) Cans of a capacity not to exceed 5 gallons each, having plainly marked thereon the words DANGEROUS — KEEP FROM FLAME, and being equipped with a metal seal, so arranged that there shall be no outlet for the oil unless the seal is broken; (b) Glass bottles of a capacity not exceeding 4 ounces each, labeled DANGEROUS— KEEP FROM FLAME; (c) Steel barrels or drums of a capacity not exceeding 55 gallons each, having plainly marked thereon the word DANGEROUS. § 115. Illuminating oils. — 1. Permit. No person shall store and sell kerosene or other illuminating oils without a permit from the fire commissioner; but no permit shall be required where the quantity transported or used does not exceed 10 gallons. 2. Empty barrels. All kerosene barrels, cans and other containers shall be removed from the premises within 24 hours after being emptied. 3. Test. No person shall sell or offer for sale any kerosene or other illuminating oil which will emit an inflammable vapor at a tempera- ture lower than 100° F. when tested either in the open air or in the closed pyrometer of Giuseppe Tagliabue. § 116. Lubricating oils . — No permit shall be required for the transportation, storage, sale or use of machine, lubricating or other heavy oils in quantities not exceeding 70 gallons. § 117. Fire prevention . — The floors of each store and premises covered by a permit issued under this article shall be kept free and clear of waste paper and other inflammable material, and shall be provided with self-closing metal cans for keeping sawdust or cotton waste for cleaning purposes, and also with a number of buckets filled with sand for use in extinguishing fire; the number of buckets to be so kept shall be stated in the permit. ARTICLE 9 INFLAMMABLE MIXTURES Sec. 130. Permit. § 131. Manufacture. § 132. Transportation, storage and sale. Sec. 130. Permit . — Except as otherwise provided in this chapter, no person shall manufacture, transport, store or sell any inflammable mixture without a permit, and no such permit shall be granted for any inflammable mixture which contains volatile inflammable oil in excess of 80% of its total bulk, or which shall be for use as a stove polish or insecticide. § 131. Manufacture. — 1. Certificate of approval. No system for the storage of volatile inflammable oils shall be installed in any building used for the manufacture of inflammable mixtures unless it be of a 190 CODE OF ORDINANCES OP THE CITY OF NEW YORK type for which a certificate of approval shall have been issued. 2. Restrictions. No permit for the manufacture of inflammable mixtures shall be issued for any building — (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, hospital, theatre or other place of public amusement or assembly; (b) Which is occupied as a tenement house, dwelhng or hotel; (c) Which is of wooden construction; (d) Which is artificially lighted by any means other than elec- tricity; (e) Where drugs, cigars, cigarettes or tobaccos are kept for sale; (f) Where drygoods or other materials of a highly inflammable nature are manufactured, stored or sold ; (g) Where matches, rosin, hemp, cotton or any explosives are stored or sold. 3. Containers. Inflammable mixtures shall be put up only in glass bottles of a capacity not exceeding four ounces each, or in metal cans of a capacity not exceeding one gallon each, fitted with a screw top so made that the can will be airtight when closed, and each such bottle or can shall bear the name and address of the manu- facturer, the number of his original permit, or the number of his certificate of registration, and, in large letters, the words CAUTION ; INFLAMMABLE MIXTURE. DO NOT USE NEAR FIRE OR FLAME. 4. Deliveries. All deliveries of volatile inflammable oils to a build- ing used for the manufacture of inflammable mixtures shall be made directly to the storage tank through the filling pipe by means of a hose coupled to the barrel from which the oil is being drawn. 5. Drawing-off pipe. The drawing-off pipe shall be encased in and surrounded by either 4 inches of Portland cement, concrete or 8 inches of brick masonry up to the level of the floor on which the compartment containing the mixing tank is located. 6. Filling pipe. The filling pipe shall be at least 2 inches in diam- eter, and shall be laid at a descending grade from the sidewalk in front of the building to the tank. The intake of a filhng pipe shall be located in a heavy metal box, which shall be sunk flush with the sidewalk at the curb level and fitted with a heavy metal cover, and shall be kept locked when not in use. The filling pipe shall be closed at the intake by a cock or valve fitted with a coupling for attaching to the hose of a barrel wagon, and with a screw cap to close the opening when not in use. The filling pipe shall be provided with a screen made of two thicknesses of 20-mesh brass wire gauze, placed immediately below the filling cock or valve. 7. Lighting. No system of artificial lighting, other than incandes- cent electric lights, shall be installed in any compartment wherein a mixing tank is located, unless of a type for which a certificate of approval shall have been issued. All electric switches and plugs shall be placed at least 4 feet above the floor of the compartment. 8. Mixing tank. The mixing tank shall be located in a separate compartment built upon suitable foundations, having the walls, floor and roof constructed of Portland cement concrete at least 6 inches thick, or of brick niasonry at least 8 inches thick, the brick to be laid in and covered by Portland cement mortar. Each such tank EXPLOSIVES AND HAZARDOUS TRADES 191 shall be filled either by means of a pump or an approved pressure system, and the tank shall be kept closed except when the ingredients entering into the manufacture of the inflammable mixture are being placed therein. Each compartment wherein a mixing tank is lo- cated shall be equipped with self-closing fire-proof doors and windows. 9. Piping y generally. Each storage tank shall be provided with a filling pipe, a drawing-off pipe and a vent pipe; provided, that tanks installed as part of an hydraulic storage system shall not be required to have a vent pipe. All pipes shall be of galvanized wrought iron, with malleable iron fittings. All screw joints shall be made with litharge and glycerine. 10. Sewer protection. No piping of any kind shall be allowed to connect a compartment wherein a mixing tank is located with any public drain or sewer; and all silt or sediment left in the mixing tank shall be placed in airtight metal containers and immediately removed from the premises. 11. Storage system. No permit shall be issued for the manufacture of inflammable mixtures in any premises which are not equipped with an approved storage system for containing and handling all volatile inflammable oils used in such manufacture. 12. Supervision. All premises used for the manufacture of inflam- mable mixtures shall be under the care and supervision of one or more persons, each holding a certificate of fitness as superintendent or manager thereof. The number of persons required to hold such certificate shall be stated in the permit. 13. Tanks. Each tank used for the storage of volatile inflammable oil shall be: (a) Constructed of steel at least one-quarter of an inch in thick- ness, shall have a capacity of not more than 275 gallons, and shall, under test, stand a hydrostatic pressure of at least 100 pounds to the square inch. (b) Coated on the outside with tar or other rust-resisting material, shall be set on a solid foundation, and shall be imbedded in and sur- rounded by at least 12 inches of Portland cement concrete. (c) So set that the top or highest point thereof shall be at least 2 feet below the level of the lowest cellar floor of any building within a radius of 10 feet from the tank, and no tank for the storage of volatile inflammable oil shall be located under the sidewalk or be- yond the building line. (d) Equipped with a filling pipe, a drawing-off pipe, and a vent pipe; provided, however, that tanks installed as a part of an hy- draulic storage system shall not be required to have a vent pipe. 14. Vent pipe. The vent pipe shall be at least 1 inch in diameter, shall run from the tank to the outer air at least 10 feet above the roof of the building in which the plant is located, and shall be at least 10 feet from the nearest wall of any adjoining building, and well braced in position. It shall be capped with a double goose-neck, cowl or hood, and provided with a screen made of two thicknesses of 20-mesh brass wire gauze, placed immediately below the goose- neck. 15. Ventilating flue. Each compartment wherein a mixing tank is located shall be equipped with a ventilating flue, constructed of brick or concrete, lined with tile pipe at least 8 inches square, in- 192 CODE OF ORDINANCES OF THE CITY OF NEW YORK side measurement, and extending from the floor of the compartment at a point opposite the door to at least 6 feet above the highest point of the roof, and at least 10 feet from the nearest wall of any adjoining building. Such flue shall have an opening into the mixing compartment 6 inches square, 3 inches above the floor, and shall be equipped with a double goose-neck 8 inches square, made of at least 18-gauge galvanized iron. All openings to be covered with 20-mesh brass wire screens. 16. Fire prevention. No stove, forge, torch, boiler, furnace, flame or fire, nor any electric or other apparatus which is likely to produce an exposed spark, shall be allowed in any building used for the manu- facture of inflammable mixtures, unless that portion of the building so used is separated from the remainder of the building by fireproof walls and floors. Premises used for the manufacture of inflammable mixtures shall be equipped with a fire extinguishing system satis- factory to the fire commissioner, and with a number of fire buckets filled with sand and kept on each floor. The number of buckets and the quantity of sand to be kept shall be determined by the commis- sioner and stated in the permit. § 132. Transportation j storage and sale. — 1. Permit. No person shall store or keep for sale any inflammable mixtures, in quantites aggregating more than 5 gallons, without a permit. 2. Certificate of registration. No person shall transport or sell an inflammable mixture, unless a certificate of registration therefor shall have been issued; but no such certificate shall be required for inflammable mixtures for which a permit to manufacture shall have been issued. ARTICLE 10 COMBUSTIBLE MIXTURES Sec. 140. Permit. § 141. Manufacture. § 142. Transportation, storage and sale. Sec. 140. Permit. — Except as otherwise provided in this chapter, no person shall manufacture, transport, store or sell any combustible mixture without a permit, but no permit for the manufacture of combustible mixtures shall be required of a person holding a permit for the manufacture of inflammable mixtures issued in conformity with article 9 of this chapter. §141. Manufacture. — 1. Restrictions. No such permit shall be issued for manufacturing of combustible mixtures in any building within the restrictions of subdivision 2 of § 131 of this chapter. 2. Containers. Combustible mixtures may be put up only in glass bottles of a capacity not exceeding 4 ounces each, or in cans of a capacity not exceeding 1 gallon each, fitted with a screw top so made that the can shall be airtight when closed. Each can or bottle con- taining a combustible mixture shall bear a label giving the name and address of the manufacturer, the number of his original permit or of his certificate of registration, and, in large letters, the words CAU- TION-COMBUSTIBLE MIXTURE. EXPLOSIVES AND HAZARDOUS TRADES 193 § 142. Transportation j storage and sale. — 1. Certificate of registra- tion. No person shall transport, store or sell any combustible mix- ture unless a certificate of registration therefor shall have been issued, but no such certificate shall be required for combustible mix- tures for the manufacture of which a permit has been issued. 2. Exemptions. No permit for the storage and sale at retail of combustible mixtures shall be required of a person holding a permit for the storage and sale at retail of inflammable mixtures, issued in accordance with the provisions of Article 9 of this chapter. No per- mit shall be required for the storage and sale at retail of combustible mixtures in quantities aggregating not more than 10 gallons. ARTICLE 11 GARAGES Sec. 150. Permit. § 151. Garages having tanks for storing volatile inflammable oil. § 152. Garages without storage tanks. § 153. Public garage. § 154. Private garage. § 155. Oil separators. § 156. Storage system. § 157. Supplying vehicles. § 158. Lighting. § 159. Fire prevention. Sec. 150. Permit. — No person shall store, house or keep any motor vehicle containing volatile inflammable oil, except in a building, shed or enclosure for which a garage permit shall have been issued. § 151. Garages having tanks for storing volatile inflammable oil . — No garage permit allowing the storage of volatile inflammable oil shall be issued for any building, shed or enclosure — (a) Which is situated within 50 feet of the nearest wall of a build- ing occupied as a school, theatre or other place of public amusement or assembly; (b) Which is occupied as a tenement house or hotel; (c) Which is not constructed of fire-resisting material throughout; (d) Where paints, varnishes or lacquers are manufactured, stored or kept for sale: (e) Where drygoods or other highly inflammable materials are manufactured or kept for sale; (f) Where rosin, turpentine, hemp, cotton, guncotton, smokeless powder, blasting powder, or any other explosives are stored or kept for sale. § 152. Garages without storage tanks. — No garage permit for the storing of motor vehicles, containing volatile inflammable oil in their fuel tanks, shall be issued for any building, shed or enclosure, unless that portion of such building, shed or enclosure in which such motor vehicles are stored is constructed of fire-resisting material; the pro- visions of this section to apply only to premises where no volatile inflammable oil is stored, and which are situated : (a) Within 25 feet of the nearest wall of a building occupied as a 13 194 CODE OF ORDINANCES OF THE CITY OF NEW YORK tenement house, church, hotel, place of public amusement or assem- bly, school, wholesale drug store, premises where drygoods or other highly inflammable materials are manufactured or kept for sale, cleaning and dyeing estabhshments, or any premises where combusti- ble fibres are stored; (b) Within 50 feet of any premises where ammunition or fireworks are manufactured or stored; where inflammable or combustible mixtures, paints, varnishes, lacquers or matches are manufactured or stored in wholesale quantities; where nitrocellulose products are used for further manufacture, or where inflammable motion picture films are manufactured or stored in quantities aggregating more than 10,000 feet. (c) Within 100 feet of any premises where calcium carbide is manufactured or stored in quantities exceeding 120 pounds; or where gases under pressure are manufactured or stored in quantities greater than 250 cubic feet; (d) Within 200 feet of a magazine for the storage of explosives, of the first, second, third or fourth class. The provisions of this section may be modified by special permit issued by the fire commissioner, when in his judgment the strict enforcement thereof would work undue hardship. § 153. Public garage. — Each garage wherein volatile inflammable oil is stored shall be continuously under the care and supervision of one or more persons, each holding a certificate of fitness as a superin- tendent or manager thereof. The number of persons to hold such certificates shall be stated in the permit, but in no case shall there be required more than 3 for any garage. § 154. Private garage. — permit may be issued for a garage: ' 1. In building otherwise occupied. A permit may be issued for a garage in a building occupied as a dwelling by either the applicant and one other tenant, or by the applicant's employee and one other tenant, provided that not more than two floors or stories above the garage are occupied or used as living apartments, which apartments shall be separated from the garage by unpierced fireproof walls and floors; and provided further that all motor vehicles stored or kept in such garage shall be the property of the applicant or of his imme- diate family, and that none of such vehicles shall be let out for hire. 2. In separate building. A permit may be issued for a garage on premises on which there is a dweUing occupied by the applicant or by his employee, provided that the entrance to the living apartment shall not be through the garage; and provided further that all motor vehicles stored or kept therein shall be the property of the applicant or of his immediate family, and that none of such vehicles shall be let out for hire. No volatile inflammable oil, except that contained in the tanks of the motor vehicles, may be stored in a garage for which a permit has been issued under this section, unless it is constructed of fire-resisting material throughout. No certificate of fitness shall be required of the person having supervision of a garage referred to in this section. § 155. Oil separators. — 1. When required. No garage permit authorizing the storage of volatile inflammable oil shall be issued for any premises, storing more than 4 motor vehicles, which are not provided with an oil separator, trap or other similar apparatus EXPLOSIVES AND HAZARDOUS TRADES 195 attached to the house drain, for the purpose of preventing volatile inflammable oils from flowing into the sewer; provided, however, that the fire commissioner may exempt from the requirements of this section a garage draining into a short sewer line. 2. Oil receptacle. The oil receptacle of an oil separator shall not exceed 50 gallons capacity, and shall be emptied as often as may be necessary to prevent the oil from overflowing; and such oils as are recovered from the separator shall be removed from the garage within 24 hours after being taken from the separator. 3. Sewer connection. Each oil separator shall be connected to the house drain, and shall be so arranged as to separate all oils from the drainage of the garage. 4. Waste oil. All oils spilled on the floor of a garage shall be re- moved by sponging or swabbing, and poured into the drain leading to the oil separator. § 156. Storage system. — 1. Tanks. No garage permit authorizing the storage of volatile inflammable oil shall be issued for any premi- ses which are not equipped with an approved storage system of sufficient capacity for the proper storage of such oil, which shall be installed in the manner prescribed in sub-divisions 5, 6, 9, 13 and 14 of § 131 of Article 9 of this chapter; provided that each tank shall be imbedded in and surrounded by at least 12 inches of Port- land cement concrete, composed of 2 parts of cement, 3 parts of sand and 5 parts of stone. 2. Receiving supplies. No barrel containing volatile inflammable oil shall be taken off the wagon delivering such oil to a garage, but the oil shall be delivered directly to the storage tank through the filling pipe, by means of a hose coupled to the barrel containing the oil and connected to the intake provided for in subdivision 6 of § 131 of this chapter. No wagon or other vehicle engaged in the delivery of volatile inflammable oil shall be admitted to or taken within a garage or any portion thereof, and no person shall deliver or receive within a garage any volatile inflammable oil in a barrel or other similar receptacle, nor keep or store in a garage any barrel or other similar receptacle from which volatile inflammable oil has been drawn. 3. Approval of appliances. No storage tank, portable tank, oil separator, pump or other similar apparatus shall be installed in a garage unless it be of a type for which a certificate of approval shall have been issued by the fire commissioner. § 157. Supplying vehicles. — 1. Method. No person shall deliver volatile inflammable oil from a storage tank to a motor vehicle, except by means of a portable tank or directly through the outlet of the drawing-off pipe. 2. Portable tanks. Each portable tank shall be of a capacity not exceeding 55 gallons, and shall be mounted on a substantial iron or steel frame, with rubber-tired wheels. The oil shall be discharged from the tank only through a hose not exceeding 16 feet in length, having a shut-off valve close to the outlet or nozzle. 3. Pumps; basement service. No pump or stationary outlet for the delivery of volatile inflammable oil in a garage shall be allowed on any floor below the street level; and no person shall deliver any such oil to the tank of a motor vehicle while on the floor of the garage 190 CODE OF ORDINANCES OF THE CITY OF NEW YORK below the street level, unless the ventilation of such floor shall have been approved by the fire commissioner. 4. Restrictions. No person shall sell, deliver or use volatile inflam- mable oil in or upon any premises covered by a garage permit for any purpose other than that of filling the tanks of motor vehicles, motorcycles, motor tricycles, motor boats, airships or aeroplanes, except that the use of gasoline in gasoline torches of a capacity not greater than 1 quart shall be permitted, but in the repair department only. § 158. Lighting. — No system of artificial lighting other than in- candescent electric lights shall be installed in any garage, unless of a type for which a certificate of approval shall have been issued. All incandescent lights shall be fitted with keyless sockets, and all electric switches and plugs shall be placed at least 4 feet above the garage floor. § 159. Fire prevention. — 1. Exposed flame or spark. No stove, forge, boiler, torch, flame, or fire, and no electric or other appliance which is likely to produce an exposed spark, shall be installed in any garage, unless it be placed in a room or compartment which is separated from the garage by fireproof walls and floors. 2. Sand. Each garage shall be equipped with fire buckets filled with sand and kept on each floor, for use in extinguishing fire. A quantity of sand shall also be kept on each floor of a garage, for absorbing waste oil. The quantity of sand and the number of buckets for each garage shall be designated by the fire commissioner and stated in the permit. 3. Receptacles for waste. Each floor of a garage shall be equipped with self-closing metal cans; and all inflammable waste material shall be kept therein until removed from the building. 4. Storage of carbide. All calcium carbide stored in a garage shall be kept in water-tight metal containers with securely fastened covers; and the aggregate quantity kept on hand shall not exceed at any time 120 pounds. ARTICLE 12 MOTOR VEHICLE REPAIR SHOPS Sec. 170. Permit. § 171. Restrictions. Sec. 170. Permit. — No person shall maintain or operate a motor vehicle repair shop without a permit; provided that such a permit shall not be required of a person holding a garage permit. § 171. Restrictions. — No person shall 1. Store or keep for sale in a motor vehicle repair shop any vola- tile inflammable oil or calcium carbide, except under a special permit; 2. Introduce or receive into such a repair shop any motor vehicle containing volatile inflammable oil, unless the building or that por- tion thereof occupied as a repair shop is constructed of fire-resisting material. EXPLOSIVES AND HAZARDOUS TRADES 197 ARTICLE 13 DRY CLEANING AND DRY DYEING ESTABLISHMENTS Sec. 175. Permit. § 176. Restrictions. § 177. Equipment. § 178. Operation. § 179. Fire-prevention. Sec. 175. Permit. — No person shall maintain or operate a dry cleaning or dry dyeing establishment without a permit. § 176. Restrictions. — No permit to maintain and operate a dry cleaning or dry dyeing establishment shall be issued for any building: (a) In which the compartment wherein the volatile inflammable oil is used is situated within 50 feet of the nearest wall of any build- ing occupied as a school, hospital, theatre, or other place of public amusement or assembly; (b) Which is occupied as a tenement house, dwelling or hotel; (c) Which is of wooden construction; (d) In which the compartment wherein the volatile inflammable oil is used is artificially lighted by any means other than electricity. (e) Where drugs, cigars, cigarettes or tobaccos are kept for sale; (f) Where paints, varnishes or lacquers are manufactured, stored, or kept for sale; (g) Where drygoods or other highly inflammable materials are manufactured, stored or kept for sale; (h) Where matches, rosin, turpentine, hemp, cotton, or any ex- plosives are stored or kept. (i) Which is not equipped with an approved system for storing and handling all volatile inflammable oils, stored or used in such estab- lishments as prescribed in sub-divisions 5, 6, 9, 13 and 14 of § 131 of Article 9 of this chapter. § 177. Equipment. — 1. Certificate of approval. No system for the storage of volatile inflammable oils shall be installed in any building used as a dry cleaning or dry dyeing establishment, unless it be of a type for which a certificate of approval shall have been issued. 2. Settling tank. At the close of each day, all volatile inflammable oils remaining in the washing tank shall be transferred through continuous piping to a settling tank; and each settling tank shall be installed and equipped in the same manner as prescribed in this article for a storage tank. 3. Roof -tanks. By special permit, the installation of a tank or tanks for the storage of volatile inflammable oils or liquids on the roof of a building used exclusively as a dry cleaning or dry dyeing establishment may be authorized; provided such building is of fire- proof construction throughout, and the tank or tanks shall be in- stalled in a separate compartment. 4. “TFas/i tank^^ room. Each room or compartment wherein a ^Vashing tank^’ is located shall be properly ventilated, and shall be equipped with self-closing fireproof doors and windows that can be easily opened from the outside. § 178. Operation. — 1. Settling, filtering and, distilling. All volatile 198 CODE OF ORDINANCES OP THE CITY OP NEW YORK inflammable oil which has been used in the process of dry cleaning or dry dyeing shall be settled, filtered or distilled in a machine or apparatus, of a type for which a certificate of approval shall have been issued. 2. Sewer 'protection. No person shall discharge any volatile in- flammable oil into any public drain or sewer. 3. Supervision. The operation of a di*y cleaning or dry dyeing establishment shall be continuously under the care and supervision of a person holding a certificate of fitness as manager thereof. § 179. Fire prevention. — \. Steam extinguishing applicance. Each room or compartment wherein a ^‘washing tank'^ is located shall be equipped with an approved steam fire extinguishing system, the supply valve for which shall be placed on the outside of the washing room with one valve so arranged that the steam can be instanta- neously turned on. 2. Buckets of sand. Each premises in which a dry cleaning or dry dyeing establishment is located shall be equipped with fire buckets filled with sand and kept on each floor, for use in extinguishing fire. A quantity of sand shall also be kept on each floor for absorbing waste oils. The number of buckets and the quantity of sand to be so kept shall be determined by the fire commissioner and stated in the permit. 3. Artificial lighting. No system of artificial lighting other than incandescent electric lights shall be installed in any room or com- partment wherein volatile inflammable oil is stored or used, unless it be of a type for which a certificate of approval shall have been issued. All incandescent lights shall be fitted with keyless sockets, and all electric switches and plugs shall be placed at least 4 feet above the floor. 4. Exposed flame or spark. No stove, forge, torch, boiler, furnace, flame or fire, and no electric or other appliance that is likely to pro- duce an exposed spark, shall be installed in any room or compart- ment in which volatile inflammable oil is stored or used. 5. Garr'ying matches. No person shall carry matches into any room or compartment in which volatile inflammable oil is used or stored. ARTICLE 14 SPONGING Sec. 190. Permit. § 191. Restrictions. Sec. 190. Permit. — No person shall conduct the business of sponging garments or fabrics for hire, without a permit; provided, that no such permit shall be required of the holder of a permit to maintain and operate a dry cleaning or dry dyeing estabhshment. § 191. Restrictions. — No person shall 1. Conduct sponging operations within 10 feet of a fire or open flame; 2. Keep more than 2 gallons of volatile inflammable oil in any premises covered by a permit for sponging; EXPLOSIVES AND HAZARDOUS TRADES 199 3. Sell or give away volatile inflammable oil or use any such oil for any other purpose than sponging. 4. Store or keep volatile inflammable oil in excess of 1 gallon on the premises covered by a permit for sponging except in an approved container. ARTICLE 15 PAINTS, VARNISHES AND LACQUERS Sec. 200. Permit. § 201. Restrictions. Sec. 200. Permit . — No person shall manufacture, store or keep for sale paints, varnishes or lacquers or any other substances, mixtures and compounds commonly used for painting, varnishing, staining or other similar purposes, in quantities greater than 20 gallons without a permit. § 201. Restrictions . — No permit for the manufacture, mixing or compounding of paints, varnishes or lacquers shall be issued for any premises — (a) Which are situated within 50 feet of the nearest wall of a building occupied as a school, theatre or other place of pubhc amuse- ment or assembly; (b) Which are occupied as a tenement house, dwelling, hotel, workshop or factory; (c) Which are artificially lighted by any means other than elec- tricity; (d) Where drugs, cigars, cigarettes or tobaccos are kept for sale; (e) Where drygoods or other highly inflammable materials are manufactured, stored or kept for sale. ARTICLE 16 CALCIUM CARBIDE Sec. 205. Permit. § 206. Conditions. § 207. Restrictions. Sec. 205. Permit . — No person shall store or keep calcium carbide in excess of 120 pounds without a permit. § 206. Conditions. — 1. Containers. Each can, drum or container for holding calcium carbide shall be constructed of tin, iron or steel, without the use of solder. It shall be closed in such manner as to be air- and water-tight, and shall be conspicuously marked CARBIDE — DANGEROUS IF NOT KEPT DRY. 2. Place. No building shall be used for the storage of calcium carbide in excess of 600 lbs. which is not exclusively used for such storage and is detached from any other building, or shall be separated from any other building by an unpierced fireproof wall not less than 12 inches thick. It shall be constructed in such manner as to be dry. 200 CODE OP ORDINANCES OF THE CITY OF NEW YORK waterproof, and well ventilated, and no carbide shall be stored on any floor which is less than 6 inches above the street level. 3. Warning. A building used for such storage shall have a sign conspicuously displayed on the outside thereof bearing in letters at least twelve inches high the words CALCIUM CARBIDE— USE NO WATER. § 207. Restrictions. — No permit shall be issued for the storage of calcium carbide in excess of six hundred pounds in any building — (a) Which is not used exclusively for such storage; (b) Which is situated within fifty feet of the nearest wall of any building occupied as a hospital, school, theatre, or other place of public amusement or assembly; (c) Which is of wooden construction. ARTICLE 17 GASES UNDER PRESSURE Sec. 210. Permit. § 211. Compressing. § 212. Acetylene. § 213. Oxygen blow-pipes. Sec. 210. Permit. — No person shall compress, store or sell any acetylene. Blaugas, Pintsch gas or other gases and mixtures of gases to a pressure greater than 6 pounds to the square inch, without a permit. § 211. Compressing. — 1. Capacity. No person shall store tanks or cylinders containing gas compressed to a pressure greater than 15 pounds to the square inch aggregating more than 250 cubic feet, without a permit. 2. Certificate of fitness. No gas shall be compressed to a pressure greater than 6 pounds to the square inch, unless such compression be done under the supervision of a person holding a certificate of fitness. 3. Construction. All tanks and cylinders used for the storage of gas under pressure shall be constructed of rolled, drawn or forged steel, and shall be either seamless, brazed, welded or riveted. Each tank or cylinder used for the storage of gas under pressure, other than acetylene, shall be tested to withstand a pressure double that at which they are intended to be filled. 4. Containers; certificate of approval. No person shall transport, store or sell any gas compressed to a pressure greater than 15 pounds to the square inch, except it be contained in a metal tank, cylinder or other metal container, of a type for which a certificate of approval shall have been issued. 5. Pressure gauge. Each tank or cylinder used for the storage of gas under pressure shall be provided with a pressure gauge, or with an opening to which such gauge may be attached, for determining the pressure of the gas in the tank or cylinder, and with a safety plug or plugs which shall release at a temperature of 350° F. 6. Stamped. Each tank or cylinder used for the storage of gas under pressure shall have plainly stamped thereon the name of the EXPLOSIVES AND HAZARDOUS TRADES 201 manufacturer, the tensile strength of the material used in the con- struction of the tank or cylinder, the year of manufacture, and the name or kind of gas contained in the tank or cylinder; and shall be identified by a serial number. 7. Pipe4ines. No person shall transmit, through a pipe from one locality to another within the city, any gas compressed to a pressure greater than 6 pounds to the square inch, except under authority of a special permit. § 212. Acetylene. — 1. Approval of generator. No person shall gen- erate acetylene, except in a generator or other suitable apparatus of a type for which a certificate of approval shall have been issued; provided, however, that nothing contained in this section shall be construed as requiring a certificate of approval for an acetylene gen- erator having a carbide capacity not exceeding 5 pounds. 2. Containing building. Each building or compartment used for the generation and compression of acetylene, to a pressure greater than 15 pounds to the square inch, shall be constructed of fire- resisting materials throughout, and shall be used for no other pur- pose. 3. Stationary apparatus. Each stationary apparatus for generating acetylene shall be equipped with liquid seals, a safety valve, a blow- off valve or other automatic appliance for limiting the pressure of the gas to not more than 15 pounds to the square inch at a temperature of 70° F. The apparatus shall be installed in a waterproof com- partment having the floor, walls and roof of brick or reinforced con- crete. The size of such compartment shall not exceed that required to allow the free operation of the apparatus and the storage of the necessary carbide. Each such apparatus shall bear the name of the manufacturer and the year of its manufacture, and shall be identified by a serial number. 4. Compression. No person shall compress acetylene, nor trans- port, store or sell acetylene compressed to a greater pressure than 250 pounds to the square inch at a temperature of 70° F. 5. Dissolving and absorbing. No person shall generate, transport, store or sell acetylene compressed to a pressure greater than 15 pounds to the square inch, except when it be dissolved in acetone, or other similar solvent and simultaneously absorbed into asbestos or other suitable porous material; and confined in a tank or cylinder of a type for which a certificate of approval shall have been issued. 6. Liquid. No person shall generate, manufacture, transport, store or sell any liquid acetylene. 7. Residue of carbide. All solid residue of calcium carbide shall be promptly removed from the building and disposed of ; and no person shall discharge any such residue into a public drain or sewer. 8. Storage tanks. All tanks and cylinders used for the storage of acetylene under pressure shall be designed and constructed to with- stand a pressure of 1,200 pounds to the square inch without rupture, and to withstand a pressure of at least 550 pounds to the square inch without exhibiting strain beyond the point of usefulness. Each tank and cylinder used for the storage of acetylene under pressure shall be tested to withstand a pressure of 500 lbs. to the square inch; and no person shall generate, transport, store or sell acetylene in an apparatus, tank or other container in the construction of which 202 CODE OF ORDINANCES OF THE CITY OP NEW YORK unalloyed copper is used. No tank or cylinder containing acetylene in quantities aggregating more than 2,500 cubic feet shall be stored in any building except under a special permit. Acetylene contained in tanks or cylinders attached to vehicles and ready for use shall not be included in computing the quantity stored in any building. 9. Use in public entertainment. No person shall generate acetylene in connection with a motion picture show or exhibition or other public entertainment. 10. Ventilating j heating and lighting. Each building or compart- ment used for the generation or compression of acetylene shall be well ventilated, shall be heated only by steam or hot water, and shall not be artificially lighted except by electric lights having airtight bulbs, globes or tubes. ^ 11. Fire prevention. No stove, forge, torch, boiler, furnace, flame or fire, and no electric or other appliance which is likely to produce an exposed spark shall be allowed in any compartment used for the generation or compression of acetylene. § 213. Oxygen blow-pipes. — 1. Certificate of approval. No person shall use oxygen and a combustible gas for heating, melting or welding, except in or through a blow-pipe or other similar device or apparatus of a type for which a certificate of approval shall have been issued. 2. Certificate of fitness. No person shall operate a blow-pipe or other similar device or apparatus for heating, melting or welding, except when it be done under the supervision of a person holding a certificate of fitness. 3. Permit. No person shall use oxygen in combination with a combustible gas, in or through a blow-pipe or other similar device, for heating, melting or welding, without a permit. 4. Portable generators. No person shall use a portable generator in any building for the purpose of supplying gas to a blow-pipe or other similar device or apparatus, except where a certificate of approval for the generator has been issued, and then only, when a special per- mit has been issued for its use. ARTICLE 18 REFRIGERATING PLANTS ARTICLE 19 NITRO-CELLULOSB Sec. 230. Manufacture. § 231. Guncotton. § 232. Nitro-cellulose products. § 233. Scraps and other refuse materials. § 234. Fire prevention. Sec. 230. Manufacture. — No person shall manufacture any gun- cotton, soluble cotton or any other product of nitro-cellulose. § 231. Guncotton. — No person shall transport, store, sell, use or otherwise handle guncotton in miy form, either alone or in combina- tion with any other substance intended to be used as: EXPU3SIVES AND HAZARDOUS TRADES 203 (a) A blasting explosive, except in the manner provided in Ar- ticle 4 of this chapter; (b) A propelling charge except in the manner provided in Ar- ticle 5 of this chapter. § 232. Nitro-cellulose 'products, — 1. Permit. No person shall store or keep, manufacture or sell any nitro-cellulose product, as defined in § 1 of this chapter, or manufacture any article therefrom without a permit. 2. Restrictions. No permit for the storage of nitro-cellulose prod- ucts, except in quantities less than 100 pounds, for purposes of manufacture of articles therefrom, shall be issued for any building: (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, theatre, or other place of public amuse- ment or assenibly; (b) Which is occupied as a tenement house, dwelling or hotel; (c) Which is artificially lighted by any means other than elec- tricity; (d) Which is of wooden construction; fe) Which is not equipped with an approved system of automatic sprinklers; (f) Where paints, varnishes or lacquers are manufactured, stored or kept for sale; (g) Where matches, rosin, turpentine, oils, hemp, cotton, or any explosive, are stored or kept for sale. 3. Storage of raw 'material. All nitro-cellulose products in the form of blocks, slabs, sheets, rods, tubes or other shapes to be used as raw material shall be kept stored in a fireproof room or compartment, constructed in accordance with plans submitted to and approved by the fire commissioner. 4. Supervision. All premises used for the storage of nitro-cellulose products, or for the manufacture of articles therefrom shall be con- tinuously under the care and supervision of one or more persons, each holding a certificate of fitness as superintendent or manager thereof. The number of persons required to hold such certificates shall in each case be stated in the permit. 5. Water-jet. Whenever, in the process of manufacturing articles from nitro-cellulose products, saws or cutting tools are used which are likely to heat the material to the firing point by friction or other- wise, a jet of water shall continuously play upon the point of contact. § 233. Scraps and other refuse 'materials. — 1. Fire-proof receptacles. No permit for the manufacture of any article composed wholly or in part of nitro-cellulose products shall be issued for any premises which are not equipped with an approved metal receptacle or con- tainer; and all scraps, cuttings, shavings, sawdust and other refuse material of such products shall at frequent intervals be collected and placed in such receptacle and kept continuously immersed in water. 2. Removal. No person shall store or keep scraps, cuttings, shav- ings, sawdust or other refuse material of nitro-cellulose products in quantities greater than 350 pounds; and all such scraps, cuttings, shavings, sawdust and refuse material shall be immediately removed and transported beyond the city limits. 3. Traffic in. No person shall collect scraps, cuttings, shavings, 204 CODE OF ORDINANCES OF THE CITY OF NEW YORK sawdust or other refuse material of nitro-cellulose products for the purpose of removing the same from the place of manufacture without a permit. The provisions of this subdivision shall not apply to persons holding permits issued pursuant to § 232 of this chapter, but, in any case, aU such material shall be placed in containers of sub- stantial construction, and not more than 2,000 pounds thereof shall be transported as a single wagon or truck load. §234. Fire ^prevention. — 1. Exposed flame or spark. No heat other than steam or hot water, and no stove, forge, torch, boiler, furnace, flame or fire and no electric or other appliance likely to produce an exposed spark shall be allowed in any room or compart- ment used for the storage of nitro-cellulose products, or in any room or compartment used for the manufacture of articles therefrom. 2. Fire-pails. No permit for the manufacture of articles from nitro-cellulose products shall be issued for any premises which are not equipped with at least 1 fire pail to every 2 persons employed therein; and all such pails shall be kept continuously full of water. ARTICLE 20 INFLAMMABLE MOTION PICTURE FILMS Sec. 240. Permit. § 241. Restrictions. § 242. Storage-rooms. § 243. Work-rooms. § 244. Fire prevention. § 245. Projecting machines. Sec. 240. Permit . — No person shall store or keep on hand any inflammable motion picture films in quantities greater than 10 reek or aggregating more than 10,000 feet in length, without a permit. § 241. Restrictions . — No permit for the storage of inflammable motion picture films shall be issued for any building — (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, theatre, or other place of public amuse- ment or assembly; (b) Which is occupied as a tenement house, dwelling or hotel; (c) Which is artificially lighted by any means other than electric- ity; (d) Which is of wooden construction; (e) Which is not equipped with an approved system of automatic sprinklers; (f) Which does not contain one or more separate rooms used ex- clusively for the storage of such films. § 242. Storage rooms. Each room used for the storage of motion- picture films shall have the ceiling, waUs and floors constructed of brick or masonry, or completely lined with a metal lining of a thick- ness to be prescribed by the fire commissioner in each case. The doors, window frames and sash, and all shelves, furniture and fixtures of such rooms shall be of metal or other fireproof material, and all doors shall be self-closing. A room for the storage of inflammable EXPLOSIVES AND HAZARDOUS TRADES 205 motion picture films shall not be artificially lighted except by elec- tric lights having airtight bulbs, globes or tubes encased in suitable wire cages and fitted with keyless sockets. § 243. Work-rooms. — 1. Construction and fittings. All examining, repairing or piecing together of inflammable motion picture films shall be done in a room used for no other purpose and separated from the rest of the building by fireproof partitions and self-closing fire- proof doors. All furniture and fittings in a room where inflammable motion picture films are repaired or pieced together shall be of metal or other fireproof material. 2. Quantity of film permitted. Not more than 10 reels, nor more than 10,000 feet in the aggregate of motion-picture films, shall be under examination or repair at one time; and each reel of films shall be kept in a tightly closed metal box when not being examined or repaired. 3. Receptacles for waste. Each room used for the repairing or piecing together of inflammable motion picture films shall contain a metal can, wherein all waste parts and scraps of such films shall be placed and kept covered with water. § 244. Fire prevention. — 1. Storage of cements. No collodion, amyl acetate or other similar inflammable cement or liquid in quantities greater than 1 quart shall be kept in a room where inflammmable motion picture films are stored or repaired. 2. Heating appliances. No heat other than steam or hot water, and no stove, forge, torch, boiler, furnace, flame or fire, and no electric or other appliance likely to produce an exposed spark shall be allowed in any room used for the storage or repair of inflammable motion picture fflms. § 245. Projecting machines. — No person shall use for exhibition purposes within the city any inflammable motion picture film except in a machine or apparatus of a type for which a certificate of approval shall have been issued. ARTICLE 21 DISTILLED LIQUORS AND ALCOHOLS Sec. 250. Permit. § 251. Restrictions. § 252. Storage. Sec. 250. Permit. — No person shall manufacture distilled liquors, spirits or alcohols of any kind, by distillation or rectification, without a permit, nor shall any person store or keep distilled liquors, spirits or alcohols of any kind, in quantities aggregating more than 10 bar- rels, of 50 gallons each, without a permit. § 251. Restrictions. — No permit shall be issued for the manufac- ture, distillation, rectification, or storage, of distilled liquor, spirits or alcohols, in any building — (a) \\^ich is situated within 50 feet of the nearest wall of any building occupied as a hospital, school, theatre or other place of public amusement or assembly; (b) Which is of wooden construction; 20(3 CODE OF ORDINANCES OF THE CITY OF NEW YORK (c) Which is not equipped with an approved fire extinguishing system. § 252. Storage . — No person shall store distilled liquors, spirits or alcohols of any kind in excess of 1 barrel for each 4 square feet of floor space; and barrels containing liquors, spirits or alcohols shall not be stacked more than two high. ARTICLE 22 OILS AND FATS Sec. 255. Permit. § 256. Restrictions. Sec. 255. Permit . — No person shall store or keep on hand any oil, fat, grease or soap stock, exceeding the equivalent of 5 barrels, without a permit; provided that a person who holds a permit, issued in conformity with the provisions of Article 8 or Article 23 of this chapter, shall not be required to obtain a permit for the storage and use of such oils, fats, greases and soap-stock as may be incident to the business conducted thereunder. No person shall store upon any floor of a building any oil, fat, grease or soap-stock exceeding in weight one-third the safe bearing capacity of the floor, as certified to by the bureau of buildings, or covering when contained in barrels or other containers more than two-thirds of the floor space of such floor. § 256. Restrictions . — No permit shall be issued for the storage of oils, fat, greases or soap-stock in any building or premises — (a) Which is situated within 50 feet of the nearest wall of any building occupied as a school, hospital, theatre, or any other place of public amusement or assembly; (b) Which is occupied as a tenement house or hotel; (c) Which is occupied as a workshop or factory, except such workshop or factory be incident to the business of the applicant; (d) Which is of wooden construction, except in sparsely populated districts, where it shall be within the discretion of the fire commis- sioner; (e) Which is not equipped with a fire extinguishing system satis- factory to the fire commissioner; (f) Where matches or any explosives are stored or kept. ARTICLE 23 TECHNICAL ESTABLISHMENTS Sec. 260. Permit. § 261. Supervision. § 262. Restrictions. Sec. 260. Permit . — No person shall maintain or operate a technical establishment, as defined in § 1 of this chapter, without a permit. Each such permit shall prescribe the maximum quantity of explo- EXPLOSIVES AND HAZARDOUS TRADES 207 sives, inflammable or combustible materials and substances to be stored, the method of storing and using the same, and the necessary rules for the handling thereof, as well as the number of persons re- quired to hold certificates of fitness. § 261. Supervision. — No permit shall be issued under this title unless the establishment shall be continuously under the care and supervision of one or more persons, each holding a certificate of fitness as a superintendent or manager thereof. § 262. Restrictions. — No person shall store for use, or to use in any technical establishment any liquid acetylene, acetylide of copper or other metallic acetylide; fulminate of mercury, or any other fulminate or fulminating compound; nitroglycerine; chloride of nitrogen; amide or amine; blasting powder; smokeless powder; or gunpowder in any form; or any volatile product of petroleum (except rhigoline) having a boiling point lower than 60° F. ARTICLE 24 WHOLESALE DRUG-STORES AND DRUG AND CHEMICAL SUPPLY-HOUSES Sec. 270. Special permit. § 271. Passageways. § 272. Restrictions. § 273. Laboratory. § 274. Light and power. § 275. Prohibited materials. § 276. Quantities of supplies allowed. § 277. Storage. § 278. Supervision. § 279. Fire prevention. Sec. 270. Special permit. No person shall maintain or operate a wholesale drug-store or drug and chemical supply house, as defined in § 1 of this chapter, without a special permit. § 271. Passageways. — On each floor of a building occupied as a wholesale drug store or drug and chemical supply house, there shall be maintained, at distances not exceeding 15 feet apart nor more than 15 feet from either wall, open and unobstructed passageways at least three feet wide extending the entire length of the floor; and there shall be also maintained similar passageways running the entire width of the floor, the distance between which or from walls shall not exceed 25 feet. § 272. Restrictions. — No permit shall be issued for a wholesale drug store or drug and chemical supply-house in any building: (a) Which is situated within 50 feet of the nearest wall of any building which is occupied as a school, hospital, theatre, or other place of public amusement or assembly; (b) Which is occupied as a tenement house or hotel; (c) Which is occupied as a workshop or factory, except such work- shop or factory is incident to the business of the applicant; or except in buildings constructed of fire resisting materials throughout, and when the portion of such building occupied by the applicant is sep- arated from the rest of the building by fireproof walls and floors; 208 CODE OF ORDINANCES OF THE CITY OF NEW YORK (d) Which is not equipped with a fire extinguishing system ap- proved by the fire commissioner; (e) Which is of wooden construction. §273. Laboratory. — 1. Construction. The operation of compound- ing medicinal preparations, proprietary articles and similar materials, or analyzing or testing drugs, chemicals, medicinal preparations, proprietary articles and similar materials, when explosive or inflam- mable substances are required, shall be conducted only in a room or part of the premises separated from the rest of the building by fireproof walls and floors and having all openings thereto fitted with self-closing fireproof doors and windows. 2. Heating. In laboratory operations where volatile inflammable oils or liquids are used as solvents or otherwise in compounding, dispensing or preparing medicinal preparations, proprietary articles and similar materials, or in recovering such solvents by distillation, the source of heat employed shall be hot water, steam or electricity only; the use of an open flame of any kind being expressly forbidden. § 274. Light and power. — 1. Light. No system of artificial lights, other than incandescent electric lights, shall be installed in a whole- sale drug store or drug and chemical supply house, unless of a type for which a certificate of approval shall have been issued. Cellars and basements shall be provided with a sufficient number of incan- descent lights to insure proper illumination throughout. Such lights shall be fitted with keyless sockets and shall be controlled by a switch or switches, located at or near the entrance to the cellar or basement on the grade floor, with a sign at such switch or switches reading ‘‘Control of Basement Lights.” The number of such lights and the location thereof shall be stated in the permit. In addition to the lights herein provided for, there may be installed in a cellar or basement such number of individual incandescent lights with keyless sockets as may be required, provided they are controlled by an independent circuit. 2. Power. No electric dynamo, motor hoist or other electric ap- pliance likely to produce an exposed spark, shall be allowed in a room or compartment of a wholesale drug store or drug and chemical supply house, unless it be protected in such manner as is prescribed by the fire commissioner. § 275. Prohibited materials. — No person shall manufacture or store in a wholesale drug store or drug and chemical supply house any of the following substances: 1. Acetylide of copper; 2. Amide of amine explosive; 3. Chloride of nitrogen; 4. Colored fire in any form; 5. Cymogene or any volatile product of petroleum (except rhigoline) or coal tar having a boiling point lower than 60 degrees Fahrenheit; 6. Flashlight powders; 7. Fulminate or any fulminating compound; 8. Guncotton; 9. Gunpowder in any form; 10. Liquid acetylene. 11. Nitro-glycerine, except in official U. S. Pharmacopoeia solu- EXPLOSIVES AND HAZARDOUS TRADES 209 tion, or in form of pills, tablets, or granules containing not more than l-50th of a grain each; 12. Picrates; 13. Potassium chlorate in admixture with organic substances or with phosphorus or sulphur; provided that this restric- tion shall not apply to the manufacture or storage of tablets of chlorate of potash intended for use solely for medicinal purposes; 14. Rubber shoddy. § 276. Quantities of supplies allowed . — No permit shall be issued for the storage in a wholesale drug store or drug and chemical supply house of any of the following substances in quantities greater than those set forth in the following schedule: 1. Explosives. Amyl nitrate in bottles 25 pounds Amyl nitrate in pearls 100 gross Carbon bisulphide 50 pounds Collodions 100 pounds in all Gases, liquefied: Anhydrous ammonia 2 cylinders Carbon dioxide 2 cylinders Nitrous oxide 2 cylinders Oxygen 2 cylinders Sulphur dioxide 2 cylinders Nitroglycerine, 1 per cent, solution in al- cohol 20 pounds Picric acid 25 pounds Soluble cotton 25 pounds in all 2. Volatile inflammable liquids {insoluble). Benzine, benzole or naphthas of any kind 150 gallons in all Coal tar 1 barrel Coal tar oils (heavy) 10 barrels Crude petroleum 1 barrel Ethyl chloride and other ethers 200 pounds in all Ether, nitrous 100 pounds in 5-pound package or less Ether, sulphuric 500 pounds Rhigoline 2 dozen 1-pound tins Varnishes, lacquers, etc 275 gallons in all Wood creosote 5 barrels 3. Volatile inflammable liquids {soluble). Acetone 1 barrel Alcohol, denatured 10 barrels Alcohol, ethyl 10 barrels Alcohol, methyl 10 barrels Aldehyde, ethyl 5 gallons 4. Non-volatile inflammable liquids {insoluble). Amyl acetate 10 barrels Anayl alcohol 10 barrels Aniline oil 5 drums Cumol 5 barrels Essential oils 10,000 pounds in all Kerosene. 1 barrel 14 210 CODE OF ORDINANCES OF THE CITY OP NEW YORK Nitrobenzole 5 drums Terebene 100 pounds Turpentine 10 barrels Toluol 350 pounds Xylol 100 pounds 5. Non-volatile inflammable liquids (soluble). Glycerine 5,000 pounds 6. Combustible solids. Metallic magnesium 100 pounds Phosphorus 11 pounds Phosphorus, red 11 pounds Sulphur 25 barrels in all 7. GumSy resins, pitch, etc. Burgundy pitch 5,000 pounds Camphor 8,000 pounds Gum thus 5 barrels Naphthaline 50 barrels in all Pitch (coal tar pitch) 2 barrels Resins, balsams and other varnish gums 8,000 pounds in all Rosin 5 barrels Shellac 2,500 pounds Stockholm tar 1,000 pounds Tar refined (wood) 10 barrels Venice turpentine 2,000 pounds 8. Combustible flbres and powders (vegetable). Cotton, absorbent 2,000 pounds Cotton batting 10 bales Excelsior 25 bales Flax 20 bales Jute 25 bales Lampblack 10 barrels Lycopodium 2,000 pounds Oakum 2 bales Pulverized charcoal 10 barrels Sawdust 15 bags Straw, packing 10 bales 9. Dangerously corrosive acids. Anhydrous acetic 500 pounds Carbolic 15,000 pounds Glacial acetic 2,000 pounds Hydrochloric 15 carboys Hydrofluoric 500 pounds Sulphuric 15 carboys 10. Adds. Chromic 100 pounds Iodic 5 pounds Nitric 3 carboys Nitric, fuming 25 pounds Periodic 2 pounds 11. Peroxides. Barium 2 casks Calcium 100 pounds Hydrogen, U. S. P 5,000 pounds EXPLOSIVES AND HAZARDOUS TRADES 211 Other hydrogen peroxides, over 3 per cent., not to exceed 15 per cent 500 pounds Potassium 10 pounds Sodium 25 pounds 12. Chlorates. Barium . 500 pounds Other metallic 100 pounds in all Potassium 1,000 pounds Sodium 1,000 pounds 13. Perchlorates. Potassium 10 pounds Other metallic perchlorates 10 pounds in all 14. Permanganates. Potassium 1,000 pounds Sodium 100 pounds Other metallic permanganates 100 pounds in all 15. Nitrates. Barium 1,200 pounds Bismuth subnitrate 2,500 pounds Cobalt 1,000 pounds Copper 100 pounds Iron, ferric 200 pounds Mercury (mercuric) 100 pounds Mercury (mercurous) 10 pounds Potassium 2,000 pounds Silver 50 pounds Sodium 1,000 pounds Strontium 1,200 pounds Other metallic 500 pounds in all 16. Metallic oxides. Lead binoxide 25 pounds Lead (litharge) 1,200 pounds Lead (red) 500 pounds Mercury; yellow precipitate (mercurous) 200 pounds Mercury; red precipitate (mercuric) . . . 100 pounds Silver 10 pounds 17. Substances made dangerous by contact with other substances. Calcium carbide 60 pounds Metallic potassium 5 pounds Metallic sodium 5 poimds All other metals of the alkalies or alkalone earths 5 pounds in all Phosphides 10 pounds Unslaked lime 2 barrels Zinc dust 100 pounds The fire commissioner may, by special supplemental^ permit, authorize the storage of greater quantities of substances than those named in the foregoing schedule, or the storage of other substances not specified therein. § 277. Storage. — 1. Chemical affinity. No person shall store chemicals in close proximity to each other when they are of an explosive nature, or when one increases the energy of decom- position of the other, or when they are so constituted that 212 CODE OF ORDINANCES OF THE CITY OF NEW YORK they may react upon one another and become explosive or in- flammable. 2. Liquids. The storage of acids or liquid chemicals so constituted that there is danger of explosion or combustion by their flowing into, upon, or among chemicals or other substances, shall be provided with safety catch basins or other equivalent device, so that in case of the leakage of containers of such acids or liquids the same shall not constitute danger to life or property. Carboys containing nitric acid shall be stored only on brick, concrete or asphalt floors, and in a vault or vaults situated below the street level; and it shall be unlawful to permit sawdust, hay, excelsior, any organic substance, or other acids or chemicals in close proximity to such carboys or stocks of nitric acid. A sufficient quantity of sand or infusorial earth shall be provided for absorbing all waste liquids from floors. 3. Volatile inflammable oil. Volatile inflammable oils, or liquids containing volatile inflammable oil, shall be stored in conformity with the provisions of Articles 8, 9 and 10 hereof. § 278. Supervision. — Each wholesale drug store or drug and chemical supply house shall be continuously under the care and supervision of one or more persons, each holding a certificate of fitness as manager or superintendent or foreman thereof. The num- ber of persons required to hold such certificates shall be stated in the permit. § 279. Fire prevention. — 1. Combustible waste. No person shall store or accumulate broken wood, waste paper or waste packing material of any kind in any part of the building where goods are packed or unpacked; such material shall be removed at the close of each day. Empty barrels, drums or containers from which volatile inflammable oil or other inflammable liquid has been taken, shall be removed from the premises as soon as possible, and in no case shall they be stored therein more than 24 hours. 2. Matches. No person shall keep or carry matches in a cellar or in a packing room of a wholesale drug store or drug and chemical supply house, or in any part of the premises where volatile inflamma- ble oils or highly combustible substances are stored or handled. 3. Packing rooms. Packing rooms shall be located as reinotely as practicable from large stocks of stored goods; and the packing room floor shall be kept as free as possible from hay, excelsior and other combustible packing material during work hours. At the close of each day, tables, floors and all parts of the packing room shall be swept clean of such materials, and the sweepings gathered into a metal box or other proper receptacle, which shall be kept closed at night. ARTICLE 25 RETAIL DRUG STORES Sec. 290. Permit; restrictions. § 291. Quantities of supplies allowed. § 292. Storage. § 293. Fire prevention. EXPLOSIVES AND HAZARDOUS TRADES 213 Sec. 290. Permit; restrictions . — No person shall maintain or op- erate a retail drug store, as defined in § 1 of this chapter, without a permit, but no such permit shall be issued authorizing the manufac- ture, compounding, dispensing or storing of any of the drugs or chemicals specified in § 275 of this chapter. § 291. Quantities of supplies allowed . — No permit shall be issued for the storage, sale or use in a retail drug store of any of the following substances in quantities greater than those set forth in the following schedule: 1. Adds. Carbolic 100 pounds Hydrochloric 200 pounds Nitric 15 pounds Picric 1 ounce Sulphuric 200 pounds 2. Volatile inflammable liquids. Acetone 5 pounds Amyl acetate 1 gallon Amyl alcohol 1 gallon r 2 ounces in 1-ounce Amyl nitrate ] bottles [ 6 dozen pearls Ethyl alcohol 1 barrel Benzine, benzole and naphtha of any kind . 5 gallons in 4-ounce bottles or pint tins Carbon bisulphide 3 pounds Collodion 5 pounds Denatured alcohol 1 barrel Ether, sulphuric 5 pounds Methyl alcohol 1 barrel Other ethers, in all 2 pounds Turpentine 1 barrel 3. Inflammable liquids. Essential oils 100 pounds in all Glycerine 500 pounds Pine tar 10 pounds 4. Combustible solids. Aluminum (powder) 1 pound Balsams and resins 50 pounds in all Camphor 350 pounds Charcoal, powdered 10 pounds Lamp black 10 pounds Magnesium (powder) 8 ounces Magnesium (ribbon) 8 ounces Naphthalene 4 barrels Phosphorus, red 2 ounces Phosphorus, yellow 1 ounce Rosin 10 pounds Sulphur and brimstone 250 pounds in all 5. Combustible fibres. Cotton, absorbent 150 pounds in cartons Cotton, batts 10 pounds in closed 214 CODE OF ORDINANCES OF THE CITY OF NEW YORK boxes or other containers Cotton, loose 6 pounds in closed boxes or other containers Excelsior, hay and straw 2 bales (except in stores located in tenement houses) Lint 10 pounds in closed boxes or other containers Oakum 10 pounds in closed boxes or other containers 6. Oxidizers. Barium peroxide 1 pound Bismuth subnitrate 20 pounds Calcium peroxide 5 pounds Chromic acid 1 pound Lead oxide (red) 5 pounds Lime, unslaked 200 pounds in sealed metal cans All other metallic bichromates or chromates 50 pounds in all Mercuric oxide (red) 2 pounds Mercurous oxide 2 pounds Mercury nitrate 1 pound Phosphides 10 ounces in all Potassium bichromate 10 pounds Potassium chlorate 25 pounds in 5-pound containers or less Potassium nitrate 50 pounds Potassium perchlorate 1 ounce Potassium permanganate 5 pounds Silver nitrate 1 pound Silver oxide 1 ounce Sodium bichromate 10 pounds Sodium chlorate 5 pounds Sodium nitrate 25 pounds Sodium permanganate 1 pound The storage of larger quantities of substances than those set forth in the foregoing schedule, or of other explosives or inflammable substances not specifically named therein, may be authorized by special permit. § 292. Storage. — 1. Chemical affinities. No person shall store chemicals in close proximity to each other when they are of an explosive nature, nor when one increases the energy of decomposition of the other, nor when they are so constituted that they may react upon one another and become explosive or inflammable; 2. Volatile inflammable oils. No person shall manufacture, com- pound, store or dispense volatile inflammable oil, or substances con- taining volatile inflammable oil, except under the conditions pre- scribed in Articles 8, 9 and 10 of this chapter. § 293. Fire prevention. — 1. Combustible waste. No person shall EXPLOSIVES AND HAZARDOUS TRADES 215 store or accumulate broken wood, waste paper, or waste packing material of any kind, in any part of the premises where goods are packed or unpacked. Such materials shall be removed at the close of the day. 2. Lighting. Cellars and basements used by retail drug stores shall be provided with a sufficient number of incandescent electric lights to insure proper illumination throughout. Such lights shall be fitted with keyless sockets and shall be controlled by a switch or switches, located at or near the entrance to such cellar or basement on the grade floor, with a sign at such switch or switches reading “Control of Basement Lights.” The number of such lights shall be determined by the fire commissioner and stated in the permit. In addition to the lights herein provided for, there may be installed such individual lights as may be required, provided that, if electric lights, they shall be controlled by an independent circuit. ARTICLE 26 MISCELLANEOUS Sec. 300. Violations. Sec. 300. Violations . — Any person who shall willfully violate or neglect or refuse to comply with any provision of this chapter, shall, upon conviction, be punished by a fine of not more than $500, or by imprisonment not exceeding 6 months, or by both such fine ana imprisonment. 216 CODE OP ORDINANCES OP THE CITY OP NEW YORK CHAPTER 11 Fire-Arms Article 1. General provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Pistols or revolvers, keeping or carrying. § 2. Discharge of small-arms. § 3. Sale of toy-pistols. § 4. Cannon firing. § 5. Violations. Sec. 1. Pistols or revolvers; keeping or carrying, — Every person to whom a license shall be granted to have and possess a pistol or revolver in a dwelling or place of business in the city shall pay there- for an annual fee of $1. Every person to whom a license shall be granted to have and carry concealed a pistol or revolver in the city shall pay therefor an annual fee of $2.50; provided, that no fee shall be charged or collected for a license to have and carry concealed a pistol or revolver which shall be issued upon the application of the commissioner of correction, or the warden or superintendent of any prison, penitentiary, workhouse or other institution for the detention of persons convicted or accused of crime or offense, or held as witnesses in criminal cases in the city. The fees prescribed by this section shall be collected by the officials issuing the licenses referred to herein and shall be paid by them into the police pension fund, and a return in detail shall be made monthly to the comptroller by such officials of the fees so collected and paid over by them. See the “Sullivan Law,” L. 1914, ch. 460, § 1897, Penal Law. § 2. Discharge of small-arms. — No person shall fire or discharge any gun, pistol, rifle, fowling-piece or other fire-arms in the city; pro- vided that the provisions of this section shall not apply to the follow- ing places: 1. In the Borough of Manhattan. — Harlem River Park; the dock at the foot of One Hundred and Fifty-fifth street. North River; the property of the Fort Washington Rifle Club; the Manhattan Casino, One Hundred and Fifty-fifth street and Eighth avenue; Fort George Park, Amsterdam avenue. One Hundred and Ninety-fourth to One Hundred and Ninety-seventh street; the Manhattan Field, Eighth avenue. One Hundred and Fifty-fifth to One Hundred and Fifty- seventh street; Speedway Clay Pigeon Club, Two Hundred and Sixth street and the Harlem river; Madison Square Garden; New York Motor Boat Club, One Hundred and Forty-seventh street and Hudson river; Grand Central Palace, on Lexington ave., between 46 th and 47 th streets; FIRE-ARMS 217 2. In the Borough of The Bronx. — Zeltner’s Park, Third avenue and One Hundred and Seventieth street; Berkeley Oval, Burnside avenue, between Sedgwick avenue and Macornbs Dam road; Pioneer Park, Stebbins avenue; Columbia College Gun Club, in Williams- bridge; the Country Club, on Eastchester Bay; the Kingsbridge Gun Club; the Melrose Shooting Club, at Berettos Point; grounds of Frank Strassburg, Broadway and Myers road. Van Cortlandt; Blue Rock Rod and Gun Club, Southern boulevard and One Hundred and Fifty- third street; Craig Lea Rod and Gun Club, Pelham bay; Transit Rod and Gun Club, Lafayette avenue and the Bronx river; the grounds of the Pelham Gun Club, foot of E. Scofield st.. City Island; the grounds of the Harlem Yacht Club on John st., near Ditmars st.. City Island; the grounds of the Powhattan Rifle Team on the S. E. side of Westchester ave., lying in between Watson lane and the Bronx River; the grounds of the City Island Yacht Club, at the foot of Cross st.. City Island; the grounds of the Clausen Point Rod and Gun Club, at Higg's Beach, Clausen Point; the grounds of the Pleasant Bay Gun Club at Morris’ Cove, Ferry Point Road, Unionport; the grounds of the Klondike Club, on the west shore of East Chester Bay near Weir Creek, Throggs Neck. 3. In the Borough of Brooklyn. — The grounds of the Bergen Beach Gun Club, in Bergen Beach; Westminster Gun Club, on Mill Island; the Parkway Driving Club; the Canarsie Gun Club; the grounds of the Nassau Field and Gun Club, an open space four blocks in dimension lying S. E. from Parker st. and Porter ave.; the grounds of the Bensonhurst Yacht Club, at the foot of 22d ave., facing Graves- end Bay; the grounds of the Bay View Gun Club, in the meadow lands, southeast corner of Cleveland street and Vandalia avenue. New Lots; the grounds of the Bensonhurst Yacht Club, located at the foot of Bay 25th street, and known as the Nostrand Homestead; 4. In the Borough of Queens. — The Ideal Rod and Gun Club, the Columbia Rod and Gun Club, and the Frog Inn Gun Club, in Springfield; the Queens County Gun Club; Gosman’s Farm, on Middleburg avenue; Hillside Rod and Gun Club, Flushing; Seawan- haka Rod and Gun Club, Crotona; the Bohemian Gun Club, Bel- videre Park, 2d ward; Oakland Gulf Club, Bayside and meadow land on Flushing creek; Cypress Hills Park, Evergreen; the grounds of the Rockaway Gun Club at the foot of Seaview avenue and Northern boulevard, Edgemere; the grounds of the Stimmel Rod and Gun Club, foot of Bayside ave., Whitestone; the grounds of the Bayside Yacht Club on Little Neck bay; the grounds of the College Point Gun Club in the meadow lands at the southeast corner of College Point causeway and 11th avenue. College Point; the grounds of the Long Island Rifle Club at Rosedale avenue and Foster’s Meadow road, Rosedale; the grounds of the Queens Club (Incorporated) in Queens; the grounds of the Forest Hills Country Club, on the Flushing meadow at the southwest corner of Ibis st., and Water- edge ave.. Forest Hills; the grounds occupied by Company I, Tenth Infantry, N. G., N. Y., known as Grawlo Farm and the Bedell farm, at Flushing; Witzell’s Grove, at College Point; the several grounds of the Rosedale Gun Club, the Prospect Gun Club and the Nassau Gun Club, located on Hook creek; the grounds of the Little Neck Yacht Club, located at the sandpit on Little Neck bay; the grounds 218 CODE OF ORDINANCES OF THE CITY OF NEW YORK of the Kissena Rod and Gun Club, located near the head of Vleigh road, about one hundred yards east of Jamaica avenue, Flushing. 5. In the Borough of Richmond . — Fox Hills Gun Club, in Clifton* premises of Antonio Lazzeri, Rosebank; Nunley's Railroad Hotel and Casino, South beach; premises of David Crabb, Linoleum ville; Aquehonga Gun Club, Mill road, Richmond Valley; the Bedell Estate and Smith Farm, Annadale; the Rosenberg Estate, West New Brighton; the Robin Hood Gun Club, 4th ward; Westerleigh Men's Club, south of Main st.. West New Brighton; the grounds of The Aus-Per-Ite Gun Club on the westerly side of Parkinson ave., north of Old Town Road, along the line of St. Mary's Cemetery, Grasmere; the grounds of the Great Kills Yacht Club, located at Great Kills, 4th ward; the pounds of the Richmond County Agri- cultural Society, Dongan Kills; the grounds of the Northfield Gun Club on Old Stone park, Graniteville, 3d ward; the grounds of the Staten Island Gun Club, located between Richmond Turnpike and the woods leading to Willowbrook road on land known as the “Mulvaney Property," 2d ward; the field of the West End Gun Club, situated on Woodrow road, midway between Huguenot avenue and Foster road. Huguenot; the grounds assigned to the use of the Boys' Brigade on the Cole Farm at Great Kills. § 3. Sale of toy-pistols . — No person shall sell or dispose of to a minor any toy-pistol or pistol that can be loaded with powder and ball or blank cartridge to be exploded by means of metal caps; but nothing herein contained shall apply to the sale or disposal of what are known as firecracker pistols, torpedo pistols or such pistols as are used for the explosion of paper caps. § 4. Cannon firing . — No member of a military organization nor any other person shall discharge a cannon or other piece of artillery, without a permit from the mayor so to do; but, in no case shall the calibre of the cannon or other piece of artillery discharged or fired exceed that of a 4-pounder. The provisions of this section, except that relating to the calibre of the gun, shall not be operative on July 4th, in each year. § 5. Violations . — ^Any person who shall willfully violate any provi- sion of this chapter, shall, upon conviction, be punished by a fine of not more than $50, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. FIRES AND FIRE PREVENTION 219 CHAPTER 12 Fires and Fire Prevention Article 1. Fire extinction. 2. Fire prevention. ARTICLE 1 FIRE EXTINCTION Sec. 1. Jurisdiction over harbor fires. § 2. Idle or suspicious persons may be dispersed. § 3. Fire hose; hose bridges. § 4. Fire-hydrants. § 5. Fire-alarm telegraph. § 6. Street-fires, permits required. § 7. Violations. Sec. 1. Jurisdiction over harbor fires . — In case of fire occurring on any vessel in the port of New York, or in or upon any dock, wharf, pier, warehouse, building or other structure bordering upon or adjacent to said port, full power and authority to direct and command the operation of extinguishing said fire, and to take the necessary precautions to prevent communication thereof to the ship- ping in said port or to the docks, wharves, piers, warehouses or other buildings or structures bordering upon or adjacent thereto, shall be vested in the fire department of the city. The officers of the fire department, in charge at the scene of any such fire, shall have full power and authority to direct the operation of extinguishing the same, and to take the necessary precautions to prevent the communication thereof to the shipping in said port, or to any docks, wharves, piers, warehouses or other buildings or structures bordering upon or adjacent thereto; and, in the course of such operation, they may prohibit the approach to such fire, or to a vessel, dock, wharf, pier, warehouse or other building or structure in danger therefrom, of any tugboat or other vessel, or of any person; or may remove, or cause to be removed and kept away from the vicinity of such fire, all tugboats or other vessels, all idle and suspicious persons and all persons not fit to be employed, or not actually and usefully employed, in their judgment, in aiding the extinguishing of such fire or in the preservation of property in the vicinity thereof. No person shall in any way obstruct the operations of the fire department in con- nection with any harbor fire, nor disobey any lawful command of the officers of the department, in charge at the scene of such fire, or of the police in co-operating with them; provided, that nothing in this section contained shall be construed to limit the authority of the master or officers of any vessel, on fire or in danger from fire, subject to the general authority granted herein of the department to control operations in the protection of the public interests. (Char- ter, § 756.) 220 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 2. Idle or suspicious persons may he dispersed. — During the actual prevalence of any fire, the officers of the police and fire de- partment shall remove, or cause to be removed and kept away from the vicinity of such fire, all idle and suspicious persons, and all per- sons not fit to be employed, or not actually and usefully employed in aiding the extinguishment of such fire or in the preservation of property in the vicinity thereof. (Charter, § 755.) § 3. Fire hose; hose-bridges. — No driver of a vehicle, nor chauffeur of a motor-vehicle, shall drive any such vehicle over or across any hose in use, or about to be used, or while lying in the carriageway after being used by any portion of the fire department, for extin- guishing fire; but the provisions of this section shall not apply to drivers of wagons carrying the United States mail, nor to drivers of ambulances when conveying any patient or injured person to any hospital, or when proceeding to the scene of any accident by which any person or persons have been injured; nor to the driver of any vehicle directed or permitted to drive over or across any such hose, by the officer of the fire department in command of the force operating at a fire. The fire commissioner is empowered to provide for laying fire hose over the railway tracks of the city, when necessary, by suitable hose-bridges. Railway companies operating cars within the city shall provide, pay for and use such hose-bridges as may be designated by the commissioner. (Charter, § 749 and C. O.) §4. Fire-hydrants. — 1. Opening or tampering with. No person, other than an employee of the department of water supply, gas and electricity, or the fire department, shall open, use or tamper with a fire-hydrant or high-pressure hydrant, without previous permission in writing from the commissioner of water supply, gas and electricity ; nor shall any person leave such a hydrant open for a longer period than shall be limited in the permission or use water for other purposes than shall have been authorized by the commissioner. 2. Obstructing. No person shall in any manner obstruct the use of any fire hydrant, or allow any snow or ice to be thrown or piled upon or around the same, or place, or allow to be placed, any material or thing in front thereof, from the curb line to the center of the street and to within 10 feet from either side thereof. All snow and ice accumulating in the street, within the space hereinbefore mentioned, shall be removed by the owner, lessee, or tenant, of the premises fronting the said space, in the same manner as is prescribed for the keeping clear of the sidewalk. All material or things found obstruct- ing any fire hydrant may be forthwith removed by the officers or employees of the fire department, at the risk, cost and expense, of the owner or claimant. The fire commissioner shall take all proper measures to keep hydrants from freezing, and in proper condition for use at all times. (C. O. § 288, with § 750, Charter.) § 5. Fire-alarm telegraph. — 1. Protection of. The fire-alarm tele- graph system shall not be operated or used except by the fire com- missioner, or officers and employees of the fire department charged with its operation or maintenance or authorized to use it for instruc- tion or drill; provided policemen and citizens may freely operate the same to communicate actual alarms of fire. No person shall use the keys or appliances thereof for communicating a false alarm; nor shall any person experiment or tamper therewith, for any purpose whaU FIRES AND FIRE PREVENTION 221 ever, or have or possess any key thereof, without such authority. No person shall post, paint, impress, or in any way affix to any pole connected with the fire-alarm telegraph, or any box, wire or other appliance connected therewith, any placard, sign, broadside, notice, or announcement of any kind; nor shall any person cut, mutilate, alter, mar, deface, cover, obstruct or interfere with the same in any manner whatsoever; nor paint or cause to be painted, the poles of any other telegraph, or any other poles on the lines thereof, of a similar color or colors, or in imitation thereof, nor consent, allow, or be privy to any of said things being done for them or upon their behalf. 2. Kite flying. No kite shall be flown, raised, or put up in any street adjacent to the lines of said telegraph, or be allowed to become entangled with the wires or apparatus thereof. 3. False alarms. No person shall willfully or desi^edly raise, create or continue a false alarm of fire, or aid, abet or assist in raising, creating or continuing such a false alarm. (Charter, § 729 in part andC.O.§532.) Police officers are specially charged and directed to aid in the enforcement of this section. § 6. Street-flres; permits required . — No person shall kindle, build, maintain or use a fire upon any dock, pier or bulkhead; nor in or upon a street or vacant lot, without a permit from the fire commis- sioner. A permit to kindle, build, maintain and use fire in or upon a public street, for the purpose of conducting a trade or business, may be issued by the fire commissioner upon an application giving such information as may be required by him; but no permit shall be issued to kindle, build, maintain or use fire — (a) Within 15 feet of a fire hydrant; (b) Within2feetof the surface of any stone pavement; (c) On, or within 2 feet of the surface of any asphalt pavement, except for the purpose of repairing, removing or constructing the same. A fire kindled, built and maintained under a permit, issued in conformity with the provisions of this section, shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. § 7. Violations . — Any person who shall violate, or refuse or neg- lect to comply with, any provision of this article shall, upon convic- tion thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 30 days, or by both such fine and im- prisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $50, to be re- covered in a civil action brought in the name of the commissioner. (Adopted from Charter and C. O.) ARTICLE 2 FIRE PREVENTION Sec. 20. Fire-alarm and fire-extinguishing appliances. § 21. Watchmen; interior fire-alarms; diagrams of means of egress. 222 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 22. Fire drills in schools; interference with. § 23. Lights. § 24. Storage of combustible fibres. § 25. Storage of empty wooden packing boxes, cases and barrels. § 26. Smoking. § 27. Barns and stables. § 28. Ashes. § 29. Chimneys and flues. § 30. Violations. Sec. 20. Fire-alarm and fire-extinguishing appliances. — The owners and proprietors of all manufactories, hotels, tenement-houses, apart- ment houses, office buildings, boarding and lodging-houses, ware- houses, stores and offices, theatres and music halls, and the authorities or persons having charge of all hospitals and asylums, and of the public schools and other public buildings, churches and other places where large numbers of persons are congregated for purposes of worship, instruction or amusement, shall provide such means of communicat- ing alarms of fire, accident or danger to the police and fire depart- ments, respectively, as the fire commissioner or the police commis- sioner may prescribe, and shall also provide such fire hose, fire extinguishers, buckets, axes, fire hooks, fire doors and other means of preventing and extinguishing fires as the fire commissioner may di- rect. (The sections in this article are taken chiefly from the Ord. of Dec. 19, 1911; and § 762 charter.) For other regulations, see ch. 3, Amusements, §§ 7, 8, 9, 36; ch. 5, Building Code, arts. 23, 28. Ordinance Dec. 19, 1911, amending § 762. Charter and order of Fire Commis- sioner to install automatic sprinklers, sustained and misdemeanor conviction af- firmed. People V. Kaye, 160 App. Div. 649. Fire extinguishers: order of Fire Commissioner sustained. Waldo v. Christman, 72 Misc. 349. Under § 762 of the Charter an owner of a building although not in possession is liable to a fine or penalty for failure to obey an order of Fire Commissioner as to perforated pipes. Lantry v. Hoffman, 55 Misc. 261, aff’d 124 App. Div. 937. The Fire Commissioner under this section must order specifically the “means” to give alarms of fire, it is not sufficient to give a general order. Hayes v. Bren- nan, 45 Misc. 413. § 21. Watchmen; interior fire-alarms; diagrams of means of egress . — 1. Watchmen. In every building used or occupied as a hotel, lodging- house or public or private hospital or asylum, there shall be employed by the owner or proprietor, or other person having the charge or management thereof, one or more watchmen, whose exclusive duty it shall be to visit every portion of such building, at regular and fre- quent intervals, under rules and regulations to be established by the commissioner, for the purpose of detecting fire or other sources of danger, and giving timely warning thereof to the inmates of the building. There shall be provided a watchman’s clock or other device, to be approved by the commissioner, by means of which the movements of the watchman may be recorded. 2. Interior fire-alarms. In every such building there shall be placed and provided electrical or other alarms and time detectors, to be approved by the commissioner, by means of which the move- ments of the watchman may be recorded and alarms of fire or other danger may be instantly communicated, by means of bells or gongs, to every portion of the building. The fire alarm apparatus and all FIRES AND FIRE PREVENTION 223 other appliances placed or kept within any of said buildings for the purpose of preventing or extinguishing fires, or for affording means of escape therefrom in case of fire, shall be kept at all times in good working order and proper condition for immediate use, and any member of the uniformed force of the fire department may enter any of the said buildings at any time, for the purpose of inspecting such apparatus or appliances. 3. Diagrams of means of egress. In every room in any of the build- ings referred to in this section, there shall be posted a card upon which shall be printed a diagram showing the exits, halls, stairways, elevators and fire-escapes of the building, and, in the halls and passageways, signs shall be posted indicating the location of the stairs and fire-escapes. (Ord. Dec. 19, 1911.) § 22. Fire-drills in schools; interference with. — No person shall drive a vehicle of any kind through a line of children issuing from or returning to a public school during a fire drill, nor interfere, hinder, obstruct or impede in any way whatsoever any such fire drill. (Ord. March 11, 1913.) § 23. Lights. — All lights used in theatres and other places of public amusement, manufactories, stores, hotels, lodging-houses, and in show windows shall be properly protected by gloves or glass cover- ings, or in such other manner as the commissioner shall prescribe. (Ord. Dec. 19, 1911.) §24. Storage of combustible fibres. — 1. Definition. As used in this section, ‘‘combustible fibre means any finely divided vegetable or animal fibre, including paper and cloth, in the form of scraps or clippings; hay; straw; excelsior; dried moss, excepting moss used for medicinal purposes; grasses, and similar substances. 2. Permit required. No person shall store or keep on hand in any building any combustible fibre or material, in excess of 2 tons, with- out a permit from the commissioner. The annual fee for such a permit shall be for quantities of 10 tons or more, $50; over 5 tons and less than 10 tons, $5; over 2 tons and less than 5 tons, $2. 3. Restrictions. No permit shall be issued for such storage in any building or premises — (a) Situated within 50 feet of the nearest wall of a building occupied as a school, hospital, theatre or other place of public amusement or assembly; (b) Occupied as a tenement house, hotel, workshop or factory; (c) Of wooden construction, except in sparsely populated districts, where it shall be in the discretion of the commissioner; (d) Which is not equipped with a fire extinguishing system, ap- proved by the fire commissioner; (e) Where paints, varnishes, or lacquers are manufactured, stored or kept for sale; (f) Where dry goods, or other highly inflammable materials are manufactured, stored or kept for sale; (g) Where matches, rosin, turpentine or any explosives are stored or kept. 4. Weight limit. No person shall store upon any floor of a building any combustible fibre exceeding in weight one-third of the asfe bearing capacity of such floor, as certified to by the bureau of build- ings having jurisdiction; or covering, when baled, more than two- 224 CODE OF ORDINANCES OF THE CITY OF NEW YORK thirds of the floor space of such floor, and no such material shall be piled to a greater height than two-thirds of the distance from the floor to the ceiling. 5. Exemption. A person who holds a permit, issued under chap- ter 10 of this ordinance, for a business to which the use of combustible fibres is an incident shall not be required to obtain an additional permit under the provisions of this article. § 25. Storage of empty wooden packing boxes, cases and barrels. — 1. Permit required. No person shall store in any building, shed, inclosure or other structure any empty wooden packing boxes, cases or barrels in a quantity occupying a space greater than 2,000 cubic feet, without a permit from the commissioner. The annual fee for such a permit shall be $5. 2. Restrictions. No permit shall be issued for the storage of empty wooden packing boxes, cases or barrels in any shed, inclosure or other structure. (a) Which is not substantially built of brick, concrete or other fire resisting material, to a height not exceeding 18 feet above the street level, and fitted with self-closing fireproof doors; (b) Which is situated within 50 feet of the nearest wall or a building occupied as a hospital, school, theatre or other place of public amuse- ment or assembly; 3. Limitations. No person shall pile empty wooden packing boxes, cases or barrels to a height greater thari 6 inches below the top of the inclosing wall, required by subdivision 2 of this section, nor shall any person pile or stack empty wooden packing boxes, cases or barrefe within 4 feet of any window in an adjoining building. (Mun. Expl. Reg.) § 26. Smoking. — No person shall smoke or carry a lighted cigar, cigarette, pipe or match within any room, enclosed space, ceUar, basement, or in any part of any premises in which any highly com- bustible or inflammable material is manufactured, stored or kept for use or sale. Offices, not containing highly combustible or inflam- mable material, and separated from the other parts of said places or premises by a tight partition or a self-closing door, shall be exempt from this prohibition. (Mun. Expl. Reg.) § 27. Barns and stables. — No person shall take into or use in any barn or stable any lighted candle, oil or fluid lamp, or any burning light of any kind whatsoever, unless the same be inclosed and secured in a good glass, horn or other lantern. (Brookl. Ord. § 25.) § 2^8. Ashes. — No person shall deposit ashes on the wooden floor of any building, nor in any barrel, or box, or other wooden vessel standing on any such floor, nor place any such barrel, box, or other vessel containing ashes, upon any such floor. (Brookl. Ord. § 26.) § 29. Chimneys and flues. — If any chimney, stove-pipe, or flue shall take fire, the owner of the building or premises to which such chimney, stove-pipe, or flue appertains shall forfeit the sum of $5, except that, where a tenant occupies the entire building or premises, the tenant and not the owner of the building shall forfeit the said sum. (Charter, § 760.) § 30. Violations. — Except as otherwise provided in this article, any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon conviction thereof, be pun- FIRES AND FIRE PREVENTION 225 ished by a fine of not more than $500, or by imprisonment not exceeding 6 months, or by both such fine and imprisonment; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of $250, to be recovered in a civil action brought in the name of the commissioner. (New, Penal Law, § 1937, Charter, § 773.) 15 226 CODE OF ORDINANCES OP THE CITY OP NEW YORK CHAPTER 18 Hospitals Article 1. General provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Emergency cases. § 2. Incurables; deaths. § 3. Insane, temporary care. § 4. Non-residents, treatment. Sec. 1. Emergency cases. — Any person injured or taken sick in the street or in any public place, who may not be safely removed to his or her home, may be sent to and shall be received by any pubhc hospital, for temporary care and treatment, irrespective of his or her place of residence. (Charter, § 692.) § 2. Incurables; deaths. — Whenever any sick person in any public hospital shall, in the judgment of the board or officer having juris- diction thereof, cease to be a proper case for treatment therein, such person shall be transferred to the care, custody and control of the commissioner of public charities, who shall forthwith receive and care for such person. In case any sick person under treatment in any public hospital, not under the control of the department of public charities, shall die, the officer in charge of such hospital may call upon the commissioner of public charities to receive and remove the body of such person, and the commissioner shall forthwith re- ceive and remove the same for burial, or other proper disposition. The cost and expense of such reception, removal, burial, or other proper disposition shall be borne and paid by the department of public charities. (Charter, § 692.) § 3. Insane; temporary care. — There shall be provided and main- tained in every public hospital suitable wards or rooms for the ex- amination and temporary care of persons alleged to be insane. (Char- ter, §§ 670, 672.) § 4. N on-residents; treatment. — Persons who do not reside in the city may be received and treated in any public hospital; provided the person so received shall be required to pay such sum for board and attendance as may be fixed by the board or officer in charge of the hospital, but no such person shall be received to the exclusion of residents of the city. The board or officer in charge of a hospital, receiving non-resident patients, shall collect and pay over all such moneys to the chamberlain once every month. The board or officer, upon receiving such payments, shall report the same to the comp- troller, and the amounts so collected shall be paid into the general fund. (Charter, § 678, subd. 8, § 692.) UCENSBl 227 CHAPTER 14 Licenses Article 1. 2 . 3. 4 . 5 . 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. General provisions. Billiard and pool tables. Bowling alleys. Dealers in second-hand articles. Dirt carts. Expresses and expressmen. Exterior hoists. Hacks, cabs and taxicabs. Junk dealers. Peddlers, hawkers and venders. Public carts and cartmen. Public porters. Shooting galleries. Street musicians. Weighers of hay. This chapter conforms to ch. 475, L. 1914, amending §§ 640-641 of the Charter, which abolished the old Bureau of Licenses established by Ord., Feb. 8, 1898. That Bureau was the successor by various enactments of the old “Bureau of Per- mits,” sec. 1 of ord. app. Feb. 2, 1886, as limited by chap. 412, Laws of 1895. The tendency has been to make laws uniform throughout the entire city, and to con- centrate into one bureau the issuing of all licenses. By the City Ordinances, 1859, all licenses were issued by the Mayor and separate chapters cover the different subject-matters, such as Coaches and Cabs, Pawnbrokers, Dealers in Second-Hand Articles and Keepers of Junk Shops, etc., which are now included in one chapter. When the ordinances were revised in 1880 a Bureau of Permits was established. (R. O. 1880, art. XXX.) The general powers were further extended by L. 1887, chap. 417, and L. 1888, chap. 115, and L. 1896, chap. 36, where the Board of Aider- men, although forbidden to allow obstructions in the streets or sidewalks, was expressly allowed to grant permits for “stands within the stoop-lines” for certain purposes. See sec. 50, Greater New York Charter, and notes under streets, ch. 23. ARTICLE 1 GENERAL PROVISIONS Sec. 1. When required. § 2. Licensees must be citizens. § 3. How issued. § 4. Registration of licenses; deposit of fees. § 5. Suspension and revocation of licenses. § 6. Duties of licensees. § 7. Inspections. Sec. 1. When required . — In addition to the businesses, places, trades, occupations and things required to be licensed by statute or by other chapters of this code, the following must be duly li- censed as herein provided, namely: a — Billiard and pool tables; b — Bowling alleys; 228 CODE OF ORDINANCES OF THE CITY OP NEW YORK c — Dealers in second-hand articles; d — Dirt carts; e — Drivers or chauffeurs of hacks, cabs, taxicabs and expresset; f — Expresses and expressmen; g — Exterior hoists; h — Hacks, cabs and taxicabs; i — Hand organs; j — Itinerant musicians; k — Junk dealers; 1 — Peddlers, hawkers and venders; m — Public carts and cartmen; n — Public porters; o — Shooting galleries; p — Street musicians; q — Stands within stoop lines and under the stairs of elevated or subway stations; r — Weighers of hay. No person shall engage in, or carry on any business, trade or occupation, or maintain any place or thing specified in this section without a license therefor. This article is based on the Ord. of May 22, 1899. See specific articles, infra, covering specific cases. There can be no doubt of the general power of a municipal corporation to regu- late and control the occupations referred to. The courts have even gone so far as to hold that where a license is required of a business, one who engages in that business without a license may not recover the value of goods sold or services ren- dered. Ferdon v. Cunningham, 20 How. Pr. 154; Best v. Bauder, 29 How. Pr. 489; but, see Miller v. Burke, 6 Daly, 171, affd. 68 N. Y. 615; see cases under specific subjects, infra. The power of a municipality to license certain employments is wholly derived from the legislature and must be exercised within such authority, and fees must be reasonable. People v. Jarvis, 19 App. Div. 466. For Common Shows, and Motion Picture Exhibitions see Amusements and Ex- hibitions, ch. 3, arts. 2 and 3. Act requiring dancing academies in N. Y. City to be licensed declared uncon- stitutional. People ex rel, Duryea v. Wilbur, 198 N. Y. 1, but see L. 1910, ch. 547. Pawnbrokers and Employment agencies are governed by the General Business Law. § 2. Licenstes must be citizens. — No person shall be licensed under any provision of this chapter or of chapter 3 of this ordinance, ex- cept a citizen of the United States, or one who has regularly declared his intention to become a citizen. (C. O. § 307.) But a city ordinance forbidding non-residents engaging in business without a license is unconstitutional. City of Watertown v. Rosenbaugh, 112 App. Div. 723. § 3. How issued. — All applications for licenses shall be made to the commissioner of licenses in such form and detail, as he shall prescribe. All licenses shall be issued on established forms, which shall be printed in book form with corresponding stubs. They shall be consecutively numbered, with suitable blank spaces for writing in the name and residence of licensee, the kind and class of license granted, the location and privileges allowed and the amount of fee paid. All licenses shall be granted for a term of one year from the date thereof, unless sooner suspended or revoked, or otherwise specifically provided by law or ordinance. (C. O., §§ 302, 303, 307.) § 4. Registration of licenses; deposit of fees— All licenses shall be duly classified and recorded in suitable registers and fully indexed. There shall be kept in the principal office of the department and LICENSES 229 in each and every branch office thereof, a book for recording con- secutively, day by day, each license issued, showing its kind and class, whether new or renewal, name of licensee, regular number of blank form and amount of fee received therefor. A daily report showing all of the above details shall be made by each branch office to the principal office of the department. There shall also be kept in the principal office of the department a book showing a statement of all licenses issued, and fees received by the department and its branches, tabulated by days, months and quarters of the year, and compiled annually. Each register of licenses shall be a public record, and extracts therefrom may be certified by the commissioner of licenses, or a deputy commissioner or assistant in charge of a branch office of the department, for use as evidence. All moneys received as license fees shall be duly deposited in a designated city depository the day following their receipt. (Ord. June 29, 1914.) Payment of a fee voluntarily by mistake cannot be recovered. Heberon v. New York, 78 Misc. 653. § 5. Suspension and revocation of licenses. — The commissioner of licenses is empowered to hear and determine complaints against licensees, and to suspend or revoke any license or permit issued by him, under any provision of this ordinance. The commissioner when investigating any matters pertaining to the granting, issuing, transferring, renewing, revoking, suspending or canceling of any license, is hereby authorized in his discretion to take such testimony as may be necessary on which to base official action. When taking such testimony he may subpoena witnesses and also direct the pro- duction before him of necessary and material books and papers. The commissioner may, in his discretion, delegate to the deputy commissioners of licenses, to the chief of the division of licensed vehicles and the chief of the Brooklyn office of the department the power and duty of taking testimony, and the said officials when so delegated may subpoena witnesses, book and papers with the same force and effect as if subpoenaed by the commissioner. The said delegated officials shall have the testimony taken before them re- duced to writing and transmit the same to the commissioner for final action. The commissioner or a deputy commissioner of licenses, the chief of the division of licensed vehicles or the chief of the Brooklyn office of the department shall have power to hear and determine complaints against licensees hereunder and impose a fine of not more than S5, or less than $1, for any violation of the provisions of this chapter, and each of such officers shall have power to suspend a license pending the payment of such fine. All such fines when collected shall be paid into the Sinking Fund for the Redemption of the City Debt. (Ord. June 29, 1914.) § 6. Duties of licensees. — 1. General. Every person holding a license issued under any provisions of this chapter shall exhibit the same upon demand of any person, and shall report to the de- partment any change of residence or place of business, within 3 days of such change. A licensee shall at all times render any public services within scope of his license when called upon, unless actually unable so to do. 2. Badges. Every licensed hackman, whenever with a hack or waiting for employment anywhere in the city, every licensed peddler 230 CODE OP ORDINANCES OF THE CITY OF NEW YORK while peddling, and every person while using a licensed junk cart or boat, shall wear conspicuously on the right breast of the outer coat a metal badge of the shape, size and style prescribed by the commissioner of licenses, having engraved or embossed thereon the official designation and nuipber of the license, together with the words ^^New York City/^ 3. Licensed vehicles ^ designation of. All words, letters and numbers, hereinafter prescribed for licensed vehicles, shall be shown per- manently and conspicuously on each outside thereof in colors con- trasting strongly with background, and not less than 2 inches high, as directed or approved by the commissioner of licenses, and shall be kept legible and plainly visible at all times during the term of the license; and shall be obliterated or erased upon change of owner- ship or expiration of the license; and no person shall have or use any vehicle with words, letters or number thereon like those herein prescribed for licensed vehicles without being duly licensed therefor. (Ord. July 7, 1914.) § 7. Inspections. — All licensed vehicles or places of business shall be regularly inspected. The result of each inspection shall be en- dorsed on the license therefor, together with the date of the inspec- tion and the signature of the inspector. A report of all inspection shall be regularly reported to the commissioner of licepses. (Ord. July 7, 1914.) ARTICLE 2 BILLIARD AND POOL TABLES Sec. 20. General provisions. § 21. License fee. § 20. General provisions. — Any pool or billiard table in a place open to the public shall be deemed to be included within the terms of this ordinance, and every keeper of a public place where there are pool or billiard tables shall maintain good order and allow no persons under 16 years of age to play therein. (C. O. § 355.) § 21. License fee. — The annual license fee for each public billiard or pool table shall be $3. (C. O. § 307.) ARTICLE 3 BOWLING ALLEYS Sec. 30. General provisions. §31. License fee. Sec. 30. Any bowling alley in a place open to the public shall be deemed to be included within the terms of this ordinance, and every keeper of a public bowling alley shall maintain good order and allow no person under 16 years of age to bowl therein. (C. O. § 354.) § 31. License fee. — The annual license fee for each public bowling alley shall be $5. (C. O. § 307.) LICENSES 231 ARTICLE 4 DEALERS IN SECOND-HAND ARTICLES Sec. 40. Definition. § 41. License, fee and bond. § 42. Regular purchases. § 43. Restrictions. § 44. Lost or stolen property to be advertised. § 40. Definition. — Any one dealing in the purchase and sale of second-hand furniture, machinery, jewelry, clothes or other articles shall be deemed to be a dealer in second-hand articles. (C. O. § 341 .) Such an ordinance should be strictly construed as it limits persons in gaining a livelihood. Where a person who kept a book shop sold second-hand books as an incident thereto, held in Illinois not to be a dealer “in second-hand goods.” East- man V. Chicago, 79 111. 178. § 41. License, fee and bond. — The annual license fee for each dealer in second-hand articles shall be $25, and every such dealer shall give a bond to the city, with sufficient surety, to be approved by the commissioner of licenses, in the penal sum of $100, conditioned for the due observance of the provisions of law or ordinance relating to such dealers. (C. O. §§ 307, 340.) § 42. Record of 'purchases. — Every dealer in second-hand articles shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of the purchase, and this book shall at all reasonable times be open to the inspection of any police officer, to the commissioner of licenses or any inspector of licenses, or any magistrate of the city, or any person, duly authorized in writing for such purpose by the commissioner or any magistrate, who shall ex- hibit such written authority to the dealer. (C. O. § 342.) § 43. Restrictions. — 1. Place, expired licenses. No dealer in second- hand articles shall carry on business at any other place than the one designated in his license, nor shall he continue to carry on business after his license is suspended, revoked, or expired. 2. Prohibited persons and hours. No dealer in second-hand articles shall purchase any goods, articles or things whatsoever from any minor, apprentice, or servant, knowing or having reason to believe the person to be such, or from any person or persons whatsoever, between the setting of the sun and the hour of 7 o’clock in the morn- ing. 3. Sales by dealers. No article or thing, except wooden furniture, stoves and kitchen utensils purchased in the way of business, shall be sold or disposed of by any dealer in second-hand articles until the expiration of one month after such purchase, and no such dealer shall receive any article by way of pledge or pawn. 4. Not to be pawnbroker or junk dealer. No dealer in second-hand articles, while licensed as such, shall be licensed as pawnbroker or junk dealer. (C. O. §§ 343, 344, 346.) § 44. Lost or stolen property to be advertised. — If any goods, articles or things whatsoever, shall be advertised in any newspaper printed 232 CODE OF ORDINANCES OF THE CITY OF NEW YORK in the city as having been lost or stolen, and if the same, or any such answering to the description advertised, or any part thereof, shall be or come in the possession of any dealer in second-hand articles, such dealer shall give information thereof in writing to the police commissioner stating from whom the same was received. Every dealer in second-hand articles who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to any police officer, or to the commissioner or any inspector of hcenses, or any magistrate of the city, or any person, duly authorized in writing for such purpose by the commissioner of licenses or any magistrate, who shall exhibit such written authority to the dealer. (C. O. § 345.) ARTICLE 5 DIRT CARTS Sec. 50. Definition; construction of carts. §51. License fee; designation. Sec. 50. Definition; construction of carts . — Every vehicle of what- ever description, excepting such as shall have painted thereon, on each side, the name and address of the owner thereof in plain letters and figures of at least 3 inches in length, used in carting or transport- ing dirt, sand, gravel, clay, paving stones, ashes, garbage or building rubbish within the city shall be deemed a dirt cart. Every such vehicle of whatever description, whether or not described as a dirt cart, shall be furnished with a good and tight box, whereof the sides, forepart and tailboard shall be at least 18 inches high, and of sufficient capacity to contain not less than 12 cubic feet and shall be securely covered when loaded, so as to prevent the contents from being scattered upon the streets. (C. O. § 356.) § 51. License fee; designation . — The annual license fee for each dirt cart shall be $1. Every licensed dirt cart shall show on each outside thereof the words ‘^Dirt Cart” or the letters “D. C.” together with the figures of its official number. (C. O. §§ 308, 357.) ARTICLE 6 EXPRESSES AND EXPRESSMEN Sec. 60. Definition. § 61. License fee; designation. § 62. Licensed drivers required. § 63. Proprietors bond. § 64. Charges. Sec. 60. Definition . — Every vehicle of whatever construction, kept or used for the conveyance of baggage, packages, parcels and other articles within or through the city for pay, shall be deemed a public express, and the owner thereof shall be deemed a public expressman. LICENSES 233 The term expressman shall be deemed to include any common carrier of baggage, packages, parcels or other articles within or through the city. (C. O. § 330.) § 61. License fee; designation . — The annual fee for each vehicle used as a public express shall be $5. Every such vehicle shall show on the exterior of either side thereof the word ^‘Express,” or the abbreviation ^‘Exp.,” with the number of its license. (C. O. §§ 307, 331.) § 62. Licensed drivers required . — Every person driving a licensed express shall be licensed as such, and shall pay an annual license fee of $1. Every application for an express driver’s license shall be endorsed, in writing, by two reputable residents of the city, testifying to the competence of the applicant. No owner of a public express shall employ an unlicensed driver under a penalty of $10 for each offense. (C. 0. § 315.) § 63. Proprietor's bond . — Every owner of a public express shall give a bond to the city, for each and every vehicle licensed, in a penal sum of $100, with sufficient surety, approved by the commissioner, conditioned for the safe and prompt delivery of all baggage, packages, parcels and other articles or things entrusted to the owner or driver of any such licensed express. (C. O. § 332.) § 64. Charges . — The legal rates for regular deliveries, unless other- wise mutually agreed, shall be as follows in the city: 1. Between points within any borough — Not more than 5 miles apart, each piece $0 40 Not more than 10 miles apart, each piece 55 Not more than 15 miles apart, each piece 75 2. Between points in different boroughs: One-half the above rates in addition. 3. Special deliveries: At rates to be mutually agreed upon. ( C. O. § 333.) ARTICLE 7 EXTERIOR HOISTS Sec. 70. Licenses; fees. § 71. ‘^Danger” sign. Sec. 70. Licenses; fees . — No person shall hoist anything whatso- ever, on the outside of a building from the street, into any loft or lower anything on the outside thereof, by any means, without a license therefor and giving an indemnity bond to the city, with sufficient surety, approved by the commissioner. Anyone generally engaged in such a business shall take out a general license, and any- one so hoisting in front of certain premises only shall take out a special license therefor. The annual fee for a general hoisting license shall be $25. The fee for a special hoisting license shall be $1. (C. 0. §§ 307, 358, 359.) § 71. Danger sign . — The holder of a general or special hoisting license, while engaged in such hoisting or lowering over any sidewalk, roadway or public place, shall give warning thereof by 2 signs dis- playing the word “Danger,” in letters at least 6 inches long, which 234 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall be conspicuously placed at a safe distance on either side of the place where the hoisting is being done. (C. O. § 360.) ARTICLE 8 HACKS, CABS AND TAXICABS Sec. 80. Definitions. § 81. Exemptions. § 82. Jurisdiction. § 83. License for vehicle, application for. § 84. Inspection before licensing vehicle. § 85. License card and plate. § 86. Fees for licensing vehicles; refunds. § 87. Register of licensed vehicles. § 88. Inspection of licensed hacks. § 89. Suspension and revocation of hack licenses. § 90. Drivers^ licenses; applications for. § 91. Examination of drivers. § 92. Photograph of driver. § 93. Form and term of drivers^ licenses. § 94. Driver’s badge. § 95. Renewal of drivers’ licenses. § 96. Fees for drivers’ licenses. § 97. Suspension or revocation of drivers’ licenses. § 98. Record of drivers’ licenses. § 99. Hack stands. § 100. Regulation of hacks at stands. § 101. Taximeters. § 102. Rates of fare. § 103. Prepayment of fare. § 104. Disputed fares. § 105. Over-charge. § 106. Cruising”; soliciting. § 107. Articles found in hacks. § 108. Public garages. § 109. Violations. This article is taken from the Ord. of June 2, 1913, which was held valid in Yellow Taxicab Co. v. Gaynor, 82 Misc. 94, aff’d 159 App. Div. 893; followed 144 Supp. 300. Sec. 80. Definitions. — Unless otherwise expressly stated, whenever used in this article, the following terms shall respectively be deemed to mean: 1. Public hacky a vehicle plying for hire, for which public patron- age is solicited upon the streets; 2. Cab, a public hack so designed and constructed as comfortably to seat in the opinion of the commissioner of licenses not more than two persons inside thereof; 3. Coach, a public hack so designed and constructed as comfort- ably to seat in the opinion of the commissioner of licenses 4 or more persons inside thereof ; LICENSES 235 4. Sightseeing car^ a motor-driven vehicle designed to carry 7 or more persons from a fixed locality to points of interests about the city. 5. Taximeter^ a mechanical instrument or device by which the charge for hire of a public hack is mechanically calculated, either for distance traveled or for waiting time, or for both, and upon which such charge shall be indicated by means of figures; 6. Little taxicab y a cab driven by mechanical power on which a taximeter is affixed; 7. Taxicab, a coach driven by mechanical power on which a taxi- meter is affixed. Any vehicle that has a taximeter affixed and uses the streets of the city for the purpose of carrying passengers for hire, shall be deemed a public hack and must be licensed under this article. (Ord. June 2, 1913.) The last paragraph of this section was an amendment passed Dec. 15, 1914, and is in litigation. See Cohahan, J., in Mason-Seaman Transp. Co. v. Mitchell, Sup. Ct. N. Y. Law Journal, Feb. 10, 1915. Hotel omnibus conveying guests of a hotel to and from station free of charge is not a “public conveyance.” City of Oswego v. Collins, 38 Hun, 171. § 81. Exemptions. — This article shall not apply to any omni- bus running by authority of any ordinance, law, or permit upon a fixed route through the city. (Ord. June 2, 1913.) § 82. Jurisdiction. — The licensing and inspecting of public hacks, the inspecting and sealing of taximeters, the examining of applicants for licenses to drive such public hacks, and the licensing of drivers, as hereinafter provided in this article, and the enforcing of the pro- visions of this article, shall be under the control of the commissioner of licenses. The commissioner is hereby empowered to appoint such inspectors as may be found necessary to carry out the provisions of this article, who shall be paid such compensation as shall be fixed by law. (Ord. June 2, 1913.) The powers vested here in the Commissioner of Licenses, were formerly vested in the Mayer and the Bureau of Licenses, which was under his immediate control. The power of the Mayor to license vehicles in general is discretionary, as the object of the ordinance is not so much to raise a tax as to preserve good order. People V. Mayor, etc., of New York, 7 How. Pr. 81. No permit could be granted for hacks to stand in front of private property, or other than general public hack stands, without the consent of the owner of the property affected. McCaffrey v. Smith (Village of Saratoga), 41 Hun, 117. But where the owner consents and there is no nuisance created hackmen may reasonably use the public highway (Holland House and Waldorf). People ex rel. Thompson v. Brookfield, 6 App. Div. 398. And a party having a special license to stand in front of a restaurant and hotel (Rector’s) may enjoin others from using it as a hack stand. Odell v. Bretney, 62 App. Div. 595, 93 App. Div. 607. But to justify issuing such a special license there must be a special necessity for its issuance. Odell v. Bretney, 38 Misc. 603. Where a livery stable keeper in New Jersey sends cabs to Brooklyn to meet transatlantic steamers no license is required. City of New York v. Hexamer, 59 App. Div. 4. A hackman has no power to carry on his business in the public streets where it is forbidden. People v. Commissioner of Saratoga Springs, 90 App. Div. 555. The “special licenses” formerly granted were abolished. Odell v. Bretney, dist.; Hef- feron v. N. Y. Taxicab Co., 146 App. Div. 311. § 83. License for vehicle, application for. — No public hack shall ply for hire upon the streets of the city without first obtaining a license from the commissioner. Such licenses shall be issued as of February 1, and shall expire on the January 31, next succeeding, unless sooner suspended or revoked by the commissioner. Appli- cations for licenses for public hacks shall be made by the owner upon blank forms to be furnished by the department of licenses, and such applications shall contain the full name and address of the owner. 286 CODE OF ORDINANCES OF THE CITY OF NEW YORK the class of the vehicle for which the license is desired, the length of time the vehicle has been in use, the number of persons it is capable of carrying, and, if a motor-driven vehicle, the motor power thereof. (Ord. June 2, 1913.) A cab with flag up is *' plying for hire ” and must be licensed. People v. Milne, 86 Misc. 417. § 84. Inspection before licensing vehicle. — No vehicle shall be li- censed until it has been thoroughly and carefully inspected and ex- amined, and found to be in thoroughly safe condition for the trans- portation of passengers; clean, fit, of good appearance, and well painted and varnished. The commissioner shall make, or have made, by his deputies or inspectors, such examination and inspection before issuing a license. The commissioner shall refuse a license to, or if already issued, revoke or suspend the license of any vehicle found by him to be unfit or unsuited for public patronage. He shall examine any taximeter attached to any public hack and see that the same is accurate before issuing a license to the hack. The commissioner is hereby authorized and empowered to estab- lish reasonable rules and regulations for the inspection of public hacks and their appurtenances, construction, and condition or fitness. (Ord. June 2, 1913.) § 85. License card and plate. — If, upon inspection, a public hack is found to be of lawful construction and in proper condition, in accordance with the provisions of this article and the rules and regulations established hereunder, and upon payment of the license fees hereinafter set forth, the same shall be licensed, by delivering to the owner a card of such size and form as may be prescribed by the commissioner. The card shall contain the official license number of the hack, together with the date of inspection of the same, and a statement to the effect that, in case of any complaint, the commis- sioner shall be notified, giving the license number of the hack. Such card shall be signed by the commissioner or his deputy, and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the inspector. License cards shall be of a distinctly different color each year, and, in the case of public hacks driven by mechanical power, the license number as- signed hereunder shall, in each case, be the same as that assigned to the vehicle for that year, pursuant to law. The commissioner, or a duly authorized subordinate, shall also affix, to a conspicuous and indispensable part of each public hack, a small plate not exceeding 6 inches in diameter, which shall bear the license number of the ve- hicle. The design of such plates shall be changed annually. (Ord. June 2, 1913.) §86. Fees for licensing vehicles; refunds. — 1. Schedide. The follow- ing license fees shall be paid: For each cab $5 00 For each coach and each sightseeing car 10 00 Such license fees shall be in lieu of, and not in addition to, any fees heretofore established, and except as above provided no charge shall be made. In the case of licenses issued on or after August I, in each year hereafter, one-half only of the above fees shall be paid. 2. Refunds. The comptroller is hereby authorized to make a pro rata refund to the holders of licenses the operation of which said LICENSES 237 licenses was superseded by the new licenses issued under the public hack ordinance that became effective August 1, 1913. Applications for refund under this provision shall first be presented in writing to the commissioner of licenses, together with the original license superseded by the new license or satisfactory evidence that the old license has been lost or destroyed, and no refund shall be made in any case that the commissioner shall not first certify to the comptroller that the applicant has paid the fee prescribed by law prior to Au- gust 1, 1913, and that a certain specified part of the term of the license had not expired on said August 1, 1913. Refunds under this provision shall be made by the comptroller from the Sinking Fund for the Redemption of City Debt No. 1, when authorized by resolu- tion of the commissioners of the sinking fund. (Ord. July 14, 1914.) § 87. Register of licensed vehicles. — The commissioner shall keep a register of the name of each person owning or operating a vehicle licensed under this article, together with the license number and the description, make and necessary dimensions of such vehicle, with the date and complete record of inspections made of it. Such records shall be open to the inspection of the public at all reasonable times, and shall be public records, extracts of which may be certified, for use as evidence, by the commissioner or one of his deputies. (Ord. June 3, 1913.) § 88. Inspection of licensed hacks. — The commissioner shall main- tain constant vigilance over all public hacks, to see that they are kept in a condition of continued fitness for public use, and, to this end, the commissioner through his deputies and inspectors, shall inspect all public hacks, from time to time, or on the complaint of any citizen, as often as may be necessary. Reports in writing of all inspections shall promptly be made to the commissioner. (Ord. June 2, 1913.) § 89. Suspension and revocation of hack licenses. — Licenses, granted under this article, may be revoked or suspended at any time by the commissioner if the vehicle shall not be in good condition and appear- ance, clean and safe; and, in case of horse-drawn vehicles, if the horse or horses are unfit for use. Licenses when so suspended or revoked shall not be reissued until the vehicle and all its appurte- nances shall be put in fit condition for use by the public, to the satisfaction of the commissioner. (Ord. June 2, 1913.) § 90. Drivers' licenses; applications for. — Every person driving a public hack must be licensed as such. Each applicant for a driver^s license must — (a) Be of the age of 21 years or over; (b) Be of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind which might render him unfit for the safe operation of a public hack; (c) Be able to read and write the English language; (d) Be clean in dress and person and not be addicted to the use of intoxicating liquors; (e) Produce, on forms to be provided by the department, affidavits of his good character from two reputable citizens of the city who have known him personally and observed his conduct during one year next preceding the date of his application, and a further testimonial. 238 CODE OF ORDINANCES OF THE CITY OF NEW YORK on a form provided for that purpose, from his last employer, unless, in the estimation of the commissioner, sufficient reason is given for its omission ; (f) Fill out, upon a blank form to be provided by the department, a statement giving his full name, residence, places of residence for 5 years previous to moving to his present address, age, color, height, color df eyes and hair, place of birth, length of time he has resided in the city, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been convicted of a felony or a misdemeanor, whether he has been sum- moned to court, whether he has previously been licensed as a driver or chauffeur, and if so, whether his license has ever been revoked, and for what cause, which statement shall be signed and sworn to by the applicant and filed in the department, as a permanent record. Any false statement made by applicant for a license shall be promptly reported by the commissioner to the district attorney of the county in which the application was made. The commissioner is hereby authorized and empowered to estab- lish such additional rules and regulations governing the issue of drivers’ licenses, not inconsistent herewith, as may be necessary and reasonable. (Ord. June 2, 1913.) § 91. Examination of drivers. — Each applicant for driver’s license under the provisions of this article shall be examined, by a person designated by the commissioner, as to his knowledge of the provi- sions of this article, the traffic regulations, and the geography of the city, and, if the result of the examination be unsatisfactory, he shall be refused a license. Each such applicant must, if required by the commissioner, demonstrate his skill and ability to safely handle his vehicle, by driving it through a crowded section of the city, accompanied by an inspector of the department. (Ord. June 2, 1913.) § 92. Photograph of driver. — Each applicant for a driver’s license must file with his application 2 recent photographs of himself, of a size which may be easily attached to his license, one of which shall be attached to the license when issued, the other shall be filed with the application in the department. The photograph shall be so attached to the license that it camiot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand of an inspector of licenses, a policeman, or a passenger exhibit his license and photograph for inspection. Where the applica- tion for a license is denied, the photograph shall be returned to the applicant by the department. (Ord. June 2, 1913.) § 93. Form and terms of drivers license. — Upon satisfactory ful- fillment of the foregoing requirements, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and signature of the licensee, and blank spaces upon which a record may be made of any arrest of or serious complaint against him. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revoca- tion of his license. Drivers’ licenses shall be issued as of February 1, in each and every year, and shall be valid to and including the 31st day of January next succeeding. (Ord. June 2, 1913.) § 94. Drivers badge. — There shall be delivered to each licensed LICENSES 239 driver a metal badge, of such form and style as the commissioner may prescribe, with his license number thereon, which must, under penalty of revocation of the license, be constantly and conspicuousl}" displayed on the outside of the driver^s coat when he is engaged in his employment. (Ord. June 2, 1913.) § 95. Renewal of drivers' licenses. — The commissioner may renew a driver’s license, from year to year, by appropriate endorsement thereon. A driver in applying for a renewal of his license shall make such application, upon a form to be furnished by the depart- ment, entitled “Application for Renewal of License,” which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which his original license was granted and the number thereof. (Ord. June 2, 1913.) § 96. Fees for drivers' licenses. — The following license fees shall be paid for drivers’ licenses: For each original license, $1; for each renewal thereof, 50 cents. (Ord. June 2, 1913.) § 97. Suspension or revocation of drivers' licenses. — Drivers’ li- censes may be suspended or revoked at any time by the mayor, the commissioner or any city magistrate. Any such suspension shall be noted on the license, together with a statement of the reasons therefor, and the driver shall be deprived of his badge by the official suspending or revoking such license. When the license is suspended or revoked by an official other than the commissioner, the driver’s badge and a note of the revocation or suspension shall be forthwith forwarded to the commissioner; the badge to be returned at the ex- piration of the period for which the license was suspended. A second suspension for the same reason, or, in any case, a third suspension of a driver’s license, shall revoke the license. No driver whose license has been revoked shall again be licensed as a public hack driver in the city. Whenever a license is suspended or revoked by a city magistrate, notice of such revocation, with the cause thereof, shall be forwarded to the commissioner. The commissioner shall notify the police department whenever such a license is revoked. (Ord. June 2, 1913.) §98. Record of drivers' licenses. — There shall be kept in the de- partment a complete record of each license issued to a driver, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application of the driver for a license. (Ord. June 2, 1913.) § 99. Hack stands. — 1. Former stands abolished. All public hack stands heretofore designated by the board of aldermen are hereby abolished. All special hack stands are hereby abolished and licenses for the same shall not be issued hereafter. 2. Designation of stands. The commissioner is hereby authorized to locate and designate, as public hack stands, the space alongside the curb adjacent to property used as public parks, public buildings, railroad stations, steamship and ferry landings, hotels, restaurants, theatres, and the centre of any street where the roadway, exclusive of the sidewalk, is 30 feet in width or more. The commissioner may also designate the space beside the curb, adjacent to subway entrances and elevated railway steps, as stands for a limited num- ber of public hacks. The commissioner shall further designate the number of such public hacks that shall be allowed to stand at 240 CODE OF ORDINANCES OF THE CITY OF NEW YORK any of the places designated by him, and the department shall pro- vide a metal sign, which shall be attached to a post or stanchion adjacent to the said stand, and on which sign shall be placed the number and kind of vehicles allowed on that particular hack stand. Owners of any property may apply to the commissioner for the establishment of a public hack stand, adjacent to their premises, stating in said application the number of public hacks they desire to come on said stand, and also the kind of locomotion to be used, whether gasoline, electric motor or horses. Such application shall be granted solely in the discretion of the commissioner, and may be revoked by him at any time. There shall be delivered to the owner of the property making such application a metal sign, to be fixed to a stanchion on the curb or other conspicuous place, setting forth the kinds of public hacks and the number thereof that will be allowed on said stand. 3. Restriction, The commissioner may not establish a public hack stand in the centre of any street, opposite to the premises where the owner has appHed for and received the permit last above mentioned, during the time such permit is in operation. (Ord. June 2, 1913.) The special hack stands abolished in Subd. 1 were held legal in City of N. Y. v. Reesing, 38 Misc. 129, aff’d, 77 App. Div. 417. Power to designate stands must be used with discretion, cannot authorize creation of a private nuisance. Masterson V. Short, 35 How. Pr. 169. As to hack stands see notes in 14 L. R. A. 557; 25 L. R. A. (N. S.) 403; 33 L. R. A. (N. S.) 471. § 100. Regulation of hacks at stands . — Only public hacks, in such numbers and of such kinds as are set forth on the metal sign, may remain at the stand while waiting for employment, and only in single file, pointed in accordance with the traflSc regulations. No public hack standing at the head of any such line shall refuse to carry any orderly person applying for a hack, who agrees to pay the proper rate of fare; but this shall not prevent any person from selecting any hack he may desire on the stand, whether it be at the head of the line or not. As the hacks leave the line with passengers, those behind shall move up, and any public hack, seeking a space on the stand, shall approach the same only from the rear of the stand and shall stop as near as possible to the last cab already on the line. No public hack shall stand at the curb within 15 feet of the entrance to any building adjacent to a hack stand located and designated by the commissioner, in accordance with the first sentence of the second subdivision of the preceding section; which shall be determined by measuring 15 feet on each side of the point on the curb opposite the middle of the entrance to the adjacent building. No hack shall stand within 5 feet of any crosswalk. The commissioner may suspend or revoke the license of any public hack driver who shall stand in front of the entrance of any building, within the prohibited space, after his passengers desiring to leave have alight^, or who shall attempt to stand in said prohibited space waiting for passengers, or who shall violate any of the other provi- sions of this section. (Ord. June 2, 1913.) § 101. Taximeters. — 1. When required. Every public hack driven by mechanical power, seating 4 passengers or less, shall have affixed thereto a taximeter of a size and design approved by the commis- LICENSES 241 sioner. Motor driven vehicles, with 7 passenger or 5 passenger open touring car bodies, may be licensed as public coaches and public cabs, respectively. 2. Inspection. No license shall be issued to a public hack until the taximeter attached thereto shall have been inspected and found to be accurate. 3. Inaccuracy. No person shall use or permit to be used upon any public hack a taximeter which shall be in such condition as to be over 5 per cent, incorrect, to the prejudice of any passenger. 4. W heel-operated j prohibited. No taximeter affixed to a public hack propelled by steam, gasolene, electricity, or other motor power, shall be operated from any wheel to which the power is applied. 5. Illumination of dial. After sundown, the face of every taximeter shall be illuminated by a suitable light, so arranged as to throw a continuous, steady light thereon. 6. Case to he sealed. No person shall use or permit to be used, or drive for hire, a public hack equipped with a taximeter the case of which is unsealed and not having its cover and gear intact. 7. False signal. No driver of a public hack equipped with a taximeter or other similar device, while carrying passengers or under employment, shall display the signal affixed to such taximeter or other similar device in such position as to denote such vehicle is not employed, or in such position as to denote that he is employed at a rate of fare different from that to which he is entitled under the provisions of this article. 8. Unapproved taximeter. No person shall drive a public hack to which is attached a taximeter chat has not been duly inspected and approved. 9. Violations. A violation of any of the provisions of this section shall render the offender or offenders liable, upon conviction before any city magistrate, to a fine of not more than $50 for each and every offense, and. in default of payment of such fine, he may be committed to prison until the same shall be paid, but such imprisonment shall not exceed 10 days. (Ord. June 2, 1913.) § 102. Rates of fare . — The maximum rates of fare for public hacks shall be as follows: 1 . Motor vehicles y except * ‘ sight-seeing ’ ^ cars — For not more than two passengers: For the first half-mile, or any fraction thereof $0 30 For each succeeding one-quarter mile, or any fraction thereof . 10 For 3 or more passengers: For the first half-mile, or any fraction thereof 40 For each succeeding one-sixth mile, or any fraction thereof. 10 2. Sight-seeing cars — No rates are hereby established for sight-seeing cars, but a schedule of the rates charged for each trip shall, before the trip, be prom- inently displayed upon the car, and a charge greater, or attempt to charge any passenger a sum greater than that set forth in said sched- ules, shall be deemed a violation of this article. 3. Horse-drawn vehicles — For cabs: For the first mile, or any fraction thereof $0 50 For each succeeding one-half mile, or any fraction thereof .... 20 16 242 CODE OF ORDINANCES OF THE CITY OF NEW YORK For coaches: For the first mile, or any fraction thereof $ 70 For each succeeding one-half mile, or any fraction thereof .... 30 4. Hourly rates (applying only to horse-drawn vehicles when shopping or calling; not including park or road driving, nor driving more than 5 miles from starting point) : For the first hour, or any part thereof $1 50 For each additional one-half hour 50 5. Miles, in Manhattan. In case of public hacks on which tax- imeters are not affixed, when driving on the numbered streets, or numbered and lettered avenues, in the borough of Manhattan, 20 blocks north and south, and 7 blocks between the numbered and lettered avenues constitute a mile for the purpose of this ordinance; this provision shall be set forth on the rate card hereinafter required. 6. Applying generally: (a) For waiting time at the rate of $1.50 per hour; (b) For each piece of luggage carried outside, 20 cents. No charge shall, however, be made for hand bags and suit cases; (c) Ferriage and tolls in all cases to be paid by the party using the vehicle. A copy of the foregoing rates of fare shall be furnished by the department to each public hack, and shall at all times be pasted in a conspicuous place in the inside thereof. The department shall provide each public hack with a printed receipt pad, and every public hackman shall keep on hand a supply thereof, and shall, whenever requested, give a passenger a receipt, on such official form, for the fare paid. Nothing herein contained is designed to prevent a person from making an agreement with the owner of the public hack to furnish him with transportation, at a rate to be agreed upon between them, for a day, week or month. But the person with whom the owner of the public hack makes such an agreement is not at liberty to hire out the vehicle to another person. (Ord. June 2, 1913.) § 103. Prepayment of fare. — Every driver of a public hack shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no driver of a public hack shall, otherwise, refuse or neglect to convey any orderly person or persons upon request anywhere in the city, unless pre- viously engaged or unable to do so. No driver of a licensed hack shall carry any other person than the passenger first employing a hack, without the consent of said passenger. (Ord. June 2, 1913.) § 104. Disputed fares. — All disputes as to fares shall be determined by the officer in charge of the police station nearest to the place where the dispute is had; failure to comply with such determination shall subject the offending party to a charge of disorderly conduct, pun- ishable by a fine of not exceeding $10, or, in default of payment thereof, by imprisonment for not more than 10 days. (Ord. June 2, 1913.) § 105. Over-charge. — No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the public hack is entitled, under the provisions of this article. (Ord. June 2, 1913.) § 106. ^'Cruising’'; soliciting. — No public hack, w’hile waiting employment by passengers, shall stand on any public street or place LICENSES 243 other than at, or upon a public hack stand, designated or established in accordance with this article; nor shall any driver of such hack seek employment by repeatedly and persistently driving his hack to and fro in a short space before or by otherwise interfering with the proper and orderly access to or egress from, any theatre, hall, hotel, public resort, railway or ferry station or other place of public gathering; but any hackman may solicit employment by driving through any public street or place without stops, other than those due to obstruction of traffic, and at such speed as not to interfere or impede traffic, and may pass and repass before any theatre, hall, hotel, public resort, railway or ferrj^ station, or other place of public gathering; provided that, after passing such public place, he shall not turn and repass until he shall have gone a distance of 2 blocks upon the streets and highways of the city, and no person shall solicit passengers for a public hack, except the driver of a public hack, when sitting upon the driver’s box of his vehicle. No person shall be allowed to ride on the box with the driver. (Ord. June 2, 1913.) As to “sight-seeing” cars, see Duell, C. M., in People v. Greene, N. Y. Law Journal, Dec. 1, 1914. § 107. Articles found in hacks. — Every driver of a public hack, immediately after the termination of any hiring or employment, must carefully search such hack for any property lost or left therein, and, any such property, unless sooner claimed or delivered to the owner, must be taken to the nearest police station and deposited with the officer in charge, within 24 hours after the finding thereof, and the officer to whom such report shall be made, shall forward a written notice to the department of licenses, with brief particulars and description of the property. (Ord. June 2, 1913.) § 108. Public garages. — 1. Definition. A public garage is hereby defined as a place in which space is rented for, or in which are stored, motor vehicles of any kind whatever to be let for hire at any time. 2. Record of cars and chauffeurs. Each and every keeper of a public garage shall record in a book kept solely for such purpose, the time of departure from such garage of every motor vehicle kept for hire, giving the names and addresses of the owner and driver thereof, the name and class of vehicle, the license number of the driver and the license number of the vehicle; and the time of the return to the garage of each such vehicle shall also be entered in said book. Said record book shall be open for inspection at all times to the representatives of the police department and the de- partment of licenses. 3. Violations, Any person, either keeper or acting as keeper of a public garage, guilty of a violation of this ordinance, or any part thereof, shall, upon conviction thereof be fined as follows: For the first offense in a sum not less than $10, and in default of payment of such fine he may be committed to the City Prison, each day of such committal to be taken as liquidation of $1 of such fine; for the second offense in a sum not less than $25, and in default of pay- ment of such fine committal to the City Prison, each day of such committal to be taken as liquidation of $1 of such fine, or both. (Ord. Sept. 24, 1913.) § 109. Violations. — 1. Owners. Any owner or driver of a vehicle, not licensed and equipped in accordance with the provisions of this 244 CODE OF ORDINANCES OF THE CITY OF NEW YORK article, or of a vehicle the license of which has been suspended or revoked, who engages in the business of a public hack, as defined hereby, or attempts to engage in such business, or solicits for hire passengers upon the streets shall, upon conviction before any city magistrate, be punished by a fine of not over $50, or imprisonment not exceeding 30 days, or both. 2. Drivers. Any person, not having been duly licensed as a public hack driver, or any person whose license as such driver has been revoked, or any person whose license has been suspended and who, during the time of such suspension, drives for hire a public hack upon the streets, shall, upon conviction before any city magistrate, be punished by a fine of not over $50 or imprisonment for a term not exceeding 30 days, or both. 3. Miscellaneous. Upon the conviction of any person for any viola- tion of a provision of this article, for which no punishment is specif- ically provided, he or she shall be punished as provided in § 10 of chapter 27 of this ordinance. 4. Suspension or revocation of licenses. In addition to the fine, imprisonment, or both, authorized by any subdivision of this sec- tion, any licensee shall be subject to the suspension or revocation of his license, upon conviction for any violation of this article.^ The commissioner may, in his discretion, suspend or revoke a license granted under any provision of this article, pending or in advance of the criminal prosecution of the license. (Ord. June 2, 1913.) ARTICLE 9 JUNK DEALERS Sec. 120. Definitions. § 121. License fee and bond. § 122. Restrictions. § 123. Record of purchases. § 124. Reports to police department. § 125. Lost or stolen goods. Sec. 120. Definitions. — 1. Junkman, junk shop. Anyone dealing in the purchase and sale of junk, old rope, old iron, brass, copper, tin or lead, rags, slush or empty bottles shall be deemed to be a junk dealer, and his place of business a junk shop. 2. Junk cart, junk boat. Any vehicle in the streets, or any vessel in the waters of the city, used for the purpose of collecting junk, rags, old rope, paper, bagging, old iron, brass, copper, tin, empty bottles, slush or lead, shall be deemed, respectively, a junk cart or junk boat, and every junk cart or junk boat shall show on each out- side thereof the words “junk cart” or junk boat,” together with the figures of its official number, and no person shall do such collect- ing in any other way or manner than as aforesaid. (C. O. § 334.) Requirement for a license is valid exercise of police power. City of N. Y. v. Vandewater, 1 13 App. Div. 456. § 121. License fee and bond. — Every- junk dealer shall pay an annual license fee of $20 and give a bond to the city, with sufficient surety approved by the commissioner, in the penal sum of $250, - conditioned for the due observance of all municipal ordinances. LICENSES 245 Each junk cart or junk boat shall pay an annual license fee of $5, (C. O. § 344.) § 122. Restrictions. — 1. Place. No junk dealer shall carry on business at any other place than the one designated in the license therefor, nor shall he continue to carry on business after such license has been suspended or revoked, or has expired. 2. Purchases. No junk dealer shall purchase any goods, article or thing whatsoever from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, nor from any person between the setting of the sun and 7 o^clock in the morning. 3. Other business. No junk dealer shall be licensed as a pawn- broker or dealer in second-hand articles in the city. (C. 0. §§ 336, 337, 339.) § 123. Record of purchases. — Every junk dealer shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name, residence, and general description of the person from whom such purchase was made, and the day and hour of such purchase, and the book shall at all reasonable times be open to the inspection of any police officer, or the mayor, the commissioner or any inspector of licenses, or any magistrate, or any person duly authorized in writing, for such pur- pose, by the commissioner or any magistrate, who shall exhibit such authorization to the dealer. (C. O. § 335.) § 124. Reports to the police department. — Every junk dealer, upon being served with a written notice so to do by a member of the police department, shall report to the police commissioner, on blank forms to be furnished by the police department, an accurate descrip- tion of all goods, articles or things purchased or received in the course of business of the junk dealer during the days specified in such notice, stating the amount paid for, and the name, residence and general description of the person from whom such goods, articles or things were received. § 125. Lost or stolen goods. — If any goods, article or thing whatso- ever shall be advertis^, in any newspaper printed in the city, as having been lost or stolen, and the same, or any answering to the description advertised, or any part or portion thereof, shall beNor come in the possession of any junk dealer, he shall give information thereof, in writing, to the police commissioner and state from whom the same was received. Every junk dealer who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer, or to the mayor, commissioner, or any inspector of licenses, or any magistrate, or any person duly authorized, in writing, by the commissioner or any magistrate, who shall exhibit such authorization to such dealer. (C. O. § 338.) ARTICLE 10 PEDDLERS, HAWKERS AND VENDERS Sec. 130. Definitions; exceptions. § 131. License fee. I 132. Designation of vehicle*. 246 CODE OF ORDINANCES OF THE CITY OP NEW YORK § 130. Definitions; exceptions. — 1. Definitions. Any person hawk- ing, peddling, vending or selling merchandise in the streets of the city shall be deemed to be a peddler, and shall be classified as follows: A peddler using a horse and wagon; a peddler using a push cart; and a peddler personally carrying merchandise. 2. Newspapers. This article shall not apply in any way to the selling of newspapers or periodicals. 3. Farmers. Any person, owning or operating a farm in the city and selling, in the streets, produce raised on such farm, shall not be deemed a peddler within the meaning of this article. Any such per- son may make application to the commissioner, and, upon affidavit setting forth sufficient facts to entitle him to this exemption, he shall thereupon receive a certificate thereof. (C. O. § 347, 348.) Ordinance requiring a license for peddlers sustained. Village of Ballston Spa v. Markham, 58 Hun, 238. As to power imposed on Mayor to issue a license, see Bradley v. Rochester, 54 Hun, 140. All statutes regulating hawking and peddling must be strictly construed. Village of Stamford v. Fisher, 140 N. Y. 187. Ordi- nance restricting peddling to certain hours is not unconstitutional. City of Buffalo V. Schleifer, 2 Misc. 216, 51 St. Rep. 58, 21 N. Y. Supp. 913. An ordinance re- stricting peddling at public markets sustained. Village of Buffalo v. Webster, 10 Wend. 100. As to peddling milk, see People ex rel. Larabee v. Mulholland, 82 N. Y. 324. Where a license is required and none is taken out, the peddler cannot recover the price of his goods. Best v. Bauder, 29 How. Pr. 489. license to peddle required. Jones v. Foster, 43 App. Div. 33. Ordinance prohibiting sale of peanuts and popcorn in street unless from wagon drawn by a horse or horses, held unreasonable. People v. Gilbert, 68 Misc. 48, 53. § 131. License fees. — The annual license fees payable by peddlers shall be, for each peddler Using a horse and wagon $8 00 Using a push-cart 4 00 Personally carrying his merchandise 2 00 § 132. Designation of vehicles. — Any vehicle used in peddling shall show on each outside thereof the words “Licensed Peddler,” to- gether with the figures of its official number, and any peddler duly licensed to use a horse and wagon may employ 2 persons, and no more, to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler. ARTICLE 11 PUBLIC CARTS AND CARTMEN Sec. 140. Definitions. § 141. Classification. § 142. Licenses, license plates. § 143. License fees. § 144. Charges. Sec. 140. Definitions. — Every vehicle, of whatever construction, drawn by animals or propelled by any motor power, which is kept for hire or used to carry merchandise, household or office furniture or other bulky articles within the city, for pay, shall be deemed to be a public cart, and the owner thereof shall be deemed to be a public cartman. (Ord. June 2, 1914,) An ordinance requiring a license to be taken out where trucks are used for hire was held valid in City of Brooklyn v. Breslin, 57 N. Y. 591. And it has been held LICENSES 247 that where a license was required, unless one was taken out, the driver or owner of carts and trucks used for public hire could not recover for services actually ren- dered. Ferdon v. Cunningham, 20 How. Pr. 154. § 141. Classification. — Public carts shall be divided into two classes, namely: motor driven public carts and horse drawn public carts. 1. Horse drawn. Horse drawn public carts shall be divided into two classes: A — To include all public carts drawn by 1 horse and having an inside floor space of at least 40 square feet. B — To include all public carts drawn by 2 or more horses and having an inside floor surface of at least 70 square feet. 2. Motor driven. Motor driven public carts shall be divided into two classes: F — To include all motor driven public carts having an inside floor surface of at least 70 square feet. G — To include all motor driven public carts having an inside floor surface of at least 90 square feet. In all of the above measurements, a variation of more than 5 per cent, shall not be accepted. (Ord. June 29, 1914.) § 142. Licenses and license plates. — Upon the payment of the fee hereinafter provided the commissioner shall issue a license to the owner of the vehicle, together with a plate, to be affixed to a con- spicuous and indispensable part of such public cart, on which shall be clearly set forth the official number of the vehicle, with the words “Public Cart.’^ The design or color of the plate shall be changed at the beginning of each license year, which shall be August 1 of each year. (Ord. June 2, 1914.) § 143. License fees. — The following annual license fees shall be paid: All public carts in class A shall pay a fee of $2 00 All public carts in class B shall pay a fee of 2 00 All public carts in class F shall pay a fee of 5 00 All public carts in class G shall pay a fee of 5 00 Such license fees shall be in lieu of and not in addition to any fees heretofore established, and, except as above provided, no charge shall be made. (Ord. June 2, 1914.) Charges. — 1. Special contract. The amount to be charged for loading, transporting, or transmitting and unloading of mer- chandise, household or office furniture, or other bulky articles, by a public cartman, may be agreed upon in advance and such contract or agreement shall control and regulate the employment. In every case where such agreement is entered into, it shall be the duty of the public cartman to furnish the person with whom he contracts a written memorandum, to be signed by both parties or their responsible and authorized representatives, setting forth clearly the terms of the contract. This memorandum shall be upon blanks to be approved by the department. 2. General. The legal rates for transporting merchandise, house- hold or office furniture, or other bulky articles (other than pianos), including the loading and unloading thereof, unless otherwise agreed upon as set forth in the foregoing paragraph, shall be as follows (said charges to commence from the time of arrival of vehicle or 248 CODE OF ORDINANCES OF THE CITY OF NEW YORK vehicles at the place from which articles are to be transported, and to end when articles are delivered) : (a) Where a vehicle drawn by 1 horse, and having an inside floor surface of at least 40 square feet is used, SI. 25 per hour, said vehicle to be propelled at not less than 3 miles an hour; (b) Where a vehicle drawn by 2 or more horses, and having an inside floor surface of at least 70 square feet is used, $1.50 per hour, said vehicle to be propelled at not less than 3 miles an hour. (c) Where a motor-driven vehicle, having an inside floor surface of at least 70 square feet is used, $1.75 per hour, said vehicle to be propelled at not less than 8 miles per hour; (d) Where a motor-driven vehicle, having an inside floor surface of at least 90 square feet is used, $2.50 per hour, said vehicle to be propelled at not less than 8 miles an hour; (e) For the services of each man in addition to the operator or driver, 50 cents per hour. The number of men to be engaged on any one job or operation is not to exceed four, including the driver, except when specially agreed upon by the person hiring the public cart. In case any vehi- cle, while engaged in the transportation of merchandise, household or office furniture, or other bulky articles, should break down or become disabled from any cause, no charge shall be made for the period of such disability. 3. Pianos, (a) Where a piano is transported in the same public cart as other articles of household or office furniture, and is part of the same operation or job, an additional charge of not exceeding $1.50 may be made for transporting it. (b) Where a piano is transported as a separate operation or job and the distance travelled is 3 miles or less, the charge therefor shall not exceed $3, including labor and use of vehicle therefor; for each additional mile or part thereof, 50 cents. (c) For transporting pianos either up or down one or more flights of stairs, 50 cents for each flight. (d) For transporting pianos up or down, by means of elevator, $1 additional. \ (e) Where the handling of a piano involves the use of a hoist, tackle and rigging at either or both ends of the operation or job, a charge of not more than $5 additional will be permitted. 4. Adjustment of disputes. All disputes as to the rate or amount of compensation shall be adjusted by the police officer in charge of the police station nearest to the place where such dispute is had. On failure to abide by the decision, the said load, or a part thereof sufficient to secure charges thereon, shall be taken to a convenient storage warehouse and a notice, in writing, with a brief statement of particulars, shall be sent at once by the public cartman to the commissioner of licenses. (Ord. June 2, 1914.) ARTICLE 12 PUBLIC PORTERS Sec. 150. License required; hotel runners excepted. § 151. License fees. § 152. Badge. LICENSES :249 § 153. Impersonation of public porters and hotel runners. § 154. Service obligatory. § 155. Charges. § 156. Overcharges. Sec. 150. License required; hotel runners excepted. — No person shall carry, or use any wheelbarrow or handcart to carry, transport or convey baggage, goods, or other things from place to place for hire, wages or pay for such conveyance; nor be at any hotel, boarding house, ferry, steamboat landing, railroad station or depot, and solicit or accept the conveyance of baggage or other articles, without being licensed. This section shall not be construed to prevent any person, employed in an hotel or boarding house, from conveying any baggage or other article thereto or therefrom, by handcart or wheelbarrow, provided the name of the hotel and boarding house, and the keeper thereof, shall be painted distinctly on both sides of the vehicle, and on a badge worn on the front of his hat or cap, so as to be easily and distinctly seen. (C. O. § 329a.) § 151. License fees. — Every person on receiving a license to be a public porter shall pay a fee of $1; and the sum of 25 cents upon each renewal of such license. (C. O. § 329c.) § 152. Badge. — Each public porter shall wear, in a conspicuous place about his person, so as to be easily seen, a brass plate or badge, on which shall be engraved his name, the words “Public Porter,’^ and the number of his license. No public porter shall suffer or per- mit any other person than himself to carry any article or articles in his wheel or handbarrow, or handcart, nor to wear his badge, or use his name in any way whatever, in the transportation or con- veyance of any thing. (C. O. §§ 329d, 329j.) § 153. Impersonation of public porters and hotel runners. — No person shall wear or exhibit any badge purporting to be, resembling or being similar to the badge of a public porter. No person shall represent himself as, or wear or exhibit any badge, inscription, card, or device, purporting or implying that he is employed or authorized by the keeper, proprietor, agent or officer of any hotel, boarding house, vessel, steamboat or railroad company, to solicit, receive or convey persons, baggage, or other things to or from any such hotel, boarding house, vessel, steamboat or railroad company’s station or depot, without being actually and duly authorized by such keeper, proprietor, officer or agent so to do. (C. O. §§ 329d, 329k.) § 154. Service obligatory. — No public porter or handcartman shall neglect or refuse to transport any article or articles when required so to do, unless he shall then be actually and otherwise employed, or unless the distance he shall be required to go shall be more than 2 miles, under the penalty of $5 for each offense. (C. 0. § 329h.) § 155. Charges. — Public porters shall be entitled to charge and receive, for the carrying or conveyance of any article any distance within half a mile, 25 cents if carried by hand, and 50 cents if carried on a wheelbarrow or handcart; if the distance exceeds half a mile, one-half of the above rates in addition thereto, and in the same proportion for any greater distance. No porter or handcartman other than a public porter, wearing his badge as required by this article, shall be entitled to recover or receive any pay or fare from any person. 260 CODE OF ORDINANCES OP THE CITY OF NEW YORK for the transportation of any article. Upon the trial of any cause commenced for the recovery of any porterage, the plaintiff must prove that his badge was worn and the price fixed, agreeably to this section, at the time the services were rendered for which the action was brought. (C. O. § 329.) § 156. Overcharge , — Any public porter who shall ask or demand any greater rate of pay or compensation, for the cariying or conveyance of any article, than is herein provided, shall not be entitled to any pay for the service, and it shall be deemed a violation of this article for him to ask, demand, or receive any greater pay or compensation. (C. O. § 329.) ARTICLE 13 SHOOTING GALLERIES Sec. 160. Definition. § 161. License fees. Sec. 160. Definition; requirements . — Any shooting gallery, in a place open to the public, shall be deemed to be included within the terms of this chapter, and every keeper of a public shooting gallery shall maintain good order and allow no person under 16 years of age to shoot therein. (C. O. § 353.) § 161. License fee . — The annual license fee for each public shooting gallery shall be $5. (C. O. § 307.) ARTICLE 14 STREET MUSICIANS Sec. 170. Hand organ grinders. § 171. Itinerant musicians. Sec. 170. Hand organ grinders . — No person shall use or perform on a hand organ in any street or public place, unless such hand organ shall be licensed as hereinafter ordained. Upon payment of a license fee of $5 per annum, the commissioner of licenses may grant and issue licenses for such number of hand organs as he may deem proper, not to exceed, however, the total number of 800. The license so granted and issued must be conspicuously displayed at all times upon the front of the hand organ. No person using or performing upon a hand organ shall solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly. No person shall use or perform upon a hand organ in any street or public place, before the hour of 9 a. m. nor after the hour of 6 p. m. of any day; nor during any part of the first day of the week commonly called Sunday; nor within a distance of 500 feet of any school house or house of public worship, during school hours or hours of public worship, respectively ; nor within a like distance of any court, public office, hospital, asylum, or other public institution, nor within a distance of 250 feet of any tenement house, dwelling house or other LICENSES 251 building, when directed or requested by any occupant thereof to refrain from or discontinue using or performing upon such hand organ. (Adapted from various ordinances.) § 171. Itinerant musicians . — No persons shall engage in the busi- ness of a street musician, playing for hire or voluntary contributions from door to door, or otherwise, without having first obtained a license therefor. Such licenses shall be granted by the commissioner; provided that the person or persons applying therefor shall have been residents of the city for at least 1 year prior to such application, and shall pay for such license the sum of $10, the license to be renewed from year to year, upon the annual payment of such fee. The term of residence required by this section shall be proved by affidavit of the person applying for such license and of two other persons resident of the city, which affidavits shall state the different places of residence in the city occupied by said applicant during the year preceding his application. The provisions of this section shall apply only to itinerant musicians and shall not be construed so as to affect any band of music or organized musical or religious society, engaged in any military or civic parade, or to any musical performance con- ducted under a license from municipal authority. (§ 44, Brookl, Ord.) The validity of licenses to use musical instruments sustained. Roderick v. Whitson, 61 Him, 620; People v. Garabel, 20 Misc. 127. ARTICLE 15 WEIGHERS OP HAY Sec. 180. Licenses. § 181. Marking bales. § 182. Tare. § 183. Charges. Sec. 180. Licenses . — The commissioner of licenses is empowered to grant and issue licenses to persons to maintain and operate scales or apparatus for weighing hay in any street or public place. He shall designate in all such licenses the location at which the persons licensed shall erect their respective scales, and such license shall convey an authority and permission to erect at such location, under the direction of the president of the borough having jurisdiction, a scale for weighing hay, in the mode heretofore in use in the former City of New York. The fee chargeable on granting such license shall be $25 a year. No person, except those to whom licenses shall have been granted, shall erect or have any scale or apparatus for weighing hay on any street or public place. (§§ 10, 12, Manh. Ord.) See Mayor v. Nichols, 4 Hill, 209. § 181. Marking hales . — No person shall sell, or offer for sale, any hay or straw by the bale, unless the exact gross and net weight shall be legibly and distinctly marked on every such bale, under a penalty of $10 for each bale so sold or offered for sale in violation of the provisions of this section. (§ 25, Manh. Ord.) § 182. Tare . — In weighing bale-hay, each licensed weigher shall 252 CODE OF ORDINANCES OF THE CITY OF NEW YORK designate in the certificate given by him the amount of tare on each bale, and shall legibly mark the amount of said tare thereon, as well as the gross weight. (§ 13, Manh. Ord.) § 183. Charges . — No weigher of hay shall charge any person applying for his services as such weigher or for a certificate of the weight of any hay, more than 6c. on each bale for weighing and mark- ing the same, and for a certificate thereof. (§ 14, Manh. Ord.) MAKKETS 253 CHAPTER 15 Markets Article 1. General provisions. 2. Location and designation of public markets. 3. Farmers and market gardeners. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Control of markets and market-places. § 2. Transfers of stands or stalls. § 3. Adjustment of controversies. § 4. Water-front property adjoining market-lands; highways through or bounding market-places. § 5. Market hours. § 6. Regulation of toilet facilities. ^ Sec. 1. Control of markets and market places. — The collector of city revenue and superintendent of markets, with the approval of the comptroller, shall have sole charge and control of all public markets and market places, and of all vehicles employed in the business of vending and selling merchandise of any description therein, and shall have power to make suitable regulations concern- ing the fees for conducting business in markets and market places, the hours during which such business may be conducted and the general management thereof. (Charter, §§ 163 and 164; C. O. § 78.) This bureau is under the control of the Finance Department, sec. 151, Greater New York Charter. The City Ordinances of 1859 placed the Bureau of Markets in the City Inspector’s Department. That a municipal corporation has power to establish public markets is well settled. St. Johns v. Mayor, etc., of N. Y., 6 Duer, 315; People v. Lowber, 7 Abb. Pr. 158, 28 Barb. 65; Ketchurn v. City of Buffalo, 14 N. Y. 356, aff’d 21 Barb. 294. And municipal corporations have power to regu- late established markets. Mayor, etc., of N. Y. v. Schultz, 31 How. Pr. 385; Barry V. Kennedy, 11 Abb. Pr., N. S., 421. As to power of Comptroller, see Lowenstein V. Myers, 49 N. Y. St. Rep. 807, and People ex rel. Westervelt v. Meyer, 5 N. Y. Supp. 69. An ordinance requiring butchers to have licenses sustained. City of Buffalo V. Hill, 79 App. Div. 402. The city cannot, however, grant permits to erect market stands in the public streets. Ely v. Campbell, 59 How. Pr. 333. § 2. Transfers of stalls or stands. — No transfer or assignment of any stall or stand in any public market shall be made without the written permission of the comptroller, and such transfer shall be duly entered upon the register or list of stands, and notice of the transfer, when made, shall be given to the comptroller. (C. O. § 80.) As to rights of assignee see People ex rel. Danzinger v. Metz, 123 App. Div. 269. § 3. Adjustment of controversies. — The comptroller may adjust and settle any claims and controversies in regard to rents and other matters that appertain to any lease of market lands, both those which have heretofore arisen and any which may hereafter arise. 254 CODE OF ORDINANCES OF THE CITY OF NEW YORK during either the original term or any renewal or extension thereof, as, in his opinion, justice may require. (Charter, § 164.) § 4. Water-front property adjoining market-lands; highways through or hounding market-places, — Nothing herein contained shall inter- fere with the jurisdiction of the department of docks and ferries over the water-front property in and around any market lands, nor with the jurisdiction of the president of any borough over market lands, in so far as concerns his powers over highways. (Charter, § 164.) § 5. Market hours. — Every vehicle in which articles shall be brought to market, or which shall come within the limits of any market, shall be removed therefrom at or before 12 o^clock noon of each day, except Saturday. On Saturdays, any market may re- main open and market licensees may conduct business therein until 12 o^clock, midnight. (C. O., § 83a revised.) § 6. Regulation of toilet facilities. — No water-closet or urinal shall be erected or maintained in any public market, over or above any stall, stand or place where meats, fish, butter, eggs, fowl, game, vegetables, fruits, or other articles of food supply are kept or offered for sale, and all such water-closets and urinals shall, so far as prac- ticable, be built and maintained below the ground floor of such market. (Ord. April 4, 1911.) ARTICLE 2 LOCATION AND DESIGNATION OF PUBLIC MARKETS Sec. 20. Delancey Street market. § 21. Eighth Ward market, borough of Brooklyn. § 22. Essex market. § 23. First Avenue market. § 24. Gansevoort market. § 25. Jefferson market. § 26. Manhattan Bridge market. § 27. Queensboro Bridge market. § 28. Third Avenue market. § 29. Union Square market. § 30. Wallabout market. § 31. Washington market. § 32. West Washington market. § 33. Willis Avenue market. Sec. 20. Delancey street market. — So much of the lands in the borough of Manhattan as are bounded on the north by the northerly side of the Williamsburg bridge approach, at the intersection of Ridge and Delancey streets, running thence easterly to the line of the Williamsburg bridge at the intersection of Cannon and Delan- cey streets, thence westerly along the line of the Williamsburg bridge to its intersection at Ridge street; thence northerly to the point or place of beginning, shall be set aside and apart for a public market, and shall be known as the Delancey street market. (Ord. May 20, 1913.) § 21. Eighth Ward market ^ borough of Brooklyn. — So much of the lands in the borough of Brooklyn as are bounded and described as MARKETS 255 follows, to wit: Beginning at a point on the westerly line or side of 2d avenue, 375 feet northerly from the center line of 39th street; running thence westerly on a line parallel with and distant 375 feet from said center line of 39th street to the pierhead line, as estab- lished by law; thence northeasterly along said pierhead line to a point on the westerly prolongation of the southerly line of 36th street; thence easterly along the westerly prolongation of the southerly line of 36th street to the westerly Hne or side of 2d avenue; and thence southerly along the westerly line or side of 2d avenue, 376 feet, more or less, to the point or place of beginning, in said borough, shall be set aside and apart for a public wholesale market, and shall be known as the Eighth Ward market, borough of Brooklyn. (C. 0. § 83.) § 22. Essex market. — So much of the lands in the borough of Man- hattan as are bounded and described as follows, to wit: The premises located on the northwest corner of the blind alley or lane, and Essex street, situated between Grand and Broome streets, heretofore known and used as the '‘Essex Market Court House,’’ the premises located and bounded by Grand street, Ludlow street, the blind alley and Essex street, now occupied as a public school and formerly known as the Old Essex Market, and also the said blind alley or lane situated between Grand and Broome streets, and running from Ludlow to Essex street, in said borough, shall be set aside and apart for a public market, and shall be known as Essex market. § 23. First Avenue market. — The lands bounded and described as follows: Bounded on the west by the easterly side of First avenue; bounded on the south by the northerly line or curb of East 59th street to a point at right angles to the center line of anchorage pier; thence running northerly on a line parallel to First avenue to the easterly hne or curb of East 60th street; thence westerly along the line or curb of East 60th street to the westerly hne or curb of First avenue, the same being the point or place of beginning, are hereby declared to be a pubhc market and shall be set aside for such purposes during the pleasure of the board of aldermen, subject to such rules and regulations concerning fees, the hours of doing business and the general management of said market as may be made by the comp^ troller. § 24. Gansevoort market. — The lands bounded on the north by Little Twelfth street, on the south by Gansevoort street, on the east by Washington street, and on the west by West street and 10th avenue, are hereby declared to be a pubhc market place, and, subject to the provisions of § 205 of the charter, shall be kept for the exclusive use of farmers and market gardeners. (Charter, § 163.) § 25. Jefferson market. — So much of the lands in the block bounded by 6th avenue, Greenwich avenue and West Tenth street, in the borough of Manhattan, as are now used for market purposes shall be set aside and apart for a pubhc market, and shall be known as Jeffer- son market. (New.) § 26. Manhattan Bridge market. — The space under the Manhattan bridge, between Division street and Madison street, in the borough of Manhattan, shall be set aside for a pubhc market to be known as the Manhattan Bridge market. (Ord, June 30, 1914.) 256 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 27. Queenshoro Bridge market. — So much of the lands in the borough of Manhattan as are bounded: On the north by the northerly side of the approach to the Queensboro bridge, on the east by the westerly side of the Manhattan anchor pier, on the south by the southerly line of the approach to the Queensboro bridge, on the west by the easterly line of the abutment on the easterly side of 1st ave., said parcel being about 261 feet in length by 118 feet 6 inches in width in said borough, shall be set aside and apart for a public market for the sale of plants and flowers and shall be known as the Queensboro Bridge market. (Ord. Mar. 21, 1911.) § 28. Third Avenue market. — All space beneath and under the Third Avenue bridge at 129th street and Third avenue, bounded by the interior walls under said bridge on the east and west from the bulkhead line at the north. Third avenue and East 130th street on the south to the curb lines thereof, is hereby declared to be a public market and shall be set aside for such purposes during the pleasure of the board of aldermen subject to such rules and regulations concern- ing fees, the hours of doing business and the general management of said market as may be made by the comptroller. § 29. Union Square market. — So much of the lands in the borough of Manhattan as are bounded and described as follows, to wit: Beginning at a point on the northeast lint of Union square; running thence northerly and parellel with 4th ave., about 98 feet to the southerly house line of 17th st.; thence westerly along the southerly house line of 17th st. about 218 feet; thence southerly and parallel with 4th ave. about 98 feet to the northerly line of Union square; and thence easterly along the northerly line of Union square about 218 feet to the place of beginning, in said borough, shall be set aside and apart for a public market for the sale of plants and flowers, and shall be knPwn as the Union Square market. (Ord. June 17, 1913.) § 30. Wallabout market. — 1. Farmers'* square. The portion of Wallabout market in the borough of Brooklyn, commonly known as ^‘Farmers’ Square,^^ shall be kept for the exclusive use of farmers and market gardeners. 2. Leases. The comptroller shall have and be vested with all the powers exercised by the commissioner of city works of the former City of Brooklyn, and shall have the sole power to lease any portion of the Wallabout market lands and renew existing leases, on such terms and at such rentals as may be agreed upon between him and the lessees or holders, subject to the following provisions as to the rate of rent: In case the amount of rent for any renewal term of any lease be not agreed upon, as aforesaid, by the 1st day of January preceding the expiration of the previous term, the same shall, if either the comptroller or the lessee or holder shall so elect, be fixed as now provided by law, except that the rent may, in the discretion of the comptroller, be reduced. The rents for such renewal terms, whether agreed upon as above provided, or fixed as now provided by law, shall not be less than an amount equal to two-thirds of the rent of the preceding term, nor exceed an amount equal to the rent of the preceding term and one-third thereof in addition thereto. The comptroller may at any time, with the consent of the lessee or holder, vary or modify any of the provisions of any lease of such lands. 3. Sale of liquor. Distilled and rectified spirits, wine and fer- MARKETS 257 merited and malt liquors, shall not be sold or offered for sale in Wallabout market lands; and all leases of any portion of such lands shall contain a provision restricting and prohibiting the sale or offering for sale of any such spirits, wine and fermented and malt liquors on any lands leased thereby. (Charter, § 164.) §31. Washington market. — The lands contained in the block bounded by Washington street, Fulton street. West street and Vesey street, in the borough of Manhattan, shall be set aside and apart for a public market, and shall be known as Washington market. (New.) § 32. West Washington market. — The lands in the borough of Manhattan, bounded on the north by Bloomfield street, on the south by Gansevoort street, on the east by West street and Tenth avenue, and on the west by Thirteenth avenue, are hereby dedicated to market purposes and shall be used and occupied as such, in the manner that may be designated and prescribed by the commissioners of the sinking fund, who shall have full power and authority in respect thereto. The commissioners may, in their discretion, lease any of said lands for such term of years, with such covenants and for such annual rentals, as in their judgment, shall be for the best interests of the city, or continue the use of the same as a public market. § 33. Willis Avenue market. — The lands in the borough of The Bronx bounded and described as follows: Beginning at the corner formed by the intersection of the southerly side of East 133rd street and the easterly side of Willis avenue; running thence easterly along the southerly side of East 133d street 200 feet; running thence southerly and parallel with Willis avenue 200 feet; running thence westerly and parallel with East 133d street 200 feet to Willis avenue; running thence northerly along Willis avenue 200 feet to a point or place of beginning, shall be known as Willis Avenue market. (New.) ARTICLE 3 FARMERS AND MARKET-GARDENERS Sec. 50. License required. § 51. Market wagons. § 52. Removal of obstructions. Sec. 50. License required. — Any farmer or market gardener, desir- ing to use any public market, may present to the collector of city revenue and superintendent of markets an affidavit, stating his name, residence, occupation and a general description of the commod- ities which he desires to sell in such market, together with a request that a license be issued to him for market privileges. On the filing of such affidavit, and the payment of a nominal fee sufficient to defray the cost of issuing the license, the collector of city revenue and superintendent of markets, if satisfied that the applicant is a rep- utable person, shall issue to him a license to use such market for a period not to exceed one year. All licenses issued under this section shall be numbered and registered, in the office of the collector of city revenue and superintendent of markets, and there shall be issued to 17 258 CODE OF ORDINANCES OF THE CITY OF NEW YORK each licensee a market tag or plate, in such form and design as shall be prescribed by the comptroller, upon which the number of the license shall conspicuously appear. No unlicensed farmer or market gardener shall be permitted to use any public market, and, while any hcensed farmer or market gardener shall be exercising market privileges, he shall at all times cause to be displayed conspicuous!}' the tag or plate containing the number of his license. (Charter, § 163, in part.) § 51. Market wagons . — The owner of every cart or other vehicle, used for the purpose of bringing meat, garden produce or other thing to any of the pubhc markets to be sold, shall cause his name to be painted in a plain manner and on a conspicuous part of such cart or vehicle. (C. O. § 83e.) § 52. Removal of obstructions . — All vehicles, boxes, baskets, market- produce and other articles and things brought into any market or market place, or placed upon a street or sidewalk adjacent to any market, shall be removed therefrom by the licensee, or other person responsible for such obstruction, at the close of market-hours, or sooner, if required by the collector of city revenue and superintend- ent of markets or his authorized subordinate. (C. O. § 83c.) MUNICIPAL CIVIL SERVICE 259 CHAPTER 16 Municipal Civil Service Article 1. General provisions. 2. Special provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Officers and employees to be residents. § 2. Vacations. § 3. Hours of service during July and August. Sec. 1. Officers and employees to he residents , — No person not a citizen and an actual resident and dweller in good faith in the state of New York shall be eligible to appointment or employment in any of the departments, boards, bureaus or branches of the government of the city. Any person who now is, or who shall become, after such appointment or employment, a citizen, resident or dweller outside the state of New York, shall thereby forfeit his said ap- pointment or employment and shall be removed therefrom. The provisions of this section shall not apply to appointments or em- ployments for services of work to be performed for the city outside the state of New York; nor to a temporary appointment or employ- ment for a specific service or work, where peculiar or exceptional qualifications of a scientific, professional or educational character are necessary. Prior to such temporary appointment or employ- ment, evidence in writing shall be furnished that the services or work to be performed cannot be well done by any citizen and actual resident of the state of New York, who is available, and that the non-resident person proposed to be appointed is generally recog- nized as one possessing such exceptional qualifications in a high degree. No appointment or employment under this section shall be valid unless the consent of the mayor shall be first obtained. He may require the municipal civil service commission to pass upon the matter and certify whether such appointment or employment be necessary, and, also, whether the non-resident person proposed therefor be competent and necessary, for lack of a citizen and actual resident of the state of New York, who is available for appointment. (Ord. Apr. 29, 1913.) § 2. Vacations. — 1. Salaried employees. The executive heads of the various departments, and the bureaus thereof, of the city, includ- ing the department of education, shall grant a vacation of not less than 2 calendar weeks in each year to every employee for whom provision is made for continuous or yearly service; provided, that if any employee has been less than 1 year in the service, it shall be within the discretion of the executive head of the department or bureau having jurisdiction to grant such vacation. Vacations authorized by this sub-division may be extended for such period of 260 CODE OF ORDINANCES OF THE CITY OF NEW YORK time as the duties, length of service, and other qualifications of the employee may warrant. 2. Per diem employees. A vacation shall be granted, during the months of June, July, August and September of each year, to each per diem employee who has been in the service of the city for at least one year prior to each June 1st and, during said year, has actually worked for a period of at least 150 days in the aggregate, and who shall waive all claims to any rights or privileges under Chapter 121, Laws of 1913. Such vacation shall consist of 1 day for each 25 days that the employee has actually worked during the said year. This subdivision shall not apply to per diem employees who are engaged to furnish professional or expert services at a per diem rate. 3. Time of vacation. The heads of the various departments and bureaus may fix the time when vacations shall be given, except that per diem employees, other than those of the department of parks, shall be given vacations only during the months of June, July, Au- gust and September. 4. Compensation. For all vacations granted under this section, the same compensation shall be allowed as if the recipient were ac- tually employed. (Ord. June 6, 1914.) § 3. Hours of service during July and August. — Four hours upon any Saturday, during the months of July and August, shall consti- tute a full day’s work for all employees of any department or bureau of the city. The head of a department or bureau shall have power to employ his subordinates upon any legal holiday, or may employ them upon any such Saturday in excess of the legal day’s work above prescribed, paying them compensation therefor at the rate of their usual wages or salaries. The provisions of this section shall apply to and include per diem employees, but shall not apply to the uni- formed forces of the police and fire departments. (Ord. June 24, 1913.) ARTICLE 2 SPECIAL PROVISIONS Sec. 10. Employees of fire or police department; reinstatement. Sec. 10. Employees of fire or police department; reinstatement . — Employees of the fire or police department, not entitled to a trial before dismissal, and who were given an opportunity to explain charges before they were removed, may apply to the mayor, within one year from the date of the order separating them from the service, for a further opportunity to explain, setting forth the reasons for such action. The mayor may, in his discretion, grant the applica- tion. The fire or police commissioner shall, thereupon, afford a further opportunity to the dismissed employee, to explain the charges filed against him, on which the removal was based. There- after, the fire or police commissioner may, in his discretion, reinstate the dismissed employee or reaffirm the previous removal; but, prior to any reinstatement under this section, the former employee shall file a written statement waiving all claim or claims for back salary and damages of any kind whatsoever. (Ord. Mar. 4, 1914.) PAKKS, PARKWAYS AND PARK-STREETS 261 CHAPTER 17 Parks, Parkways and Park-Streets Article 1. General provisions. 2. Traffic regulations. 3. Building and other projections. 4. Miscellaneous. The power of the Board of Aldermen to pass Park Ordinances is prescribed in the Greater New York Charter (L. 1897, ch. 378, sec. 47), and the Revised Charter (L. 1901, ch. 466, sec. 43). By Laws 1904, chapter 678, section 1, amending section 610, Laws 1901, chap- ter 466, the Park Rules in force May 1, 1904, were made a chapter in the City Ordi- nances and amendments when adopted by the Park Board became effective when copies were filed with the City Clerk. The following is taken from the Park Ordinances, adopted Nov. 19, 1914. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. § 2. Interfering with lands or improvements thereon. § 3. Sub-surface disturbances. § 4. Over-head wires. § 5. Destruction of or injury to park property. § 6. Preservation of lawns and grass plots. § 7. Bringing trees, plants and flowers into parks. § 8. Use of roller skates. § 9. Rubbish and refuse matter. § 10. Processions; drills; music. § 11. Public meetings. § 12. Sales or exhibitions. § 13. Posting bills or placards; distributing cards, circulars or pamphlets. § 14. Bathing, fishing, boating and skating. § 15. Protection of animals, birds and reptiles. § 16. Animals at large. § 17. Disorderly conduct. Sec. 1. Definitions. — Unless otherwise expressly stated, whenever used in this chapter, the following terms shall respective!}^ be deemed to mean: 1. Commissioner y or the commissioner y the park commissioner having jurisdiction of a particular park, or park-street, as herein- after defined; 2. Parky any park, parkway, square, circle, or concourse, or part thereof, under the jurisdiction of the park department; 3. P ark-street y a street, avenue, boulevard or other highway, under the jurisdiction of the park department; 4. Perrnity a written authorization for the exercise of a specified park privilege, issued by the park commissioner having jurisdiction. § 2. Interfering with lands or improvements thereon. — No person shall modify, alter or in any manner interfere with the line or grades 262 CODE OF ORDINANCES OF THE CITY OF NEW YORK of any park or park street, nor take up, move or disturb any curb, gutter stone, flagging, tree, treebox, railing, fence, sod, soil or gravel thereof, except by direction of the commissioner or under his permit. § 3. Sub-surface disturbances. — No person shall open, expose or interfere with any water or gas pipe, hydrant, stopcock, sewer, basin or other construction, within or upon any park or park street, nor make any connection therewith, except under the authority of a permit, and upon the deposit of such sum of money as may be re- quired by the commissioner to insure the restoration of the soil, sod, plants, shrubs, trees, sidewalk, pavement, curb, gutter and flagging disturbed in the making of such connection. § 4. Overhead wires. — No person shall attach or string any electric or other wire, or adjust or carry the same into or over any park or park-street, except under a permit. § 5. Destruction of or injury to park property. — No person shall cut, break or in any way injure or deface any tree, shrub, plant, grass, post, railing, chain, lamp, lamp-post, bench, tree-guard, building, structure or other property in, or upon any park or park street. § 6. Preservation of lawns and grass plots. — No person shall go upon any lawn or grass plot in any park or parkway where prohibited by any special order of the commissioner, which prohibition shall be indicated by proper signs. § 7. Bringing trees ^ plants and flowers into parks. — No person shall bring into or carry within a park any tree, shrub, plant or flower, or newly plucked part thereof, without a permit. § 8. Use of roller skates. — No person shall use roller skates upon any sidewalk, bridle path or driveway, nor in any building or place of public assembly, except upon such walks and during such hours as may be designated by the commissioner. § 9. RubHsh and refuse matter. — No person shall throw, cast or lay, or direct, suffer or permit any servant, agent, employee, or person in his or her charge, to throw, cast or lay, any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, or rubbish of any kind whatsoever in any park, or in any lake, lawn, path, walk, road or drive thereof, or in any park-street; provided that in the morning before 8 o’clock, or before the first sweeping of the roadway of any park-street by the street cleaners, dust from the sidewalk may be swept into the gutter, if there piled, but not other- wise. § 10. Processions; drills; music. — No parade, drill or manoeuver of any kind shall be conducted, nor shall any person play upon a musical instrument or display any flag, banner, target, sign, placard or transparency in any park, nor shall any civic or other procession form or move therein, without a permit; but no such permit shall be necessary for the use of the parade ground in Van Cortlandt park, borough of the Bronx, and the parade ground adjacent to Prospect park, borough of Brooklyn by organizations of the National Guard of the State of New York. § 11. Public meetings. — No person shall erect any structure, stand or platform, or hold any meeting, or perform any ceremony or make a speech, address or harangue in any park, without a permit. § 12. Sales or exhibitions. — No person shall expose any article for sale or exhibition, nor perform any personal service for hire, nor take PARKS, PARKWAYS AND PARK-STREETS 263 any photograph in any park or parkway, except under a permit, to be issued by the commissioner. § 13. Posting bills or placards; distributing cards, circulars or pamphlets. — No person shall post any bill, placard, notice or other paper upon any structure, tree, rock, article or thing within any park or upon any park-street, nor paint nor affix thereon, in any other way, any advertisement, notice or exhortation, except under a permit and in strict conformity therewith. No person shall dis- tribute, hand out or cast about any card, circular, pamphlet or other printed matter within any park or upon any park street. As to posting placards on private property, see People v. Green, 85 App. Div. 400. § 14. Bathing, fishing, boating, and skating. — No person shall bathe in, nor disturb, in any way, the fish in the waters or fountains of any park, nor cast any substance therein; except, that m the waters adjacent to Pelham Bay park bathing and fishing shall be permitted, subject to the rules and regulations prescribed by the commissioner. Fishing may also be allowed in the lakes of Prospect j)ark, under permits. No person in bathing costume shall walk or ride in any park or parkway, except in Pelham Bay, Seaside and Dreamland parks. No boat or vessel shall be placed upon any of the waters of any park, except by special permit. No skating or sledding shall be allowed on park lakes, unless and until the ice is declared to be in a suitable condition by the commissioner. § 15. Protection of animals, birds and reptiles. — No person shall hunt, chase, shoot, trap, discharge or throw missiles at, or molest or disturb in any way, any animal, bird or reptile in any park. § 16. Animals at large. — No horse or other animal shall be allowed to go at large in any park or upon any park-street, except dogs that are restrained by a chain or leash not exceeding 6 feet in length. § 17. Disorderly conduct. — No person shall, in any park, 1 . Use threatening, abusive or insulting language; 2. Do any obscene or indecent act, or any act tending to a breach of the public peace; 3. Throw stones or other missiles; 4. Beg or publicly solicit subscriptions or contributions; 5. Tell fortunes; 6. Play games of chance, or use or operate any gaming table or instrument; 7. Climb upon any wall, fence, shelter, seat, statue or other erection; 8. Fire or carry any firearm, firecracker, torpedo or fireworks; 9. Make a fire; 10. Enter or leave except at the established entrance-ways; 11. Enter any park for the purpose of loitering and remaining therein after 12 o’clock at night, except as, on special occasions, the occupation and use thereof may be authorized beyond the regular hours. All persons doing any act injurious to a park shall be removed therefrom by the park keepers or by the police. When necessary to the protection of life or property, the officers and keepers of the park may remove all persons from any designated part thereof. Park ordinances must be reasonable. Matter of Wright, 29 Hun, 357 ; Baldwin V. Park Comrs., N. Y. Daily Register, Apr. 8, 1891. 2G4 CODE OF ORDINANCES OF THE CITY OF NEW YORK ARTICLE 2 TRAFFIC REGULATIONS Sec. 30. Use of drives and bridle paths. § 31. Vehicles obstructing assemblies. § 32. Towing vehicles. § 33. Restrictions on certain vehicles. § 34. Public hacks, cabs and automobiles. § 35. Carriers of offensive refuse or heavy materials. § 36. Smoky motor vehicles. § 37. Park-streets. § 38. Harlem River driveway. § 39. Ocean boulevard, Bay parkway. Eastern parkway and the Brooklyn-Queens speedway. § 40. Bicyclists. § 41. Coney Island cycle paths. § 42. Instruction in driving motor vehicles or bicycles. Sec. 30. Use of drives and bridle paths. — In all parks and park- ways, the drives shall be used only by persons in pleasure vehicles, on bicycles or on horseback; the bridle paths only by persons on horseback. Animals to be used on either shall be well broken, and constantly held in such control that they may be easily and quickly turned or stopped; except as otherwise provided in this article they shall not be allowed to move at a rate of speed on the drives or bridle paths of more than 8 miles an hour. When an officer on duty shall direct, by gesture or otherwise, that, the speed of an animal or vehicle shall be checked, or that it shall be stopped, or its course altered, such direction shall be immediately obeyed. No horse or other beast of burden nor any automobile, shall be driven or suf- fered to stand anywhere except on the drive or bridle path. On all driveways and parkways where grass plots divide the way, all vehicles and horsemen must keep on the right hand drive or bridle path. § 31. Vehicles obstructing assemblies. — No owner or operator of an automobile or horse-drawn vehicle shall stop near any of the music stands or other places, in or about a park, parkway, plaza, concourse, circle or square, where any considerable number of per- sons are accustomed to congregate, or where such automobiles or vehicles would be a source of danger to life and limb, except by permission of the commissioner. § 32. Towing vehicles. — No vehicle of any kind, in tow of another vehicle or machine, shall be allowed to enter any park or to proceed along any parkway, but, in case of break-downs within a park or parkway, the disabled vehicle may be towed to the nearest point of exit. § 33. Restrictions on certain vehicles. — 1. Hearses. No hearse, no other vehicle or person carrying the body of a dead person, shall enter or be allowed in any part of a park, except by permit. 2. Public carriers. No public omnibus or express wagon, and no wagon, cart or other vehicle, carrying or ordinarily used to carry merchandise, goods, tools or rubbish shall enter such public parks. PARKS, PARKWAYS AND PARK-STREETS 265 parkways, squares or places except upon traffic roads provided for the purpose, without a permit; 3. Fire apparatus. No fire engine, or other apparatus on wheels for extinguishing fire shall enter or be allowed upon any part of the park, except the transverse and traffic roads. § 34. Public hacks, cabs and automobiles. — 1. Special permits. No automobile, stage or other vehicle shall be allowed to carry pas- sengers for hire over or upon any park or parkways, except upon traffic roads, without a permit. 2. Awaiting fares. No vehicle for hire shall stand within a park, parkway or park-street for the purpose of taking up passengers, other than those whom it has brought in, without a permit. 3. Soliciting passengers. All drivers or attendants of vehicles for hire, standing upon or within any park, parkway or park-street, shall remain in close proximity to their vehicles while so standing, and no person shall in any way solicit a passenger for any vehicle for hire in any park, parkway or park-street. § 35. Carriers of offensive refuse or heavy materials. — No garbage, ashes, manure or other offensive material shall be carried over any parkway or through any park except upon traffic roads set apart for the purpose. When such refuse is to be removed from residences fronting on any park or park-street, the vehicle collecting the same must leave the park or street as soon as the collection has been ac- complished, and within the time prescribed by the commissioner. No earth, sand or broken stone shall be carried over any parkway except on traffic roads, without a permit. § 36. Smoky motor vehicles. — No person shall be permitted to run a motor vehicle which emits offensive quantities of smoke or gas or disagreeable odors from its exhaust, or muffler, in a park or park- street. § 37. Park streets. — 1. General. No animal or vehicle shall be permitted to stand, nor shall any incumbrance of any kind be al- lowed to remain upon any street adjacent to or bounding upon any park, without a permit; except that vehicles may be permitted to take up and set down passengers, and to load and unload merchan- dise in the usual manner, and may occupy the street a reasonable time for the purpose; provided, however, that they shall not, while so doing, unnecessarily incumber the street or obstruct travel therein. 2. Special. The delivery of supplies to the residences on West 72d street. West End avenue north of 70th street, West 86th street. Riverside drive. Cathedral parkway and Morningside avenue, west, in Manhattan, and the Shore road in Brooklyn, will be per- mitted in the forenoon, but no business vehicles shall enter upon or pass over said parkways after the hour of noon, except by special permit. In passing over any of said streets, business vehicles must go directly to the place of delivery and must leave such street with- out unnecessary delay, and by the shortest route — the place of entry, if possible. The park-streets specified in this subdivision must not be used to enable business vehicles to reach places exterior to such streets. §38. Harlem River driveway. — 1. Speedway restricted. The use of the Speedway is restricted to horse-drawn pleasure vehicles and to light vehicles of the classes known as buggies, runabouts, surreys 266 CODE OF ORDINANCES OF THE CITY OF NEW YORK and other like vehicles adapted to the speeding of light harness horses, seating not more than four persons and drawn by one or two horses except by permit. Exercising carts may be used until 1 p. m., only. While bicycles may be excluded from speedway, horses ridden cannot be excluded. Dali V. Devery, 27 Misc. 149. 2. Speeding^ on Sundays and holidays, and after 3 o^clock p. m. on other days, will be permitted in one direction — from north to south only. 3. Ordinary travel. When not speeding, drivers must keep closely to the right hand side of the road and keep moving. 4. Turning forbidden except at the ends of the driveway and at the bridges. 5. Loud shouting j to make horses break or urge them on, is strictly prohibited. 6. Hobbles. The use of hobbles, or other similar device or ap- paratus to fetter or connect the legs of horses, for the purpose of restricting or hampering their motion or gait, is forbidden. 7. Crossing roadway. Pedestrians must not cross on the Speed- way; subways are provided for that purpose. § 39. Ocean boulevard, Bay parkway, Eastern parkway and the Brooklyn-Queens speedway. — 1. Business vehicles. Wagons, trucks, and other business vehicles, heavy or light, are prohibited from using the main drive of the Ocean parkway, and from using Bay parkway, between 80th street and Gravesend bay, and must use the west road at all times, and they must use the block pavement, at either side of the main road or the traffic roads of the Eastern parkway. 2. Automobiles. Automobiles will not be permitted on the Speed- way, between Bay parkway and King’s highway, on Wednesday afternoons between 1 and 6, p. m. During these hours, on Wednes- days, automobiles must take the west road. Vehicles of all other kinds except those for light harness driving shall be excluded from the Speedway during the hours herein specified. 3. Speeding. Light harness driving on the Speedway (Ocean parkway, between Bay parkway and Kings highway) shall not be restricted as to speed, on Wednesdays, between the hours of 1 and 6, p. m. ; speeding, however, is only to be permitted from Bay park- way toward Coney Island, and drivers shall be compelled to observe the rules of the road. § 40. Bicyclists. — No person shall ride a bicycle upon the foot- paths in any park or parkway. Bicyclists walking upon a foot-path may push their wheels along the path, but in no case shall the ma- chine be taken upon the turf. An ordinance forbidding bicycles in parks cannot be called unreasonable, as matter of law. Matter of Wright, 29 Hun, 357. §41. Coney Island cycle-paths. — 1. Restriction. Horses, wagons, carriages, automobiles and pedestrians must not use bicycle paths. 2. Going and returning. Cyclists and motorcyclists must use the west path when going toward Coney Island, and the east path in returning. 3. Speed limit. Cyclists and motorcyclists must not exceed a speed of 18 miles an hour on the bicycle paths. Racing on the bicycle paths is prohibited, except by special permission of the commissioner. § 42. Instruction in driving motor vehicles or bicycles. — Instruction PARKS, PARKWAYS AND PARK-STREETS 267 in operating automobiles, motorcycles, bicycles, tricycles, veloc- ipedes or other vehicles of propulsion, is prohibited in parks and parkways at all times. ARTICLE 3 BUILDING AND OTHER PROJECTIONS Sec. 60. General provisions. § 61. Fifth avenue, Manhattan. § 62. Riverside drive. Sec. 60. General provisions. — 1. Jurisdiction. Each commissioner may grant permits for the erection and maintenance of projections on any park or parkway, within his jurisdiction, and on all streets and avenues within a distance of 350 feet from the outer boundaries thereof, upon such terms and conditions and upon the making of such compensation to the city as in his discretion he may determine, with respect to the particular locality. 2. Correction of defects. Where permits have heretofore been granted upon the making of compensation and a new permit is desired to correct any irregularity, defect or supposed want of jurisdiction in the granting of such permit, a new permit may be granted without further compensation. 3. Curb and surface construction. Each commissioner may deter- mine the line of curb and the surface constructions of all streets and avenues, lying within any park or parkway, in his jurisdiction, or within a distance of 350 feet from the outer boundaries thereof, as he may deem advisable, according to the particular locality, and best calculated to maintain the beauty and utility of such park or park- way. 4. House projections. All applications for the privilege of erecting bay windows or other house projections shall be made to the com- missioner in whose administrative jurisdiction the park or parkway affected lies, who may, in his discretion, grant the same, upon pay- ment of a fee to be determined in each case by him. Working plans in duplicate, drawn to a scale of one-quarter inch to the foot, shall be required to accompany each application, showing the elevation, plans and vertical sections of extent of projection, one copy of which shall be filed in the office of the commissioner, and another shall be returned to the applicant, for filing in the appropriate bureau of buildings, upon the approval of the commissioner. No permit will be granted to cover more than 4 feet of projection beyond the house or building line, nor shall the projections occupy, longitudinally with the street or avenue, more than two-thirds of the width of the build- ing from which they project. But permanent encroachments or projections cannot be made beyond the build- ing lines. City of N. Y. v. Rice, 198 N. Y. 124; Ackerman v. True, 175 N. Y. 353. § 61. Fifth avenue, Manhattan. — Owners of property on the easterly side of Fifth avenue, between 58th and 111th streets, in the borough of Manhattan, are permitted to inclose, for courtyard purposes, and not otherwise 15 feet of the sidewalks adjacent to and in front of their respective lots; and the stoops of buildings erected on 2G8 CODE OF ORDINANCES OF THE CITY OF NEW YORK said avenue may, in such cases, project to the extent of such court- yards; provided 1. That such stoops shall, in every instance, be open above the railing or balustrade thereof; 2. That the form, size and character thereof, together with the form, size and character of the area railings, shall be subject to the approval of the commissioner; 3. That no stoop or area railing shall be constructed or put upon Fifth avenue, or upon any of the streets or avenues surrounding Central Park, within the boundaries first above mentioned, until the plan thereof has been submitted to and approved by the said com- missioner. § 62. Riverside drive. — 1. General provisions. No structure or construction of any description, nor any part thereof shall be placed or permitted on or under Riverside drive until working plans in duplicate, drawn to a scale of 34 iiich to the foot shall have been filed with the department of parks, with an application for the erec- tion or construction of the structure; said drawings to show eleva- tions, floor plans and vertical sections of the extent of projections, and that the applicant has received permission to erect the said projection, as shown on drawings from the department. 2. AreaSy courtyards, steps or stoops. No area, courtyard, step or stoop, or any part or appurtenance thereof, shall project into the drive, beyond the building line, to the extent of more than 5 feet where the sidewalk is 16 feet wide; 7 feet, where the sidewalk is 20 feet wide; 8 feet, where the sidewalk is 25 feet wide, and in proportion to the above, where the sidewalk is between 16 and 20 feet or be- tween 20 and 25 feet. No stoop or steps shall be covered, except over the landing or platform at the top, nor shall they be inclosed except by an open railing, not more than 4 feet in height. 3. Bay windows. Bay windows shall not project in the drive, beyond the building line, to the extent of more than 4 feet, and, when allowed to project into the drive, they shall not occupy, longitudinally with the drive, more than two-thirds of the width of the building from which they project. 4. Balconies, cornices and ornaments. No balcony, cornice or ornament shall project into the drive, beyond the house line, to the extent of more than 4 feet, nor shall any balcony be inclosed on the front side, except by a railing not over 4 feet in height. 5. Sub-surface constructions. No vault or other construction below the sidewalk shall be built except in such manner as shall leave the sewers, gas and water pipes, or space proposed to be occupied by the same, free and uninclosed and in safe condition, nor in any case to extend in the clear beyond the curb line. The exclusive jurisdiction of the Department of Parks over Riverside avenue was sustained in Ackerman v. True, 175 N. Y. 353. ARTICLE 4 MISCELLANEOUS Sec. 70. Trees and shrubs in streets. § 71. New York botanical garden. § 72. Violations. PARKS, PARKWAYS AND PARK-STREETS 2G9 See. 70. Trees and shrubs in streets. — 1. Plantiny. No shade or ornamental tree, or shrub, shall be f)lanted in any street until a permit therefor has been granted. No hole or excavation shall be prepared for planting any tree or shrub, unless sufficient mould of satisfactory quality shall be used, and the conditions, such as the absence of poisonous gas and deleterious substances, have been made satisfac- tory. 2. Cutting j breaking or disturbing. No stem, branch or leaf of any such tree or shrub shall be cut, broken or otherwise disturbed, nor shall the root of any such tree or shrub be disturbed or interfered with in any way, by any individual or any officer or employee of a public or private corporation, until a permit shall have been issued therefor. The surface of the ground within 3 feet of any such tree or shrub, shall not be cultivated, fertilized, paved, or given any treatment whatever, except under a permit. Reasonable and valid. Baldwin v. Park Com’rs, N. Y. Daily Register, Apr. 8, 1881. 3. Misuse. No person shall cut, deface, mutilate or in any way misuse any such tree or shrub, nor shall any horse or other animal be permitted to stand in a manner or position where it may cut, deface or mutilate the same. No building material, or other ma- terial or debris of any kind, shall be piled or maintained against any tree or shrub. No guy rope, cable or other contrivance shall be attached to any tree or shrub, nor shall any tree or shrub be used in connection with any banner, transparency, or any business pur- pose whatever, except under a permit. § 71. York botanical garden. — All provisions of this chapter, respecting the government of parks, shall be applicable to the New York botanical garden; provided, that in any case in which the com- missioner is authorized to issue a permit for the exercise of a park privilege, the permit, if authorizing the exercise of such a privilege in the New York botanical garden shall be recommended or approved by the director in chief of the garden. § 72. Violations. — Any person who shall violate anj^ provision of this chapter shall, upon conviction therefor, be punished by a fine of not more than $50, or, in default of payment of such fine, by imprisonment for not exceeding 30 days. 270 CODE OF OUDINANCES OF THE CITY OF NEW YOilK CHAPTER 18 Police Article 1. Boiler inspection. 2. Uniformed force. ARTICLE 1 BOILER INSPECTION Sec. 1. Regulation of minor steam vessels. Sec. 1. Regulation of minor steam vessels . — All boilers in vessels now used on the water in and around the city, not coming under the jurisdiction of the United States government, shall be, under the jurisdiction of the police department, which is hereby authorized and empowered to test said boilers, and examine the persons operat- ing the same as to their qualifications as engineers and firemen. Such tests of boilers, and the examination of persons operating the same, shall be conducted in accordance with such provisions of the charter and laws of the State of New York as are applicable to boilers operated on land. (C. O. § 563.) ARTICLE 2 UNIFORMED FORCE (So in original.) IlAlLllOADy 271 CHAPTER 19 Railroads Article 1. Elevated railroads. 2. Street railroads. 3. Trunk line railroads. The creation of the Public Service Commission by the Legislature, took from the Board of Aldermen many powers formerly exercised by them, and many of the former ordinances were repealed by this revision. Where the Public Service Com- mission had fixed a 15 minute interval for running street-cars, an ordinance chang- ing that to 10 minutes was not valid. City of Troy v. United Traction Co., 134 App. Div. 756, aff’d; 202 N. Y. 333. Ordinances must be reasonable and evidence should be received, when offered, to show them unreasonable. Mayor, etc., v. Dry Dock East Broadway R. R. Co., 133 N. Y. 104. See Mayor v. N. Y. Harlem R. Co., 10 Misc. 417. Where fenders were required on the front platforms of Brooklyn cars, held to be unreasonable. City of Brooklyn v. Nassau Electric Co., 38 App. Diy. 365. Unreasonable to require conductor as well as driver for care of car. Brooklyn Crosstown R. Co. v. City of Brooklyn, 37 Hun, 413. ARTICLE 1 ELEVATED RAILROADS Sec. 1. Protection of streets below structures. § 2. Violations. Sec. 1. Protection of streets below structures . — No officer, agent or employee of any elevated railroad shall permit any oil, grease, water, coals, scraps of iron, tools, or other liquid or solid substances, to fall or be dropped or be thrown from any engine, car, track, depot, structure, or other part or portion of an elevated railroad, into or upon any street or public place. § 2. Violations . — Any person being the president, superintendent, or a director or other officer, or employee of an elevated railroad company who shall violate any provision of this article, shall, upon conviction therefor, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. Many of the old o^rdinances have been dropped from this code as being super- seded by the Public Service Commission. ARTICLE 2 STREET RAILROADS Sec. 10. Head-lights. § 11. Licenses. § 12. Transfers. Sec. 10. Head4ights . — ^Each railroad company whose cars are propelled or driven within the limits of the borough of Manhattan 272 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall provide every passenger car, baggage car, freight car or other vehicle, operated by said company upon their tracks or track of other companies used by them, with a good light or lantern, which shall be placed in a conspicuous position on the front of the car, between sunset and sunrise of each day. Any such company which shall refuse or neglect to conform to the provisions of this section shall be subject to a penalty of $100 for each and every trip, or part of a trip, made by a car that is not provided with the required light. § 11. Licenses. — 1. Manhattan. For each passenger railroad car running in the borough of Manhattan, there shall be paid into the city treasury the sum of $50 annually for a license; except the one- horse passenger cars, and the cars of the Ninth Avenue Railroad Company, which shall each pay the sum of $25 annually for said license as aforesaid, and except such as pay the sum of 3 per cent, or over on their gross receipts, or where the franchise has been sold at public sale to the highest bidder. 2. Brooklyn. The amount to be paid to the city by the railroad companies in the borough of Brooklyn, for the privilege of running their cars, shall be calculated on the average number of cars running annually on each route respectively, excluding the extra cars run on holidays. 3. Long Island City. For every street or surface car, operated within the limits of that section of the city formerly known as Long Island City, there shall be paid to the comptroller a license fee of $15. (C. O. §§ 56-58, Manh. Ords.) As to small one-horse cars, see Mayor, etc., N. Y. C. v. Twenty-third St. R. Co., 62 Hun, 545. Where a license was required for horse cars from a company which was liable to pay license fees by the terms of its charter, held valid. Mayor, etc., of N. Y. V. Broadway and Seventh Ave. R. R. Co., 97 N. Y. 275, dist’g Mayor V. Second Ave., 32 N. Y. 261, and Mayor v. Third Ave., 33 N. Y. 42. As to liability of Eighth Avenue Railroad to pay license fees for cars according to its agreement with the city, see Mayor, etc., of N. Y. v. Eighth Ave. R. R. Co«, 118 N. Y. 389. Coach, as used in the old ordinance, must be reasonably interpreted to include cars now. Mayor, etc., of N. Y. v. Third Ave. R. R. Co., 117 N. Y. 404, and where the license is required of every coach it must be paid by every car, no matter what may be the mode of propulsion. City of N. Y. y. Third Ave. R. R., Greenbaum, J., N. Y. Law Journal, Feb. 25, 1904. In construing an old statute the practical con- struction in effect for years will be considered where there is ambiguity. City of N. Y. V. N. Y. City Ry. Co., 193 N. Y. 543; 124 App. Div. 936 (3 cases), afif’d. Also see 193 N. Y. 679, 680, affirming cases in 126 App. Div. 36, 39, 42. City of N. Y. V. N. Y. City Ry. Co., No. 1, 138 App. Div. 131. § 12. Transfers . — Every railroad company must carry each passenger for a single fare upon its cars, without change therefrom, to any regular stopping place desired by him, upon the car^s route in the direction of the destination so designated; and for every violation of this section there shall be recovered against the company so offending a penalty of $100; but this provision shall not apply to a transfer made to a connecting line, going in a different direction from that in which such car may be going, nor where by reason of any accident compliance with this section is rendered impossible. (C. O. §§ 503, 504.) This is the so-called “car-ahead” ordinance. Held within the powers conferred on the Board of Aldermen and that State Railroad Act was not intended to deprive city authorities from regulating similar matters within precincts of the city. City of New York v. Interurban Street Ry. Co., 86 N. Y. Supp. 673, 43 Misc. 29. See also City of New York v. N. Y. & Queens Co. R. R. Co., 89 App. Div. 442. RAILROADS 273 ARTICLE 3 TRUNK-LINE RAILROADS Sec. 30. Park avenue tunnel. § 31. Long Island railroad. § 32. Grade crossings. § 33. Obstruction of streets. § 34. Violations. Sec. 30. Park avenue tunnel, Manhattan. — No railroad company or companies using any tunnel in Park avenue, in the borough of Manhattan, nor any manager, employee or servant of such company shall permit bituminous coal smoke to escape from any locomotive while in or running through said tunnel. (§ 70, Manh. Ords.) § 31. Long Island railroad. — No freight or passenger car detached from an engine of the Long Island railroad company shall remain longer than 10 minutes in any public street. Bituminous coal shall not be used on any engine running upon said railroad. Whenever platforms are placed in the streets for accommodation of passengers, the said company shall at its own expense keep the entire street between the platform and the curb in a cleanly and passable condi- tion. This shall be construed to apply to each station and each platform wherever erected by said company within the city. (§70, Brookl. Ords. revised.) § 32. Grade crossings. — 1. The Bronx. Every person, company or corporation, operating or controlling any railroad in the borough of The Bronx, upon which cars are drawn by locomotive engines, other than those known as “dummies,’’ shall erect and maintain suitable and substantial gates or doors on either side of said railroad, at every point in said borough at which its road or tracks cross any public street, at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and shall be attended at all times during the approach and passage of cars or trains by sober, careful and experienced men, whose duty it shall be to keep the tracks clear of all horses, cattle and vehicles, to warn all the persons against crossing said tracks during the approach of any train, locomotive or car, and to close said gates or doors at least one minute before the passage of any locomotive, engine or car over said public street. No person, company or corporation, operating or controlling any railroad in the borough of The Bronx, shall run or allow to be run any locomotive or locomotive and tender without cars across any public street in said borough, unless the gates or doors at such crossing are closed or down. (§§ 67, 68, Manh. Ords.) 2. Brooklyn. At each street crossing between Lin wood street and Flatbush avenue, in the borough of Brooklyn, men shall be con- stantly stationed, at all hours of the night and day when trains are in motion, and all crosswalks between such street crossings shall be properly guarded by strong, heavy gates at least 20 feet in width, at each street crossing, which shall be closed before the passage of any engine or train. (§ 70, Brookl. Ords.) 3. Disregard of closed gates. No person shall attempt to cross the tracks of any railroad at any street crossing, while the gates for the 18 274 CODE OF OHDINANCES OF THE CITY OF NEW YOllK protection of such crossings are closed, or being closed, and the police sWl arrest any person so offending. (§ 29, Brookl. Ords.) § 33. Obstruction of streets . — No train of cars, nor any part thereof, including the locomotive and tender, shall remain or be left across or upon any street or sidewalk, so as to obstruct or prevent free travel along the same for a longer period than 5 minutes, during any period or during any hour, unless the same shall be unavoidable. § 34. Violations . — Any railroad, or the manager or any agent or employee thereof, who shall violate any provision of this article, or who shall permit the same to be violated shall be liable to a penalty of $100. Any person who shall violate the provisions of subdivision 3 of § 32 of this article shall, upon conviction thereof, be punished as provided in § 10 of chapter 27 of this ordinance. CHAPTER 20 Sanitary Code (This is given complete at the end of this Code. As the Sanitary Code is wholly within the jurisdiction of the Board of Health it was not included in the Code of Ordinances adopted by the Board of Aldermen, although it was given a chapter number as shown above.) 8EWE11IS AND DRAINS 275 CHAPTER 21 Sewers and Drains Article 1. General provisions. 2. Construction. 3. Maintenance. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Jurisdiction. Sec. 1. Jurisdiction. — All sewers and drains in streets or public places shall be under the charge of the president of the borough in which the same are situated, who shall keep the same in good order and condition, and clean and free from obstructions. He shall cause such repairs to be made to sewers, drains and to the receiving basins, culverts and openings connected therewith, as may from time to time become necessary; provided that such sewer culverts shall be cleaned at night and not in the daytime. (C. O. § 152.) ARTICLE 2 CONSTRUCTION Sec. 10. Construction generally. § 11. Private constructions. § 12. Fees for connections. § 13. Constructors; license and bond. § 14. Notice to public service corporations. § 15. Water connections. Sec. 10. Construction generally. — 1. Permit. No connection shall be made with any sewer or drain without a written permit therefor, issued by the borough president having jurisdiction. 2. Mode and materials of construction. Each borough president, within his jurisdiction, shall prescribe the mode of piercing or open- ing sewers or drains and the form, size and material of which con- nections therewith shall be composed, and shall have authority to grant permission to make lateral connections with said sewers. No person shall make any connection with, or opening into any sewer in a mode different from that prescribed therefor by the borough president, under the penalty of $50. (C. O. §§ 153, 156.) § 11. Private constructions. — Within his jurisdiction, each borough president may issue permits to persons to construct, at their own expense, sewers or drains, or to lay pipes to connect with any sewers or drains built in any street, on being furnished with the written 27G CODE OF ORDINANCES OF THE CITY OF NEW YORK consent of the owners or a majority of the property upon the street through which such sewer, drain or pipe is to pass; but such per- mission shall not be granted except upon the agreement, in writing, of the persons applying therefor, that they will comply with the provisions of chapter 23 of this ordinance, in relation to excavations in streets; that they will indemnify the city for any damages or costs to which it may be put, by reason of injuries resulting from neglect or carelessness in performing the work so permitted, and that no claim will be made by them or their successors in interest against the city, if the work so permitted shall be taken up by the authority of the board of aldermen, or for exemption from an assessment lawfully imposed for constructing sewers or drains in the vicinity of their property; and upon the further condition that the board at any time may revoke and annul such permission and direct such sewers, drains or pipes to be taken up or removed. (C. O. § 154, amend. Ord. May 6, 1913.) § 12. Fees for connections. — 1. Private. The fee to be paid to the respective borough presidents for a permit for each connection made either directly or indirectly, with any public sewer or drain, shall be as follows; In the borough of Manhattan, $10; In the borough of Brooklyn, $10; In the borough of Queens, $5; In the borough of The Bronx, $5; In the borough of Richmond, $5. No additional charge shall be made for the sewer connection to a building erected in place of one that has been removed, demolished or destroyed in whole or in part, or for extensions or alterations made to same, unless actually a new connection be required. (C. O. § 158, amend. May 6, 1913.) Five dollars held to be a reasonable fee, City of Buffalo v. Stevenson, 145 App. Div. 117. 2. Public. All plumbing contractors performing work on any municipal or public building in the city shall be exempt from charge or fees for connecting into any public sewer in any street, except a nominal charge of $10 for each such municipal or public building owned by the city. (Ord. July 2, 1912.) § 13. Constructors; license and bond . — All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the several borough presidents, in writing, to perform such work, who, before being so licensed, shall execute a bond to the city in the sum of $1,000, with one or more sureties to be approved by the borough president issuing such license, con- ditioned that they will carefully make all openings into any sewer or drain in the manner prescribed by the borough president having jurisdiction, without injuring the same; that they will leave no ob- structions of any description whatever in, and will properly close up the sewer or drain around the connection made by them and make no opening into the arch of any sewer or drain; that they will faithfully comply with the provisions of this ordinance relating to opening and excavating streets; be responsible for any damages or injuries that may accrue to persons, animals or property, by rea- SEWERS AND DRAINS 277 son of any opening in any street made by them or those in their employ, and that they will properly refill and ram the earth, and suitably restore the pavement, taken up for excavating, and re- pave the same, should it settle or become out of order within 6 months thereafter. In case any person so licensed shall neglect to repair the pavement aforesaid, within 24 hours after being notified, the borough president having jurisdiction may cause the same to be done and charge the expense thereof to such licensee. (C. O. § 157.) § 14. Notice to public service corporations. — Whenever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, or whenever any such street shall be r^ulated or graded, the contractor therefor shall give notice, in writing, of the same to such corporations, or to the one whose pipes, mains or conduits are laid in the street about being disturbed by the con- struction, alteration, or repairing of such sewer, culvert, water mains or pipes, or by the regulating or grading thereof, at least 24 hours before breaking ground therefor. (C. O. § 163.) § 15. Water connections. — All connections, with sewers or drains, us^ for the purpose of carrying off wastes from water-closets, kitchen sinks or otherwise, shall have facilities for a sufficiency of water to be properly discharged, so as to safely carry off such matters, under the penalty of $5 for each day the fixtures are permitted to remain without adequate means for such water supply. (C. O. § 159, amend. May 6, 1913.) ARTICLE 3 MAINTENANCE Sec. 20. Obstructing substances. § 21. Volatile inflammable liquids. § 22. Steam and hot water. § 23. Injury to sewers, basins and manholes. § 24. Violations. Sec. 20. Obstructing substances. — No person shall permit any substance to flow or pass into any sewer, drain or receiving basin, connecting with a public sewer, which may form a deposit tending to choke said sewer, drain or basin. (C. 0. § 158, amend. May 6, 1913.) §21. Volatile inflammable liquids. — No connection with or opening into any sewer or drain, either public or private, shall be used for the conveyance or discharge, directly or indirectly, into said sewer or drain, of any volatile inflammable liquid, gas or vapor; it being noted that a volatile inflammable liquid is any liquid that will emit an inflammable vapor at a temperature below 160 degrees Fahrenheit. (C.O. §561.) § 22. Steam and hot water. — No connection with or opening into any sewer or drain shall be used for the conveyance or discharge into said sewer or drain of steam or hot water, above 100 degrees Fahrenheit, from any boiler or engine, or from any manufactory or building in which steam is either used or generated; nor shall any 278 CODE OP ORDINANCES OF THE CITY OF NEW YORK person discharge or permit steam to escape into any sewer or drain, or into any public street, from any stopcock, valve or other open- ing in any steam pipe or main. The borough president having juris- diction of said sewer or drain is hereby authorized and directed, upon the expiration of 5 days after notice, to discontinue the dis- charge of steam or hot water from any connection, to cancel the permit for such connection, and to close up and remove the same, if the discharge of steam or hot water therefrom shall not have been discontinued. The penalty prescribed by § 24 of this article shall be imposed upon and recovered from the owner and occupants, severally and respectively, of any manufactory or building, or any corporation violating any provision of this section. (C. O. § 168.) § 23. Injury to sewerSj basins and manholes. — No person shall injure, break or remove any portion of any receiving basin, covering, flag, manhole, vent, or any part of any sewer or drain, or obstruct the mouth of any sewer or drain, nor shall any person place or deposit any substance exceeding one ton in weight upon any wharf or bulk- head through which any sewer or drain may run; nor upon or over any sewer or drain where the same shall be within 3 feet of the surface of the street. (C. O. § 160.) § 24. Violations . — Any person who shall violate any provision of this chapter shall be liable for a penalty of $50, and may also be prosecuted criminally. Any person convicted of any violation of the provisions of this article shall be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (C. O. §§ 160, 562.) STREET CLEANING 279 CHAPTER 22 Street Cleaning Article 1. General provisions. 2. Refuse and rubbish. 3. Snow and ice. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Reimbursement for removal of rubbish or snow. Sec. 1. Reimbursement for removal of rubbish or snow . — Whenever any owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground abutting upon any street or public place, where the sidewalk is paved, shall fail to comply with any provision of this chapter for the removal of snow and ice, dirt, or other material from the sidewalk and gutter on the side of the street on which such building or lot abuts, the commissioner of street cleaning, or the borough president of Queens or Richmond, as the case may be, may cause such removal to be made, meeting such expense from any suitable street cleaning or highway fund. Thereafter, the expense of such removal as to each particular lot of ground shall be ascertained and certified by the commissioner of street cleaning, or by the president of the borough of Queens or Richmond, to the comptroller, and the board of estimate may authorize such additional expenditures as may be required for the removal of the snow, dirt, or other material, to be repaid to the fund from which the payments were made, or, instead, in the borough of Queens or Richmond, to the special fund for restoring and repaving in said boroughs, if the presidents thereof so elect, with proceeds from the issue and sale of revenue bonds, which shall be sold by the comptroller, as provided by law. The commissioner of street cleaning, or borough president of Queens or Richmond, as the case may be, shall, as soon as possible, after the work is done, certify to the corporation counsel the amount of the expense therefor, chargeable against each piece of property, who shall sue and recover the amount of such expense from the owner of such property, together with a penalty of $3 for each offense. (C. 0. § 414.) ARTICLE 2 REFUSE AND RUBBISH Sec. 10. Throwing refuse into streets. § 11. Interference with deposits of rubbish or refuse. § 12. Fruit skins on sidewalks. § 13. Droppings from vehicles. 280 CODE OP ORDINANCES OF THE CITY OF NEW YORK § 14. Offensive matter. § 15. Handbills, cards and circulars. § 16. Sprinkling streets. § 17. Protection of sewers. Sec. 10. Throwing refuse into streets. — 1. Prohibited. No person or persons shall throw, cast or lay, or direct, suffer or permit any serv- ant, agent or employee to throw, cast or lay any ashes, offal, vege- tables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles or rubbish of any kind whatsoever in any street, either upon the roadway or sidewalk thereof. 2. Sidewalk sweepings. In the boroughs of Manhattan, Brooklyn and The Bronx, dust from the sidewalks may be swept into the gutter in the morning before 8 o’clock, or before the sweeping of the roadway by the department of street cleaning, if there piled; but not otherwise, and at no other time. (C. O. § 404, amend. Apr. 29, 1913.) 3. Interference with street-cleaners. No person shall prevent or interfere with any employee of the department of street cleaning in the sweeping or cleaning of any street, or in the removal therefrom of sweepings, ashes, garbage, rubbish, snow, ice or other refuse material. (Manh. Ord. § 3.) § 11. Interference with deposits of rubbish or refuse. — No person, other than an authorized employee or agent of the department of street cleaning, or the bureau of street cleaning in the boroughs of Queens or Richmond, shall disturb or remove any ashes, garbage or light refuse or rubbish placed by householders, or their tenants, or by occupants or their servants, within the stoop or area line, or in front of houses or lots, for removal, unless requested by residents of such houses. (C. O. § 405.) § 12. Fruit-skins on sidewalks. — 1. Prohibited. No person shall cast, throw or deposit on any sidewalk or crossing in any street or public place any part or portion of any fruit or vegetable or other substance, which, when stepped upon by anyone, is liable to cause, or does cause, him or her to slip or fall. (C, O. § 271 .) 2. Copy of section to be posted. The proprietor of every store, stand or other place where fruit or vegetable or other substance mentioned in subdivision 1 of this section are sold, shall keep constantly sus- pended therein or posted thereon, in some conspicuous place, a copy of this section printed in large type, so that persons purchasing any such fruit or vegetable or other substance may become aware of its provisions. (G. O. § 272.) § 13. Droppings from vehicles. — No one being the owner, driver, manager or conductor of any cart or other vehicle, or of any recep- tacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building rubbish, or hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off therefrom by the wind, in or upon any street or public place. (C. O. § 407.) STREET CLEANING 281 §14. Offensive matter . — No person shall allow any swill, brine, urine of animals or other offensive animal matter, nor any stinking, noxious liquid or other filthy matter of any kind, to run or fall into or upon any street or public place, or be taken or put therein. (San- itary Code, § 102.) § 15. HandbillSy cards and circulars. — No person shall throw, cast or distribute, or cause to be thrown, cast or distributed, any hand- bill, circular, card or other advertising matter whatsoever, in or upon any street or public place, or in a front yard or court yard, or on any stoop, or in the vestibule or any hall of any building, or in a letterbox therein; provided that nothing herein contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the postal service. (C. O. § 408, amend. July 7, 1914.) § 16. Sprinkling streets . — All persons engaged in sprinkling the streets shall be required to contract with the commissioner of water supply, gas and electricity for the purchase and sale of the water necessary therefor, and to obtain the approval of the president of the borough to such contract, but in no case shall more water be con- tracted for or used than shall be sufficient thoroughly to lay the dust on such streets. Every street railroad corporation in the boroughs of Richmond and Queens shall sprinkle the pavement between its tracks and rails when and as often as directed by the superintendent of highways. Water shall be furnished for this purpose free of charge by the city. (C. O. § 406.) § 17. Protection of sewers . — Every person, when cleaning any street, shall clean, and every contractor shall cause to be cleaned, the gutters and parts of the street along which the water will run, before using any water to wash the same; and no substance that could have been scraped away shall be washed or allowed to be carried or be put into the sewer, or into any receptacle therewith connected. (San. Code, § 39, C. O. § 162.) ARTICLE 3 SNOW AND ICE Sec. 20. Removal from roadways and crosswalks. § 21. Property owners’ duties. § 22. Street railroad companies; responsibilities of. § 23. Salting tracks. § 24. Dumping. This is the so-called ‘'snow and ice” ordinance. Section 690, R. O. 1897, re- quired the removal to be within eight hours. Section 317 of ch. 8, R. O. 1880, only allowed four hours. The ordinance has been frequently amended. May 16, 1882; July 9, 1888, and March 18, 1902. The city is authorized to pass such a law as a police regulation, section 43, Greater New York Charter, and when within the power delegated to it by the legislature such an ordinance has equal force and effect as a statute of the legislature. Village of Carthage v. Frederick, 122 N. Y. 268. Although a sidewalk be not flagged in its entire width, an owner must clean off the flagged portions. City of N. Y. v. Brown, 27 Misc. 218. City not liable for failure to clear sidewalk immediately of ice, may wait reasonable time for abutting owner to do so and weather to moderate. Cuff v. City of Elmira, 126 App. Div. 539. City’s liability discussed. Winckler v. City of N. Y., 129 App. Div. 45. No attempt is made here to collate cases in which similar ordinances are applied as these are very numerous and to be found in works on Negligence and Municipal Corporations. 282 CODE OF ORDINANCES OF THE CITY OP NEW YORK Sec. 20. Removal from roadways and crosswalks . — The commis- sioner of street cleaning and the borough presidents of Queens and Richmond, immediately after every snowfall or the formation of ice on the crosswalks or in culverts, paved streets or public places, shall forthwith cause the removal of the same, and shall keep all crosswalks and culverts clean and free from obstruction. (C. O. § 415.) §21. Property owners' duties. — 1. Must clear sidewalks. Every owner, lessee, tenant, occupant, or other person having charge of any building or lot of ground in the city, abutting upon any street or public place where the sidewalk is paved, shall, within 4 hours after the snow ceases to fall, or after the deposit of any dirt or other material upon said sidewalk, remove the snow and ice, dirt or other material from the sidewalk and gutter, the time between 9 p. m. and 7 a. m. not being included in the above period of 4 hours; provided, however, that such removal shall in all cases be made before the removal of snow and ice from the roadway by the commissioner of street cleaning, or by the borough president of Queens or Richmond, or subject to the regulations of said commissioner of street cleaning, or of said borough president of Queens or Richmond, for the removal of snow and ice, dirt and other material; except that in the boroughs of Queens and Richmond any owner, lessee, tenant or occupant or other person who has charge of any ground abutting upon any paved street or public place, for a linear distance of 500 feet or more, shall be considered to have complied with this section, if such person shall have begun to remove the snow and ice from the sidewalk and gutter before the expiration of the said 4 hours, and shall continue and complete such removal within a reasonable time. (C. O. § 409.) 2. May use ashes, etc. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed, without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid, niay, within the time specified in the preceding subdivision, cause the side- walk abutting on the said premises to be strewn with ashes, sand, sawdust, or some similar suitable material, and shall, as soon there- after as the weather shall permit, thoroughly clean said sidewalks. (C. O. § 410.) § 22. Street railroad companies; responsibilities of. — 1. Co-operation in snow-removal. Every street railroad corporation shall remove all the snow and ice from its tracks and the spaces between, and shall not throw the same on either side thereof, but shall immediately carry away and dispose of the same under the direction of the commissioner of street cleaning, or the borough president of Queens or Richmond, under a fine of $100 for every city block in length in which the said corporation shall fail to so remove and dispose of the same, as afore- said; provided, however, that, for the more speedy and effective removal of snow and ice from the paved streets and public places of the city, the commissioner of street cleaning and the borough presi- dents of Queens and Richmond shall have power and authority, in their respective jurisdictions, to enter into agreements for the entire winter season, or part thereof, with any street surface railroad or other railroad having tracks in the city, for the removal of snow and ice for the entire width of the street or public place, from house-line to house-line, at any part of the route of the said railroad, but noth- STREET CLEANING 283 ing in any such agreement shall be inconsistent with any law of the State of New York or with any right of the city. (C. O. § 416.) 2. Use of snow plows and rotary sweepers. No surface railroad company or other company, or any corporation or person whatever, or the officers, agents or servants thereof, shall cause or allow any snow plow, sweeping machine or other similar instrument to pass over the tracks or lines used by them within the limits of the city, unless by the written permit of the commissioner of street cleaning or the borough president of Queens or Richmond; any violation of this provision shall be punished by a fine not exceeding $100 for each such offense. No such permit or renewal thereof shall be granted except upon the condition and agreement, upon the part of the company applying for such permit or renewal, that the party to whom the same has been granted shall and will, at its own expense, promptly remove and carry away the snow thrown up by such plow or machine, and that such snow plow, sweeping machine or other instrument shall be so constructed as not to throw any slush or snow upon sidewalks or buildings, under a penalty of $10 for every house, or sidewalk in front thereof, upon which slush or snow shall be thrown. No such permit or renewal shall be granted unless the party to whom granted shall expressly covenant, stipulate and agree that, in case of its failure, neglect or omission to remove promptly and carry away the snow and ice thrown up by such snow plow or other instrument, then the same may be removed under the direction of the commissioner of street cleaning or the borough president of Queens or Richmond, and the expense of removing the same shall be paid by the party to the commissioner or the borough president, on demand. The board of estimate may au- thorize that the amount or amounts of money so paid shall be credited to the appropriation, in the respective boroughs, for the removal of snow and ice; but nothing herein contained shall be deemed to prohibit the commissioner or a borough president from demanding, before issuing said permit and as a condition thereof, the deposit of such sum of money or other security as in his judgment may be necessary to pay the cost of properly performing the work above mentioned, together with the expense of the inspection thereof. In case of neglect or refusal or omission of the party to whom such permit may be granted promptly to remove and to carry away the snow and ice thrown up by such plow or other instrument, then the commissioner of street cleaning, or the borough president of Queens or Richmond may forthwith cause the same to be removed at the public expense, and all expenditures made or incurred therefor shall be chargeable upon the party so neglecting, refusing or omitting to perform his agreement, and shall be recoverable by an action at law on behalf of the city, and when so recovered shall be placed to the credit of the department of street cleaning or the bureau of street cleaning in the boroughs of Queens or Richmond, as the case may be, to supply the deficiency occasioned by such additional expenditure. (C. O. § 417.) 3. Obstructing^ tracks. No person shall throw, place or pile, or assist others in throwing, placing or piling any snow, ice or other impedi- ment or obstruction to the running of cars upon the tracks of any railroad company, or in the space between the rails thereof, or in 284 CODE OF ORDINANCES OF THE CITY OF NEW YORK the Space between the tracks and a line distant 3 feet outside of such rails. (C. O. § 412.) § 23. Salting tracks . — No person shall throw, expose or place, nor cause or procure to be thrown, exposed or placed in or upon any street, or public place, except upon the curves, crossings or switches of railroad tracks, any salt, saltpetre, or other substance for the purpose of dissolving any snow or ice which may have fallen or been deposited thereon; nor shall any person throw or place upon the curves, crossings or switches of railroad tracks any salt, saltpetre or other substance, for the purpose of dissolving snow or ice, unless permission therefor be first obtained from the borough president having jurisdiction. (C. O. § 413.) § 24. Dumping . — All contractors and other persons, no matter how termed, are hereby forbidden, restrained and are never to be permitted to dump, throw, empty, convey or cause to be conveyed, for the purpose of dumping, any snow, ice or water in a vacant lot or tract of land, if such lot or tract of land shall be within a radius of 300 feet of a dwelling, factory, school, public building or any place of business. (C. O. § 411.) STREETS 285 CHAPTER 23 Streets Article 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. 16. 17. 18. General provisions. Advertisements, placards and posters. Assemblies. Auctions and other sales. Awnings. Boundaries and monuments. Construction and repair. Disturbance of surface. Excavation. House numbering. Lights. Noises. Obstructions and encumbrances. Projections and encroachments. Sidewalks. Signs and show-bills. Vaults and cisterns. Miscellaneous. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Temporary closing of streets. § 2. Unsafe conditions; notice. § 3. Barriers, guards and lights. § 4. Liability for damage. § 5. Violations. Sec. 1. Temporary closing of street. — Each borough president is empowered to close temporarily to traffic any street, or a portion thereof, within his jurisdiction when, in his judgment, travel in the same is deemed to be dangerous to life, in consequence of there being carried on in said street, building operations, repairs to street pavements, sewer connections, or blasting for the purpose of re- moving rock from abutting property. (C. O. § 100.) § 2. Unsafe conditions; notice. — Whenever any person shall have authority, under any contract with the city or any officer thereof, or under any permit, to remove the pavement from or to excavate, occupy or use any part of a public street, so as to obstruct travel therein, he shall erect, or cause to be erected, suitable notices of the obstruction in conspicuous positions, at all points of intersection of such street with the cross-streets nearest to the obstruction, which notice shall be in the form prescribed by the borough presi- dent having jurisdiction. (C. O. § 142.) § 3. Barriers, guards and lights. — 1. Barriers and guards. Every per- 286 CODE OF ORDINANCES OF THE CITY OF NEW YORK son engaged in digging down or paving any street, or building therein any sewer, drain or trench for any purpose, under contract with the city or by virtue of any permit that may have been granted by any department, board or officer of the city, shall erect such a fence or railing about the excavation or work as shall prevent danger to persons travelling the street, while the work is left exposed and would be dangerous, and any such railing or fence shall be continued and maintained until the work shall be completed or the obstruction or danger removed. (C. O. §§ 142, 209.) 2. Extent of enclosure. The extent to which such railing or fence shall be built in the several cases is hereby defined as follows, to wit. (a) In digging down any street or road, by placing the barrier along the upper bank of such excavation, or by extending the fence as far across the street as may be necessary to prevent persons from traveling on such portion as would be dangerous; (b) In paving any street, by extending such railing or fence across the carriageway of such street, or, if but a portion of the width of such carriageway be obstructed, across such portion, in which case the obstruction shall be so arranged as to leave a passageway through, as nearly as may be, of uniform width; (c) In building a sewer, by placing the barrier across the carriage- way at the ends of such excavation as shall be made; (d) In building vaults, by inclosing the excavation and the ground taken therefrom. (C. O. § 211.) 3. Lights. At twilight, there shall be placed upon each such rail- ing or fence, and upon building materials, posts, poles, pipes or other obstructions in any street or public place, suitable and sufficient lights, which shall be kept burning through the night during the existence of the obstruction. (C. O. § 209.) 4. Disturbance j prohibited. No person shall throw down, displace or remove any barrier, guard or railing, or extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the borough president having jurisdiction of the street in which any obstruction is placed, or without the con- sent of the person superintending the work or materials protected thereby. (C. O. § 140.) 5. Restriction. Nothing contained in this section shall be con- strued to authorize any person to stop up or obstruct more than the space of one continuous block and one intersection, at the same time, in any one street, or to keep the same so stopped up for more than 2 days after the roadway is finished, unless by special permit of the borough president. (C. O. § 141.) 6. Application of section. The provisions of this section shall apply to every person engaged in building any vault, or constructing any lateral drain to any public sewer, or who shall do or perform any work causing obstructions in a public street, by virtue of any permit from any department, board or officer of the city, and also to all persons engaged in performing any work in behalf of the city, whereby obstructions or excavations shall be made in public streets. (C. O. § 210.) 7. Enforcement of section. The borough president having juris- diction of any work referred to in this section shall see to it that all the foregoing requirements are complied with, and he shall make STREETS 287 immediate complaint to the corporation counsel of any violation thereof, under the penalty of $50 for each and every neglect. (C. O. §§ 213, 214.) § 4. Liability for damage. — In all cases where any person shall perform any of the work mentioned in the preceding section, either under contract with the city or by virtue of permission obtained from any department, board or officer of the city, such persons shall be answerable for any damage which may be occasioned to persons, animals or property by reason of carelessness in any manner connected with the work. § 5. Violations. — Any person violating any provision of this article shall, upon conviction therefor, be punished by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both such fine and imprisonment. (C. O. § 209 in part.) ARTICLE 2 ADVERTISEMENTS, PLACARDS AND POSTERS Sec. 10. Posting. § 11. Protection of city advertisements. § 12. Theatrical bill-boards, Brooklyn. Sec. 10. Posting. — No person shall paste, post, paint, print or nail upon any curb, gutter, flag stone, tree, lamp-post, awning post, horse post, telegraph pole, barrel, box or hydrant, in any street or public place, any handbill, poster, notice, sign or advertisement. (C. O. § 548.) § 11. Protection of city advertisements. — No person shall tear down, deface or destroy any notice, handbill or poster, put up or posted by or under the direction of the board of alderman, or by or under the direction of any other city department, bureau, board or officer. (Arverne Ords. § 18.) § 12. Theatrical hill-hoards, Brooklyn. — In the borough of Brook- lyn, billboards or signs (not exceeding 2 in number), to advertise theatrical performances or public entertainments, may be placed upon the sidewalk in front of theatres and places of public entertain- ment adjacent to the building line; but neither of said billboards or sings shall occupy a space across the sidewalk of more than 9 inches, nor more than 3 feet in width parallel to the street, and they shall not be less than 15 feet apart. (Brookl. Ords. § 81.) ARTICLE 3 ASSEMBLIES Sec. 20. Public worship. § 21. Interference with street services. § 22. Street shows. § 23. Loafers and loungers. 288 CODE OF ORDINANCES OF THE CITY OF NEW YORK Sec. 20. Public worship. — No person shall be concerned or in- strumental in collecting or promoting any assemblage of persons for public worship or exhortation, or under any pretense therefor, in any park, street, or other public place; provided, that a clergy- man or minister of any denomination, or any person responsible to or regularly associated with any church or incorporated mission- ary society, or any lay-preacher, or lay-reader may conduct religious services in any public place or places specified in a permit therefor which may be granted and issued by the police commissioner. This section shall not be construed to prevent any congregation of the Baptist denomination from assembling in a proper place for the purpose of performing the rites of baptism, according to the cere- monies of that church. (C. O. §§ 494, 497, 498.) Salvation Army meeting not a nuisance. People v. City of Rochester, 44 Hun, 166. § 21. Interference with street services.— person shall disturb, molest or interrupt any clergyman, minister, missionary, lay-preacher or lay-reader who shall be conducting religious services by authority of a permit, issued as prescribed by this article, or any minister or people who shall be performing the rite of baptism as permitted by the preceding section, nor shall any person commit any riot or dis- order in any such assembly. (C. O. § 499.) § 22. Street shows. — No person shall, from any window or open space of any house, exhibit to the public upon the street, or the side- walk thereof, any performance of puppet or other figures, ballet or other dancing, comedy, farce, show with moving figures, play or other entertainment. (C. O. § 40 revised.) § 23. Loafers and loungers. — No person shall encumber or obstruct any street or other public place by loafing or lounging in or about the same, to the annoyance of passers-by. (Brookl. Ords. § 23.) ARTICLE 4 AUCTIONS AND OTHER SALES Sec. 30. Auctions. § 31. Vending and selling of salted meat, fish, etc. Sec. 30. Auctions.— \. Restrictions. No auctioneer, nor his agent, employee or servant shall (a) Sell or expose for sale, at public auction or vendue, any dry- goods, clothing, hardware, household furniture, woodenware or tinware, by retail or in small parcels or pieces, in any street or pub- lic place (C. O. § 538); (b) Sell or expose for sale at public auction any goods, wares, merchandise or other things whatsoever to any person or persons who, at the time of bidding for or while examining the same, shall be on the sidewalk or carriageway of any street; (c) Sell at auction or expose for sale or lay or place any goods, wares, merchandise or other thing in any street or public place, unless such person shall first obtain the consent or permission, m writing, of the occupant of the lot or building before which su^ articles or any part thereof shall be placed or exposed for sale. (C. 0. § 534.) STREETS 289 2. Attracting purchasers. No bellman or crier, nor any drum, fife, or other instrument of music, or any show-signal or means of attracting the attention of purchasers, other than a sign or flag, shall be employed, or suffered or permitted to be used at or near any place of sale, auction room, residence of an auctioneer, nor at or near any auction whatsoever. (C. O. § 537.) 3. Removal of goods. Every article exposed for sale at public auction, or sold in any street or pubhc place, shall be removed from the same by the setting of the sun of the day of selling or exposing for sale. (C. O. § 536.) Valid. City of Buffalo v. Marion, 13 Misc. 639. § 31. Vending and selling salted meat and fishy etc. — No person shall sell, expose for sale, lay or place in any street or public place, at any time between June 1st and November 1st in any year, any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool. (C. O. § 535.) ARTICLE 5 AWNINGS Sec. 40. Permanent awnings. § 41. Construction of permanent awnings. § 42. Drop awnings. § 43. Temporary awnings. § 44. Violations. Sec. 40. Permanent awnings. — 1. General provisions. Subject to the exceptions and conditions provided in this article, permanent awnings may be erected across the sidewalk of any street; provided that the awning, or any part thereof shall not extend higher than the floor of the second story of the building, counting the ground floor as the first floor. 2. Exceptions. No awning shall be constructed or maintained upon the streets in the borough of Manhattan known as Broadway, Fifth avenue, Madison avenue, the Bowery, and those parts of Lexington avenue that are 200 feet distant from any intersecting cross street upon which street railroad cars are operated. (Ord. Sept. 24, 1912.) 3. Liability. Any person, firm or corporation erecting any awning hereunder shall be liable for all loss or damage that may happen or come, by reason of the erection and maintenance of the same. (C. O. § 254.) Awnings in the city streets have been the subject of several adjudications. By section 50 of the Greater New York Charter (L. 1901, chap. 466) the Board of Aldermen is given power to “regulate the use of the streets for . . . awnings, awning-posts,” etc. While the Charter says there shall be no “permanent obstruc- tions” in the streets, this has been held not to apply to awnings where authorized expressly, and the public authorities will be restrained from tearing down an awn- ing built in conformity with the ordinances. Hoey v. Gilroy, 129 N. Y. 132. Even though an awning may have stood longer than twenty years, if not erected in ac- cordance with the law, the municipal authorities may remove it. Simis v. Brook- field, 13 Misc. 569. For such an one is a nuisance which the public authorities have no power to permit. Farrell v. New York, 20 St. Rep. 12, aff’d 22 St. Rep. 469. The public sidewalks are held in trust for the use of the public and awnings 19 290 CODE OF ORDINANCES OF THE CITY OF NEW YORK for private parties cannot be permitted thereon where they unreasonably create a nuisance (1873). Trenor v. Jackson, 15 Abb. Pr. N. S. 115. An awning, although erected under a permit from the municipal authorities, must not interfere with the adjacent owner in his reasonable enjoyment of his property. Lavery v. Hanigan, 52 Super. Ct. (20 J. & S.) 463. See cases cited under § 140. § 41. Construction of 'permanent awnings. — 1. Posts. Iron posts for awnings erected in any street shall be well and securely braced from the building with wrought iron rails or rods at least 1 inch in diameter, in the proportion of one brace for every post. All posts fixed in any street for the purpose of supporting any awning shall be of iron not exceeding 6 inches in diameter, and the rail crossing the same shall also be of iron; the said posts shall be placed next to and along the inside of the curbstone, and the cross rail, which is intended to support the awning, shall not be less than 8 nor more than 10 feet in height above the sidewalk, and shall be strongly secured to the upright post. (C. O. §§ 256, 257.) 2. Covering. Awnings shall be covered with canvas, or tin or other light metal, but in no case with wood, and in no case shall any portion of the canvas, cloth, tin or other material used in connection with an awning be permitted to hang loosely or project upward or downward over the sidewalk. Every permanent awning that may be con- structed upon Lexington avenue, in the borough of Manhattan, shall be of steel with a roof of glass. (C. O. § 252.) 3. Watershed. Every awning of any kind, covering one-half or more than one-half, or less than the full width of the sidewalk shall have connected therewith a gutter and leader, of material and size sufficient for conducting water from the same to the outer line of the curb. (C. O. § 252.) 4. Borough presidents control. All awnings erected pursuant to this article shall be erected only with the consent and subject to the supervision of the president of the borough wherein such awnings are to be erected. Each borough president shaU order and direct the immediate removal of any awning or any awning post or bracket constructed or erected in his borough in violation of the provisions of this article. 5. Saving clause. Any awning, water-shed or curtain attached thereto, erected or constructed according to the provisions of any ordinance or resolution in force at the time this ordinance shall take effect, shall not be affected by the provisions of this section. (C. O. § 259.) § 42. Drop awnings. — Drop awnings, without vertical supports, are permitted within stoop-lines, but shall in no case extend beyond 6 feet from the house-line, and shall be at least 6 feet in the clear above the sidewalk. (C. O. § 263 in part.) § 43. Temporary awnings. — Awnings, with or without side cover- ings, may be from time to time erected and maintained across the sidewalk of any street for temporary use as a protection, during inclement weather only; provided, however, that such awning shall be made of canvas or cloth and shall be supported by upright posts of iron not exceeding 6 inches in diameter and not less than 8 nor more than 10 feet in height above the sidewalk and shall not be wider than the entrance of the building in connection with which it is to be used and shall leave sufficient space for the passage of pedestrians. (C. O. § 259a.) STREETS 291 § 44. Violations. — No person shall violate any provision of this article, or refuse or neglect to comply with any order of a borough president made thereunder, under the penalty of $10 for each offense. No such violation shall be continued after notice to the perpetrator thereof under penalty of $10 for each day the same shall be con- tinued. (C. 0..§ 379 revised.) ARTICLE 6 BOUNDARIES AND MONUMENTS Sec. 50. Excavations or embankments near landmarks. § 51. Removal or covering up of landmarks. § 52. Violations. Sec. 50. Excavations or embankments near layidmarks. — No excava- tion or embankment shall be made, nor shall any pavement or flagging be laid or moved by any person, within 3 feet of any monu- ment or bolt, which has been set, by proper authority or designated on any official map, as a landmark to denote street lines within the city, unless a permit therefor has been obtained from the president of the borough in which the monument or bolt is situated. Applica- tions for such permits shall be in writing, and shall set forth the nature of the work proposed, and the location of all monuments or other landmarks affected thereby. Thereupon, the borough president shall cause one of the city surveyors or an engineer in his department to take such measurements and field notes as may be necessary to restore such monuments or bolts to their correct position, after the completion of the contemplated work, and, when such measurements and field notes have been taken, but not before, the required permit shall be issued. (C. O. §§ 109, 110.) Each borough president shall cause a covenant to be incorporated in all contracts hereafter made by him for constructing, regulating or repairing any street, requiring the contractor to obtain the permit above required and to take such other precautions for the care and preservation of monuments, bolts and other landmarks as the bor- ough president may direct. (C. O. § 108.) § 51. Removal or covering up of landmarks. — No person or persons shall remove or cover up a monument or bolt for designating any street, without giving 3 days’ notice in writing of his intention so to do to the president of the borough in which the monument or bolt is situated. Upon receiving such a notice, the borough president shall cause one of the city surveyors, or an engineer in his department, to take the necessary measures to raise or lower such monument or bolt to the proper grade of the street and, when necessary, to cause such alteration to be noted on records to be kept in his office for that purpose. Whenever a borough president shall ascertain that any monurnent or bolt has been removed, without such notice, he shall forthwith cause the same to be placed in its proper position, and shall note the same on the records in the manner before stated. The expenses attending such replacement shall be paid by the comptroller, on the certificate of the borough president causing the work to be done. (C. O. §§ 106, 107, 111, 112.) 292 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 52. Violations. — Any person who shall make any excavation or embankment, or lay or take up any pavement or flagging within 3 feet of any monument, bolt or other landmark, without having first obtained a permit to perform such work, or who shall in any way remove or deface any monument, bolt or other landmark, shall be punished for each offense by a fine of $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (C. O. § 113, revised.) ARTICLE 7 CONSTRUCTION AND REPAIR Sec. 60. Paving, generally. § 61. Paving by abutting owners. § 62. Curbing. § 63. Gutter-stones. § 64. Width of streets in Brooklyn. § 65. Removal of debris. Sec. 60. Paving, generally. — All streets of 22 feet in width and upward, and, when required to be paved by competent authority, all other streets or alleys of less width shall be paved and arched in full accordance with standard specifications for such work, which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (C. O. §§ 132, 135.) § 61. Paving by abutting owners. — Any citizen or number of citizens shall be allowed to pave the street opposite to his or their property, where the same shall extend from the intersection of one cross street to the intersection of another; provided the same be done in conformity to the regulations of the president of the borough in which such street is located and subject to such conditions as he may impose. (C. O. § 134.) § 62. Curbing. — All curbing for the support of sidewalks hereafter to be laid shall be of the material or materials, dimensions and con- struction required in standard specifications for such work, which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (New.) § 63. Gutter-stones. — 1. Laying. All gutter-stones hereafter laid shall be of the best hard blue stone or granite, at least 30 inches in length, 14 inches in width, and 6 inches thick, and shall be cut to a fair and level surface without windings, with true and parallel sides, and the ends square so as to form tight and close joints; under the penalty of $10, to be sued for and recovered from the person or persons laying the same and the owner or owners of the lot fronting on the sidewalk or street, severally and respectively. (C. O. § 125.) 2. Regulating. If any street, when paved, shall not exactly range, the gutter or outside of the footpath or sidewalk, shall be laid out and made as nearly in a straight line as the street will permit; the ascent and descent of the same shall be regulated by the president of the borough in which the same is located, and a profile thereof, with the regulations distinctly marked therein, shall be deposited and kept in the office of the borough president regulating the same. (C. O. § 126.) STREETS 293 § 64. Width of streets in Brooklyn . — The widths of the roadways and the sidewalks of the streets in the Twenty-ninth and Thirty- second wards of the borough of Brooklyn are hereby fixed at the dimensions prescribed by the ordinances of the former city of Brook- lyn, instead of the dimensions indicated upon the title pages of the maps of the former towns of Flatbush, New Utrecht, Gravesend and Flatlands, except in the case of the following named streets and avenues, where the width of roadways and sidewalks shall remain as shown upon the above mentioned town survey maps and where the streets have already been paved, namely : Thirteenth avenue, within the limits of the Twenty-ninth ward; Sixteenth avenue, within the limits of the Twenty-ninth ward; Malbone street, within the limits of the Twenty-ninth ward; East New York avenue, within the limits of the Twenty-ninth ward; Church avenue, for its entire length; Tilden avenue (formerly Vernon avenue), between Flatbush avenue and Holy Cross cemetery; Cortelyou road, for its entire length; Clarendon road, for its entire length; Avenue E (or Ditmas avenue), between Coney Island avenue and West avenue and between Remsen avenue and Rockaway avenue; Avenue F, between Rogers avenue and Ocean avenue; Flatlands avenue, within the limits of the Thirty-second ward; Rogers avenue, from Malbone street to Flatbush avenue; New York avenue, from Malbone street to Church avenue; Albany avenue, from Malbone street to its southerly end; Utica avenue, from East New York avenue to Flatbush avenue; Ralph avenue, from Remsen avenue to Avenue T; Remsen avenue, for its entire length; East Ninety-second street, for its entire length; Rockaway parkway, for its entire length ; Avenue T, between Ralph avenue and Flatbush avenue; Flatbush avenue, between Malbone street and Jamaica bay; Nostrand avenue, from Malbone street to the boundary line between Thirty-first and Thirty-second wards; Coney Island avenue, within the limits of the Twenty-ninth ward ; Brooklyn avenue, from Church avenue to Avenue C; East Ninety-third street, from Avenue N to Jamaica bay; East Ninety-eighth street, for its entire length; Avenue N. from Remsen avenue to East Ninety- third street, and from Flatbush avenue to Avenue U; Avenue U, from Avenue N to Jamaica bay ; Linden avenue, from East Ninety-second street to Rockaway parkway; Avenue A, within the limits of the Thirty-second ward. (Brookl. Ords. § 14.) § 65. Removal of debris . — Any person, other than the commissioner of water supply, gas and electricity, who may hereafter pave, or cause to be paved any street, shall have the sand, dirt or rubbish cleaned off such street and every part thereof, within 12 days after the pavement shall have been completed, under a penalty of S25 294 CODE OF ORDINANCES OF THE CITY OF NEW YORK for each violation of this provision; and in addition thereto, the president of the borough in which the work has been done shall cause the debris thereof to be removed at the expense of the party neglect- ing or refusing so to do, who shall be liable in an appropriate action at law for the recovery of the amount expended by the city. This section shall be so construed as to apply to the removal of all sand, dirt or rubbish collected in any part of any and all streets covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof; and no account for paving, in pursuance of this section, shall be accepted as completed unless the city official making the contract shall certify that this section has been fully complied with. (C. O. §§ 136, 137.) ARTICLE 8 DISTURBANCE OF SURFACE Sec. 80. General provisions. § 81. Prevention of disturbances of street surface. § 82. Violations. Sec. 80. General provisions. — No person, without being previously authorized by a permit of the president of the borough, having jurisdiction, shall fill in or raise, or cause to be filled in or raised, any street or public place, or any part of such street or public place, or take up, remove, or carry away, or cause to be taken up, removed or carried away, any asphalt or asphalt blocks, flagstones, turf, stone, gravel, sand, clay or earth from any such street or public place. (Port Richmond Ords. § 3, made general.) §81. Prevention of disturbance of street surface. — Whenever any persons shall attempt to take up the pavement of any street or re- move any part of the paving thereof, without a permit, the borough president having jurisdiction shall take immediate steps to prevent such disturbance of the surface of the street, and shall forthwith restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal as aforesaid, at the expense of the party removing the same, to be re- covered as penalties are covered. (C. O. § 147.) A fee of $5.00 for permit to open pavement is a valid exercise of police power. Buffalo V. Stevenson, 207 N. Y. 258. § 82. Violations. — Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (New Brighton Ords. § 6.) ARTICLE 9 EXCAVATIONS Sec. 90. Permit required. § 91. Deposits to cover cost of restoration of pavement. § 92. Restrictions; borough of Richmond. STREETS 295 § 93. Workmen on excavations. § 94. Excavations for public works. § 95. Excavations for private purposes. § 96. Replacement of pavement. § 97. Fees; borough of Richmond. § 98. Enforcement of article. Sec. 90. Permit required. — No water company, gas company, telephone or electric light company, nor any person or association of persons shall be allowed to dig up any street or public place, for any purpose, without a written permit from the president of the borough in which the work is to be done. (C. O. § 148 revised.) §91. Deposits to cover cost of restoration of pavement. — 1. When required. Each borough president, whenever granting a permit for any excavation, opening or disturbance of the pavement of the pavement of the carriageway of any street or sidewalk thereof, for any purpose whatever, except in cases where such opening, excava- tion or disturbance shall be directly authorized by law, shall require, of the person by whom or for whose benefit any excavation or open- ing is to be made, a deposit of such sum as shall be deemed sufficient to cover and pay all the expenses on the part of the department granting the permit, as the case may be, for furnishing such material, doing such work, and taking such means as shall be required to properly restore and secure against sinkage the street and sidewalk, pavement, curb and flagging necessary to be replaced in consequence of making such excavation, opening or disturbance; which deposit shall be a full discharge of all liability and claim against the person making such deposit and payment for the work herein provided for and required of the department aforesaid. (C. O. § 148.) 2. Deposits go to chamberlain. All moneys received as deposits under the preceding subdivision shall be turned over to the chamber- lain, who shall keep an account of the same, which shall be separate and distinct from all other funds and accounts whatsoever, and such deposits shall constitute a Special Fund,^^ in respect to each department separately, which is hereby created and established subject to such payments as hereinafter provided for. (C. O. § 149.) 3. Disbursements from deposits. Such sums as shall be certified by the borough presidents to have been necessarily expended by them for any repaving done, pursuant to this article, shall be paid from the appropriate ‘^Special Fund,” upon the requisition of the borough presidents, as the case may be, after examination, audit and allowance of accounts by the finance department, in the same manner that payments are or shall be required by law to be made from the city treasury; provided that the amount so certified and paid shall not exceed the aggregate amount of such “Special Fund.” (C. O. § 151.) § 92. Restrictions; borough of Richmond. — ^The following shall apply to all excavations made in streets in the borough of Richmond: 1. Extent of opening. At the intersection of cross streets, not inore than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. (Richmond Ords. §8.) 296 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2. Hydrants and mail boxes. All work shall be so prosecuted as not to interfere with easy access to fire hydrants and United States mail boxes. (Id. § 9.) 3. Snow removal. The person or corporation to whom a permit for street opening is granted must remove, within 24 hours, all snow and ice that may fall or form upon the street within 5 feet upon either side of the opening and keep the space free from snow and ice until the opening is properly refilled. (Id. § 21.) 4. Tunnelling. Tunnelling under crosswalks and railroad tracks shall not be allowed at any time. The bridge stones forming cross- walks must be removed and placed out of the way of street traffic, being carefully relaid and thoroughly bedded when the work is com- pleted. (Id. § 7.) § 93. Workmen on excavations. — A person to whom consent may be granted, or a permit issued to use or open a street, shall be re- quired, before such consent or permit may be granted or issued, to agree that none but competent men, skilled in the work required of them, shall be employed thereon, and that the prevailing scale of union wages shall be paid to those so employed. No consent shall be granted or permission given until such agreement shall have been entered into, with the department having jurisdiction over the street to be so used or opened, and all such permits hereafter issued shall include therein a copy of this provision. (C. O. § 113a.) § 94. Excavations for public works. — 1. Notice to public service corporations. Whenever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, or whenever any such street shall be regulated or graded, the contractor therefor shall give notice thereof in writing to the said corporations, or to the one whose pipes, mains or conduits are laid in the street about to be so disturbed, regulated or graded, at least 24 hours before breaking ground therefor. This provision shall be included in every contract hereafter made for constructing, altering or repairing any sewer or culvert, water main or pipe, in any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract, or for regulating or grading any such street. (C. O. §§ 163, 165.) 2. Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disf;Urbed by the constructing, altering or repairing of any sewer, culvert, water main or pipe, or by the regulating or grading of any street, shall, on the receipt of the notice provided for in the preced- ing subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected there- with or attached thereto, where necessary, under the direction of the borough president. (C. O. § 164.) § 95. Excavations for private purposes. — 1. Notice to public service corporations. The person by whom or for whose benefit any excava- tion is to be made in any street, shall give notice, in writing, thereof to any corporation whose pipes, mains or conduits are laid in the street about to be disturbed by such excavation, at least 24 hours before commencing the same; and shall, at his expense, sustain, secure and protect such pipes, mains or conduits from injury, and STREETS 297 replace and pack the earth wherever the same shall have been re- moved, loosened or disturbed, under or around them, so that they shall be well and substantially supported. If any such person shall fail to sustain, secure and protect said pipes, mains or conduits from injury, or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong, and the cost thereof, and all damages sustained by said corporation thereby, shall be paid by said person, and, in default thereof, such corporation may main- tain an action against him therefor. (C. O. § 166.) 2. Permits conditioned upon such notice. The provisions of the preceding subdivision shall be made part and a condition of every permit that shall be granted to any person for making any excavation in any street in which the pipes, mains or conduits of any public service corporation shall be laid at the time of granting said permits; provided such corporations or any of them shall secure such permits, or pay a just proportion of the fees therefor. (C. O. § 167.) § 96. Replacement of pavement. — 1. General provisions. Whenever any pavement, sidewalk, curb or gutter in any street or public place shall be taken up, the borough president having jurisdiction shall restore such pavement, sidewalk, curb or gutter to its proper condi- tion as soon thereafter as is practicable, requiring the person or persons b}^ whom or for whose benefit the same is removed to deposit the material composing the superstructure, without breaking or injuring the same, and in a manner which will occasion the least inconvenience to the public; to fill in any excavation made, and to leave the same properly packed, rammed * and repaired for any required repaving. Each borough president is hereby authorized to establish such rules and regulations as, in his judgment, shall be deemed necessary for the purpose of carrying out the provisions of this subdivision. (C. O. § 150.) 2. Rock refills. Wherever rock is excavated, not more than one- third of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding 6 inches in their largest dimen- sion, and mingled with clean earth and sand, and restored in such manner as to insure the thorough and compact filling of all spaces. (Richmond Ords. § 6.) 3. Restoration by borough presidents. Whenever any pavement in any street shall be taken up, or any paving stones in a street shall have been removed in violation of the preceding sections, the pres- ident of the borough having jurisdiction shall forthwith return such stones to their former places, and shall otherwise restore the pave- ment, as nearly as may be practicable, to its normal condition. (C.O.§145.) §97. Fees; borough of Richmond. — 1. Restoration of pavement. Fees for the restoration of pavement shall be paid by the person responsible for a street excavation in the borough of Richmond, as follows: (a) For areas less than 10 square yards: Restoring granite or other blocks or brick on concrete founda- tion, per square yard $3 00 For restoring granite or other blocks or brick on sand founda- tion, per square yard 1 00 298 CODE OF ORDINANCES OP THE CITY OF NEW YORK For sheet asphalt on concrete foundation, per square yard ... $3 00 For macadam, per square yard 80 2. Areas in excess of 10 square yards. The fees for such excava- tions in the borough of Richmond shall be such as may be determined by the president of the borough or his representative. The area of surface to be repaved shall, in all cases, be computed by the president of the borough or his representative, from the diagram in the appli- cation, as verified or corrected by comparison with the maps and records on file. (Richmond Ords. §§ 13, 14.) 3. Inspection of hack filling. The fee for the inspection of the back filling of any trench in a street in the borough of Richmond shall be as follows: For trenches not more than 4 feet in depth, nor more than 30 feet in length $2 00 For trenches over 4 feet and under 9 feet in depth and not more than 30 feet in length 3 00 For trenches over 9 feet and under 16 feet in depth and not more than 30 feet in length 4 00 For trenches of greater dimensions than the foregoing, special charge, as may be determined by the president of the borough, or his representative. (Richmond Ords. § 11.) § 98. Enforcement of article. — 1. Duties of police. All policemen shall be vigilant in the enforcement of the provisions of this article, and report through proper channels any violations thereof to the corporation counsel. Policemen, on observing or being informed of the opening of or excavating in any street, shall require the person making such opening or excavation to exhibit the authority or permission therefor; and, if none has been given, or if the exhibition thereof be refused, the officer shall, without delay, make complaint to the corporation counsel and report the same to the president of the borough in which the violation occurs, through the police commis- sioner. (C. O. § 161.) 2. Violations. Any person who shall violate any provision of this article shall forfeit and pay a penalty of $50, and, in addition thereto shall be liable to pay the expense of repairing or replacing any pave- ment removed or damaged by him. (C. O. § 148.) ARTICLE 10 HOUSE NUMBERING Sec. 110. General provisions. § 111. Borough presidents to adjust numbering. § 112. Numbers in certain sections of Manhattan. Sec. 110. General provisions. — 1. Requirements. The owner, agent, lessee or other person in charge of each and every residence, or build- ing used for residential purposes in the city shall cause to be placed or affixed on the fanlight, or on the inner door thereof, the proper street number or numbers of the building, and shall have the same kept and retained or renewed thereon, so that the same may at all times be legible; provided, however, that where a residence or build- STREETS 299 ing used for residential purposes is set back from the street line more than 25 feet, then such number or numbers may, at the option of the owner, agent, lessee or other person in charge of such resi- dence or building, be so placed or affixed and kept, retained or re- newed on a gate, gate-post, fence or other object near the street line of the premises. (C. O. § 103 amend, and revised.) 2. Violations. If the owner, lessee, agent or other person in charge of any residence or building used for residential purposes in the city shall fail to provide, place and keep such number or numbers on any such building within 30 days after this ordinance shall take effect, the president of the borough shall forthwith serve him with a copy of this section, and if, after 30 days’ service, the owner, lessee, agent or other person in charge of a building shall fail or neglect to comply with the provisions thereof he shall be subject to a penalty of $10, which shall be sued for and collected in the name of the city. (New.) § 111. Borough 'presidents to adjust numbering. — In all cases where a street shall have been numbered or renumbered, the borough president having jurisdiction shall thereafter adjust and renumber such street as the same may be required from time to time. In numbering and renumbering houses, he shall leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required, in case of renumbering at any subsequent time. (C. O. §§ 101, 104.) Power of city authorities to renumber houses sustained. Van Ingen v. Hudson Realty Co., 106 App. Div. 444. § 112. Numbers in certain sections of Manhattan. — Whenever any street north of 9th street, inclusive, in the borough of Manhattan, shall be directed to be numbered or renumbered, the president of said borough shall cause the numbers to commence at Fifth avenue, numbering east and west, beginning with No. 1, on the west side of Fifth avenue; No. 100, on the west side of Sixth avenue; No. 200, on the west side of Seventh avenue, and so on, east and west of Fifth avenue, through the whole series of streets north of 9th street, and including 9th street; and said streets shall hereafter be called and known as East 9th street and West 9th street, and so on; the dividing line to be Fifth avenue. (C. O. § 102.) ARTICLE 11 LIGHTS Sec. 120. Breaking or carrying away lamps or fixtures. § 121. Removal of lamp-posts or electric light poles. § 122. Violations. Sec. 120. Breaking or carr'ying away lamps or fixtures. — No per- son shall wilfully break, deface, take down, carry away, or interfere with any lamp or any gas or electric light apparatus, or any part thereof, which shall be hung or fixed in any street or public place, or extinguish the light therein except by proper authority. (New.) § 121. Removal of lamp-posts or electric light poles. — No person shall take up, remove or carry away any lamp-post or electric light 300 CODE OF ORDINANCES OF THE CITY OF NEW YORK pole in any street or public place, without permission of the com- missioner of water supply, gas and electricity. Any person who shall take up and temporarily remove any lamp-post or electric light pole, under a permit or by other lawful authority, shall cause the same to be reset at his own expense immediately upon the com- pletion of the work that necessitated its removal. (C. O. §§ 297, 298, revised.) § 122. Violations . — Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than S50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (New.) ARTICLE 12 NOISES Sec. 130. General provisions. § 131. Hospital streets. § 132. School streets. § 133. Peddlers, hawkers and venders. § 134. Junkmen. § 135. Metal rails, pillars and columns, transportation of. § 136. Showmen. Sec. 130. General provisions . — No person shall make, aid, counte- nance, encourage or assist in making any unusual or improper noise, riot or disturbance in any street or public place to the annoyance or inconvenience of travelers, or of persons residing adjacent thereto; nor shall any person use any profane, obscene or vulgar language in any street, or public place. (Arverne Ords. § 1, made general.) § 131. Hospital streets . — The several borough presidents are hereby authorized to erect on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of in- tersecting streets on which may be located a hospital, lying-in asy- lum, sanatorium or other institution reserved for the treatment of the sick, a sign or signs displaying the words: ^‘Notice — Hospital Street, and such other warning or admonition to pedestrians and drivers to refrain from fast driving or making any noise that may tend to disturb the peace and quiet of any or all of the inmates of such institution. No person shall make any unnecessary noise nor drive at a speed faster than a walk on any street designated as a “Hospital Street,^ ^ for which such warning signs have been erected. (C. O. § 260E.) § 132. School streets. — 1. Signs. The several borough presidents are hereby authorized to erect, on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of intersecting streets on which may be located a school, a sign or signs displaying the words, “Notice — School Street,^’ and such other warning or admonition to pedestrians and drivers not to make any unnecessary noise or to drive at such speed as may tend to disturb the peace and quiet of the pupils and teachers of such school, as may be deemed to be expedient. STREETS 301 2. Noisy vehicular traffic. The police commissioner is authorized in his discretion to cause all heavy, noisy vehicular traffic to be diverted from the immediate block or blocks upon which any school shall be located, during the period between the hours of 8.45 a. m. and 3.15 p. m. of every school day. 3. Noise lessening pavement. The several borough presidents are hereby authorized, in their discretion, to repave the streets immedi- ately contiguous to schools with such noise lessening pavement as may meet with their approval. 4. Prohibitions. No person shall make any unnecessary noise, or drive at a speed faster than a walk, or violate any traffic rule or regulation of the police department on any street which has been designated as a ^‘School Street,’^ for which such warning signs have been erected. (Ord. Apr. 16, 1912o revised.) § 133. Peddlers^ hawkers and venders. — 1. Generally. No peddler, vender, hawker or huckster, who plies a trade or calling of whatsoever nature on the streets, shall blow upon or use or suffer ar permit to be blown upon or used, any horn or other instrument or device, nor make or suffer or permit to be made any noise tending to disturb the peace and quiet of a neighborhood, for the purpose of directing attention to his wares, trade or calling. No peddler shall cry or sell his or her wares or merchandise on Sunday, nor after 9 o’clock p. m., nor cry his or her wares before 8 o’clock in the morning of any day except Saturdays, when they shall be allowed to cry or sell their wares or merchandise until 11.30 o’clock p. m. (C. O. § 551, revised.) 2. Special restrictions. No peddler shall be allowed to cry his or her wares within a distance of 250 feet of any school, court house, church or building in which religious services are held, during school hours or hours of public worship, or hours of holding court, respec- tively, nor at any time within a like distance of any hospital, asylum or other like institution, nor within a distance of 250 feet of any dwelling house or other building, when directed or requested by an occupant thereof not to do so. § 134. Junkmen. — No junkman, or other person engaged in the buying or selling of goods, chattels or merchandise of any kind, shall use or employ on any street any bell exceeding 6 ounces in weight, attached to his vehicle or horse, or in any other manner; nor more than three bells at any one time, or cause or allow the same to be done. (Brookl. Ords. § 78, made general.) § 135. Metal rails, pillars and columns, transportation of. — All rails, pillars and columns of iron, steel or other material, which are being transported over and along the streets upon carts, drays, cars, or in any other manner, shall be so loaded as to avoid causing loud noises or disturbing the peace and quiet of such streets. (C. O. § 529.) § 136. Showmen. — No person shall beat a drum or operate any other instrument, for the purpose of attracting attention to any show of beasts or birds or other things; nor shall any person use or perform with or hire, procure or abet any other person to use or perform with any musical or other instrument, in any street or public place, unless he shall be licensed, as such, under the provisions of § 171 of chapter 14 of this ordinance. The provisions of this section shall apply to itinerant musicians and side-shows, and shall 302 CODE OF ORDINANCES OF THE CITY OF NEW YORK not be construed so as to affect any band of music or organized musical society, engaged in any military or civic parade or in serenad- ing, that shall comply with the laws of the state or the provisions of § 38 of chapter 24 of this ordinance, relating to parades, nor to any musical performance conducted under a license from the proper municipal authority. (Manh. Ords. § 39, made general.) ARTICLE 13 OBSTRUCTIONS AND INCUMBRANCES Sec. 140. Special uses of streets. § 141. Building construction, sidewalk bridges. § 142. Building material. § 143. Earth, rocks and rubbish. § 144. House moving. § 145. Posts and poles. § 146. Removal of abandoned poles. § 147. Show cases. § 148. Stairways and hoistways. § 149. Stands within stoop lines. § 150. Storm-doors. § 151. Removal of obstructions and incumbrances. § 152. Vehicles, merchandise and other movable property. Sec. 140. Special uses of streets— 'No person shall incumber or obstruct any street or sidewalk which has been opened, regulated or graded, according to law, with any article or thing whatsoever, without first having obtained written permission from the president of the borough in which such street or sidewalk is situated. (C. O. § 219.) This is substantially the same as sec. 33 of Ch. 6, R. O. 1880; sec. 1, Ch. 24, City Ordinances, 1859; sec. 5, tit. 11, ch. 22, Revised Ordinances, 1839; and par. 26, Ch. 13, R. O. 1811. In the first publication of the ordinances in 1793, after the Revolution, it was provided, paragraph 6, p. 14, that no person should “lumber" any foot path or “incommode foot passengers” under a penalty of five shillings, and also by paragraph 12, p. 16; “That no Person or Persons shall incumber or obstruct any street, wharf, or pier, with any Carriages, Timber, Boards, Planks, Staves, Heading, Pitch, Tar, Turpentine, Grindstones, Anchors, Bricks, or any other kind of Lumber, or other Thing, without having first obtained Leave or Permission so to do from the Mayor or Recorder, or the Alderman of the Ward; and that Leave and Permission is hereby limited and confined to Persons only that are or shall be building or repairing Houses or other Buildings, under the Penalty of Forty Shillings for each Offence,” and if the owners fail to remove the same it may be carted to the Alms-house Yard and sold, unless redeemed for two pence a day for every load carted. It is important to note that in this and many of the following sections affecting street obstructions the law has practically been unchanged for over a century. The decisions on the general subject of incumbrances are very numerous. It was a well-established principle at common law, which has been repeatedly affirmed in this State, that any obstruction, encroachment or incumbrance on a public highway without lawful authority was a public nuisance as to the public and a private nuisance as to any individual injured. See statement of law in leading cases of Cohen v. Mayor, etc., of N. Y., 113 N. Y. 532, where the city was held liable for damages resulting from a wagon it allowed to remain on the sidewalk, and Callanan v. Gilman, 107 N. Y. 361, where adjoining owner recovered damages and enjoined defendant from using skids on the sidewalk so continuously as prac- tically to amount to an appropriation of it for his own purposes. Also see Davis v. Mayor, etc., 14 N. Y. 506; Hume v. Mayor, etc., 74 N. Y. 264. As to permanent encroachments, see Ackerman v. True, 175 N. Y. 353, where sthp:ets 303 tho extension of a house on Riverside Drive beyond the building line under a per- mit from the Park Department, was held to be a nuisance and illegal. See, also; City of New York v. Knickerbocker Trust Co., 104 App. Div. 223; Williams v. Silverman R. Co., Ill App. Div. 679; McMillan v. Klaw & Erlanger, 107 App. Div. 407; Hatfield v. Strauss, 189 N. Y. 208; 117 App. Div. 671; City of New York V. Rice, 198 N. Y. 124. The city may bring an action in equity to abate the nuisance even though an action at law would lie to recover the penalty. See City of N. Y. v. De Peyster, 120 App. Div. 762; City of N. Y. v. Thorley & Regan, 73 App. Div. 626; City of N. Y. V. Rice, 198 N. Y. 124. Such suit should be brought in name of City and not of Borough President. Pounds V. Lee Ave. Theatre, Kaffer, J., N. Y. Law Journal, Mar. 4, 1914. And mandamus lies to compel city oflficials to remove nuisances in streets where they fail to do so. People ex rel. Cross Co. v. Ahean, 124 App. Div. 840; People ex rel. O’Reilly v. Mayor, 59 How. Pr. 277; People ex rel. Bentley v. Mayor, 18 Abb. N. C. 123; People ex rel. Mullen v. Newton, 20 Abb. N. C. 387; People ex rel. Browning, King Co. v. Stover, 145 App. Div. 259. Mandamus denied where there was any doubt. People ex rel. Lynch v. Manh. R. R. Co., 20 Abb. N. C. 393; People ex rel. Meeks v. Mayor, Lawrence, J., Daily Register, May 29, 1888; People ex rel. John v. Mayor, Beach, J., Daily Register, June 2, 1887; Whitman y. Hubbell, 20 Abb. N. C. 385. Injunction to restrain a city official denied. Ely v. Campbell, 59 How. Pr. 333. A private citizen may bring action to abate a nuisance where city refuses, Mc- Millan V. Klaw & Erlanger, 107 App. Div. 407; Overton v. Village Orlean, 37 Hun, 47. Barrels on sidewalk are a nuisance. City of N. Y. v. Leef, 128 N. Y. Supp. 676; wagons in sidewalk are a nuisance. Flynn v. Taylor, 127 N. Y. 596. Under the Charter the Board of Estimate and Appointment possessed the power concerning the use of the streets formerly possessed by the Board of Aldermen. Hatfield v. Strauss, 189 N. Y. 208, 214. See Article 14, Projections and Encroachments, p. 313 for other subjects. § 141. Building construction: sidewalk bridges. — Persons who desire to erect large buildings may erect and maintain a bridge, not to exceed 7 feet in height, above the sidewalk and 6 feet in width, extending the whole length of the proposed building; the steps lead- ing to the same to rest upon the sidewalk of the adjoining premises. (C. O. §211.) § 142. Building material — 1. Permit. The president of each borough shall have power to grant permits to builders to occupy not to exceed one-third of the carriageway of any street with building material; provided in his opinion the interests and convenience of the public will not suffer thereby. (Brook 1. Ords. § 1 .) 2. Conditions. Such permits shall provide expressly that they are given upon condition that the sidewalks and gutters shall at all times be kept clear and unobstructed, and that all dirt and rubbish shall be promptly removed from time to time by the party obtaining such permit, and that all such permits may be revoked by the borough president, at pleasure. 3. Deposit. Except as otherwise specifically provided in this article, no such permit shall be granted to any builder unless he shall, at the time said permit is granted, have on deposit with the borough president, the sum of $50, as a guarantee that he will promptly com- ply with the conditions of all permits which may be so granted, including the prompt removal of all dirt and rubbish placed upon the street from time to time, and also for the prompt removal, after the expiration or revocation of any such permit, of any building material placed upon any street thereunder. Each borough president is hereby authorized and empowered to use so much of the moneys so deposited as may be required to effect the prompt removal of such dirt or rubbish as may, from time to time, be left upon the streets by 304 CODE OF ORDINANCES OF THE CITY OF NEW YORK the party making the deposit, and also for the purpose of removing any building material which may remain thereon, after the expiration or revocation of any permit under which it was so placed. In case any such deposit shall become impaired or exhausted, by its use by a borough president in the removal of dirt, rubbish, or building mate- rial, the amount shall be made up immediately, to the sum of $50, on notice from the borough president, and, in default thereof, all permits theretofore issued to the builder failing to comply with such notice shall be revoked, and no permit shall be thereafter granted to him until such deposit be made good. Any builder may at any time withdraw his deposit; provided he shall hold no un- expired permits and have fully complied with all the conditions of all permits theretofore issued, otherwise said builder shall be only entitled to withdraw and receive as much of the deposit as may re- main unexpended after the provisions of this section, relative to the use of said money for the removal of dirt, rubbish or building mate- rial, as the case may be, have been carried into effect. (Brookl. Ords. 8.) 4. Restrictions, a. In placing building materials in a street, the material shall be so placed as to occupy not more than one-third of the width of the carriageway of the street. In a street upon which there is a railroad, materials shall not be placed nearer to the track than 2 feet. (C.O. §211.) h. In no case shall building material be placed upon, nor shall mortar, cement or other material be mixed upon the pavement of a street paved with asphalt, asphalt block or wood, except under a permit issued by the borough president having jurisdiction, which shall contain a provision that such pavement shall be protected by first laying planks thereon. Borough presidents, or other officers issuing permits to builders to use the streets, shall insert in each such permit a clause requiring compliance with this provision. (C. O. § 270.) 5. Unauthorized obstructions. Whenever any wood, timber, stone, iron or other building material has been or shall be put or placed in or upon any street, without a permit, the borough president having jurisdiction shall forthwith cause the same to be taken up and re- moved. (C. O. § 146.) Placing building materials in the street, while lawful, is subject to control of au- thorities. Rehberg v. Moyer, 91 N. Y. 137. § 143. Earth, rocks and rubbish . — In all cases where the sidewalk or roadway of a street shall be encumbered or obstructed by the caving in or falling off of any earth, rocks, rubbish or anything whatever, from any lot adjoining such sidewalks or carriageway, the owner, or occupant of such lot shall cause such earth, rocks, rubbish or other thing to be removed and cleaned from such sidewalk or carriageway, within 3 days after a written or printed notice shall have been served by the borough president, or other person in his name, on such owner, personally, or shall have been left at the place of res- idence of such owner, in this city; or, if such owner does not reside in the city, and such notice shall not be personally served, then, within 20 days after such notice be sent by mail, addressed to such owner at his place of residence, or, when such residence is unknown to the said borough president, posted in a conspicuous place on said premises. STREETS 305 If the owner, occupant or agent does not comply with such notice, within the time specified in this section, after notice thereof, the borough president having jurisdiction ^shall cause the same to be removed at the expense of the owner, occupant or agent, and such expense shall be sued for and recovered in the name of the city. The corporation counsel shall cause a statement of such cost and expense, together with the description of the premises, to be filed in the office of the county clerk of the appropriate county. (Brookl. Ords. §§ 11 , 12 .) § 144. House moving. — No person shall remove, or cause or permit to be removed, or aid or assist in removing, any building or structure into, along or across any street or public place, without permission of the president of the borough having jurisdiction; under the penalty of $250 for each offense. Each borough president is authorized to grant permits for moving buildings through and across public high- ways, taking in each case a proper bond to secure the city against loss or damage incident to said moving. The applicant for a permit to move a building on or across a street, where there are car tracks or overhead wire construction, must obtain and file with the application the consent of the company affected. (C. O. § 269.) § 145. Posts and poles. — 1. General provisions. No post or pole shall be erected or put up in any street, unless under a permit of the president of the borough having jurisdiction. (C. O. § 220.) 2. Barber poles. Barber poles not exceeding 8 feet in height, above the sidewalk level and other emblematic signs may be placed within the stoop-lines, or fastened to the railing of any stoop, under the same conditions as to dimensions, consent, etc., as hereinafter provided in the section relating to show-cases. (C. O. § 263 in part.) 3. Ornamental lamp-posts. Ornamental posts, surmounted by lamps, may be erected within stoop-lines and on sidewalks, near the curb, in front of hotels, churches, theatres, railroad stations and other places of public assemblage, in any street or public place. No such post shall exceed in dimensions at the base more than 18 inches in diameter, if circular in form, and, if upon a square base, no side thereof shall exceed 18 inches; provided that one of the lamps, to be installed and maintained on each of the lamp-posts to be erected, shall be lighted and remain lighted every night, during the hours prescribed for public street lamps. The work to be done and illu- minant supplied shall be at the expense of the person maintaining such posts and lamps. (C. O. § 299 as amend.) § 146. Removal of abandoned poles. — All telegraph, telephone and electric light poles, wires or conductors which, at the time of the passage of this ordinance, shall h^ve been standing for 3 months prior thereto, disused or abandoned, or which shall hereafter remain or stand disused, or become disused or abandoned, in, over or upon any street or public place, shall be forthwith removed, but for suffi- cient cause shown the borough president having jurisdiction may by one or more orders extend the time for such removal for periods not exceeding one year each. The persons owning, operating, managing or controlling poles, wires or appurtenances which may have been so disused or abandoned or which may be dangerous or unsafe, shall take down and remove them, and upon their failure to do so the president of the borough having jurisdiction shall remove the same 20 306 CODE OF ORDINANCES OF THE CITY OF NEW YORK forthwith at the expense of such persons. Before such removal the borough president, except in cases where a condition of danger exists, shall mail a notice thereof to the last known address of such persons, a copy of which shall be posted for a period of 10 days on each of such poles prior to its removal. (Arverne Ords. rev. and made general.) § 147. Show-cases. — Show-cases may be placed in areas, or on the sidewalk within the stoop-line in front of any building, by or with the consent of the occupant of the ground floor thereof, but not beyond 5 feet from the house line or wall of any building where the stoop-line extends further, except on streets where the stoop-lines have been abolished by the board of estimate; but no such show-case shall be more than 5 feet in height, above the sidewalk level, 3 feet in length, and 2 feet in width, nor shall it be so placed as to interfere with the free access to the adjoining premises. All such show-cases shall be freely movable. (C. O. § 263.) These were originally authorized by ord. March 30, 1886, sec. 2, as amend, by res. app. June 22, 1895. Show-cases maintained without permission are a nuisance. Wells V. Brooklyn, 9 App. Div. 61. They cannot be allowed six feet from the stoop-line. People ex rel. Le Boutillier v. New York Daily Reg., April 23, 1884. Their removal by the authorities may be compelled by mandamus. People ex rel. Bentley v. Mayor, 18 Abb. N. C. 123; People ex rel. O’Reilly v. Mayor, etc., of N. Y., 59 How. Pr. 277. Injunction has also been granted. Hallock v. Schreyer, 33 Hun, 111; Ely v. Campbell, 59 How. Pr. 333. § 148. Stairways and hoistways. — Stairways may be constructed, but not at a greater distance than 4 feet from the house-wall of any build- ing. Hoistways may be placed within the stoop-lines, but in no case to extend beyond 5 feet from the house-line, and shall be guarded by iron railings or rods to prevent accidents to passersby. (C. O. § 263.) That hoistways should be inclosed and guarded by a railing is reasonable. Mayor V. Williams, 15 N. Y. 502. See cases cited under § 140 for obstructions. § 149. Stands within stoop-lines and under elevated railroad sta- tions. — 1. General provisions. No person shall have or use any bootblack stand outside of any building, and there shall be no booth or stand erected or maintained within the stoop-lines of any building, or under the stairs of the elevated railroad stations, without first procuring a license therefor, as hereinafter provided. (C. O. § 361.) 2. Licenses. Stands within stoop-lines may be permitted and licensed, with the consent of the owner of the abutting premises, for the sale of newspapers, periodicals, fruits and soda water and the blacking of boots. All licenses for such stands shall be granted and issued by the commissioner of licenses, for a term of one year from the date thereof, unless sooner suspended or revoked by the commis- sioner. Any person desiring to erect a stand or booth for the sale of newspapers and periodicals underneath the stairs of any of the elevated railroad stations, shall file an application in the department of licenses, in which the applicant shall specify the location for such stand. (C. O. § 362.) 3. Conditions. Every license granted pursuant to this section for a stand under the stairs of an elevated railway station shall contain the following reservation: ^Ht is expressly agreed and understood that this permit is given subject to the right of the elevated railway company affected, its agents, employees, successors or assigns, or the owner of said stairway, at any time properly to inspect, paint, repair, renew, reconstruct or remove said stairway, or any portion thereof. STREETS m and without claim on the part of said licensee, as against said com- pany, its agents, employees, successors or assigns, or the owner of said stairway, for damages to or interference with said booth or stand, or the business therein conducted, occasioned by such inspection, painting, repair, renewal, reconstruction or removal.” (C. O. § 366.) 4. License fees. The annual license fee for a stand under the stairs of an elevated railway station shall be $10. All stands within the stoop-line shall be classified, and the annual license fee therefor shall be fixed and collected as specified in the schedule following: (a) Stands for the sale of newspapers, periodicals, or both, $5: (b) Stands for the sale of fruits, or soda water or both, $10; (c) Stands for the sale of newspapers, periodicals or both, and also fruits or soda water or both, $15; (d) Bootblack stands, each chair, $5. No license fee shall be required for stands within stoop-lines for the sale of newspapers, periodicals or both, in cases when such stands are conducted by dealers who are the owners or occupants of the premises or stores in front of which the same are situated. (C. O. §363 as amend.) 5. Construction of stand or booth. No stand or booth under the stairs of an elevated railway station and no projection therefrom, shall be erected that is wider than the width ofithe stairs under which it is placed, nor that extends along the sidewalk a greater distance than to a point where the under surface of the stairs is not over 7 feet from the level of the sidewalk. The stand shall be constructed, erected and maintained at the expense of the applicant, under the direction of the president of the borough in which it is located, and upon plans to be approved by the chief engineer of the elevated railroad company affected, so as to permit of a ready removal of so much thereof as may be necessary to enable the said company, its agents or employees, to get convenient access to any part of the stairways, for the purpose of inspecting, painting or repairing the same. Each such stand shall be painted the same color as the stairs of the elevated railroad, and no advertisement shall be painted or displayed thereon. (C. O. § 365, amend. March 14, 1914.) 6. Restrictions: (a) Every stand, other than a stand or booth under the stairs of an elevated railway station, must be strictly within the stoop line, and shall not be an obstruction to the free use of the sidewalk by the public. It shall not exceed the space of 10 feet long by 4 feet wide; except that, in the case of bootblack stands, a space not more than 3 feet wide and 4 feet long may be occupied by each chair of the stand. The enforcement of the provisions of this paragraph is hereby suspended until October 1, 1915, in the case of stands erected and maintained prior to March 14, 1914, where the restriction of the dimensions of the stands would, in the opinion of the commissioner, entail a severe burden on the owners thereof, but this provision shall not be construed to permit the erection of any new stand of dimen- sions exceeding those hereinbefore specified ; (b) No person shall be permitted to sleep in any portion of a stand ; nor to hold more than one license; (c) No bootblack stand shall be provided with more than 3 chairs. (C. O. § 364.) 308 CODE OF ORDINANCES OF THE CITY OF NEW YORK 7. Licenses to he displayed. The license for a stand or booth, issued under any provision of this section, must be displayed thereon, so as to be easily visible at all times. 8. Licenses not transferable. No license issued under any provision of this section shall be transferable, with or without consideration. Any license transferred to another person shall immediately there- upon cease and determine, and the privileges thereunder come to an end; provided that the commissioner of licenses may transfer a license to another location for the period of its unexpired term, in case the application for such transfer shall be accompanied by the consent of the owner of the premises to which the proposed transfer is to be made. Any person who shall be guilty of a violation of the provisions of this subdivision shall not thereafter be granted a li- cense, permit or other privilege to keep a stand within the stoop-lines, or under an elevated railroad station, for the sale of newspapers, or periodicals, or both; of fruits or sodawater, or both; or of any of the foregoing items, nor for the blacking of boots. Further, any person found guilty of violating any provisions of this section, by a court of competent jurisdiction shall be subject to a fine of not less than $50 nor more than $500. The commissioner of licenses shall have the language of this subdivision printed in bold type on all applications for licenses and on all licenses granted, under the pro- visions of this article. (C. O. § 364 and § 372a.) 9. Revocation of consent of property owner. Upon the written rev- ocation by the owner, in front of or adjoining whose property any such booth or stand shall have been erected, of any consent that shall have been given therefor, signed by such owner or owners and filed in the office of the commissioner of licensed, the commissioner shall re- voke the license or permit for such booth or stand, and the same shall thereupon cease, determine and become null and void. (C. O. § 372.) 10. Report to police department. The commissioner of licenses shall furnish the police commissioner with a list of all unexpired licenses issued under any provision of this section, containing the names of all persons to whom licenses have been issued, the place and business for which issued and the date of the expiration of each license. Thereafter, during the first week of each month, the police commissioner shall send to each police precinct commander a list of all such licenses issued in his precinct, which shall contain the name of each licensee, the location of his stand or business and the date of the expiration of his license, and also a list of all licenses ex- piring during the month for which the report is sent. (C. O. § 371.) Section 50 of the Greater New York Charter, L. 1901, ch. 466, provides as fol- lows: “The Board of Aldermen shall not have power to authorize the placing or continuing of any encroachments or obstruction upon any street or sidewalk, except the temporary occupation thereof during the erection or repairing of a building on a lot opposite the same, nor shall they permit the erection of booths and stands within stoop-lines, except for the sale of newspapers, periodicals, fruit and soda- water, and with the consent in such cases of the owner of the premises.” It then provided no special ordinances should be passed, but that all ordinances should be general. Stands within the stoop-lines were first authorized by ch. 418, Laws 1887, and ch. 115, Laws 1888, for the sale of newspapers, periodicals, fruit and soda- water. These acts amended subdivision 3 of section 86 of the Consolidation Act. L. 1882, ch. 410. By ch. 718 of Laws 1896, this was further amended so as to in- clude bootblacks. The original charter of 1897 (sec. 49), omitted boot-black- stands among those allowed, and by the revision of 1901 (supra), boot-black stands were further omitted from the list of stands permitted. STREETS 309 The charter therefore omitted the old provisions of the Consolidation Act, as amended in 1896, which authorized boot-black stands, but held, in People ex rel. Pumpkyansky v. Keating, 168 N. Y. 390, such omission was not a repeal. The Common Council may authorize stands within the stoop-line. People ex rel. Weeks v. New York, 1 N. Y. Supp. 95; and around the public markets. Ely v. Campbell, 59 How. Pr. 333. The right of the public to the use of the highway from “side to side and end to end” is well established from the earliest reported cases under the common law to the present time, and while this right of the public is preserved by section 50 in general, still stands may be lawfully permitted within the limits prescribed. People v. Keating, supra. The legislature, by virtue of its general control over streets and highways, has the power to authorize structures in the streets for the convenience of business that otherwise and under the common law would be held to be encroachments and obstructions. This power it may dele- gate to the governing body in a municipal corporation. Hoey v. Gilroy, 129 N. Y. 132. It is essential that the owner of adjoining premises should consent, as other- wise the stand would be a nuisance as to him. See authorities cited under § 140 as to obstructions. § 150. Storm-doors. — Storm-doors not exceeding 10 feet in height, nor more than 2 feet wider than the doorway or entrance of any building, may be temporarily erected within the stoop-lines; pro- viding a permit therefor shall have been obtained from the borough president having jurisdiction; but in no case shall any storm-door extend more than 6 feet outside the house-line. No structure under the name of ‘‘storm-door” shall be lawful which shall practically be an extension of the building front or house front within the stoop- line, or an enlargement of the ground floor of any premises. As to storm-doors, see Kiernan v. Newton, 20 Abb. N. C. 398. In an applica- tion for an injunction to restrain the public authorities from tearing down a storm- door, the burden is on plaintiff to show he is there lawfully. Kirkpatrick v. City of New York, Amend. J.. N. Y. Law Journal, Dec. 3, 1903. § 151. Removal of obstructions and incumbrances. — 1. Jurisdiction. Except as otherwise specifically provided in this chapter, each borough president is empowered to direct the removal of any article or thing whatsoever which may incumber or obstruct any street or public place within his jurisdiction. (C. O. § 94 revised.) See sec. 383 of the Greater New York Charter, subdivision 6, where the President of the Borough is given “cognizance and control ... 6. Of the removal of incumbrances,” and sec. 50 of the Charter, where the Board of Aldermen is given “power ... to prevent encroachments upon and obstructions to the streets and to authorize and require their removal by the proper officers.” This work for many years has been under the immediate direction of the “Bureau of Incum- brances.” This name is kept in use for convenience. The Revised Ordinances of 1880, under chapter 6, use it as the heading for article IV, which includes the various ordinances forbidding incumbering the streets. In the City Ordinances of 1859, where the eight bureaux of the Street Department are explicitly enumerated and defined (sec. 2, art. 1, chap. IV), no mention is made of a “Bureau of Incum- brances,” although the department is given cognizance of “the removing incum- brances for streets, roads, places, wharves, piers and slips.” (Id., sec. 1.) The Bureau was explicitly authorized by the Consolidation Act (chap. 410, L. 1882, sec. 317, subdiv. 8). The powers given him as above are very great. The Charter gives the Street Cleaning Commissioner (sec. 545) power to remove certain movable property found in the streets. The terms of this section (545) and of 547 are so broad as to be somewhat confusing, for they apparently give the Street Cleaning Commissioner power to remove all “incumbrances,” although intended, however, to be limited to those relating to cleaning the streets. Where an officer fails to remove incumbrances mandamus lies to compel him. See notes, sec. 140. 2. Corporation yards. Manhattan: (a) So much of the space under the Manhattan bridge, located at the southwest corner of Pike and Cherry sts., and bounded by the bridge anchorage. Cherry and Pike sts. and private property, and a line to be drawn parallel with Pike st., from the nearest point 310 CODE OF ORDINANCES OP THE CITY OF NEW YORK of private property to the nearest point of the anchorage, in the borough of Manhattan, is hereby designated as a corporation yard for use by the president of the said borough; (b) So much of the space under the Manhattan bridge, between Madison and Monroe sts., in the borough of Manhattan, is designated as a corporation yard for use by the president of the said borough. The jurisdiction over the corporation yards, except such as are or shall be established by the commissioner of street cleaning, is vested in the respective borough presidents. 3. Redemption of articles removed. Except as otherwise provided in this article, all articles removed from a street or public place under this section, may be redeemed by the owner upon his paying to the borough president, for the use of the city, the necessary ex- penses of removal, together with 6 cents per day for each cart-load thereof during the time it shall remain unclaimed. 4. Reimbursement for expenses of removal. Each borough president shall, between the 1st and 10th days of February, May, August and November, and at any other time he may designate, in each year, advertise and sell, at public auction, all such articles so re- moved as shall have been in the public yard, or other suitable place, one month prior to the time of advertising; and he shall, immediately, after such sale, account for and pay the proceeds thereof into the city treasury. 5. Records and accounts. Each borough president shall enter m a book to be provided for that purpose, a list of all articles removed, under the authority of this section, with the time of removal and the expenses thereof; and, when any of the same shall be redeemed, he shall likewise enter therein the name of the person redeeming the same and the amount received therefor, and shall render a cer- tified account thereof to the comptroller on Thursday of each week, and shall thereupon pay over the amount so received to the cham- berlain. He shall also thereupon receive from the chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the comptroller. § 152. Vehicles, merchandise and other movable property. 1. Must not be left in street. No person being the owner or the agent, or the employee of the owner of any truck, cart, wagon or other vehicles, or of any box, barrel, bale of merchandise, or other movable property, shall leave, or suffer or permit to be left such vehicle, merchandise or other movable property upon any public street, except upon such portion of any marginal street or wharf or place as, by the pro- visions of the charter, is committed to the custody and control of the commissioner of docks, nor shall any person erect or cause to be erected any shed, building or other obstruction upon any street. In case of an accident to a truck, cart, wagon or other vehicle, the owner or driver thereof, if it be disabled by such accident, shall be allowed a reasonable time, not exceeding 3 hours, to remove it. 2. Removal of such obstructions. The commissioner of street clean- ing shall remove, or cause to be removed, all unharnessed trucks, carts, wagons and vehicles of any description, found in any public street or public place, and also all boxes, barrels, bales of merchandise and other movable property found upon any public street, or place, not including, however, any portion of marginal street, or place, or STREETS 311 wharf which, by the provision of any law or statute, is committed to the custody and control of the commissioner of docks. The com- missioner of street cleaning is hereby authorized, with the consent and approval of the board of sinking fund commissioners, to lease a suitable yard or yards to which trucks, carts, wagons and vehicles, boxes, bales, barrels and other things, removed under the authority of this section, shall be taken. 3. Reimbursement for expenses of removal. The street cleaning commissioner shall, from time to time, as often as he shall deem necessary, sell, or cause to be sold, as hereinafter provided at public auction, at such yard or yards, the said trucks, carts, wagons, vehicles, boxes, barrels and other things so removed. Whenever the commissioner or deputy commissioner shall have removed or caused to be removed any such trucks, carts, wagons, vehicles, boxes, bar- rels, bales or other things, and shall deem it necessary to sell them, and before making the sale thereof, he shall file with a justice of the municipal court of the city, a written petition, verified by oath, setting forth the facts which bring the case within this section, together with a brief description of each of the trucks, carts, wagons, vehicles, boxes, barrels or other things so removed in his custody and possession as street cleaning commissioner at the time of filing such petition, stating either the name of the owner or that his name is not known to the petitioner, and cannot be ascertained with reasonable diligence, and praying for a final order, directing the sale of the prop- erty so seized or removed, and the application of the proceeds thereof, as herein prescribed. Upon the presentation of the petition the justice must issue a precept under his hand, directed to the per- sons whose names appear in the petition as owners, if stated in the petition, or if not stated, directed generally to all persons having any interest in the property so seized and removed, and briefly reciting in substance the other facts stated in the petition and requiring the person or persons to whom the precept is directed to show cause before a justice of the said court at a time and place specified therein, not less than 10 nor more than 20 days after the issuing of the precept, why the prayer of the petition should not be granted. The precept shall be served by posting a copy thereof in at least two public and conspicuous places in the city, one of which shall be the office of the said commissioner of street cleaning, and the second of which shall be the yard to which the property shall have been removed, and a copy of which precept shall be so posted within 3 days after the precept shall have been issued. A brief abstract of the precept shall be pub- lished in the City Record and corporation newspapers within 5 days after the issue, and not later than 3 days before the return day men- tioned in the precept. At the time and place when the precept is returnable, the commissioner must furnish proof of the service of said precept as herein prescribed and any person named in the petition and precept or otherwise, having an interest in the property seized, may appear on the return day of the precept and make himself a party to the proceeding by filing a written answer, subscribed by him or his attorney and verified by the oath of the person sub- scribing it, denying absolutely, or upon information and belief, one or more material allegations in the petition, and setting forth his interest in the property seized. The subsequent proceedings before the 312 CODE OF ORDINANCES OP THE CITY OP NEW YORK justice shall be the same as in an action in the municipal court where an issue of fact has been joined, and, if the decision of the justice is in favor of the petitioner, the justice must make a final order, the same as though no appearance or trial were had, except to recite the appearance and trial before him. If no person appears and answers, the justice shall make a final order directed to the commissioner of street cleaning, commanding him to sell at public auction all of the property seized and described in the petition, at the yard to which said property was removed, for the best price which he can obtain therefor. Before making any such sale, the said commissioner or deputy commissioner shall give public notice in the City Record and corporation papers, as by this act prescribed, not later than 3 days before the day of such sale, and such notice of sale shall specify the time and place of such sale, and shall contain a general description of the property to be sold, but no particular description of any article shall be contained therein. The sale shall be made at the time and place specified in said notice of sale by the commissioner or a deputy commissioner of his department, or by an auctioneer, designated for such sale by the commissioner. Immediately after the sale, the commissioner shall pay to the comptroller the proceeds thereof, and shall, at the same time, transmit to the comptroller an itemized statement of the articles sold, with the price received for each article and a certificate of the costs and expenses incurred by the said com- missioner in making such condemnation and sales. The comptroller shall credit and add to the appropriation for the department of street cleaning, from the proceeds of such sale, the amount of said costs and expenses of such condemnation and sales as hereinbefore provided, and in addition thereto, such an amount for each incum- brance seized or taken, condemned and sold, as hereinbefore pro- vided, not to exceed $10, as may be estimated and fixed by the commissioner of street cleaning as necessary to pay the cost of seiz- ing, removing and keeping or storing such incumbrances; and the remainder of the moneys realized from such sale shall be paid without interest, to the lawful owners of the several articles sold. Any pay- ment to a person apparently entitled thereto, under the provisions of this section, shall be a good defense to the city against any other person claiming to be entitled to such payment; but, if the person to whom such payment is made is not in fact entitled thereto, the person to whom the same ought to have been paid may recover the same, with interest and costs of suit, as so much money had and received to his use, by the person to whom the same shall have been paid. 4. Redemption of property removed. The owner of any truck, cart, wagon, vehicle, box, barrel, bale or other thing, removed from any public street or place under the provisions of this section, may redeem his property at any time after its removal upon payment to the commissioner of street cleaning of such sum as he may fix, not to exceed $10, for each article redeemed. The sum thus paid shall be immediately transmitted to the comptroller, and shall be by him added and credited to the appropriation for the department of street cleaning, and may be used by the commissioner for any of the pur- poses of his department, as if originally included in the appropriation therefor. Nothing in this section contained shall be deemed to STREETS 313 authorize the summary removal of materials for any public work or improvement in course of construction. 5. Temporary obstruction of crossings. No person shall obstruct the walks laid across a public street or at the head of a public slip, by placing or stopping his horse, cart or other carriage upon or across any of the said walks, or by placing or putting any other obstruction or other thing across or on the same. ARTICLE 14 PROJECTIONS AND ENCROACHMENTS Sec. 160. Areas, steps, courtyards or other projections. § 161. Areas, special restrictions. § 162. Balustrades. § 163. Bay windows, show windows. § 164. Cellar doors and steps. § 165. Courtyards on private property. § 166. Ornamental projections. § 167. Porches, platforms and stoops. § 168. Removal of unauthorized projections and encroachments and incumbrances. § 169. Notification to corporation counsel. § 170. Violations. For cases and authorities relating to general subject of encroachments in public streets see notes to § 140, supra. Sec. 160. Areas j steps, courtyards or other projections. — 1. Pro- hihited. No areas, steps, courtyards or other projections shall be built, erected or made upon the following streets, namely : (a) Grand Boulevard and Concourse in the borough of The Bronx, between East 161st street and Mosholu parkway or upon any exten- sion of the same, or upon the transverse roads of said Boulevard and Concourse, at East 165th street, between Grant avenue and Gerard avenue; East 167th street, between Sherman avenue and Gerard avenue; East 170th street, between Grant avenue and Walton avenue; Tremont avenue, between Anthony avenue and Morris avenue; Burnside avenue, between Ryer avenue and Morris avenue; Kingsbridge road, between Valentine avenue and Morris avenue; Bedford Park boulevard, between Briggs avenue and Jerome avenue; East 204th street, between Mosholu parkway and Jerome avenue, or upon the transverse road and parkway at Belmont street, between Weeks avenue and Townsend avenue. (Bronx Ords. § 11.) (b) On Coney Island avenue from the Plaza at Parkside avenue to Neptune avenue, in the borough of Brooklyn. (Brookl. Ords. § 14a.) (c) On Newkirk avenue, between Flatbush avenue and Coney Island avenue, in the borough of Brooklyn. (Id. § 72.) 2. Manhattan restrictions. No areas, steps, courtyards or other projections, except show windows, not exceeding 18 inches in width, and signs not projecting more than 12 inches from the house line, 314 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall hereafter be built, erected or made upon the following streets in the borough of Manhattan, namely: (a) Broadway, south of 59th street. (C. O. § 181.) (b) Fourteenth st., between Broadway and Sixth ave. (C. O. 183.) All buildings hereafter erected on streets named in this paragraph shall conform to and be upon the street line of such streets, respec- tively. This subdivision continues the ordinance approved April 25, 1882. It with- draws all stoop-line privileges on Broadway below Fifth-ninth street. It was made necessary by the rapidly growing population of the metropolis and the enor- mous crowds who use the Broadway sidewalks. The ordinance has been uphold in a number of suits to recover penalties in the Municipal Courts. Where the photographer Marceau claimed that a marquise, or awning of glass and steel, on his Broadway place was not a “projection” within the terms of the ordinance, held the ordinance meant to forbid all projections of whatever kind. City of New York V. Otto Sarony Co., 86 N. Y. Supp. 27. 3. The Bronx restriction. No areas, steps, courtyards or projec- tions, except show windows not exceeding 18 inches in width and signs not projecting more than 12 inches from the house lines, shall hereafter be built, or erected, or made upon the following streets in the borough of The Bronx, while such streets remain at their present width of 50 feet, respectively, namely: (a) Garfield st., between Morris Park ave. and West Farms road; (b) Melville st., between Morris Park ave. and West Farms road; (c) Van Buren st., between Morris Park ave. and West Farms road; (d) Victor st., between Unionport road and Rhinelander ave.; (e) Adams st., between Bronx Park ave. and West Farms road. (Bronx Ords. §§ 6-10.) 4. Brooklyn restrictions. No person or persons shall erect or con- struct any piazza, veranda, covered or enclosed porch, platform or erection other than stoops, steps or platforms, with open backs and sides, or railings not to exceed 7 feet in height, or to extend upon said courtyards more than 7 feet, or of a greater width than is neces- sary for the purpose of a convenient passageway into houses or buildings to which the same shall be attached; nor shall any per- son or persons dig, build or construct any area into said courtyard, upon the following streets in the borough of Brooklyn, namely: (a) Bushwick avenue boulevard, upon the 20 feet on each side thereof set apart by law to be used as courtyards, nor shall any per- son erect or maintain any trough or basin for watering horses or any other animal, either on the sidewalk or in a courtyard of the said street. (Brookl. Ords. § 71 amend.) 5. Flushing and Port Richmond restrictions. No person or persons shall erect or maintain any stoop, steps, platform, bay window, cellar door, area, stairway into a cellar or basement, post, or erection or projection of any kind, or other obstruction or incumbrance, in, over or upon any street, in those sections of the city formerly known as the villages of Flushing and Port Richmond, respectively. (Flushing Ords. § 9.) 6. Long Island City restrictions. No person or persons shall con- struct or continue any platform, stoop or step in any street, in that section of the city formerly known as Long Island City, which shall extend more than one-tenth part of the width of the street, nor more than 6 feet, nor with any other than open backs or sides, or STREETS 315 railing; nor of greater width than is necessary for the purpose of a convenient passage-way into the house or building; nor any stoop which shall exceed 5 feet in height. (L. I. City Ords. § 7.) § 161. Areas, special restrictions. — 1. Extent of encroachment. No area in the front of any building shall extend more than one- fifteenth part of the width of any street, nor in any case more than 5 feet, measuring from the inner wall of such area to the building; nor shall the railing of such area be placed more than 6 inches from the inside of the coping on the wall of such area. (C. O. § 180.) 2. Enclosure. Every area shall be enclosed with a railing, the gates of which shall be so constructed as to open inwardly. (C. O. § 185.) The penalty was cut down from 250 to 100 dollars in 1896 and is now governed by § 170. This section has been in force since at least 1821. (See Laws of City of N. Y. 1821, p. 29.) As originally used the ordinance expressly said “no areas below the surface of any street,” and since then the area sections have always been in- cluded in the article on vaults. This is important to bear in mind, as the style of construction has changed so much since the word was first used. The tendency of the public has been to assume there^was an “area line” up to which point much latitude in building was shown. Areas must not be confused with courtyards, however, which are not and never were permitted except under special circumstances (see §165). In the earlier days it was customary to grant to certain streets and avenues, by special ordinance, the right to enclose a courtyard in front of the abutting houses with light iron railings. But such courtyards were held to be illegal and the ordinances void in Lawrence v. Mayor, etc., of N. Y., 2 Barb. 577 (1848), followed in 124 App. Div. 847; 52 Misc. 222. It was under these circumstances, that the courtyards were con- structed in Fifth avenue, 42d street, 34th street, 23d street, etc. For example, as to Fifth avenue, between 23d street and 42d street, see ordinance passed Septem- ber 30, 1844, and earlier ones. The permission, however, was revocable. The change of those streets from residential to business, as well as the growth of the city, have made the local conditions entirely different. That a reasonable encroachment on a public street is lawful for use as an area, was sustained in City of Chicago v. Rob- bins, 67 U. S. 418. Where The City of New York sought a preliminary mandatory injunction to compel the removal of steps extending fifteen feet on Fifth avenue and of an area extending fourteen feet on 34th street, denied. City of New York V. Knickerbocker Trust Co., 41 Misc. 17. But that a good cause of action was alleged in the complaint sustained in same case. Scott, J., N. Y. Law Journal, Dec. 29, 1903; aff’d in 104 App. Div. 223. And where an owner sought to restrain the municipal authorities from removing a porte-cochere extending out fifteen feet to the so-called area line on Fifth avenue, application denied. George W. Vander- bilt V. City of New York, Blanchard, J., N. Y. Law Journal, June 25, 1903. Also, see City of N. Y. v. Knickerbocker Trust Co., 52 Misc. 222. An area built as prescribed by the ordinances is legal and must be maintained by the owner in the manner prescribed as long as it lasts. Devine v. Nat Wall Paper Co., 95 App. Div. 194. See also Ackerman v. True, 175 N. Y. 3.53, McMillan v. Klaw & Erlanger, 107 App. Div. 407 and cases cited under §§ 140 in Obstructions and Incumbrances. § 162. Balustrades. — 1. Permit. All persons who wish hereafter '•’to erect balustrades beyond the street line shall first obtain written permission from the president of the borough having jurisdiction. (C. O. § 249.) 2. Extent of encroachment. No balustrade shall hereafter be erected, excepting from the second story of any house; nor shall it project more than one-twentieth of the width of the street wherein it may be erected, nor more than three feet in any case whatever. (C. O. § 250.) 3. Construction. Iron braces and railings shall be used for balus- trades, the strength and firmness of which shall be tested by the superintendent of buildings having jurisdiction, and, in case he ob- jects to any structural defect in the balustrade it shall be made to conform to his requirements or shall be removed. (C. O. § 251.) 31(3 CODE OF ORDINANCES OF THE CITY OF NEW YORK 4. Merchandise not to he exposed upon balustrades. No goods, wares, merchandise or manufactures of any description shall be placed or exposed to show or for sale upon any balustrade that now is or hereafter may be erected upon any street. (C. O. § 261.) § 163. Bay windows, show windows. — 1. Definition. Unless other- wise expressly stated, whenever used in this article the term “bay window’^ shall be taken to mean and include all projections on the face of a building in the nature of windows, such as are commonly called bay windows, show windows, oriel windows and bow windows, without regard to the material of which they are constructed or to the purposes for which they are to be used. 2. General provisions. Bay windows may be hereafter erected with a projection of not more than 3 feet beyond the building line; provided that when the projection exceeds 1 foot beyond the build- ing line the total number of feet in width occupied by all the bay windows on the same frontage of the same building shall not exceed 75 per cent, of the width of the frontage of the building on which they are located. When the total number of feet to width occupied by all the bay windows on the same frontage of the same building exceeds 75 per cent, of the width of the frontage of the building on which they are located, the projection shall not exceed 1 foot beyond the building line, nor shall the bay window be carried higher than the sill course of the second-story windows. 3. Permits. The borough presidents and the park commissioners, having jurisdiction, may issue permits for the erection of bay windows projecting beyond the building line; provided, in the opinion of the officer having jurisdiction, no injury will come to the public thereby. Permits for the erection of bay windows lying within any park, square or public place, or within a distance of 350 feet from the outer boundaries thereof, shall be issued by the park commissioner having jurisdiction, as provided in section 612 of the Charter, as amended by section 1, chapter 723 of the Laws of 1901; permits for the erection of all other bay windows shall be issued by the borough president having jurisdiction. All such permits shall be issued in duplicate, one of which shall be retained by the applicant and kept at the building during the erection of the window, and the other shall be filed by him, with the plans for the construction of the window, in the appropriate bureau of buildings. 4. Applications for permits. Before the erection of any bay win- dow, projecting beyond the building line, shall have been commenced, the owner or his duly authorized agent shall make application in writing to the officer having jurisdiction, on suitable blanks furnished by him, and shall state the length and width of the proposed bay window, the number of stories through which it is intended to be carried, and the number of square feet of area covered by that por- tion of the bay window projecting beyond the building line. Draw- ings, showing the size of and area covered by the bay window, the number of stories through which it is proposed to be carried and its location, in reference to the lot and building lines, shall be submitted with each application and, for the purpose of computing the area cov- ered by a bay window projecting beyond the building line, the out- side face of the bay, exclusive of cornices, pilasters, trims, etc., shall be the line taken as a basis of computation. STREETS 317 5. Consent of adjoining properly owners. Each application for the erection of a bay window, projecting more than 1 foot beyond the building line, shall have indorsed thereon the consent of all the adjoining property owners within a distance of 50 feet from the center of the bay window, on the same side of the street; meaning, thereby, so much of the side of a street as is unintersected by any other street on which it is proposed to be erected. 6. Certificate of assessed valuation. Each application for the erec- tion of a bay window, projecting more than 1 foot beyond the build- ing line, shall be accompanied by a certified copy of the last assessed valuation of the property on which said bay window is to be erected, as it appears upon the books of the department of taxes and assess- ments. 7. Charge for privilege. Each application under this section shall be accompanied by the amount of the compensation due the city for the privilege of erecting said bay window, as follows: (a) Except, as hereinafter provided, the amount that shall be paid, as a compensation to the city for the privilege of erecting each bay window, shall be at the rate of 10 per cent, of the assessed value per square foot of the property on which the said bay window is to be erected, for each and every square foot, or fraction thereof of area covered by said bay windo'w beyond the building line, for each and every story through which it is carried; (b) If the projection of a bay window does not exceed, 1 foot be- yond the building line, and is not carried higher than the sill of the second-story windows, the rate shall be 10 cents for each square foot or fraction thereof of horizontal area covered by the bay window beyond the building line; (c) If it shall appear, upon completion, that the bay window oc- cupies a greater number of square feet, or has been carried through a greater number of stories than shall have been paid for, the appli- cant shall pay twice the sum previously paid for each square foot of area occupied by said bay window,^ over and above the number of square feet paid for originally. All fees received by the borough presidents or the park commis- sioners for the issuing of permits for the erection of bay windows shall be accounted for, in proper books kept for that purpose, and shall be turned over by them to the city chamberlain and credited to the general fund for the reduction of taxation. 8. Continuance of existing hay windows. A permit for the continu- ance of any now existing bay window which projects beyond the building line may be issued by the officer who, according to sub- division 3 of this section, has jurisdiction over the erection of bay window^ at the same place. Application for such permit shall be in writing, and must be accompanied by a certified copy of the last assessed valuation of the property on which such bay window stands, as it appears upon the books of the department of taxes and assess- nients, and must also be accompanied by a survey, showing the dimensions of such bay window and the number of stories through which it is carried. The application shall be accompanied by the amount of the compensation due the city for the privilege of con- tinuing the bay window, calculated in the same manner and at the same rate as are provided in subdivision 7 of this section. Permits 318 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall be issued under this subdivision without consent of adjoining property owners. Permits issued under this subdivision shall be subject to all of the provisions of subdivision 2 of this section, in like manner as are permits for the erection of bay windows. They shall be issued in duplicate, and one of such duplicates shall be filed in the appropriate bureau of buildings. All fees received under this subdivision shall be accounted for and paid over as provided in sub- division 7 of this section. Nothing herein contained shall be con- strued to revoke any permit or authority heretofore lawfully issued or given. 9. Reconstruction of existing hay windows. Permits for the re- construction of existing bay windows, as defined in this section, and for the reconstruction of all bay windows which shall be here- after erected under the provisions of this section, shall be issued by the officer having jurisdiction, with the applicant’s obtaining the consent of adjoining property owners, as provided in subdivision 5 of this section; provided that the window, when reconstructed, shall have no greater projection or width, nor be carried through a greater number of stories, nor cover a greater area, than the window as originally constructed. And, further, provided that no fee shall be charged for the reconstruction of a bay window which has been erected under the provisions of any ordinance, or for which a fee has been paid for the privilege of erecting the same, under the provisions of the laws in force at the time of the erection of the window. The restrictions specified under subdivision 2 of this section shall not apply to the reconstruction of existing bay windows; but permits issued for the reconstruction of existing bay windows, for which no fee has heretofore been paid, shall be paid for as provided in sub- division 7 of this section. 10. Building Code governs all constructions. Nothing contained in this section shall be deemed to conflict with the provisions of the Building Code, and all bay windows for which permits are issued, under the provisions of this article, shall be erected in accordance with all the provisions of said Code, in regard to the kind and quality of materials used. No plans for the construction of a bay window, as defined in this section, shall be approved by a superintendent of buildings until the permit is filed, as provided by subdivision 3 of this section. 11. Permits revocable. Permits granted pursuant to the provisions of this section are revocable permits, and shall have the following clause printed thereon, viz.: “This permit is issued subject to rev- ocation thereof at any time hereafter by the Board of Aldermen or the Board of Estimate and Apportionment of The City of New York, upon the recommendation of the officer having jurisdiction, when the space occupied by said bay window, or any portion thereof, may be required for any public improvement, or, upon any viola- tion of any of the terms or conditions upon which this permit is issued.” 12. Expired permits. A permit for the erection of a bay window shall be deemed to have expired when the bay window shall have been taken down, and the space formerly occupied thereby shall no longer be used for the purpose for which the permit was issued, unless a permit for its reconstruction shall have been granted, as provided STREETS 319 in subdivision 9 of this section. In case it is thereafter desired to erect a bay window on the said property, the applicant shall comply with all the provisions of this section. This section is taken from the Ordinance of January 30, 1903. The case of Williams v. Silverman Construction Co., Ill App. Div. 679, ex- pressly holds that permits granted under this ordinance are invalid, as the Board of Aldermen has no power to allow permanent encroachments on the public highways. But see, contra, Broadbelt v. Loew, 15 App. Div. 343, aff’d 162 N. Y. 642. Sec- tion 86 of the Consolidation Act there construed has been practically incorporated in section 49 of the Charter. The Park Commissioners have power to grant permits for bay windows which project beyond the building line but within the stoop-line. Wormser v. Brown, 149 N. Y. 163. This case, however, has been distinguished in Ackerman v. True, 175 N. Y. 353, which declares permits and ordinances allowing permanent encroachments on the public streets to be invalid. Bay windows have always been allowed in the city, but before this ordinance they were limited to one foot. (See Laws and Ordinances 1793, p. 17, par. 13, and subsequent compila- tions.) See also Acme Realty Co. v. Schinasi, 154 App. Div. 397, and cases cited under § 140, supra. § 164. Cellar doors and steps. — 1. Limit of projection of doors. No person shall construct or continue the use of any cellar door which shall extend more than one-twelfth of the width of any street, nor more than 5 feet into any street. (C. O. § 193.) In 1793 the limit was one-fifteenth of the street, in 1808 this was changed to one- tenth, and in 1821 the present rate of one-twelfth was fived. 2. Porches over cellar doors. No person shall hereafter construct any porch over a cellar door. (C. O. § 246.) 3. Safeguarding cellar steps. Every entrance or flight of steps, projecting beyond the line of the street and descending into any cellar or basement story of any house or other building, where such entrance or flight of steps shall not be covered, shall be inclosed with a railing on each side, permanently put up, from 3 to 33^ feet high, with a gate to open inwardly, or with 2 iron chains across the front of the entranceway, 1 near the top and 1 in the center of the railing, to be closed during the night, unless there be a burning light over the steps, to prevent accidents. (C. O. § 194.) See as to liability of landlord or tenant, Schroeck v. Reeis, 46 App. Div. 502; Brogan v. Hannan, 66 N. Y. Supp. 1066; SturiPwald v. Schreiber, 69 App. Div. 476. § 165. Courtyards on private property. — In all cases where the owners of property shall, in the erection of dwellings, set the same back from the line of the street a distance of 3 feet and upward, for the purpose of ornamental courtyards, they shall be permitted, for that purpose, to inclose with a neat railing, in addition to the space receded from, so much of the sidewalk in front as is allowed by ordinance for stoops; provided the gates of such inclosure shall be so constructed as to open inwardly. § 166. Ornamental projections. — 1. Definition. For the purposes of this section '^an ornamental projection” shall be taken to mean and include all decorative projections on the face of a building beyond the building line,^ in the nature of porches, arches, porticos, pedestals, free-standing statuary, columns and pillars, which are erected purely for the enhancement of the beauty of the building, from an artistic standpoint. The so-called “Ornamental Projection” ordinance of Apr. 20, 1903, was expressly held void in McMillan v. Klaw & Erlanger, 107 App. Div. 407. Since then the courts have repeatedly held permanent projections and encroachments in the streets were illegal. City of N. Y. v. Rice, 198 N. Y. 131; Harfield v. Strauss, 117 App. Div. 671; People ex rel. Cross v. Ahearn, 124 App. Div. 840 320 CODE OF ORDINANCES OF THE CITY OF NEW YORK 2. Application of provisions of § 163. Except as otherwise specifi- cally provided in this section, all the provisions of § 163 of this article, relating to bay windows, save those of subdivision 5 thereof, shall govern the construction, continuance and reconstruction of orna- mental projections, in the same manner and to the same extent as if repeated in this section. 3. Manhattan limitations and restrictions. Ornamental projec- tions, which shall extend not more than 2 feet beyond the building line, may hereafter be erected on buildings in the borough of Man- hattan, situated on (a) Broadway, to the south of Fifty-ninth street; (b) Fourteenth street, between Broadway and Sixth avenue; (c) Twenty-third street, between Third and Sixth avenues; (d) Thirty-fourth street, between Third and Ninth avenues; (e) Fifty-ninth street, between Third and Ninth avenues; (f) Fifth avenue, between Fourteenth street and Fifty-ninth street. On all other streets ornamental projections may be erected; pro- vided they shall extend not more than one-fifteenth part of the width of the street they are upon, nor in any case more than 5 feet beyond the building line. § 167. Porches y platforms and stoops. — No person shall construct or continue to use any platform, stoop or step in any street which shall extend more than one-tenth part of the width of the street, nor more than 7 feet, nor with any other than open backs or sides or railings, nor of greater width than is necessary for the purpose of a convenient passageway into the house or building, nor any stoop or step which shall exceed 5 feet in height. Nothing contained herein, or in the preceding sections of this article, shall be deemed to pro- hibit the continuance of porches, doors, stoops, platforms or steps which were heretofore erected, unless the same shall be complained of to the board of aldermen, which may direct their removal or alteration within a reasonable time. (C. 0. § 247, 248.) This has remained practically the same since 1821. The Laws and Ordinances of 1793 provided (p. 12) that no platforms, stoop, steps, etc., should extend more than one-tenth part of the width of the street, and should have open backs and railings. By 1817 there was added the limitation, “nor more than seven feet . . . and for the mere purpose of a passageway into the houses or buildings. See Ordi- nances 1817, par. XII of Ch. 13. In the Ordinances of 1821 we find the height limited to five feet. R. O., 1821. See note under sections 161 as to areas and en- croachments. Action to remove nuisance outside stoop-line not allow amendment to include structures within stoop-line. City of N. Y. v. Knickerbocker T. Co., 121 App. Div. 740. See notes to § 140, supra. This section, with verbal changes, such as the substitution of Board of Aldermen for the Street Commissioner, has been contained in every revision of the ordinances since 1839. “Porches” and “Doors” are named as the earlier ordinances included them in the preceding sections herein referred to. § 168. Removal of unauthorized projections, encroachments and incumbrances. — The president of the borough having jurisdiction may give a written or printed notice to the owner of the premises, by service upon such owner, or upon the occupant of the premises, re- quiring such owner to remove or alter any unauthorized projection, encroachment or incumbrance, within a period to be specified in such notice, which shall be in writing, and shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot, in front of which the projection, encroachment or incumbrance may be, or by posting the STREETS 321 said notice or order thereon. At any time after the expiration of the time specified for that purpose in the notice, if such encroachment, encumbrance or projection shall not then have been removed or altered, the president of the borough may, by notice or order, direct and cause such encroachment, incumbrance or projection to be re- moved or altered, at the expense of the owner or constructor thereof, who shall be liable to the city for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by § 170 of this article, to be recovered with costs of suit. (C. O. §§ 221, 222 .) § 169. Notification to corporation counsel. — The president of each borough shall present and report all encroachments on the streets, which may be brought to his notice, to the corporation counsel, and shall take such other action thereon as may be prescribed by ordi- nance in relation thereto. (C. O. § 91.) § 170. Violations. — Any person who shall violate any of the provi- sions of this article or fail to comply therewith, or any requirement thereof, or who shall violate or fail to comply with any oflficial order or regulation made thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, or of any certificate or permit issued thereunder shall, for each and every such violation and non-compliance, respectively, forfeit and pay a penalty in the sum of $50; but if any said violation shall be removed or be in process of removal, within 10 days after the service of a notice made and served as prescribed by section 650 of chapter 5 of this ordinance, the liability of such penalty shall cease and the corporation counsel, on request of the superintendent of buildings having jurisdiction, shall discontinue any pending action to recover the same. Any person who, having been so served with a notice to remove any violation, or to comply with any requirement of this article, or with any order or regulation made thereunder, shall fail to comply with such notice, within 10 days after service thereof, or who shall continue to violate any requirement of this article in the respect named in the notice, shall pay a penalty of $250. (Building Code, § 150 changed to meet C. 0. §§ 182, 184, 246.) ARTICLE 15 SIDEWALKS Sec. 180. Construction, generally. § 181. Abutting owners^ duties and responsibilities. § 182. Drains across sidewalks. § 183. Boardwalks. § 184. Carriageways across sidewalks. § 185. Property owners may voluntarily lay sidewalks. § 186. Interference with sidewalks. § 187. Injury to or defacement of sidewalks. § 188. Obstructions. § 189. Violations. Sec. 180. Construction, generally. — All streets of 22 feet in width and upward, shall have sidewalks on each side thereof, the width, 21 322 CODE OF ORDINANCES OF THE CITY OF NEW YORK materials and construction of which shall fully conform to standard specifications for such work, all of which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (New.) § 181. Abutting property owners' duties and obligations. — 1. Gen- erally. The owner, lessee or occupant of any house or other building or vacant lot fronting on any street, shall, at his charge and expense, well and sufficiently pave, according to this ordinance, and keep and maintain in good repair, the sidewalks and curb and gutter of the street in front of such house, building or lot. (C. O. § 129.) 2. Notice to regulate and pave sidewalks. When any street shall have been paved, and a majority of owners of lots on the same block shall have regulated and paved their sidewalks, the president of the borough, in which the same is located, shall give notice to the owner, lessee or occupant of any lot in front of which the sidewalks shall not be paved, to regulate and pave the same within a certain time to be designated in the notice. Upon complaint being made to the borough president having jurisdiction thereof that any sidewalk, curb or gutter, is not paved or repaired according to this article, he may cause a notice to be served upon the owner, lessee or occupant, of any house, building or vacant lot of ground fronting thereon, to repair or relay, as the case may require, such sidewalk, curb or gutter, within 10 days after the service of such notice. (C. O. §§ 127, 130.) 3. Construction by city, reimbursement by assessment. In case the owner, lessee or occupant shall fail to lay, repair or relay, as the case may require, such sidewalk, curb or gutter, within the time required by the notice and otherwise to comply therewith, the borough presi- dent having jurisdiction is hereby authorized and required to lay or relay the flagging, and set or reset the curb and gutter, or any of such work, and to do such incidental work as may be necessary properly to construct or repair such sidewalk, and to certify the ex- pense thereof to the board of assessors. The board shall make a just and equitable assessment of such expense among the owners or occupants, of all houses or lots deemed to be benefited thereby, in proportion, as near as may be, to the advantages which they may be deemed to have acquired. (C. O. § 131.) 4. Sidewalk not to extend beyond owner's frontage. No person shall extend the sidewalk before his lot beyond that of his neighbor, in any street where the same is not yet extended to the width allowed by law; but this provision shall not be construed to prevent the extending of any such sidewalks when a majority of the owners of property, on the same side of the street and between. the two nearest corners, by and with the permission of the president of the borough in which said street is located, agree to and do extend the sidewalks in front of their respective lots of ground in like manner. (C. O. §§ 119, 120.) § 182. Drains across sidewalks. — No drain from any building, structure, enclosure or lot of ground shall hereafter be constructed across the surface of, or through or under a sidewalk, unless the material or materials, dimensions and construction thereof shall fully conform to standard specifications for such work, all of which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (New.) STREETS 323 § 183. Boardwalks. — No board or plank walk shall be constructed or laid down in any street, without the written permission of the borough president having jurisdiction. (Flushing Ords. § 5, made general.) § 184. Carriageways across sidewalks. — 1. General regulations. No person shall lower the curb or change the grade of a sidewalk in front of any building owned by him, for the purpose of providing a carriageway across such sidewalk, except upon complying with the following conditions, namely: (a) Application shall be made in writing by the owner to the presi- dent of the borough within which such premises are located; (b) In consideration of the granting of such permit, the borough president having jurisdiction is hereby authorized to charge a fee for the privilege, to cover all expenses in connection with the inspec- tion of the alteration of the sidewalk, and its ultimate restoration to original grade; and he may make such rules for its proper care and cleaning as he deems desirable; (c) Every such carriageway shall be constructed under the super- vision and subject to the direction of the president of the borough having jurisdiction, and on condition that upon failure to comply with all the terms of the permit the privilege may be revoked and the sidewalk restored to its original grade, at the expense of the per- son, to whom the permit was granted, or of the grantee then having title to the abutting property. (C. O. § 530, amend.) 2. Construction. All private carriageways, crossing sidewalks shall be paved with granite, bluestone -or artificial stone, and not with bricks or with round or paving stones. (C. O. § 122.) 3. City may constraint or reconstruct at expense of owner. In case any part of a private carriageway shall not be paved, repaved or repaired according to the provisions of the preceding subdivision, thedDorough president having jurisdiction may order, in writing, the same to be done within a time mentioned in the order. At the expiration of such time, the work may be done under the direction of the borough president, and the expense thereof shall be a lien upon the lot fronting thereon. (C. O. § 123.) § 185. Property owners may voluntarily lay sidewalks. — Any owner of property may lay a sidewalk in front of his premises, of such material and in such a manner as may be prescribed by the borough president having jurisdiction, but no sidewalk shall be so laid unless under written permit issued by the borough president. (New.) § 186. Interference with sidewalks. — No sidewalks or any part of a sidewalk shall be taken up in whole or in part, for any purpose what- ever, without the written permission of the president of the borough having jurisdiction, under the penalty of $25 for each offense; but the provisions of this section shall not apply to the making of neces- sary repairs to any such sidewalk, nor to the resetting, when neces- sary, of any curb or gutter stone that may have become displaced, broken or sunken, nor to the necessary repair or alteration of any coal slide under a sidewalk. (C.* O. § 121.) § 187. Injury to or defacement of sidewalks. — 1. Breaking or in- juring. No person shall break or otherwise injure any sidewalk or footpath under the penalty prescribed by § 189 of this article; pro- vided that such penalty shall not accrue in case of an accidental 324 CODE OF ORDINANCES OF THE CITY OF NEW YORK breaking of or injury to a sidewalk, which is repaired, to the satisfac- tion of the borough president having jurisdiction, within 48 hours after such break or injury. (C. O. § 267.) 2. Defacing. No person shall deface any sidewalk by printing or writing thereon, or attaching thereto, in any manner any advertise- ment or other printed matter. (Manh. Ords. § 84.) § 188. Obstructions. — 1. Merchandise. No person shall hang or place any goods, wares or merchandise, or suffer, maintain or permit the same to be hung or placed, at any greater distance than 3 feet in front of his or her house, store or other building, and not a greater height than 5 feet above the level of the sidewalk. Wares or mer- chandise in process of loading, unloading, shipment or being receivt^d from shipment, may be transferred from trucks or other vehicles over the sidewalk by the use of skids, or by backing up trucks on the sidewalks while so doing. Household furniture may be tempora- rily placed on a sidewalk for the purpose of loading or unloading the same during daylight and without unreasonable delay; but, in any such case, a passageway shall be kept open within the stoop- line of the building, abutting on the sidewalk so obstructed, for the free movement of pedestrians. (C. O. § 262 revised.) For a century no goods, wares or merchandise could be hung in the street more than one foot beyond the house line. (Law and Ordinance 1793, p. 17, and sub- sequent revisions.) But this was gradually enlarged by ord. of April 8, 1884; Sept. 9, 1889; March 29, 1894, and Dec. 7, 1896. While goods may be placed on the sidewalk in process of shipment, this must be temporary only and not amount to a virtual appropriation of the sidewalk to a private owner’s use. Callanan v. Gilman, 107 N. Y. 360. Permits cannot be given to display goods and merchandise on the sidewalk. People v. Willis, 9 App. Div. 214. 2. Vehicles. Except as otherwise provided in this section, no owner or occupant of any store or house shall lead, ride or drive a horse or permit or suffer any cart or other wheel carriage to be driven or otherwise to pass or go over or upon the footpath or sidewalk opposite to such house or store, for any purpose whatever, except over a carriageway authorized and constructed in accordance with the provisions of § 184 of this article. (C. O. § 266 revised.) § 189. Violations . — No person shall violate any of the provisions of this article under a penalty of $50 for each offense. No such violation shall be continued under an additional penalty of $5 for each day so continued. Any person who shall wilfullj'' violate, or neglect or refuse to comply with any provision of this title, or any lawful regulation, order or special direction made thereunder, may also, upon conviction thereof, be punished by a fine of not more than $50, or by an imprisonment for not exceeding 39 days, or by both such fine and imprisonment. (New. Charter § 773 and C. O. § 379.) ARTICLE 16 SIGNS AND SHOWBILLS Sec. 210. General provisions. § 211. Ground signs and roof signs. § 212. Ground signs, special provisions. § 213. Roof signs, special provisions. § 214. Signs on walls. STREETS 325 § 215. Electric signs. § 216. Unsafe signs. § 217. Unlawful signs. § 218. Alteration of existing signs. § 219. Exemptions. § 220. Retroactive effect. § 221. Inspections. § 222. Public signs, protection of. § 223. Violations. Sec. 210. General provisions. — Except as otherwise specified in the succeeding sections of this article, signs, showbills and show- boards may be placed on the fronts of buildings, with the consent of the owner thereof. They shall be securely fastened, and shall not project more than 1 foot from the house wall, except that signs may be hung or attached at right angles to any building and extend not to exceed 3 feet therefrom in the space between the second floor (the ground floor being considered the first floor) and a point 8 feet in the clear above the level of the sidewalk in front of such build- ing. Signs may be attached to the sides of stoops, but not to extend above the railing or beyond the stoop-line of any stoop. No sign, showbill or showboard shall be placed, hung or maintained except as prescribed in this article. (C. O. § 260.) Signs have always been allowed at a distance of one foot. See Laws and Ordi- nances, 1793, p. 18. This article embraces the former provisions as to “sky signs” in section 144 of former Building Code. See Chapter 5, Building Code, art. 22 of the present code which defines manner of construction of frame fences, bill-boards and signs. Restriction of bill-boards to 6 feet valid. City of Rochester v. West, 164 N. Y. 510; Gunning v. Buffalo, 75 App. Div. 31. Ordinance in Hastings held unreasonable as to bill-boards. People v, Hastings, 77 Misc. 453. See notes 21 L. R. A. (N. S.) 735. Bill-board restrictions are reasonable and valid exercise of police power. People ex rel. Van Beuren v. Miller, 161 App. Div. 138. The provisions of former section 144 of Building Code as to signs refer to bill- boards and sky-signs only, all others come under the general ordinances. People V. Schmidt, 51 Misc. 258. § 211. Ground signs and roof signs. — 1. Permits required. No ground sign or roof sign shall be erected until a permit therefor shall have been issued by the superintendent of buildings having jurisdic- tion. Each superintendent of buildings may prescribe suitable regulations, consistent with the provisions of this article, concerning the forms and contents of applications for the various forms of per- mits. (Ord. May 29, 1914.) 2. Plans and specifications. No such permit shall be issued unless plans and specifications, showing the dimensions, material and details of construction of the proposed sign, accompanied by the written consent of the owner or lessee of the property upon which it is to be erected, shall have been filed with the superintendent of buildings having jurisdiction, nor until all of the provisions of the Building Code, relating to such structures, shall have been complied with. (Id. § 6.) 3. Electric wiring and appliances. In the case of a sign illuminated by electricity, a certificate must also be procured from the depart- ment of water supply, gas and electricity, certifying that the electric wiring and electric appliances of the proposed sign are in conformity with the rules and regulations of that department. (Id. § 6.) 32G CODE OF ORDINANCES OF THE CITY OF NEW YORK 4. Fees. Before any permit shall be issued under this section, a fee therefor shall be paid to the appropriate bureau of buildings as follows: For ground signs, $2; for roof signs having a tight, closed or solid surface, $5; for roof signs not having a tight, closed or solid surface, $10; provided that each face of any such sign structure, when fronting on different streets shall be considered to be a separate sign. (Id. § 6.) 5. Existing structures. Permits shall be issued for existing signs not conforming to the requirements of this article, provided such signs were erected in conformity with the legal requirements in effect when they were erected, but no fees shall be charged for permits or registration for existing signs. (Id. § 7.) ^ 6. Registration and identification. Every ground sign and roof sign existing or hereafter erected, shall be registered with the bureau of buildings of the borough in which such structure is situated, by the person maintaining the same, and shall have displayed upon the front thereof the name and address of such person, and the serial, number of the permit issued for such structure. The bureau of buildings may issue permits in several series so as to distinguish between existing signs and new sign structures erected in conformity with this article, or between various classes of signs. (Id. § 7.) § 212. Ground signs; special provisions. — 1. Construction. No ground, fence, bill-board or sign within the fire limits of the city shall be at any point over 12 feet above the ground; provided that when the face of any sign, excepting the ornamental moulding thereof, shall be constructed entirely of metal or of wood covered on all sides with sheet metal, the sign shall not be at any point over 24 feet above the ground. (Ord. May 29, 1914, § 2.) 2. Maintenarice. Any person, occupying any vacant lot or prem- ises with a bill-board, sign or other advertising structure or device, shall be subject to the same duties and responsibilities as the owner of the lot or premises, with respect to keeping the same clean, sanitary, inoffensive and free and clear of all noxious substances in the vicinity of such bill-board, sign, structure or device; and with respect to the removal of snow from the sidewalk and curb in front thereof. (Id. § 2.) § 213. Roof -signs, special provisions. — 1. Construction. All roof sign structures shall be so constructed as to leave a clear space of at least 7 feet between the roof level and the lowest part of the struc- ture, and at least 5 feet between the vertical supports thereof; such structures shall be set back at least 6 feet from the face of the front and rear walls and shall not interfere with any openings in the roof or with any fire escape. Such structures, excepting the ornamental surface moulding thereof, shall be constructed entirely of metal, including the uprights, supports and braces for same, and shall be required to bear a wind pressure of not less than 30 pounds to the square foot of area subject to such pressure. (Id. § 3.) 2. Restrictions, (a) No roof sign structure having a tight, closed or solid surface shall be at any point over 31 feet above the roof level. (b) Roof sign structures not having a tight, closed or solid surface may be erected upon fireproof buildings to a height not exceeding 75 feet above the roof level, and upon non-fireproof buildings to a height not exceeding 50 feet above the roof level, but the portions of STREETS 327 such structures covered and exposed to wind pressure shall not exceed 35 per cent, of the total area. (Id. § 3.) § 214. Signs on walls. — 1. Construction. No sign shall be erected upon the front, rear or side wall of any building so as to project above either the roof comice or parapet wall, or above the roof level, where there is no cornice or parapet wall; except that a sign erected at a right angle to the building wall, the horizontal width of which sign parallel to such wall does not exceed 2 feet, may be erected to a height not exceeding 2 feet above the roof cornice or parapet wall, nor above the roof level where there is no comice or parapet wall. A sign attached to a corner, and parallel to the vertical line of such corner, shall be deemed erected at a right angle to the building wall. (Id. § 4.) 2. Restriction. No such sign shall be so erected as to cover the doors or windows of any building, or otherwise prevent free ingress or egress to or from any window, door or fire escape on any building. (Id. § 4.) §215. Electric signs. — 1. Application of preceding sections. Except as hereinafter specifically prescribed, all provisions of §§ 211 to 214, inclusive, of this article, shall apply to the continuance, construction, alteration, reconstruction and maintenance of electric signs, as hereinafter defined. 2. Issue of permits. All permits for electric signs shall be issued by the city clerk, upon applications therefor approved by the com- missioner of water supply, gas and electricity and the superintendent of buildings having jurisdiction. 3. Definition. Any letter, word, model, sign, device or representa- tion, used in the nature of an advertisement, announcement or direction, illuminated by electricity, erected on any building and extending beyond the building line, shall be deemed to be an electric sign. 4. Fee for permit. The applicant for a permit to construct or maintain an electric sign shall pay to the city clerk an annual fee of 10 cents for each square foot of sign space or part of square foot of such sign space displayed on such electric sign, to be computed and collected by the city clerk. The square feet of sign space on one side of an electric sign, however, shall be deemed to be the entire number of square feet of sign space, for the purpose of computing the license fee herein referred to and required to be paid. 5. Consent of owner of adjoining residence. No permit shall be issued for the erection of an electric sign on a building which adjoins another occupied exclusively as a private residence, until the appli- cant for the permit shall have filed the written consent of the owner of such residence to the erection of the proposed sign. 6. Restrictions, (a) No electric sign shall extend more than 8 feet from the building line, nor shall any such sign be less than 10 feet in the clear above the level of the sidewalk beneath the same. (b) All electric signs shall be constructed entirely of metal or other incombustible material, except the insulation thereof, including the uprights, supports and braces for the same, and shall be properly and firmly attached to the building, and shall be so constructed as not to be or become dangerous. (Ord. July 24, 1912.) § 216. Unsafe signs. — Should any fence, sign, bill-board or roof 328 CODE OF ORDINANCES OF THE CITY OF NEW YORK sign or sign structure be or become insecure, or in danger of falling, or otherwise unsafe, in the opinion of the superintendent of buildings, the owner thereof, or the person maintaining the same, shall, upon notice from the superintendent, forthwith in case of immediate danger, and in any case within 10 days, secure the same, under the supervision of and in the manner to be approved by the superintend- ent, in conformity with the provisions of this article. (Ord. May 29, 1914.) § 217. Unlawful signs. — In case any sign or sign structure, shall be attached at other than a right angle to the wall of the building, extending outside the building line and projecting above the roof cornice or parapet wall or above the roof level, where there is no cornice or parapet wall, or shall be so erected as to prevent free ingress and egress to and from any door, window or fire escape of any building, the fire commissioner shall notify, by registered mail, the owner or lessee thereof to alter such sign or structure, so as to comply with this article, or to remove the same. If such order is not comphed with within 60 days, the fire commissioner shall re- move such sign or sign structure at the expense of the owner or lessee thereof. (Id. § 5.) § 218. Alteration of existing signs. — No existing fence, sign, bill- board or roof sign or sign structure shall be enlarged, rebuilt, struc- turally altered or relocated, except in accordance with the provi- sions of this article; provided that this requirement shall not apply to the relettering or rewiring of electric signs. (Id. § 9.) § 219. Exemptions. — No part of the foregoing sections of this article shall apply to walls constructed wholly or principally of stone, marble, brick, terra cotta, concrete, or other like material composing a masonry or monolithic wall; nor to back yard fences on the ground in the interior of a court; nor to picket fences and ornamental metal fences. (Id. § 10.) § 220. Retroactive effect. — Except as expressly provided in §§216 and 217 hereof, this article shall have no retroactive effect. (Id. § 12.) §221. Inspections. — Every sign or sign structure, for which a permit shall have been issued under any provision of this article, shall be inspected at least once in each calendar year, by or under the direction of the superintendent of buildings having jurisdiction. (Id. § 6.) § 222. Public signs, protection of. — No person shall injure, deface, obliterate, mar, remove, take down, loosen, destroy or in any other manner interfere with or disturb any signboard containing the name of any street or public place, whether it be upon public or private property. (New.) § 223. Violations. — 1. Punishment. No person shall violate any provision of this article under a penalty of $100 for each offense. No sign or sign structure shall be maintained, contrary to the pro- visions of this article, under a penalty of $10 for each day or part of a day the same shall be so maintained. 2. Abatement. Except as otherwise provided in this article any fence, sign, bill-board or roof-sign structure erected or maintained in violation of this article, shall be subject, upon notice, to abatement by the superintendent of buildings having jurisdiction. (Ord. May 29, 1914.) STREETS 329 ARTICLE 17 VAULTS AND CISTERNS Sec. 240. General provisions. § 241. Construction. § 242. Vault openings; protection of. § 243. Vault covers must afford secure footing. § 244. Violations. Sec. 240. General provisions. — 1. Definitions. Whenever used in this article, the term vault shall be deemed to mean every descrip- tion of opening below the surface of the street in front of any shop, store, house or other building, if covered over; except openings which are used exclusively as places for descending to the cellar floor of any building or buildings, by means of steps. (C. O. §§ 186, 187.) 2. Jurisdiction. Each borough president is empowered to issue permits for the construction of vaults or cisterns in the streets within his jurisdiction. (C. O. § 169.) Where a vault or cellar has existed for thirty years there is a presumption that it is with the consent of the municipal authorities. People ex rel. Zeigler v. Collis, 17 App. Div. 448; and this is true of a vault existing for nine years to the extent that it is not considered a nuisance per se. Babbage v. Powers, 130 N. Y. 281. This is merely a presumption, however. Deshong v. City of New York, 176 N. Y. 475. A permit may be revoked by the city. Lincoln Safe Dep. Co. v. City of New York, 96 App. Div. 318. Permit for vaults in public highway is in nature of re- vocable private easement which can be fully enjoyed until revoked. N. Y. Steam Co. V. Foundation Co., 123 App. Div. 254, citing Deshong v. City of New York, 176 N. Y. 475. A license for a vault does not justify a large open area. City of New York v. De Peyster, 120 App. Div. 762, aff’d 190 N. Y. 547 . See also Appleton v. N. Y., 82 Misc. 258; note 31 L. R. A. (N. S.) 868, and notes to § 140, supra. 3. Permits. No person shall cause or procure any vault or cistern to be constructed or made in any street, without a permit from the borough president having jurisdiction thereof. Every application for a permit to erect such vault or cistern shall be in writing, signed by the person making the same, and shall state the number of square feet of ground which is required for the same, and the intended length and width of the same. (C. O. §§ 170, 171.) Vault constructed in 1840 presumed to be with consent of proper authorities. Title Guarantee v. City of N. Y., 205 N. Y. 496. The City of New York has the power to regulate and authorize vaults, cellars, steps, etc., for the greater convenience of its citizens. See Jorgensen v. Squires, 144 N. Y. 281; McMillan v. Klaw & Erlanger, 107 App. Div. 407. And where a vault has existed since 1876 without a permit, held, where it was being rebuilt, the city could compel being paid for space used since no permit could be proved, and no right of prescription exists as against the public. Deshong v. City of New York, 74 App. Div. 234; aflfirmed, 176 N. Y. 475. Where, by special statute, an area space in a tenement was covered over, held not to be a vault within meaning of ordinance. Buek v. Collis, 17 App. Div. 465. The charter amendments make this inapplicable now. City of New York v. Madison Ave. Real Est. Co., 42 Misc. Rep. 535. But a vault erected without permission in a dangerous condition must be allowed to be repaired without first taking out a permit. People v. Collis, 17 App. Div. 448. These vault permits have been issued since May, 1857. Deshong V. City, supra. As to what constitutes a “vault,” see City of New York v. Buek, 43 Misc. 663. Where a permit was paid at suggestion of a policeman, held pay- ment was voluntary, and could not be recovered from the city. Wolff v. CXty of New York, 92 App. Div. 449. Payment for permit held to be voluntary and cannot be recovered. Mahoney v. City of N. Y., 145 App. Div. 884. 4. Compensation. Upon receiving such permit, the applicant therefor shall forthwith pay to the borough president such sum as 330 CODE OF ORDINANCES OF THE CITY OF NEW YORK he shall certify in the permit to be a just compensation to the city for such privilege, calculated at the rate of not less than 30 cents, nor more than $2 per foot, for each square foot of ground mentioned as required for such vault or cistern. (C. O. § 172.) 5. Measurement. Every person for whom any vault or cistern may be in process of construction shall procure the same to be meas- ured by a city surveyor, who shall deliver to the borough president granting the permit therefor a certificate of the measurement signed by such surveyor, accompanied by a diagram showing the complete dimensions of the same and its location relative to the nearest in- tersecting street corner, before the construction of such vault or cistern shall be commenced. (C. O. § 174.) 6. Refundments. If, from subsequent measurements, it shall appear that less space has been taken than that paid for, the per- mittee shall be entitled to receive a certificate from the borough president who issued the permit, showing the difference. Upon the presentation of said certificate of difference to the comptroller, he shall pay a rebate to the permittee, the amount of which shall be the difference in money between the space fee originally paid and the fee for space actually taken; provided the surveyor’s certif- icate was filed or on after the 1st day of March, 1913. (C. O. § 172 as amend.) 7. Unauthorized encroachments. If it shall appear that the vault or cistern occupies a greater number of square feet than shall have been paid for as aforesaid, the owner thereof shall, in addition to the penalty imposed by this article, forfeit and pay twice the sum previously paid for each square foot of ground occupied by the vault or cistern, over and above the number of square feet paid for as aforesaid. 8. Limitation. No person shall erect or build, or cause or permit any vault or cistern to be made, which shall extend further than the line of the sidewalk or curbstone of any street. (C. O. § 173.) 9. Responsibility. The master builder who shall complete or begin the construction of a vault, and the owner or person for whom the same shall be excavated or constructed shall be liable to the provisions, payments and penalties of this article, severally and respectively. (C. O. § 186.) § 241. Construction. — 1. Materials. All vaults or cisterns shall be constructed of brick or stone, and the outward side of the grating or opening into the street shall be either within 12 inches of the outside of the curbstone of the sidewalk, or within 12 inches of the coping of the area in front of the house to which such vault shall belong. All grates of vaults shall be made of iron, the bars whereof shall be ^4 of an inch wide and of an inch thick, and not more than % of an inch apart. (C. O. §§ 175-177.) 2. Completion of work. All vaults and cisterns shall be completed and the ground closed over them within 3 weeks after they are com- menced. (C. O. § 179.) § 242. Vault openings; protection of. — No person shall remove or insecurely fix, or cause, or procure, or suffer, or permit to be removed or to be insecurely fixed, so that the same can be moved in its bed, any grate or covering or aperture of any vault or chute under any street; but nothing herein contained shall prevent the owner or STREETS 331 occupant of the building, with which such vault shall be connected, from removing such gate or covering, for the proper purpose of such vault or chute; providing he inclose the opening or aperture, and keep the same inclosed while such grate or covering shall be removed, with a strong box or curb at least 12 inches high firmly and securely made, and provided that openings of more than 2 square feet of superficial area shall be inclosed at such times with strong railings not less than 3 feet high, to be approved by the borough president, and provided further that such grates or coverings shall not be re- moved until after sunrise of any day and shall be replaced before one- half hour after sunset. (C. O. §§ 188-190; B. O. § 29.) § 243. Vault covers must afford secure footing. — The police commis- sioner shall report to the president of the borough having jurisdiction the name and address of the owner or occupant of any store, dwelling or other building, having a vault under the sidewalk in front thereof, the cover of which presents a slippery surface. Thereupon, the borough president shall forthwith notify the owner or occupant to remove such coverings within 30 days and substitute therefor another that will afford secure footing for pedestrians. Each borough pres- ident shall immediately report every violation of this section to the corporation counsel for appropriate action. (C. O. § 191.) §244. 1. Violations. — No person shall violate any provision of this article, or any notice or special direction issued thereunder, under a penalty of $100. No vault or cistern shall be maintained contrary to the provisions of this article, under a penalty of $10, for each day or part of a day the same shall be maintained. (New.) AETICLE 18 MISCELLANEOUS Sec. 250. Flower pots on window ledges. § 251. Missies; ^ bean-shooters, stone-throwing, etc. § 252. Tan bark on streets. Sec. 250. Flower pots on window ledges. — No person shall place or keep on any window sill, railing or balcony, top of porch or any other projection from any house or other building, any earthen flower pot, wooden box or other article or thing whatever for the cultivation or retention of flowers, shrubs, vines or other article or thing whatever, unless such flower pot, box or other article is securely and firmly fastened or protected by iron railings, so as to render it impossible for the same to fall into the street. (Manh. Ords. § 42.) § 251. Missies, ^ hean-shooters, stone-throwing, etc. — No bean-shooter or other instrument for throwing bullets, stones or beans, shall bo sold or offered for sale; nor shall any bean-shooter or other such instrument be used by any person for throwing bullets, stones or other missiles, nor be carried by any person, with the intention of being so used; nor shall any person throw or cast any stone, stick or other missle ^ in, from or to any street or public place. (C. O. § 549.) ^ So in original. 332 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 252. Tanhark on streets . — The mayor or any alderman, the department of health, the police commissioner, or the inspector or captain of police assigned to the precinct in which the premises are situated, shall, upon application, grant permission to lay tanbark in the carriageway in front of any premises occupied by a sick or convalescent person, to the extent of 500 feet in any direction from said premises; providing all expense of placing and removing the bark shall be paid by the person making such application. The bark so placed in any street shall be removed, upon the order of the com- missioner of street cleaning, within 5 days after the recovery or death of such sick or convalescent person, and, upon failure or neglect to comply with such order, then it shall be removed by the commis- sioner, who may sue for and recover the cost of such removal in the manner provided for the collection of penalties. (C. O. § 273.) TRAFFIC REGULATIONS 333 % CHAPTER 24 Traffic Regulations Article 1. General provisions. 2. Rules of the road. 3. Miscellaneous regulations. General power is granted expressly in section 50, Greater New York Charter, “to regulate the use of streets and sidewalks by foot passengers, animals and vehicles; to regulate the speed at which horses shall be driven or ridden and at which vehicles shall be propelled in the street,” and further, “to make all such regulations in reference to the running of stages, omnibuses, trucks, cars, as may be necessary for the convenient use and accommodation of the streets, piers, wharves and stations.” But all such regulations must be reasonable. Dunham v. Trustees of Rochester, 5 Cow. 462. Police Commissioner may, by sec. 300 of the charter, regulate traffic on streets but he cannot prohibit traffic or even deny use of vehicles on parts of certain streets. Peace v. McAdoo, 110 App. Div. 13. By § 315, as amend. L. 1914, ch. 455, power of Police Commissioner to regulate vehicular traffic is further extended. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Definitions. Sec. 1. Definitions. — Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be respectively deemed to mean: 1. Curh^ the lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by curbstones or not so marked; 2. Roadway^ that portion of any street which is included within the curbs or curb lines thereof, and is designed for the use of vehicles; 3. VehicUy every wagon, carriage, omnibus, sleigh, pushcart, bicycle, tricycle and other conveyance (except a baby carriage), in whatever manner or by whatever force or power the same may be driven, ridden or propelled, which is or may be used for or adapted to pleasure riding or the transportation of passengers, baggage or merchandise upon the street; and every draught and riding animal, whether driven, ridden or led; provided that an animal or animals attached to any vehicle shall, with such vehicle, constitute but one vehicle. (C. O. § 474.) ARTICLE 2 RULES OF THE ROAD Sec. 10. Drivers; age limit. § 11. Driving. § 12. Lights. § 13. Peddlers. § 14. Riding on back of vehicle. § 15. Right of way. § 16. Obstruction of traffic. § 17. Speed. § 18. Safety stops for omnibuses and street surface railway cars. 334 CODE OF ORDINANCES OF THE CITY OF NEW YORK Sec. 10. Drivers; age limit. — Drivers or persons in charge of vehicles other than licensed vehicles shall not be less than 16 years of age, unless provided with a permit from the police department. (C. O. § 463.) § 11. Driving. — 1. Keeping to the right. Vehicles shall keep to the right, and as near the right hand curb as possible. 2. Meeting. Vehicles meeting shall pass each other to the right. 3. Overtaking others. Vehicles overtaking others shall, in passing, keep to the left. 4. Turning and starting. The driver or person having charge of any vehicle, before turning the corner of any street, or turning out or starting from or stopping at the curb line of any street, shall first see that there is suflScient space free from other vehicles, so that such turn, stop or start may be safely made, and shall then give a plainly visible or audible signal. 5. Turning to the right into another street. A vehicle turning to the right into another street shall turn the corner as near to the curb as practicable. THUS. j 6. Turning to the left into another street. A vehicle turning to the left into another street shall pass to the right of and beyond the center of the street intersection before turning. THUS. J 1 1 1 " "e ■ « s ■ 1 1 Sl 1 7. Crossing streets. A vehicle crossing from one side of the street to the other shall do so by turning to the left, so as to head in the same direction as the traffic on that side of the street. THUS. 8. Slow-moving vehicles. Vehicles moving slowly shall keep as close as possible to the curb line on the right, so as to allow faster moving vehicles free passage on the left. 9. Signal on slowing up or stopping. In slowing up or stopping, a TRAFFIC REGULATIONS 335 signal shall always be given to those behind, by vertically raising the whip or hand. 10. Stop-signal to automobiles. Every person driving an automo- bile or motor vehicle shall, at the request or signal by putting up the hand, from a person driving or riding a restive horse or horses, or driving domestic animals, cause the automobile immediately to stop, and to remain stationary, as long as may be necessary to allow said horses or domestic animals to pass. 11. Stopping. Unless in an emergency or to allow another vehicle or pedestrian to cross its path, no vehicle shall stop in any public street, except close to the curb line. Except as provided in § 16 of this article or in case of accident or other emergency, or when di- rected to stop by the police, no vehicle shall stop, in such a way as to obstruct any street or crossing, for the purpose of taking on or setting down a passenger, or loading or unloading freight, or for any other purpose. No vehicle shall stop or stand within the intersection of any street, nor within 10 feet of a street corner. 12. Standing at curb. In no case shall a vehicle remain backed up to the curb, except when actually loading or unloading, and no vehicle shall stop with its left side to the curb. 13. Obstructing traffic. No vehicle shall be allowed to remain upon or be driven through any street, so as willfully to blockade or obstruct the traffic of that street. 14. Overloading teams. No vehicle shall be so overloaded that the horse or motor attached thereto shall be unable to draw or propel it. (Rules of Road Ord. Dec. 14, 1903.) § 12. Lights. — 1. Horse drawn vehicles. Every vehicle using the streets shall show between sunset and sunrise, a light or lights, so placed as to be seen from the front, rear and each side. If a dash lantern is carried, it shall be placed on the left-hand side. Such light or lights shall be of sufficient illuminating power to be visible at a distance of 200 feet, and shall show white in front, but may be colored on the sides and rear. 2. Motor vehicles. Every motor vehicle, except motor cycles, shall exhibit, during the period specified in the preceding subdivision, 2 white lights, visible at a distance of 300 feet in the direction toward which the vehicle is proceeding, and shall also exhibit a red light, visible in the reverse direction. The lights shall be so placed as to be free from obstruction by other parts of said vehicle. No operator of any motor vehicle, while operating the same upon any street, shall use any acetylene, electric or other headlight, unless it shall be so shaded as not to blind or dazzle other users of the highway, or make it difficult or unsafe for them to ride, drive or walk thereon. (C. O. 458 as amend.) 3. Motor-cycles. All motor-cycles shall be subject to the provi- sions of subdivision 1 of this section. (New.) 4. Exceptions. This section shall not apply to any equestrian; nor to any animal led or driven and not attached to any vehicle; nor to the rider of a bicycle, tricycle or similar vehicle, whose light has become extinguished, or who is necessarily absent from his home, without a light, when going at a pace not exceeding 6 miles an hour, and giving a clearly audible signal as often as 30 feet are passed over. (C. O. § 459.) 336 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 13. Peddlers. — 1. General regulations. No peddler, vender, hawker or huckster shall permit any cart, wagon or vehicle, owned or controlled by him or her, to stop, remain upon or otherwise incumber any street in front of any premises, the owner of or lessee of the ground floor thereof objecting thereto. No peddler, vender, hawker or huckster shall permit his or her cart, wagon or vehicle to stand on any street, within 25 feet of any corner of the curb. 2. Restricted streets. No peddler, vender, hawker or huckster shall stop or remain, between 8 o’clock a. m. and 6 o’clock p. m., in Amsterdam avenue, between 67th street and 70th street, Man- hattan; Avenue A, between Houston and 7th street, Manhattan; Avenue B, from Houston street to 14th street, Manhattan; Avenue C, from Houston street to 14th street, Manhattan; Broadway, from 134th street to 158th street, Manhattan; Centre street, from New Chambers street to Park row, Man- hattan , Chambers street, between Broadway and Centre street, Man- hattan , Claremont parkway, from Crotona park to Claremont park. The Bronx; Fulton street, between Broadway and Pearl street, Manhattan; Manhattan avenue, between Driggs avenue and Vernon avenue, Brooklyn; Montrose avenue, between Broadway and Bush wick place, Brooklyn; Nassau street, between Spruce and Wall streets, Manhattan; Park avenue, from 111th street to 134th street, Manhattan; Park row, from New Chambers to Ann street, Manhattan; West End avenue, between 67th street and 70th street, Manhattan; 67th, 68th and 69th streets, from Amsterdam avenue to the westerly end of said streets, Manhattan; The territory bounded by Catherine street, the Bowery, Stanton street and the East river, Manhattan. None of the provisions of this section shall be construed as regulat- ing the crying or hawking of newspapers. § 14. Riding on back of vehicles. — No person shall ride upon the back of any vehicle without the consent of the driver, and when riding no part of a person’s body shall protrude beyond the limits of the vehicle. (C. O. § 464.) § 15. Right of way. — 1. Direction. On all streets and public places, all vehicles going in a northerly or southerly direction shall have the right of way over any vehicle going in an easterly or westerly direc- tion. (C. O. § 448a.) 2. Vehicles having precedence. The officers and men of the fire department and of the fire patrol, with their apparatus of all kinds, when going to, or on duty at or returning from a fire; all ambulances, whether of public or private character, and all other vehicles when employed in carrying sick or injured persons to hospitals or other places for relief or treatment; vehicles of the police department; vehicles of the several bureaus of buildings; emergency wagons of public service corporations, and vehicles of all physicians who have a police permit shall have the right of way in any street and through TRAFFIC REGULATIONS 337 any procession, except over vehicles carrying the United States mail. The police department is hereby empowered to issue a permit for such right of way to any duly registered physician making applica- tion therefor, which permit shall not be transferable. (C. O. § 449, amend. July 2, 1912.) 3. Street cars. Subject to the preceding subdivisions of this section, surface cars, running on tracks laid in the streets especially for their use, shall have the right of way along such tracks, between cross streets, over all vehicles moving in the same direction at a less rate of speed than 15 miles an hour. The driver of any vehicle proceeding upon the track in front of a surface car shall turn out as soon as possible upon signal by the motorman or driver of the car. (C. O. § 450.) § 16. Obstruction of traffic. — 1. General provision. No person shall stop a cart, or any other vehicle, on any crosswalk or intersection of streets, so as to obstruct or hinder the travel along the same; nor place any cart or other vehicle crosswise of any street, except to load thereon or unload therefrom, but in no case shall any person permit such cart or other vehicle to remain crosswise of any street for a longer period than may be actually necessary for such purpose. 2. Streets used by surface cars. The owner or occupant of any store, warehouse or building in any street, in which the rails of any railroad company are laid so close to the curbstones as to prevent the owner or occupant from keeping any such cart or other vehicle in the carriageway in front of his place of business, without interference with the passing cars of any such company, may, during business hours, occupy so much of the sidewalk as may be necessary for a cart or other vehicle; provided that sufficient space be allowed for the passing of pedestrians between the cart or other vehicle and the stoop or front of every such store, warehouse or other building. 3. Broadway, Fifth avenue and Park row. In no case shall any cart, wagon or other vehicle be placed crosswise of the carriageway on Broadway or Fifth avenue, south of 59th street, in the borough of Manhattan, nor on Park row, in that borough; nor shall any such cart, wagon or other vehicle be permitted to remain in front of any premises on Broadway or Fifth avenue, south of 59th street, nor on Park row, unless placed in close proximity to the curb, with the side of such cart, wagon or other vehicle parallel therewith. (C. O. § 443.) § 17. Speed. — 1. General provisions. — No person shall operate, drive or propel, and no owner thereof riding thereon or therein shall cause or permit to be operated, driven or propelled, on any street or public place, any bicycle, tricycle, velocipede, motor-cycle, motor- tricycle, motor delivery wagon, or motor vehicle however propelled, or any vehicle drawn by horses or other animals, recklessly or negligently, or at a speed or in a manner so as to endanger, or to be likely to endanger, the life or limb or property of any person. A rate of speed exceeding 15 miles per hour shall constitute prima facie evidence of a prohibited rate of speed and manner of driving, and of a violation of the provisions of this section; a rate of speed exceeding 20 miles per hour shall constitute a prohibited rate of speed and manner of driving, and a violation of the provisions of this section, and a rate of speed exceeding 25 miles per hour, on a public high- way which passes through country or outlying sections that are sub- 22 338 CODE OF ORDINANCES OF THE CITY OF NEW YORK stantially undeveloped and sparsely settled, shall constitute a pro- hibited rate of speed and manner of driving, and a violation of the provisions of this section. (Ord. Apr. 29, 1913.) § 454, as to speed motor vehicles in N. Y. City not repealed by Highway Law, §§ 280, 287, 288, as amend, fixing 30 miles. People v. Untermyer, 153 App. Div. 176. As to liability for accidents by speeding fire wagons. Farley v. Mayor, 152 N. Y. 222 . As to Motor Vehicle Law of 1904, see People ex rel. Heiner v. Keeper, etc., 55 Misc. 611. Limit to 6 miles an hour, valid. City Buffalo v. N. Y. Lake Erie, 54 St. Rep. 150, Changing from horse to electric power must still observe speed limitations. Martineau v. Rochester Ry. Co., 81 Hun, 263. The Board of Aldermen has no power to pass special resolutions for speed trials. Such trials in the public highway are nuisances for which the city may be liable. Johnson v. City of N. Y., 109 App. Div. 821. 2. Turning corners. In turning a corner of meeting or intersecting highways, no person operating, driving or propelling any vehicle subject to the provisions of subdivision 1 of this section shall pro- ceed, nor shall the owner of any such vehicle riding thereon or therein, cause or permit the same to proceed at a rate of speed greater than 4 miles per hour. 3. Overtaking or meeting street car. In overtaking or meeting a street car, which has been stopped for the purpose of receiving or discharging a passenger, no vehicle that is subject to the provisions of subdivision 1 of this section shall pass or approach within 8 feet of such car so long as the same is stopped and remains standing, for the purpose aforesaid. People V. Colan, Rosalsky, J., N. Y. L. J., Apl. 23, 1914. Owner liable as well as chauffeur for stopping within 3 feet of car which had stopped, and section has two offenses, (1) speeding, and (2) not stopping near street car taking passengers. 4. Approaching bridges; passing public schools. Upon approaching a bridge, or in passing a public school on school days, between the hours of 8 o^ clock a. m. and 4 o’clock p. m., no person operating, driving or propelling any vehicle subject to the provisions of sub- division 1 of this section shall proceed, nor shall the owner of any such vehicle riding thereon or therein cause or permit the same to proceed at a rate of speed greater than 10 miles per hour. (Ord. Apr. 29, 1913.) 5. Congested streets. In the thickly populated residential sections of the city, the police commissioner is hereby authorized and em- powered to cause signs to be erected or maintained in any street thereof, at any time of the day or night when such street shall be congested by traffic or thronged by children, which shall be affixed to stanchions on the curb or other conspicuous places, and shall indicate that the speed limit in such street shall be not more than 8 miles per hour. No person operating, driving or propelling any vehicle, subject to the provisions of subdivision 1 of this section, shall proceed, nor shall the owner of any such vehicle riding thereon or therein, cause or permit the same to proceed at a greater speed than 8 miles per hour upon any portion of any street so restricted, during the time when any such sign shall be erected and maintained thereon. (Ord. July 7, 1914.) 6. Exceptions. Nothing contained in any of the provisions of subdivision 1 of this section, as to specific rates of speed, or in any of the provisions of either subdivisions 2, 3, 4 or 5 hereof shall apply TRAFFIC REGIULATIONS 339 to vehicles which run only on rails or tracks; or to any of the follow- ing vehicles, when the same are responding for emergency work in case of fire, accident, public disaster or impending danger, to wit: wagons, trucks and apparatus of the fire department, the insurance patrol, the police department, the bureaus of buildings or the militia; nor to ambulances or the emergency repair wagons of public service corporations. (Ord. Apr. 29, 1913, as amend.) 7. Violations. Any person who shall operate, drive or propel and any owner thereof, riding thereon or therein, who shall cause or permit any vehicle subject to the provisions of subdivision 1 of this section, to be operated, driven or propelled in violation of any of the provisions of this article, shall, upon conviction for the first offense, be punished 'by a fine of not less than $25, nor more than $100, or by imprisonment for a term of not less than 2 days nor more than 15 days, or by both such fine and imprisonment, and shall, upon conviction for the second offense, with 1 year from the com- mission of the first offense, be punished by a fine of not less than $50, nor more than $100, or by imprisonment for a term of not less than 3 days nor more than 30 days, or by both such fine and imprison- ment, and shall upon conviction for the third offense, and for each and every offense subsequent thereto, within 1 year from the com- mission of the first offense, be punished by a fine of $100, or by imprisonment for a term of not less than 5 days nor more than 60 days, or by both such fine and imprisonment; provided, however, that in construing this section the unit of any one year shall be the basis for determining the first,’’ “second” or “third” offense, the numerical order changing when succeeding convictions occur, and more than one year has elapsed after an original “first,” “sec- ond” or “third” offense. (Ord. Apr. 29, 1913, amend. Mar. 18, 1914.) § 18. Safety stops for omnibuses and street surface railroad cars . — 1. Fire stops, school stops. All omnibuses and street surface railway cars shall come to a full stop: (a) At all points where a “Fire Stop” sign is exhibited: (b) . At all points where a “School Stop” sign is exhibited, between the hours of 8 a. m. and 9 a. m., 12 noon and 1 p. m., and 3 p. m. and 5 p. m., except on Saturdays, Sundays and legal holidays and during the period from July 1 to September 1, inclusive. Each borough president is hereby authorized to erect signs, bearing the words “School Stop,” on each side of streets within his jurisdiction which intersect or meet the street on which a public school is located within 500 feet from such intersecting or meeting street. Such signs may be placed on lamp posts, street sign posts, trolley poles, trolley span wires, or other available supports, or, in the absence of any such existing structure, on such new supports as he may find necessary. 2. Passenger stops. Omnibuses and street surface railway cars when signaled to take on or discharge passengers shall come to a full stop, in such a position as not to obstruct the crosswalk, before crossing any intersecting or connecting street; except that, with the written consent of the police commissioner, and upon the in- stallation of “Bus Stop” or “Trolley Stop” signs by the omnibus companies or railway companies respectively, omnibuses and street surface railroad cars may stop: (a) At other points on unpaved streets; 340 CODE OF ORDINANCES OF THE CITY OF NEW YORK (b) In the centers of blocks over 400 feet long; (c) On the far side of any street containing an intersecting street railway. 3. Intersecting streets. Omnibuses and street surface railway cars may cross an intersecting or connecting street without stopping; provided that, in each case, the police commissioner shall have given his written consent to such crossing, and the omnibus com- pany or the railway company shall have installed a ^‘No stop^’ sign at such crossing, and provided further that there shall be a regular stopping place with a ^‘Bus Stop^^ or a ^‘Trolley Stop^^ sign installed thereat, within 200 feet of the “No Stop” sign. 4. Violations. Any omnibus company or street surface railway company violating any provision of this section, shall, upon con- viction, be punished by a fine of $10 for each offense. AKllCLE 3 MISCELLANEOUS REGULATIONS Sec. 30. Advertising vehicles. § 31. Bicycles. § 32. Cattle, calves, sheep and swine. § 33. City-owned automobiles. § 34. Horse-racing. § 35. Ice wagons. § 36. Motor vehicles; mufflers. § 37. Ocean parkway; restrictions. § 38. Processions and parades. § 39. Sleighs. § 40. Trade wagons. § 41. Reasonable care. § 42. Enforcement of chapter; duties of police department. Sec. 30. Advertising vehicles. — No advertising trucks, vans or wagons shall be allowed in the streets ; provided that nothing herein contained shall prevent the putting of business notices upon ordinary business wagons, so long as such wagons are engaged in the usual business or regular work of the owner, and not used merely or mainly for advertising. (Manh. Ords. § 41.) “ Wagons ” include automobile stages. Fifth Ave. Coach Co. v. City of N. Y., 126 App. Div. 657. § 31. Bicycles. — 1. Coasting. No bicycle shall be allowed to pro- ceed in any street of the city by inertia or momentum, with the feet of the rider removed from the pedals. (C. O. § 460.) 2. Trick riding. No rider of a bicycle shall remove both hands from the handlebars, nor practice any trick or fancy riding in any street. (C. O. § 461.) 3. Carrying children. No bicyclist shall carry upon his bicycle any child under the age of 5 years. (C. O. § 462.) 4. Leading bicycles. Riders of bicycles, when dismounted, may lead their bicycles along the sidewalk in single file, and bicycles TRAFFIC REGULATIONS 341 may be allowed to stand on the sidewalk, provided they are within the stoop-line and cause no obstruction. (C. O. § 467.) 5. Use of sidewalks. No bicycle shall be ridden on the sidewalks of any street of the city. (C. O. § 468, amend. June 30, 1914.) § 32. Cattle, calves, sheep or swine. — 1. Driving or herding in streets. No cattle, calves, sheep or swine shall be driven in any street without a permit from the police commissioner and in strict accord- ance with the routes, hours and other conditions prescribed thereby; provided that, in the borough of Manhattan, cattle, calves, sheep or swine, landed at the foot of the street leading to the slaughter- house to which they shall be destined, may be driven along such street, if the same shall be effectively barred or closed so as to pre- vent the escape of any of said animals during their transfer from the dock to the slaughterhouse. 2. Leading cattle. No person shall lead, or attempt to lead or cause to be led, any cattle, otherwise than singly, one person with each, on any street nor upon any sidewalk. 3. Landing in Manhattan. No cattle, calves, sheep or swine shall be landed in the borough of Manhattan except in accordance with the provisions of this section. (Sanitary Code.) §33. City-owned automobiles. — The words ^‘City of New York^^ shall be painted plainly and visibly on the outside of the back of the body of each automobile owned by the city. The letters of such inscription shall be at least 5 inches in the least dimension, and the color shall contrast with the color of the body of the car. No per- son shall use an automobile owned by the city which is not lettered as prescribed herein; provided, however, that automobiles used by the police department, in the detection and the suppression of crime, shall be exempt from the provisions of this section. (Ord. Feb. 6, 1912.) § 34. Horse-racing. — Except as provided in chapter 17 of this ordinance, no person shall run or race any horse in any street, nor consent to or suffer such racing, under the penalty of $50 to be re- covered from the person or persons who shall so race, or suffer or permit such racing, and the owner, rider and the person having charge of any animal which shall so race and run, severally and respectively. This section shall be construed to prevent and punish the running, racing or trotting of any horse or horses, for any trial of speed, or for the purpose of passing any other horse or horses, whether the same be founded upon any stake, bet or otherwise. (Manh. Ords. §§ 89, 90.) But special speed trials allowed in the public highways are nuisance. Johnson V. City N. Y., 109 App. Div. 821. § 35. Ice wagons. — No person, being the owner or driver of any wagon used for the sale of ice, shall permit or allow the scale thereon or the beam to which it may be attached, or other implements for- handling ice, to project, or hang outside or beyond the side of such wagon when it is in motion in any street. (Manh. Ords. § 88.) § 36. Motor vehicles; mufflers. — Every motor vehicle propelled by an internal combustion engine, shall, when such engine is running- on any street or public place, be equipped with a muffler or silencer through which all of the exhaust gases from the engine will escape into the atmosphere. No operator or driver of any motor vehicle 342 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall use any cut-out, fitting, or other apparatus or device, which will allow the exhaust gases to escape into the atmosphere without passing through such muffler or silencer. (Ord. Apr. 16, 1912.) § 37. Ocean parkway; restrictions. — No person shall drive any vehicle over the easterly side road or bridle road of the Ocean parkway, between Prospect Park and the Coney Island Concourse, in the borough of Brooklyn, except as it may be necessary to cart or convey supplies to the residences along said road, or building materials to buildings in course of construction or alteration thereon. In all cases, however, vehicles must enter said road from the street nearest to the residence or house in course of construction, and must leave the same at the next intersecting street. (C. O. § 83.) § 38. Processions and parades. — 1. Permits. No procession, parade or race shall be permitted upon any street or in any public place without a written permit first obtained from the police commissioner. Application for such permit shall be made in writing, upon a suitable form prescribed and furnished by the police department, not less than 36 hours previous to the forming or marching of such procession, parade or race. The police commissioner shall, after due investiga- tion of such application, grant such permit subject to the following: 2. Restrictions: (a) He shall not grant a permit where he has good reason to be- lieve that the proposed procession, parade or race will be disorderly in character or tend to disturb the public peace. (b) The commissioner shall not grant a permit for the use of any street or any public place, or material portion thereof, which is ordi- narily subject to great congestion of traffic and is chiefly of a business or mercantile character, except upon those holidays when the places of business along the route proposed are closed, or on Sunday when permitted by law on that day, or on other days between the hours of 6.30 p. m. and 9 a. m. (c) Each such permit shall designate specifically the route through which the procession, parade or race shall move, and it may also specify the width of the roadway to be used, and may include such rules and regulations as the commissioner may deem necessary. (d) Special permits for occasions of extraordinary public interest, not annual or customary, or not so intended to be, may be granted by the commissioner for any street or public place, and for any day or hour, with the written approval of the mayor. (e) The chief officer of any procession, parade or race, for which a permit may be granted by the commissioner, shall be responsible for the strict observance of all rules and regulations included in said permit. 3. Exemptions. This section shall not apply : (a) To the ordinary and necessary movements of the United States army, United States navy, national guard, police department and fire department; nor (b) To such portion or portions of any street which may have already been or may hereafter be duly set aside as a speedway or as speedways, nor (c) To processions or parades which have marched annually upon the streets for more than 10 years, previous to July 7, 1914. 4. Violations. Every person participating in any procession. TRAFFIC RFGULATIOKS 343 parade or race, for which a permit has not been issued when required by this section, shall, upon conviction thereof, be punished by a fine of not more than $25, or by imprisonment for not exceeding 10 days, or by both such fine and imprisonment. (Ord. July 7, 1914.) § 39. Sleighs. — No person shall drive a horse before a sleigh or sled through any street, unless there shall be a sufficient number of bells attached to the harness or sleigh to warn persons of its ap- proach. (Manh. Ords. § 91.) § 40. Trade wagons. — ^Trade wagons shall not be allowed to col- lect on any street or public place, to the obstruction of travel or the annoyance of persons coming and going on the streets, sidewalks or cross walks, or any property owner or resident in the vicinity. (New.) § 41. Reasonable care. — Nothing contained in or omitted from this chapter shall be construed or held to relieve any person using, traveling, or being upon any street, for any purpose whatsoever, froni exercising all reasonable care to avoid or prevent injury through collision with all other persons and vehicles. (C. O. § 470.) § 42. Enforcement of chapter; duties of police department . — ^The police department shall have exclusive control of the management of vehicular traffic. The police commissioner shall cause suitable abstracts of the provisions of this chapter to be posted in all public stables and garages, and at all hack, cab and truck stands. He shall cause copies thereof to be kept at all police stations, to be issued to the public on application without charge. (C. O. §§ 472, 473.) 344 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 26 Water Supply Article 1. Construction and maintenance. 2. Rents and charges. 3. Use of water. ARTICLE 1 CONSTRUCTION AND MAINTENANCE Sec. 1. Emergency repairs. § 2. Pollution of or interference with water supply. § 3. Trespass on water supply property. § 4. Obstruction of stop-cocks. § 5. Hydrants to be kept closed. § 6. Connections. § 7. Public wells. § 8. Violations. Sec. 1. Emergency repairs. — In case of any unexpected casualty or damage to the pipes, reservoirs or other structures connected with the city^s water supply, the chief engineer of the department of water supply, gas and electricity, under direction of the commis- sioner, shall take immediate measures for the preservation and re- pair of the same, the expense of which shall be paid on his requisition by the warrant of the comptroller. (C. O. § 285.) § 2. Pollution of or interference with water supply. — No person shall bathe in, or go into the water supply reservoir, or any part of a city aqueduct; nor shall any person throw stones, chips or dirt, or any other material, substance or thing whatever into any reservoir, gate-house, ventilator, aqueduct, fountain or basin; nor shall any person in any manner injure or disfigure any part of the water works system of the city. (C. O. § 286.) § 3. Trespass on water supply property. — No person shall trespass on any part of the embankment of a water supply reservoir, nor go or remain thereon without permission of the proper persons having charge of the same; nor shall any person fail or refuse to comply with the regulations of the commissioner of water supply, gas and electricity as to the times when citizens shall leave the embankment of a reservoir, or the grounds or buildings attached thereto. (C. O. § 287.) § 4. Obstruction of stop-cocks. — No person shall obstruct access to a stop-cock connected with a water pipe, by placing thereon stone, brick, lumber, dirt, or any other materials; nor shall any person permit any such material to be placed thereon by those in his employ. (C. O. § 295.) § 5. Hydrants to he kept closed. — The commissioner shall cause all water supply hydrants to be kept closed. Except in case of fire WATER SUPPLY 345 and for the purpose of extinguishing the same, or when otherwise authorized by law or ordinance, no person shall take or use the water from any hydrant. (C. O. §§ 200, 292.) § 6. Connections . — No street shall be opened nor shall any pipe be bored or connection be made with any main or pipe for water supply purposes, except under the direction of the commissioner, under the penalty of $50 for each offense. § 7. Public wells . — No person shall dig a well in any street or pub- lic place, and the president of the borough in which any such well shall be dug shall cause the same in all cases to be filled up. (C. O. § 198.) § 8. Violations . — Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (C. O. § 286, penal clause.) ARTICLE 2 RENTS AND CHARGES Sec. 20. Frontage rents. § 21. Extra and miscellaneous rates where supply is not metered. § 22. Meter rates. § 23. Supply discontinued on non-payment. § 24. Connection charges. § 25. Report of receipts by water register. Sec. 20. Frontage rents . — The annual frontage rents on premises wholly or partly unmetered, to be collected by the department of water supply, gas and electricity shall be as follows, to wit: Front width of building. One-Story. 16 feet and under $400 16 feet to 18 feet 5 00 18 feet to 20 feet 6 00 20 feet to 223^ feet 7 00 22K feet to 25 feet 8 00 25 feet to 30 feet 10 00 30 feet to 373^ feet 12 00 373^ feet to 50 feet 14 00 For each additional story $1 per annum shall be added; and for each additional 10 feet or part thereof, above 50 feet in front width of building, $2 shall be added. All rear buildings on any lot or lots, with front buildings thereon, shall pay an annual frontage rate of $5 for each 25 feet front, or fraction thereof, but this provision shall not apply to buildings erected on corner lots, each of which buildings shall pay the regular rates as stated in the foregoing subdivisions. The apportionment of the regular frontage rates upon buildings 346 CODE OF ORDINANCES OF THE CITY OF NEW YORK shall be on the basis that but one family is to occupy same, and for each additional family or apartment, $1 per year shall be charged. (C. O. § 282, amend. June 10, 1913.) Power to fix rates is in Bd. of Aldermen and not in Comr. § 473, N. Y. Charter. Sayer v. New York, 208 N. Y. 159. Water rates are general taxes and not included in tax exempt special clauses. Matter of Y. W. C. A., 156 App. Div. 295. An owner is not entitled to an injunction unless meter has been installed as de- manded. Johnson Kohn Co. v. Thompson, 73 Misc. 103. As to meters see Hill v. Thompson, 48 Super. Ct. 481 and 50 Super. Ct. 165. § 21. Extra and miscellaneous rates where supply is not metered . — 1 . Baths — shall be charged $3 each per annum, one bath supplied to each house free of additional charge. 2. Baths in barber shop, public houses and building establish- ments — shall be charged $5 each per annum. 3. Shower baths not installed over bath tubs, and sitz baths, shall be charged same as baths. 4. Water-closets and urinals of every description — $2 each per annum; one water-closet in each house supplied free of additional charge. 5. Bakeries — Each oven $5 per annum. 6. Barber shops — Each up to and including 3 chairs, $5 per annum; for each additional chair, $1 per annum. 7. Barges (without steam) — Each, $5 per annum, water for domestic use only. 8. Boilers of boats or not permanent — The monthly rate for water supply for hoisting, steam rolling, dredging, erecting, hauling, pile driving, derricks, diggers, conveyers and all floating or portable steam plants and steamboats, except water boats supplying shipping, shall be as follows: Up to and including 10 horsepower $1 00; Up to and including 15 horsepower 1 50; Up to and including 20 horsepower 2 00; Up to and including 25 horsepower 2 50; Up to and including 30 horsepower 3 00; Up to and including 35 horsepower 3 50; Up to and including 40 horsepower 4 00; Up to and including 45 horsepower 4 50; Up to and including 50 horsepower 5 00; Up to and including 55 horsepower 5 50; Up to and including 60 horsepower 6 00; Up to and including 65 horsepower 6 50; Up to and including 70 horsepower 7 00; Up to and including 75 horsepower 7 50; Up to and including 80 horsepower 8 00; Up to and including 85 horsepower 8 50; Up to and including 90 horsepower 9 00; Up to and including 95 horsepower 9 50; Up to and including 100 horsepower 10 00; Above 100 horsepower, at the rate of 10 cents per horsepower per month, using the multiple of 5 as in above table. An allowance of 33^3 per cent, in the above rates shall be made where condensers are used. 9. Boiler testing — All boats, in addition to paying the regular fixed WATER SUPPLY 347 charges, shall pay an extra charge of $100 per annum when engaged or employed in furnishing water in the testing of boilers in other boats. 10. Bottling establishments — Each bottle-washing apparatus, ma- chine or tub, $10 per annum. 11. Building purposes — Stone work, terra cotta, concrete, fire- proofing, brick work, and all other forms of masonry, 5 cents per cubic yard. 12. Plastering^ 40 cents per 100 square yards, openings not in- cluded. 13. Caisson sinking and air compressors — 10 cents per 100 cubic feet. 14. Condensers — 10 cents per hundred cubic feet. 15. Conservatories — Same as florists. 16. Demolition — For wetting down while buildings are being de- molished, a charge shall be made equal to one-fourth of the annual f rontage rate of said building. 17. Dentist — Each fountain cuspidor, $1 per annum. 18. Dining saloons and restaurants — $8 per annum. 19. Fish stands — Each, $10 per annum. If live fish are sold, other than shell fish, $25 per annum. 20. Florists — Each, $5 per annum. 21. Horse troughs — For each trough and for each one-half barrel or tub on sidewalk or street, $20 per annum. 22. Laundries — Each wash tub, washing machine or apparatus for washing clothes, $5 per annum. 23. Liquor and lager beer saloons — For each bar, $10 per annum, and an additional charge of $5 for each wash box. For each beer pump using water in its operation, $50 per annum. 24. Milk depots — For the purpose of washing cans or bottles, each washing machine, tub or washing apparatus, $10 per annum. 25. Photograph galleries — Each faucet or outlet, $5 per annum. 26. Soda or mineral water fountains — Each, $5 per annum. One washbox allowed. For each additional washbox $3 per annum. 27. Sodaj mineral or carbonic water manufacturer — For each ma- chine or apparatus (retail), $10 per annum; for each machine or apparatus (wholesale), $100 per annum. 28. Stalls — In stables, $1 each per annum. 29. Water boats (steam) — Monthly charges, according to tank capacity of each boat, shall be as follows: 12,000 gallons or less $ 25 00 12.000 to 20,000 gallons 37 50 20.000 to 30,000 gallons 50 00 30.000 to 40,000 gallons 62 50 40.000 to 60,000 gallons 75 00 60.000 to 100,000 gallons 100 00 30. Water boats (motor) — Shall be charged monthly, according to tank capacity of each boat, as follows: 3.000 gallons or less $ 7 50 Over 3,000 gallons, but not exceeding 6,000 gallons .... 15 00 Over 6000 gallons, but not exceeding 12,000 gallons 25 00 Over 12,000 gallons, the rate for steam water boats shall be charged. 348 CODE OF ORDINANCES OF THE CITY OF NEW YORK 31. Wash drills (all kinds) — 10 cents per 100 cubic feet. (C. O. § 282, as amended by Ord. of June 10, 1913.) 32. Unspecified — All charges not herein mentioned or fixed are reserved for special contract, by and with the commissioner. (C. O. § 282, amend. June 10, 1913.) § 22. Meter rates, — The charge for water measured by meter shall be 10 cents per 100 cubic feet. (C. O. § 282, amend. June 10, 1913.) § 23. Supply discontinued on non-payment. — The supply of water shall be cut off in all cases where the rent therefor is behind and un- paid 10 days. (C. O. § 284.) § 24. Connection charges. — All persons contracting for a supply of water shall pay the cost of the materials and labor used and expended on the streets, necessary to make the connection with the conduit pipes, or pay such annual interest thereon as required by the rules and regulations of the commissioner. (C. O. §§ 207, 289.) § 25. Report of receipts by water register. — The water register, or the cashier of the water register’s oflSce, shall on each day, except Sunday of each week, render to the comptroller an account, under oath, of all moneys received by him, showing the amounts received, from all classes of revenue, and shall thereupon pay over the amounts so received to the chamberlain, furnishing to the comptroller a receipt showing the payment of such sums into the city treasury. He shall also, if required by the comptroller, make a separate daily report showing all the items comprising the amounts received by him, in form satisfactory to the comptroller. (C. O. § 281.) ARTICLE 3 USE OF WATER Sec. 40. Street cleaning. § 41. Traffic in water. § 42. Washing down streets from private connection. § 43. Washing vehicles. § 44. Watering horses. Sec. 40. Street cleaning. — The commissioner of water supply, gas and electricity shall, at all times when the general supply of water is not thereby endangered, permit the hydrants to be used for cleaning the streets, under his regulation. (C. O. § 293.) § 41. Traffic in water. — No person, except such as may be licensed by the commissioner, shall take water from any hydrant or water connection erected or to be erected in the city, and attached to the water pipes, for the purpose of using the same on any boat, vessel, barge or pile-driver, or for the purpose of selling or offering the same for sale to the owner of any boat, vessel, barge, or pile-driver. (C. O. §291.) § 42. Washing down streets from private connections. — No person shall wash any street, sidewalk, area way, steps, building or other place or thing, from the 1st day of December to the 1st of April following, by means of hose or piping, where the water runs upon a street, sidewalk or other public place. Water may be so used from WATER SUPPLY 349 the 1st day of April to the last day of November of each year, be- tween the hours of 4 p. m. and 8 a. m., but city water shall not be so used until permit therefor shall first have been obtained from the department of water supply, gas and electricity. No charge shall be made for such permit when the water used is paid for according to meter registration; where no meter is used there shall be a charge of $5 for using city water during the period covered by the permit. (C. O. § 294, amend. Apr. 14, 1914.) § 43. Washing vehicles. — No person shall wash or cause to be washed any carriage, wagon, or other vehicle on any street or public place. (C. O. § 205.) § 44. Watering horses. — 1. Bucket-filling equipment. All publicly owned watering troughs, and those erected or maintained by the American Society for the Prevention of Cruelty to Animals, shall be provided with the necessary piping and fixtures to enable the filling of pails with water therefrom, or otherwise modified in construction so as to meet the requirements of the board of health. The supply of water for such troughs shall be furnished by the department of water supply, gas and electricity. All other horse watering troughs on streets and public places shall likewise be provided with the piping and fixtures necessary to enable the filling of pails with water, and the use of the water for that purpose shall be paid for in the manner provided in this chapter. All horse watering stations in streets and public places, hereafter constructed or operated, shall conform to the provisions of this section and be subject thereto. No person shall draw water from these fixtures for a purpose other than watering horses or other animals, nor shall any person tamper with the said fixtures. 2. Horse-buckets. Every commercial vehicle to which a horse is attached must be provided, while on the public thoroughfares of the city, with a watering pail, which shall be used only for the pur- pose of watering or feeding the horse or horses attached to the vehicle. 3. Temporary relief stations. Nothing in this section shall prevent the establishment of temporary relief stations in conformity with such requirements as may be imposed by the board of health, with the consent of the commissioner of water supply, gas and electricity. (Ord. July 7, 1914.) 350 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 26 Weights and -Measures Article 1. Bureau of weights and measures. 2. Regulation of weights and measures. 3. Standards for various commodities. ARTICLE 1 BUREAU OF WEIGHTS AND MEASURES Sec. 1. Organization. § 2. Trading restriction. § 3. Jurisdiction. § 4. Duties of inspectors. Sec. 1. Organization. — There shall be a mayor^s bureau of weights and measures in charge of a commissioner of weights and measures, to be appointed by the mayor and removable by him at pleasure. The salary of the commissioner shall be $5,000 per annum. In- spectors of weights and measures shall be appointed by the com- missioner, and all complaints against inspectors shall be lodged with the commissioner, to be by him reported, with his recommenda- tion thereon, to the mayor for his action. (C. O. §§ 380, 402.) § 2. Trading restriction. — The commissioner shall not, nor shall any inspector or other employee of the bureau, engage in the busi- ness of manufacturing, vending or selling any weight, measure, scale, balance, steelyard or other instrument for weighing or meas- uring, under the penalty of $50 for each such offense. (C. O. § 400.) § 3. Jurisdiction. — Each inspector of weights and measures is hereby authorized, to inspect, examine, test and seal, at least once in each year, and as often as the commissioner may deem proper, all weights, measures, scale beams, patent balances, steelyards and other instruments used in weighing and measuring. Upon the writ- ten request of any resident of the city, the commissioner shall test or cause to be tested, within a reasonable time after the receipt of such request, the weights, measures, scale beams, patent balances, steelyards or other instruments used in buying or selling by the person making such request. All such appliances shall be made to conform to the standard of the State, and shall be marked by the inspector with the initials of his name and the date on which the same shall be sealed and marked. (C. O. §§ 385, 392.) §4. Duties of inspectors. — 1. Reports. Each inspector of weights and measures shall report promptly to the commissioner the names of all persons whose weights, measures or other instruments for weighing and measuring shall be found to be incorrect. Each in- spector shall file a daily report with the commissioner, and make such other and further reports and keep such further records as may be required, from time to time, by the comm* O. §§ 397, 398.) WEIGHTS AND MEASURES 351 2. Return of testing instruments. Whenever any inspector shall resign or be removed from office, he shall deliver at the office of the commissioner all the standard weights and measures and other official property in his possession. (C. O. § 403.) ARTICLE 2 REGULATION OF WEIGHTS AND MEASURES Sec 10. Testing, sealing and marking. § 11. Measures and containers. § 12. Sale of weights and measures. § 13. Use of untested weights and measures. § 14. Confiscation of false weights and measures. § 15. Alteration of tested appliances. § 16. Defrauding by false weights or measures. § 17. Use of inaccurate weights or measures. § 18. Repair of inaccurate appliances. § 19. Right of inspection. § 20. Certificate of inspection. § 21. Interference with inspectors. § 22. Violations. Section 49 of the Greater New York Charter gives the Board of Aldermen power to enact ordinances : “ 1 . In relation to the inspection and sealing of weights and measures by vendors.” Such power held valid. People ex rel. Gould v. City of Rochester, 45 Hun. 102. But no fees could be demanded for weighing unless specially authorized by legislature. Ford v. N. Y. Central R. R. Co., 33 App. Div. 474. See People v. Edelstein, 91 App. Div. 447. Sec. 10. Testing, sealing and marking. — All persons using weights and measures, scale beams, patent balances, steelyards, or any other instrument used in weighing or measuring any article intended to be purchased or sold, shall cause the same to be tested, sealed and marked by the commissioner or an inspector of the bureau, unless the same have been already so tested, sealed and marked by the inspector as hereinafter provided. No person shall use any weight, measure, scale beam, patent balance, steelyard, or any other instru- ment in weighing or measuring any commodity or article of merchan- dise intended for purchase or sale, unless the same shall have been so tested, sealed and marked. Each inspector shall make a record and certificate, as hereinafter provided, of all the weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing and measuring inspected by him, in which he shall state the names of the owners of the same, and whether they conform to the standards of the State. (C. O. §§ 383, 384, 396.) § 11. Measures and containers. — No person shall manufacture, construct, sell, offer for sale, or give away, any dry measure or liquid measure, nor any barrel, pail, basket, vessel, container, intended to be used in the purchase or sale of any commodity or article of mer- chandise, which shall not be so constructed as to conform to the standards provided by statute; nor shall any person use any barrel, cask, pail, basket, vessel or container, in the purchase or sale of any commodity or article of merchandise, which does not conform to the standards provided by law. (C. O. § 395a.) 352 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 12. Sale of weights and measures. — No person shall sell, offer for sale, or give away any weights, scales, beams, measures of any kind, or the tools, appliances or accessories connected with any and all instruments or mechanical devices for weighing or measuring, in- tended to be used for the purchase or sale of any commodity or article of merchandise, or for public weighing, until a type or types of the said weights, scales, beams, measures of every kind, or the tools, appliances or accessories connected with any and all instruments or mechanical devices for measurement or public weighing with specifi- cations as to construction, shall have been submitted to and approved by the commissioner of weights and measures. The commissioner shall, when said types are approved, designate a serial number, which serial number shall be used in identifying the type approved. A rec- ord of the serial numbers and to whom furnished shall be kept in the office of the commissioner. No person shall sell, offer for sale, or give away any weight, scale, beam or measure of any kind, or the tools, appliances or accessories connected with any instrument or mechanical device for weighing or measuring, intended to be used for the purchase or sale of any commodity or article of merchandise or for public weighing, that does not comply with the specifications and type submitt^ and approved by the commissioner, as provided in this section. The commissioner shall keep a register of the name of each person whose weights, measures, scale beams, patent balances, steelyards or other instruments have been inspected, together with the number and size of same, and what of each was approved and what condemned, with the date of inspection, and such record shall be open to the inspection of the public at all reasonable times. (C. O. § 384a. amend.) § 13. Use of untested weights and measures. — No person shall sell or offer for sale any commodity or article of merchandise in any market or in any public street or other place, at or for a greater weight or measure than the true measure or weight thereof; and all ice, coal, coke, meats, poultry, butter and butter in prints, provisions, and all other commodities and articles of merchandise (except vegetables sold by the head or bunch) sold in the streets or elsewhere shall be weighed or measured by scales, measures or balances, or in measures duly tested, sealed and marked by the commissioner or an inspector of the bureau; provided, that poultry may be offered for sale and sold in other manner than by weight, but in all cases where the person intending to purchase shall so desire and request poultry shall be weighed as hereinbefore provided. (C. O. § 388.) Canned goods and goods sold in jars not included in this section which applies to goods sold only by weight on scales. New York v. Fredericks, 206 N. Y. 618, aff’g 150 App. Div. 83. This section does not apply to twine. City of New York v. Wilkinson, 151 App. Div. 660. This section held valid. City of New York v. Marco, 58 Misc. Rep. 225. § 14. Confiscation of false weights or measures. — Any weight which upon being tested is found to be short a quarter of an ounce or more; or any scale of 240 pounds capacity, or less, which upon being tested is found to be short in weight by a quarter of a pound or more; or any scale of a capacity of between 240 and 400 pounds, which upon being tested is found to be short 2 pounds or more; or any scale of a capacity greater than 400 pounds, upon being tested, is found to be short WEIGHTS AND MEASURES 353 5 pounds or more; or any scale which is in an unfit condition to be used by being worn out, badly rusted, or by any other cause; or any measure or utensil being used in the sale or purchase of any com- modity or article of merchandise, which does not conform to the standards provided by statute, may be summarily confiscated and destroyed by the commissioner or an inspector of the bureau. (C. O. § 389.) § 15. Alteration of tested appliances. — No person shall alter or change in any manner, any weight, measure, scale beam, patent balance, steelyard, or other instrument, to be used in weighing or measuring any commodity or article of merchandise, after the same has been tested, sealed and marked by the commissioner or an in- spector of the bureau, so that the same weigh or measure inaccurately. (C. O. § 384b.) § 16. Defrauding by false weights or measures — No person shall injure or defraud another by using a false weight, measure, or other apparatus, in weighing or measuring of any commodity or article of merchandise, or by delivering less than the quantity he purports to deliver. (C. O. § 388a.) § 17. Use of inaccurate weights or measures. — No person shall use, in weighing or measuring, any weight, measure, scale beam, patent balance, steelyard or other instrument, which shall not conform to the lawful standard therefor, nor shall any person use in weighing any scale beam, patent balance, steelyard or. other instrument which shall be out of order or incorrect, or which shall not balance. (C. O. § 386.) In a suit to recover the penalty where only one section was in evidence, held the previous sections of the ordinance must be introduced in evidence to show what was the meaning of the words “aforesaid” and “such standard.” City of N. Y. V. Spatz, 85 N. Y. Supp. 353. This ordinance is aimed at the use of a defec- tive weight and not at an intentional alteration. Proof of guilty intent is not re- quired. City of N. Y. V. Hewitt, 91 App. Div. 445. § 18. Repair of inaccurate appliances. — All weights, measures, scale beams, patent balances, steelyards, and other instruments used for weighing or measuring, may be inspected and sealed at the stores and places where the same may be used; and, in case they or any of them shall be found not to conform to the standard of this State, the inspector of weights and measures shall condemn the same and shall seal thereto a notice that such scale or measure does not conform to the lawful standard. Thereupon, the owner thereof shall, within 5 days and at his own expense, cause the same to be so altered and repaired as to conform it to the said standard, and shall serve notice upon the bureau, in writing, that such scale or measure has been so altered and repaired, but shall not break or remove the seal or notice.' No person, other than an inspector of weights and measures, shall remove or cause to be removed the said notice. (C. O. § 395.) § 19. Right of inspection. — No person shall refuse to exhibit any weight, measure, scale beam, patent balance, steelyard, or other instrument to any inspector of the bureau, for the purpose of inspec- tion or examination. (C. O. § 393.) § 20. Certificate of inspection. — Each inspector shall give a certifi- cate to the owner of the weights pr measures inspected, and shall keep a record of each certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered con- 23 354 CODE OF ORDINANCES OF THE CITY OF NEW YORK secutively. The books containing the stubs, after the corresponding certificates have been given oijt, shall become a public record. The commissioner shall, when required, certify extracts from such rec- ords. (C. O. § 401.) § 21. Interference with inspectors. — No person shall in any way or manner obstruct, hinder or molest the commissioner or any inspector of the bureau in the performance of his duties as herein imposed upon him. (C. O. § 394.) § 22. Violations. — 1. Report of. The commissioner shall report forthwith to the corporation counsel the names and places of business of all persons violating any of the provisions of this chapter, and of all persons making use of any fraudulent or unsealed weights, measures, scales or other instruments for weighing or measuring. (C. O. § 399.) 2. Punishment. Any person who shall violate any provision of this article shall forfeit and pay a penalty of $100 for each and every such offense. (C. O. § 388 in part.) ARTICLE 3 STANDARDS FOR VARIOUS COMMODITIES Sec. 30. Bread. § 31. Coal and coke. § 32. Firewood. § 33. Ice. § 34. Poultry. § 35. Violations. Sec. 30. Bread. — All bread baked and offered or exposed for sale shall be made of good and wholesome flour or meal, and sold by avoirdupois weight. All loaf bread offered for sale not in conformity with the provisions of this article shall be forfeited, and may be seized and disposed of for the use of the city. (Manh. Ord. §§ 15, 17.) Ordinance regulating sale of bread under a penalty, held unreasonable and void. City Buffalo v. Collins Bak. Co., 39 App. Div. 432. § 31. Coal and coke. — 1. Weight standard. In the sale of anthracite coal, the hundred-weight shall consist of 100 pounds avoirdupois, and 20 such hundred- weight shall constitute a ton. (Manh. Ords. § 19.) 2. Certificate of weight. No person shall sell or supply any coal or coke unless there shall be delivered, to the person in charge of the wagon or conveyance used in such delivery, a certificate duly signed by the person selling such fuel, showing the weight or measure of the fuel proposed to be delivered, the weight or measure of the wagon or conveyance used in such delivery, the total weight of fuel and con- veyance and the name of the purchaser. No person in charge of a wagon or conveyance used in delivering coal, coke or other fuel, to whom the certificate mentioned in the previous section has been given, shall neglect or refuse to supply such certificate to the com- missioner or inspector of weights and measures, or to the purchaser or intending purchaser of the fuel being delivered; and when the said commissioner or inspector so designated, or the intending purchaser, shall demand that the weight or measure shown by such certificate be WEIGHTS AND MEASURES 355 verified, the person delivering such fuel shall convey the same forth- with to a public scale, or to any private scale the owner whereof shall consent to such use, and permit the verifying of the weight shown, and shall, after the delivery of such fuel, return forthwith, with the wagon or conveyance used, to the same scale and verify the weight of said wagon or conveyance. (C. O. §§ 390, 391.) Taken from the State law on the subject. See L. 1900, ch. 327, art. 10, secs. 150, 151. That such an act is valid is unquestionable. Where it was required to have coal weighed by city weighers, the requirement was held not to be void as in restraint of trade or unreasonable. Stokes v. Corporation, 14 Wend. 87. § 32. Firewood. — 1. Measuring. No firewood shall be sold other- wise than according to the following regulations, that is to say: The stanchions of each cart or sled which shall be employed in the carrying the same shall be 5 feet 4 inches high from the floor of the cart or sled, and no higher; and the breadth of such cart or sled, between the two foremost stanchions, shall be 2 feet 5 inches, and between the two hindmost stanchions 2 feet 9 inches, and no more; in which space between the two stanchions, every cartman who shall cart any wood shall stow as much wood and as close together as can conveniently be put, or as much of it as will amount to 37 feet 10 inches, cubic measure, which shall constitute and be deemed a load, and shall and may be bought and sold accordingly. (Manh. Ords. § 22.) 2. Crooked wood. No crooked wood shall be stowed with other wood in any cart or sled constructed in manner aforesaid, but the same may be sold or disposed of as refuse wood, not subject to the above regulations; and if any cartman who shall cart firewood shall put, or suffer to be put, in his cart such crooked wood as will prevent his cart from containing a full load between the stanchions thereof, he shall, for every load so carted, forfeit the sum of $1. (Manh. Ords. §24.) 3. Carting. No cartman shall cart any firewood for sale except in carts made and constructed as by law directed, and loaded as above mentioned. (Manh. Ords. § 23.) § 33. Ice. — No person shall sell or offer for sale ice in any manner other than by weight, and the same shall be weighed immediately before delivery. (C. O. § 388b.) § 34. Poultry. — No turkeys or chickens shall be offered for sale unless their crops are free from food or other substance, and shrunken dose to their bodies. All fowls exposed for sale in violation of this ordinance shall be seized and condemned. Such of them as shall be tainted shall be destroyed, and those which are fit for food shall be used in the public institutions of the city. (Manh. Ords. § 20.) § 35. Violations. — Any person who shall violate any provision of this article shall forfeit and pay a penalty of $50, for each and every such offense. (C. O. § 391.) 35G CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 27 Miscellaneous Sec. 1. Advertisements; false and misleading. § 2. Animals. § 3. Bathing in public; floating baths. § 4. City magistrates^ courts. § 5. Jurors’ fees. § 6. Letter-boxes. § 7. Queens county; county clerk’s fees. § 8. Session laws; compensation for same in Queens and Rich- mond. § 9. Official newspaper in Queens. § 10. Violations. Sec. 1. Advertisements; false and misleading . — Any person who, with intent to sell or in any wise dispose of merchandise, securities, service or anything offered, directly or indirectly, by such person to the public for sale or distribution, or with intent to increase the consumption thereof, or induce the public in any manner to enter into any obligation relating thereto, or to acquire the title thereto, or any interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in any newspaper or other publication, sold or offered for sale upon any street or public place, or on any sign upon any street or public place, or in any hand bill or advertisement posted upon any street or public place, or on any placard, advertisement or hand bill ex- hibited or carried in any street or public place, or on any banner or sign flying across the street or from any house, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading, shall be punished by a fine of not less than $25 nor more than $250, or by imprisonment of not less than 5 days nor more than 6 months, or by both such fine and imprisonment. (Ord. Apr. 14, 1914.) §2. Animals. — 1. Public pounds. The mayor shall appoint proper persons as masters of the public pounds, who, before entering upon the duties of their office, shall take and subscribe an oath or affirmation well and truly to execute the duties of their office. Each pound master, once in every month, shall account to the comp- troller for all moneys received or expended by him by virtue of this article, and pay over to the comptroller all such moneys remaining in his hands, after deducting his legal fees and charges. (C. O. §§ 539, 553.) 2. Dog-stealing. No person shall remove, or cause to be removed, the collar or license tag from the neck of any dog; nor shall any per- son entice any properly licensed dog into any inclosure for the pur- pose of taking off its collar or license tag; nor shall any person, for MISCELLANEOUS 357 such purpose, decoy or entice any animal out of the inclosure or house of its owner or possessor, or seize or molest any dog while held or led by any person, or while properly muzzled, or while wearing a collar with a proper license tag attached; nor shall any person bring any dog into the city for the purpose of taking up and killing or selling the same. (Brookl. Ords. § 76.) 3. HorseSj swine and neat cattle. All horses, swine or neat cattle found at large may be taken by any person, and driven or carried to such place as may be designated by the board of aldermen as a public pound. The pound master or person having charge of such pound shall enter in a book, to be kept by him for that purpose, the names and places of abode of all persons who may bring any horse, swine or neat cattle to the pound and the time of bringing the same respectively; but no person shall receive any compensation for driving or bringing any horse, neat cattle or swine to a pound. If the owner of any such horse, swine or neat cattle, or any other per- son entitled to redeem the same, shall appear and claim the same at any time before a sale thereof, the pound master shall deliver the animal, on receiving the amount of his fee for keeping and feeding the same, not exceeding $1 for each beast for every 24 hours, and at that rate for any less period of time. If no person shall appear to claim such horse, swine or neat cattle, within 3 days after the same may have been impounded, the pound master shall give 3 days’ notice of the sale thereof. Such notice shall contain a general description of the beasts impounded, and shall be posted up in some conspicuous place at the pound and in the City Hall, and shall also be inserted in 2 or more of the public newspapers published in the city. In case of the sale of any impounded horse, swine or neat cattle, the pound master shall retain, out of the proceeds of such sale, sufficient to pay the amount of his fees and all charges incurred by him on account of said horse, swine or neat cattle. If, after any such sale, and while the proceeds thereof remain in the hands of the pound master, the former owner of the horse, swine or neat cattle so sold shall appear and claim the same, the pound master shall de- duct from the proceeds of such sale the fees and charges due, and pay over the residue to the person so claiming to be the owner. Each C ound master on making any delivery of horses, swine or neat cattle efore sale, or on payment of surplus money after sale, shall obtain from the person claiming the same, his name and residence; and once in each month he shall report the same to the corporation coun- sel, stating the names of all persons claiming all horses, swine or neat cattle, and their places of residence, the date when the animals were sold or redeemed, and the names of the persons leaving the same at the pound. (C. O. §§ 553a-558.) § 3. Bathing in public; floating baths . — No persons shall swim or bathe in any of the waters within the jurisdiction of the city, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of the person; nor shall any person dress or undress in any place exposed to view. The president of the borough, in which the same are situated, is authorized to perfect and promulgate all suitable rules and regula- tions governing the use of the free floating baths of the city, and breaches of said rules and regulations shall be punishable by a fine 358 CODE OF ORDINANCES OF THE CITY OF NEW YORK not exceeding $5 for each offense^ or by imprisonment not exceeding one day. (C. O. § 208.) § 4. City magistrates^ courts . — An additional city magistrate’s court district, for the borough of Manhattan, is hereby established for the upper west side of said borough, the boundaries of which shall be fixed in accordance with the provisions of § 70, chapter 659 of the Laws of 1910, and the court house thereof shall be located on the upper West Side, between W. 140th st. and W. 160th st., in said borough. The court shall be known as the 12th District Magistrate’s Court. (Ord. Sept. 23, 1913.) § 5. Juror’s fees . — In pursuance of § 3314 of the Code of Civil Procedure, it is hereby directed that the sum of $2 be allowed to each trial juror for each day’s necessary attendance by. him as such a juror at a term of any court of record of civil jurisdiction held within the county of New York; provided, however, that no such juror shall be so paid for attendance on any day on which he shall be excused from service at his own request. In pursuance of § 231 of the Municipal Court Act (Laws of 1902, chapter 580), as amended by chapter 431 of the Laws of 1908, it is hereby directed that the sum of $2 be allowed to each trial juror for each day’s necessary attendance by him as such juror, at a term of any municipal court of the city; provided, however, that no such juror shall be so paid for attendance on any day on which he shall be excused from service. (C. O. §§ 492, 564.) § 6. Letter boxes . — The post office authorities and owners of prop- erty in the city are hereby given permission, subject to the ap- proval of the borough president having jurisdiction, to attach tem- porarily small mail boxes, known as letter boxes, to any building or part thereof; provided, however, the consent in writing of the owner of the property be given and filed with the borough president having jurisdiction, and further provided the work be done with- out cost to the city. Application for permission to attach any such letter box must be made in writing to the president of the borough having jurisdiction, and in the form prescribed by him. (Ord. Apr. 28, 1914.) § 7. Queens county; county clerk’s fees . — The following prices and charges are hereby fixed for services rendered by the county clerk of Queens, in carrying out the provisions of the various laws which affect his office and for which no amount is fixed by statute: Examining all papers as required by Tax Law and reporting to the State comptroller’s office; 5 cents for each instrument examined; For indexing all names in index of deeds, mortgages, lis pendens, judgments, calendars, common rule, and marriage licenses: 2 cents for each name indexed; For assorting, arranging, numbering, filing, etc., all judgments and special proceedings: $1 for each judgment or decree; For docketing sheriff’s returns on executions: 6 cents for each return; For filing sheriff’s returns on executions: 6 cents each; For preparing calendars for printer: 10 cents per folio; For recording calendars in calendar book: 12 cents per case; For notifying county judge, sheriff, commissioner of jurors, and newspapers as to drawing of jurors: 10 cents per folio; MISCELLANEOUS 359 For making and preparing lists of jurors for county judge, sheriff, commissioners of jurors, and Supreme Court: 10 cents per folio; For preparing reports, making copies of judgments, entering judgments, furnishing transcripts and reporting to State commis- sioner of excise on all persons convicted of violation of the Liquor Tax Law: $30 per month; For preparing report to the Secretary of State of all persons con- victed of crimes: $20 per month; For entering, filing and notifying all papers filed, in clerk^s minutes for Supreme and County courts: 6 cents for each paper filed; For indexing all cases in clerk’s minutes: 2 cents per name; For attending and drawing jury: $2 each jury; Delivering jury box to court: $3 per day; Indexing all titles in map index: 2 cents per name or title; For recopying and transcribing public maps, recoloring same, repairing missing parts; 6 cents per square inch for drawing, $1 per hour for recoloring. (Ord. May 5, 1914.) § 8. Session laws; compensation for same in Queens and Rich- mond , — The compensation for publication of the Session Laws in the counties of Queens and Richmond, respectively, is hereby fixed at the rate of 50 cents per folio. (Ord. Apr. 14, 1914.) § 9. Official newspaper^ Queens . — The Argus, published at Rock- away Beach, in the borough and county of Queens, representing the National Republican Party, is hereby designated as the news- paper in which shall be published the election notices hereafter is- sued by the secretary of state, and in which shall be published the official canvass of votes cast at any general or special election held in said borough or county, in place and stead of the Daily Long Island Farmer. §10. Violations . — Whenever in any chapter of this ordinance no specific punishment is provided for the violation of a provision thereof, the punishment, upon conviction for such violation, shall be a fine of not more than $10, or imprisonment for not exceeding 10 days, or both such fine and imprisonment. (C. O. Part XVI.) The former ordinance provided for a “penalty’* of ten dollars. A penalty is recovered in a civil action whereas a “fine” (as now provided) is recovered in a criminal action. This is really a return to the provision of the Consolidation Act (L. 1882, ch 410) which declared, § 85, that every violation of the ordinances should be a misdemeanor. The Greater N. Y. Charter changed this and by § 50, gave the Board of Aldermen power to impose “such fines, penalties, forfeitures or imprisonment as may by law be prescribed.” This penalty clause was drawn to come within that provision and meet the objection to the old clause in People v. Marks, Russell, C. J., N. Y. Law Journal, Feb. 15, 1913. As § 786 of the ordinances of 1897 prescribed a penalty of ten dollars that has been the law until now. The old Police Magistrates were invested by chapter 233, Laws 1895, with power to impose fines “in all cases of arrest for offending any ordinance of The City of New York.” This power was transferred to the City Magistrates by chapter 601, Laws 1895, and continued in them by section 1392 of the original and amended Charters. This would clearly seem to give the City Magistrates jurisdiction where the ordinances have specifically made ah offense a misdemeanor. 360 CODE OF ORDINANCES OF THE CITY OF NEW YORK CHAPTER 28 Repeal Sec. 1. Existing ordinances repealed. § 2. Saving clause. Sec. 1. Existing ordinances repealed . — All other general ordinances or parts of general ordinances of the city, in force on the date when this ordinance shall take effect, are hereby repealed. The repeal clause originally reported by the Codification Committee was more sweeping and repealed “all other ordinances and parts of ordinances in force,” etc. (City Record, Feb. 18. 1915.) This was changed to apply to “general” ordinances alone because the city charter only required “general” ordinances to be codified and this code in no way affected such “special” ordinances as the tax levy, cor- porate stock issues, salaries and kindred subjects. (City Record, March 11, 1915. p. 2013.) All local ordinances relating to the different cities, towns and villages which were united in the Greater New York Charter are repealed unless expressly incorporated in this code. These local ordinances were all carefully considered in preparing this code and being of a general nature are now covered by the ordinances applicable to the entire city. (See Appendix B, Report of Codification Committee of Jan. 4, 1915, and printed in pamphlet form.) § 2. Saving clause . — No right or remedy of any character shall be lost, impaired or affected by reason of this ordinance, nor shall it affect or impair any act done or right accruing, accrued or acquired, nor any penalty, forfeiture or punishment incurred prior to the time when the same shall take effect, or by virtue of any ordinance, or part thereof, repealed or modified by this ordinance, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent, as if such senior ordinance, or part thereof, had not been repealed or modified. (Adapted from Charter, § 1614.) § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen March 23, 1915. Approved by the Mayor March 30, 1915. The above is the date of the adoption of entire foregoing Code, excepting the sections in the Addenda. General Notes The following citations are given merely as a ready reference to certain matters frequently arising in connection with the ordinances. Evidence, Ordinances must be pleaded. — The courts will not take judicial notice of municipal ordinances. They must be specially pleaded and proved. City of N. Y. V. Knickerbocker Trust Co., 104 App. Div. 223; People v. New York, 7 How. Pr. 81; Harker v. New York, 17 Wend. 199. But where there is a common law liability then it is not necessary to plead the ordinance to admit it as proof of neg- ligence. Berry v. Urban Water Supply Co., 163 App. Div. 21. Validity. — An ordinance adopted pursuant to authority from the legislature has the same force within the corporate limits as a statute passed by the Legis- lature. Village of Carthage v. Frederick, 122 N. Y. 268; City of Buffalo v. N. Y. & Lake Erie R. R., 152 N. Y. 276. Ford v. N. Y. Central. 33 App. Div. 474. The charter of a city limits the extent of its ordinances. City of Rochester v. West, 29 App. Div. 125, aff’d 164 N. Y. 510. Penalties. — A penalty must be certain and is void for uncertainty. City of Utica V. Blakeslee, 46 How. Pr. 165; and where “fixed penalties” are prescribed, the ordinance must so conform. City of Poughkeepsie v. King, 38 App. Div. 610. An ordinance may prescribe a penalty for an act already penal by the laws of the REPEAL 361 State. City of Brooklyn v. Toyabee, 31 Barb. 282. Ordinance imposing penalty is strictly construed. People ex rel. Kane v. Sloane, 98 App. Div. 450. Burden of Proof — An ordinance is presumed to be reasonable. City of N. Y. V. Hewitt, 91 App. Div. 445; City of N. Y. Interurban Ry. Co., 43 Misc. 29. But it is always competent to show that it is unreasonable. Mayor v. Dry Dock Ry. Co.. 133 N. Y. 104; Fire Dept. v. Gilmour, 149 N. Y. 453; Health Dept. v. Rector Trinity Church, 145 N. Y. 32; Brooklyn Crosstown R. R. Co. v. City of Brooklyn, 37 Hun, 413; Yonkers v. Yonkers R. Co., 51 App. Div. 271; Buffalo v. Collins Bak. Co., 39 App. Div. 432; Dunham v. Rochester, 5 Cow. 462. Must be Reasonable. — One test of the validity of an ordinance is whether it is reasonable. City of Buffalo v. Hill, 79 App, Div. 402; People ex rel. Lieberman v, Vandicarr, 81 App. Div. 128, aff’d, 175 N. Y. 440. Motive. — The motive is not material, Kittinger v. Buffalo Tr. Co., 160 N. Y. 377 ; even in allegations of fraud and corruption. Borhite v. Home Tel. Co., 50 App. Div. 25. Invalid in Part. — Ordinances, like statutes, may be valid in part and invalid in others. Duryee v. Mayor, 96 N. Y. 477 ; Rogers v. Jones, 1 Wend. 237. Retroactive. — In certain cases an ordinance may be retroactive as in requiring safeguards in buildings previously erected. N. Y. Fire Dept. v. Wendell. 13 Daly, 427. Construction. — While ordinances providing penalties are to be strictly con- strued, Village V. Fisher, 140 N. Y. 187, still they must be reasonably con- strued so as to give effect to the intent of the legislature. O’Keefe v. Adams, 46 St. Rep. 557; People ex rel. Cumiskey v. Wurster, 14 App. Div. 556; Mayor, etc., V. Third Ave. R. R. Co., 16 St. Rep. 122, app. 117 N. Y. 4(H; Duryee v. Mayor, 96 N. Y. 477. See McQuillin, Municipal Ordinances. Defenses. — The fact that other persons are violating an ordinance and are not prosecuted is no defense. City of Buffalo v. N. Y., Lake Erie & W. R. R., 152 N. Y. 276. City’s Liability. — In some cases city is not liable for failure to enforce ordinances. Levy V. Mayor, 3 Super. Ct. 465; Stillwell v. Mayor, 49 Super. Ct. 360; Studeor v. Village Gouverneur, 15 App. Div. 229. Non-Residents. — Ordinances apply to non-residents as well as to residents within limits of municipality. Jones v. Firemen’s Fund Co., 2 Daly, 307, aff’d, 51 N. Y. 318; Buffalo v. Webster, 10 Wend. 99. Police Power. — An ordinance to be valid under the police power must be a rea- sonable exercise of that power. City of N. Y. v. Wineburgh Adv. Co., 122 App. Div. 748. Injunctions. — Threatened enforcement of ordinances is no ground for injunction. Fifth Ave. Coach Co. v. City of N. Y., 126 App. Div. 657; Eden Musee Amuse- ment Co. V. Bingham, 125 App. Div. 780. Negligence and Nuisance. — ^The suits brought to recover damages suffered by reason of the violation of ordinances are very numerous. See Thomas on Neg- ligence and Wood on Nuisances. For ready reference the following leading cases are given: Vaults and Cellars. — Babbage v. Powers, 130 N. Y. 281; Jorgensen v. Squires, 144 N. Y. 281; Jennings v. Van Schaick, 108 N. Y. 530. Landlord. — Trustees Canandaigua v. Foster, 156 N. Y. 354; Swords v. Edgar, 59 N. Y. 28; Ahern v. Steele, 115 N. Y. 203. Complying with Conditions of License. — Wolf v. Kirkpatrick, 101 N. Y. 146; Devine v. Nat. Wall Paper. Co., 95 App. Div. 194. Coal hole.—Clififord v. Dam, 81 N. Y. 52. COLHi: OF OKDlNANCEa OF THE CITY OF NEW YORK 3t)2 ADDENDA AN ORDINANCE to re-establish the original corporate seal of The City of New York, and to provide for the use thereof. Be it Ordained by the Board of Aldermen of The City of New York^ as follows: Sec. 1. The corporate seal of The City of New York, as adopted by the Common Council on July 24, 1686, with the alteration adopted by the Common Council on March 16, 1784, is hereby re-established, and the following device is hereby adopted as the device of said seal, to wit: Arms: Upon a shield, saltire- wise, the sails of a windmill. Between the sails, in chief a beaver, in base a beaver, and on each flank a flour barrel. Supporters: Dexter, a sailor, his right arm bent, and holding in his right hand a plummet; his left arm bent, his left hand resting on the top of the shield ; above his right shoulder a cross-staff. Sinister, an Indian of Manhattan, his right arm bent, his right hand resting on ADDENDA 363 the top of the shield, his left hand holding the upper end of a bow, the lower end of which rests on the ground. Shield and supporters rest- ing upon a horizontal laurel branch. Date: Beneath the horizontal laurel branch the date 1664, being the year of the capture of New Amsterdam by the English and the first use of the name of the City of New York. Crest: Upon a hemisphere, an American eagle with wings displayed. Legend: Upon a ribbon encircling the lower half of the design the words “Sigillum Civitatis Novi Eboraci.’^ The whole encircled by a laurel wreath. Sec. 2. The following design is hereby adopted as the official and standard design of such corporate seal: Sec. 3. The City Clerk shall cause to be executed and cast in bronze a model of the foregoing design as the standard corporate seal of the City and shall keep the same in his custody. The said City Clerk shall also cause the said design to be engraved in accurate conformity therewith upon metal as the seal of the City and shall keep and affix the same as provided in Section 31 of the Charter of the City. Sec. 4. From and after the twelfth day of June, nineteen hundred and fifteen, the said seal shall be used for all requisite purposes and all representations of the seal of the City impressed or printed after said date on documents, publications or stationery, issued or used by or in the name or under the authority of the City, or of any Borough or Department thereof, or carved, or otherwise represented on buildings or structures owned by the City; or otherwise officially portrayed shall be in exact conformity with the aforesaid standard design without alteration or addition. The seals now in use by the City shall be defaced and cancelled on said date by the City Clerk, and shall remain in his custody. Adopted by the Board of Aldermen, March 23, 1915. Approved by the Mayor, April 6, 1915. AN ORDINANCE relating to the adoption of an official flag by The City of New York. Be it Ordained by the Board of Aldermen of The City of New York as follows: Sec. 1. The following design is hereby adopted as the design of the official flag af The City of New York and as a substitute for the flag now in use, to wit: ^‘A flag combining the colors orange, white and blue arranged in perpendicular bars of equal dimensions (the blue being nearest to: the flagstaff), the standard design of the seal of the City in blue upon the middle or white bar, which said colors shall be the same as those of the flag of the United Netherlands in use in the year one thousand six hundred and twenty-six. Sec. 2. Such official flag shall also be the oflicial flag of the several departments of the City Government, but each such department may place upon any flag intended for its own use the appropriate title to designate such department, such title to be inscribed in block letters in blue upon the middle or white bar of the flag, under the seal. 3G4 CODE OF ORDINANCES OF THE CITY OF NEW YORK Sec. 3. The City Clerk shall be the custodian of the official flag of the City, and shall cause to be made in accordance with the afore- said design such number of flags as he deems proper and necessary and of suitable size for use on the City Hall and other buildings and structures owned by the City. Sec. 4. This ordinance shall take effect on the twelfth day of June, nineteen hundred and fifteen. Adopted by the Board of Aldermen, March 23, 1915. Approved by the Mayor, April 6, 1915. THE SANITARY CODE 365 THE SANITARY CODE CONSTITUTING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF NEW YORK Be it Resolved by the Board of Health of the Department of Health of the City of New York that, by virtue of the authority vested in the said Board by the provisions of Section 1172 of the Greater New York Charter, the Sanitary Code of the Board of Health and the Department of Health of the City of New York be generally revised and amended, and made to read as follows: Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Definitions. Animals. Births, marriages and deaths. Buildings. Cold storage. Coroners. Diseases. Drugs and medicines. Food and drink. General provisions. Midwifery and care of children. Miscellaneous provisions. Offensive materials. Plumbing, drainage, ventilation and sewage. Passenger cars. Street conditions. Trades, occupations and businesses. Vessels and seamen. Notes. By L. 1904, ch. 628, sec. 3, the Sanitary Code in force on May 1, 1904, was made a chapter of the Code of Ordinances of th(^ City of New York, and while the Board of Health has sole power to pass the Sanitary Code, all provisions relating thereto must be filed with the City Clerk and do not become effective until they are filed with the City Clerk.' Penalties . — The usual remedy for a violation of a provision in the Sanitary Code is a suit to recover a penalty of fifty dollars under Laws 1897, chapter 378, sec. 1172. The revised charter, L. 1901, ch. 466, sec. 1172, continued this provision in force. By the same' sections any violation of the Sanitary Code may be treated and punished as a misdemeanor. The penalty for violating an order of the Department of Health is $250, and the wilful refusal is a misde- meanor. L. 1901, ch. 466, sec. 1262. All suits must be brought in name of the “Dept, of Health of The City of New York.” L. 1901, ch. 466, sec. 1192. Permission granted by an inspector without authority will not excuse a violation. N. Y. Health v. Hannon, 4 Misc. 602. There may be prescribed for the same offense a civil remedy as well as a criminal remedy, People v. Meakins, 133 N. Y. 214; 366 CODE OF ORDINANCES OF THE CITY OF NEW YORK City N. Y. V. Alhambra, 136 App. Div. 509; People v. Snyder, 90 App. Div. 422. Police Power.— \i is well settled in this and other States that the Legislature has the power to delegate to municipal authorities the right to pass ordinances to promote the public health and safety. Polinsky v. People, 73 N. Y. 65. Cases cited in Ford v. N. Y. Cen- tral R. R. Co., 33 App. Div. at p. 478. As to the police powers in general, see Matter of Jacobs, 98 N. Y. 98, and Health Dept. v. Rector, etc., Trinity Church, 145 N. Y. 32; Cronin v. People, 82 N. Y. 318. The power to pass ordinances to regulate the preservation of the public health is vested in the Board of Aldermen by the Revised Charter, L. 1901, ch. 466, sec. 43. Also discussion of constitutional question in Tenement House Dept, of N. Y. City v. Moeschen, 179 N. Y. 325. Also see Met. Board of Health v. Heister, 37 N. Y. 661; People ex rel. Cox v. Special Sessions, 7 Hun, 214; Health Dept. V. Knoll, 70 N. Y. 530. For powers granted to Department of Health, see chapter XIX, L. 1901, ch. 466. The Sanitary Code has legislative sanction. People ex rel. Lieberman v. Vandecarr, 175 N. Y. 440, aff’d 199 U. S. 552; Bird v. Grout, 106 App. Div. 159. See also general notes after § 362, infra. ARTICLE 1 DEFINITIONS Sec. 1. Definitions. — Unless otherwise expressly stated, wherever used in the Sanitary Code, the following terms shall be taken to mean nnd include: cinders, coal, and every other substance which is left unconsumed by fire in stoves, furnaces, ranges, fire-pots, fire- places, and other such places. § 2. Bakeries^ ^ : all buildings, rooms, or places used or occupied for the purpose of making, preparing, or baking bread, biscuits, pastry, cake, doughnuts, crullers, noodles, macaroni, or spaghetti, to be sold or consumed on or off the premises, except kitchens in hotels, restaurants, boarding-houses, or private residences wherein such products are prepared to be used and are used exclusively on the premises. § 3. Board'' and ^^said Board": the Board of Health of the De- partment of Health of the City of New York. § 4. ^^Boarding-house" : every building or part thereof other than a hotel, inn, or lodging-house, wherein meals or lodging, or both, may be obtained for hire (customarily by the week). § 5. Butcher" : whoever is engaged in the business of keeping, driving, or slaughtering cattle, or in selling any meat. § 6. Cattle": all animals, except birds, fowl, and fish, of which any part of the body is used as food. § 7. Cellar": every basement or lower story of any building or house of which said basement or lower story one-half or more of the height from the floor to the ceiling is below the level of the street adjoining, or the surface of the adjacent yard, court, or ground. THE SANITARY CODE 367 § 8. “ Department" : the Department of Health of the City of New York. § 9. '*Diri": natural soil, earth, gravel, sand, and loose pieces of broken stone. § 10. "Factory" and "manufactory": any mill, workshop, or other manufacturing or business establishment, and all buildings, shops, and structures, or other places used therefor or in connection therewith, where one or more persons are employed at labor. § 11. "Fish": every part of any animal that lives in water or the flesh of which is not meat. § 12. "Food": all substances, except drugs, used or intended to be used for human consumption, including meat, fish, vegetables, drink, confections, and condiments, whether simple, mixed, or compound. § 13. "Garbage" : swill and every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the prepara- tion, decay, and dealing in, or storage of, meats, fish, fowls, birds, or vegetables. § 14. "Infectious disease": all diseases of a communicable, con- tagious, or pestilential nature. § 15. "Light" or "lighted": natural, external light. § 16. "Lodging-house" : any house or building or portion thereof, in which persons are harbored, or received, or lodged, for hire for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in, for any term less than a week. § 17. "Meat": every part of any land animal, and eggs (whether mixed or not with any other substance) . § 18. "Permit": the permission in writing of the Board of Health, issued according to the provisions of this Code, of any statute, or of the Regulations of the Board of Health. § 19. "Person": every individual, corporation, firm, and joint stock association. § 20. "Physician" : every person who holds himself out as being able to diagnose, treat, operate, or prescribe for any human disease, pain, injury, deformity, or physical condition, and who shall either offer or undertake by any means or method, to diagnose, treat, operate, or prescribe for any human disease, pain, injury, deformity, or physical condition. §21. "Private market": every store, cellar, stand, and place (not being a part of a public market), at or in which meat, fish, or vegetables is or are bought, sold, or kept for sale. § 22. "Public laundry": any place where articles are laundered for the general public for hire. § 23. "Public place": every street (as hereinafter defined), park, pier, dock and wharf, and every open space therewith connected, all waters within the jurisdiction of the City of New York; every public yard, ground, and area; every space open to the public be- tween a building and the street, between buildings, and between streets; all places of public assemblage, including every place of public worship, amusement, entertainment, or instruction, and every place where an appreciable number of persons gather for any pur- pose whatever, and every public room or space connected with, and every means of entrance to or exit from, any of the said places; all 368 CODE OF ORDINANCES OF THE CITY OF NEW YORK places and premises where goods, wares, and merchandise are sold or offered for sale, including all public rooms or places therewith connected; every railroad car, and every other public vehicle; every railroad depot, station, and platform, and every public room or space connected therewith, and every stairway and other means of entrance thereto or exit therefrom; every ferryboat and ferry- house, and every public room or space connected with, and every means of entrance to or exit from, such ferry-house. § 24. '^Refuse^\' waste material other than rubbish, ashes, or garbage, that attends use or decay and accumulation from the oc- cupancy of buildings or premises. §25. ''Report’^: a report in writing, signed by the person who makes the same and indicating his official position, if any such posi- tion be held. § 26. Rubbish'^ : solid waste material accumulating or resulting from the use or occupancy of buildings or premises, such as paper, straw, excelsior, rags, bottles, old clothes, old shoes, tin cans, and other materials of a similar character. § 27. Saloon”: every portion of any building in which the busi- ness of selling meals, liquors, drinks, or refreshments of any kind, shall be conducted, including ‘^concert saloons. § 28. ''Stable”: every building or portion thereof in which any horse, cattle, or other animal shall be kept. § 29. "Streets”: avenues, public highways, sidewalks, gutters, and public alleys, lanes, and paths. § 30. "Theatre”: the building, room, and place, where any play, concert, opera, circus, trick or jugglery show, gymnastic or other exhibition, masquerade, public dance, or other public gathering, drill, lecture, address, or other form of public entertainment, amuse- ment, or instruction are, is, or may be, held, given, furnished, per- formed, or take place, and every public room or space connected with, and every means of entrance to or exit from, any such place. §31. "Vegetable”: every article used for human consumption as food, other than meat, fish, or milk. ARTICLE 2 ANIMALS Sec. 2. Glanders, farcy, and other contagious diseases; duty of veterinary surgeon to report. § 3. Glanders, farcy, and other contagious diseases; animals suffering therefrom not to be retained or exposed; destruc- tion authorized. § 4. Animals suffering from or exposed to contagious disease not to be brought into or kept in city. § 5. Animal injured or diseased beyond recovery and abandoned, to be destroyed. § 6. Animals injured or diseased past recovery, dead, or affected with an infectious or contagious disease to be reported and removed. § 7. Dead, sick, or injured animals; interference by unauthor- ized persons prohibited. THE SANITARY CODE 369 § 8. Dead, sick, or injured animals; conditions dangerous to life or detrimental to health prohibited. § 9. Dead horses; to be tagged before placing in street. § 10. Rabid and vicious animals, Department of Health to be notified; destruction authorized; removal regulated. § 11. Horses, cattle, swine, sheep, geese, and goats; not to be kept or yarded without a permit. § 12. Keeping of cows regulated. § 13. Tuberculin test of cows; certificate. § 14. Cattle; adequate ventilation, proper food and water, to be provided. § 15. Cattle; method of transporting in vehicles restricted. § 16. Shelter for homeless animals; site to be approved; conduct thereof regulated. § 17. Unmuzzled dogs; not permitted in any public place. § 18. Sale of small animals regulated. § 19. Live chickens, geese, ducks, and other fowls; the keeping, killing, and sale regulated. § 20. Keeping of live pigeons regulated. Sec. 2. GlanderSy farcy, and other contagious diseases; duty of vet- erinary surgeon to report. — Every veterinary surgeon who shall examine or professionally attend any animal in the City of New York affected with glanders, or farcy, or any other contagious dis- ease, shall, immediately upon the discovery of such veterinary sur- geon that such animal is thus affected, report in writing to the De- partment of Health the location of such diseased animal, the name and address of the owner thereof, and the type and character of the disease. (S. C. Sec. 127.) § 3. Glanders, farcy, and other contagious diseases; animals suffering therefrom not to be retained or exposed; destruction authorized. — No person shall keep or retain, or cause or allow to be kept or retained, at any place in the City of New York, any animal affected with glanders or farcy, or any other contagious disease, but shall, im- mediately upon his or her discovery that such animal is thus affected, report the fact and the location of such animal to the Department of Health. The Sanitary Superintendent, an Assistant Sanitary Superintend- ent, or the Director of the Bureau of Infectious Diseases, of the De- partment of Health, shall cause every such animal to be promptly isolated or killed, and, if killed, the body thereof to be promptly removed and disposed of, in such manner as he shall designate. (S. C. Sec. 125.) § 4. Animals suffering from or exposed to contagious diseases not to be brought into or kept in city. — No cattle, swine, sheep, horses, dogs, or cats, which are affected with or have been exposed to any disease which is contagious among such animals, shall be brought into or kept in the City of New York. (S. C. Sec. 124.) § 5. Animal injured or diseased beyond recovery and abandoned, to be destroyed. — Any animal, in any street or public place wfithin or adjacent to the built-up portion of the City of New York, appearing, in the opinion of any officer or inspector of the Department of Health (and that of two citizens, requested by such officer or inspector to 24 370 CODE OF ORDINANCES OF THE CITY OF NEW YORK view, in his presence, the said animal), to be so injured or diseased as to preclude the possibility of such animal thereafter serving any useful purpose, and not being properly cared for, may, if not re- moved within one hour after being found in such condition by the said officer or inspector, be destroyed by or according to the direc- tion of the said officer or inspector. (S. C. Sec. 129.) § 6. Animals injured or diseased past recovery^ dead, or affected with an infectious or contagious disease to be reported and removed . — Any person owning or having in his charge or under his control an animal injured or diseased past recovery, or dead, and not killed for or proper for use as food, or affected with an infectious or contagious disease, in the City of New York, shall, immediately upon discover- ing or learning such fact, notify the Department of Health thereof, and shall, under the direction of the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Infectious Diseases, of the Department of Health, or an officer of the Police Department, remove or cause the removal of such animal to such place as such official shall designate. (S. C. Sec. 130.) § 7. Dead, sick, or injured animals; interference by unauthorized persons prohibited . — No person other than a police officer or an in- spector or officer of the Department of Health, or other person au- thorized by law so to do, shall, in any way interfere with any dead, sick, or injured animal in any street or public place in the City of New York, except that the owner or person having control of such animal may terminate its life in the presence and by the consent of any such officer, inspector, or person. (S. C. Sec. 131.) § 8. Dead, sick, or injured animals; conditions dangerous to life or detrimental to health prohibited . — No person shall leave in or throw into any street or public place, or public water, in the City of New York, or offensively expose or bury, anywhere in the said City, the body (or any part thereof) of any dead, sick, or injured animal; nor shall any person keep any dead animal or any offensive meat, bird, fowl, or fish, in a place where the same may be dangerous to the life or detrimental to the health of any person. (S. C. Sec. 128.) § 9. Dead horses; to be tagged before placing in street . — All dead horses, before being placed in the street, must bear a tag giving the name and address of the owner thereof and the stable from which the horse is removed. (S. C. Sec. 126.) § 10. Rabid and vicious animals; Department of Health to be noti- fied; destruction authorized; removal regulated . — Every animal that has rabies or that shows symptoms of rabies, and every animal that has been bitten by another animal affected with rabies, or has been otherwise exposed to such disease shall, by the person owning the same or having possession thereof, be at once confined in some secure place for such length of time as may be necessary for the purpose of determining whether such disease exists or showing that such exposure has not given such animal said disease, and of avoiding all danger to life or health, and such person shall also, immediately upon discovering or learning any of the aforesaid facts, notify the Depart- ment of Health thereof and of the place where such animal is con- fined. Every animal which is mad or has rabies shall at once be killed by the owner or person having possession thereof, or by the Department of Health, and the body of any animal that has died of THE SANITARY CODE 871 such disease, or being suspected of such disease has been killed, shall be at once surrendered to the Department of Health for disposition. Should a dog bite any person, it shall be the duty of the owner, o^ person, having the same in his possession or under his control, to immediately notify said Department thereof, and surrender said dog to said Department for inspection and observation; and such dog shall be returned to the person from whom the same shall have been received if found not rabid or vicious, and, if found to be rabid or vicious to such an extent as to be unsafe to be at large, it shall be destroyed by said Department. When the police or other person or authorities destroy a dog for any of the causes herein mentioned, it shall be his or their duty to immediately notify the Department of Health thereof and of the location of its body, so that the said body may be obtained by the said Department; and it shall be unlawful to remove any dog or animal to which the provisions of this section apply, or the body of any such dog or animal, except as herein provided. (S. C. Sec. 132.) § 11. HorseSy cattlSy swine y sheep, geese, and goats; not to he kept or yarded without a permit. — No horses shall be yarded and no cattle, swine, sheep, geese, or goats, shall be kept or yarded within or ad- jacent to the built-up portions of the City of New York, without a permit issued therefor by the Board of Health. (S. C. Sec. 73.) § 12. Keeping of cows regulated. — No co\Vs shall be kept in the City of New York without a permit issued therefor by the Board of Health or otherwise than in accordance with the terms of the said permit and with the Regulations of said Board. (S. C. Sec. 72.) § 13. Tuberculin test of cows; certificate. — No milch cow or cow in- tended for any purpose other than slaughter, shall be admitted to the City of New York unless accompanied by a certificate stating that the said cow is free from tuberculosis so far as may be ascer- tained by physical examination and the application of the tuberculin test. Said certificate shall contain a physical description of the cow sufficiently accurate for the purpose of identification, and must be signed by a legally registered veterinarian, who shall state the date and place of his registration. The certificate shall also bear a num- ber which must correspond with a tag that shall have been securely attached to and be on the ear of the cow. The certificate shall also contain the date of the examination, which examination shall have been made not more than sixty days prior to the time the cow indi- cated therein is brought into the city; it must also contain the place of examination, the temperature of the cow for twelve hours prior to the injection of tuberculin, the name, quality, and character of the preparation of tuberculin used, the location of the injection, the quantity injected, and the temperatures from the eighth to the eighteenth hours after the injection, or until the reaction is com- pleted. (S. C. Sec. 124.) § 14. Cattle; adequate veyitilation, proper food and water to be pro- vided. — No cattle shall be kept in any place, in the City of New York, where the ventilation is not adequate, and the water and food are not of such quality and in such condition as to properly preserve their health, condition; and wholesomeness for food. (S. C. Sec. 71.) § 15. Cattle, method of transporting in vehicles restricted. — No cattle shall be placed or carried while bound or tied by the legs, or bound 372 CODE OF ORDINANCES OF THE CITY OF NEW YORK down by the neck, in any vehicle in the City of New York, but shall be allowed to freely stand in such vehicle when transported and while being therein. (S. C. Sec. 77.) § 16. Shelter for homeless animals; site to be approved; conduct thereof regulated. — No shelter for homeless animals shall hereafter be opened or established in the City of New York unless the site therefor be first approved by the Board of Health; and no such shelter shall be conducted in said City without a permit therefor issued by the said Board or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 8la.) § 17. Unmuzzled dogs; not permitted in any public place. — No un- muzzled dog shall be permitted, at any time, to be on any public highway or in any public park or place in the City of New York. (S. C. Sec. 80a.) § 18. Sale of small animals regulated. — No person shall sell or keep for sale at any place in the City of New York any dogs, cats, birds, or other small animals, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 80.) § 19. Live chickens, geese, ducks, and other fowls; the keeping, killing, and sale regulated. — No live chickens, geese, ducks, or other fowls, shall be brought into, or kept, held, offered for sale, sold, or killed in, any yard, area, cellar, coop, building, premises, public market, or other public place, except premises used for farming in unimproved sections of the City, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 79.) § 20. Keeping of live pigeons regulated. — No live pigeons shall be kept within the built-up portion of the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 81.) ARTICLE 3 BIRTHS, MARRIAGES, AND DEATHS Sec. 31. Births; parents and every person to report; physicians and professional midwives to keep register and file written copy. § 32. Deaths; duty of physicians and other persons to report; contents of death certificate; physicians to register with Bureau of Records. § 33. Births, marriages, and deaths; copy of registry to be filed. § 34. Marriages; duty of clergymen, magistrates, and other per- sons performing ceremony. § 35. Persons who perform the marriage ceremony must register. § 36. False certificates, statements, and reports. § 37. Dead bodies of human beings; permit to carry or convey required; exception. § 38. Dead bodies of human beings; transit permit required; con- ditions under which said permit will be granted. THE SANITARY CODE 373 § 39. Dead bodies of human beings not to be retained or exposed. § 40. Dead bodies of human beings not to be retained unburied. § 41. Dead bodies of human beings; duty of persons discovering such bodies to communicate with Department of Health. § 42. Dead bodies of human beings; interment, cremation, or other disposition; permit required. § 43. Sextons and undertakers; to register with Department of Health. § 44. Duties of sextons and other persons. § 45. Crematories, burying-grounds, cemeteries, tombs, and vaults; permit required to establish, to bury, and to open receptacle; burial of dead body restricted. § 31. Births; parents and every person to report; physicians and pro- fessional midwives to keep register and file written copy. — It shall be the duty of the parents of any^ehild born in the City of New York (and if there be no parent alive that has made such report, then of the next of kin of said child born), and of every person present at such birth, to file with the Department of Health, within ten days after such birth, a report, in wTiting, stating, as far as known, the date, borough, street, and street number of said place of birth, the name, sex, and color of such child born, the name, residence, birth- place, and age of the parents, respectively, the occupation of the father, and the maiden name of the mother. It shall also be the duty of physicians and professional mid wives to keep a registry of the several births in which they have assisted professionally, which shall contain the date of birth, the borough, street, and street number of premises wherein such birth took place, the sex and color of the child, and also, as nearly as can be ascertained, the name of the said child, the number of previous children born of the mother, the num- ber now living, the name, residence, birthplace, and age of the parents, respectively, the occupation of the father, and the maiden name of the mother; and it shall be the duty of such physicians and profes- sional midwives, also, to file a written copy of the said registry of birth with the Department of Health in the borough office of the borough wherein the birth occurred, within ten days after such birth, upon blank forms furnished by the said Department. Such physi- cians and professional midwives shall also certify that they assisted professionally at the birth so reported, and that all the other facts stated in the copy of the said registry are true to the best of their knowledge, information, and belief. (S. C. Sec. 159.) Statute requires N. Y. Boards of Health to make complete registration of births, deaths and marriages. People v. New Lots, 34 Hun, 336; Matter of Lauteryung, 48 N. Y. Super. Ct. 308. § 32. Deaths; duty of physicians and other persons to report; contents of death certificate; physicians to register with Bureau of Records . — Physicians who shall have attended deceased persons in their last illness shall make and preserve a registry of the death of every such person, stating the cause thereof and specifying the date, hour, street, and street number of the premises, of such death, and shall file with the Department of Health a report, in writing, of the death of every such person, stating, as nearly as can be ascertained, the date of death, the sex, name and surname, age, occupation, term of 374 CODE OF ORDINANCES OF THE CITY OF NEW YORK residence in the City of New York, place of nativity, condition of life, namely, whether single or married, a widow or widower, or di- vorced, the color, last place of residence, the name and birthplace of the parents, respectively, the maiden name of the mother, and the chief and determining, and the contributory, cause or causes of death, of such person; stating also whether an autopsy has been per- formed, and, if so, the findings of such autopsy; and the coroners of the City, and the physicians to the coroners, shall, in their certifi- cates, conform to the requirements of this section, and, where death shall have resulted from accident, homicide, or suicide, shall specify how, when, and where the injuries causing such death were received. (S. C. Sec. 160.) Mandamus will lie to compel a hospital to correct a certificate of death which they have filed with the Health Department. People ex rel. Haase v. German Hosp., 8 Abb. N. C. 332. § 33. Births, marriages, and deaths; copy of registry to he filed. — It shall be the duty of every person required to make or keep a registry / of births, marriages, or deaths, to present to the Bureau of Records of the Department of Health a copy of such registry signed by such person, within ten days after the birth or marriage, and within thirty- six hours after the death, of any person to whom such registry relates, which copy of such registry shall thereupon be placed on file in the said Bureau. (S. C. Sec. 161.) This does not mean leaving the notice personally with the Board of Health; mailing is suflScient. Dept. Health City of N. Y. v. Owen, 94 App. Div. 425. § 34. Marriages; duty of clergymen, magistrates, and other persons performing ceremony. — It shall be the duty of clergymen, magis- trates, and other persons who perform the marriage ceremony in the City of New York, to keep a registry of the marriages performed by them, respectively, which shall contain the place and date of marriage, the age, color, name and surname, birthplace, and resi- dence, respectively, of the bride and groom, the number of times each has been married, the condition of each, namely, whether single, a widow or widower, or divorced, the occupation of the groom, the maiden name of the bride, if a widow, and the names of the parents and the maiden name of the mother, of each. (S. C. Sec. 158.) § 35. Persons who perform the marriage ceremony must register . — Every person authorized by law to perform the marriage ceremony shall, before performing any such ceremony in the City of New York, register his or her name and address, and every change of address, in the office of the Bureau of Records of the Department of Health. (S. C. Sec. 158.) § 36. False certificates, statements, and reports. — No person shall make, prepare, deliver, or issue any false certificate, statement, or report, of a birth, marriage, or death, or any certificate, statement, or report, which is not in accordance with the facts of the birth, mar- riage, or death. All certificates, statements, and reports, of births, marriages, or deaths, shall be signed by the person purporting to make the same, and no person shall sign or forge the name of another to any such certificate, statement, or report. (S. C. Sec. 162.) § 37. Dead bodies of human beings; permit to carry or convey re- quired; exception. — No captain, agent, or other person, having charge THE SANITAUV CODE 375 of or attached to any ferry-boat or sailing or other vessel, or any person in charge of any public or private vehicle or conveyance, shall convey or allow to be conveyed, thereon or therein, from, through, into, or within the City of New York, nor shall any person carry or convey, or allow to be carried or conveyed, in any manner, from, through, into, or within the said City, the dead body of any human being, or any part thereof, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of such permit and the Regulations of said Board; provided, however, that the same effect shall be given, under this section, to a transit permit issued by Boards of Health, Health Officers, Registrars, or other duly authorized persons, in any State of the United States whose rules and regulations for the transportation of the dead shall, when such permit is issued, be in material accord with those at the time in force in the City of New York, as though such permit were issued by the Board of Health of the City of New York. (S. C. Sec. 163.) § 38. Dead bodies of human beings; transit permit required; condi- tions under which said permit will be granted . — No transit permit shall be granted for the removal, burial, or other disposition of the re- mains of any person who shall have died in the City of New York unless a certificate of death, prepared upon a form furnished by the Department of Health and signed as hereinafter provided, shall have been filed in the said Department. Such certificate must be signed by a physician upon whom has been conferred the degree of doctor of medicine, or by a physician who has been granted a license after a medical examination con- ducted by the New York State Board of Medical Examiners, the questions for which have been prepared by the Board of Regents of said State. (S. C. Sec. 163a.) § 39. Dead bodies of human beings not to be retained or exposed . — No person shall retain, expose, or allow to be retained or exposed, the dead body of any human being to the peril or prejudice of the life or health of any person. (S. C. Sec. 164.) § 40. Dead bodies of human beings not to be retained unburied . — No person shall retain unburied the dead body of any human being for a longer period than four days after the death of such person, with- out a permit from the Sanitary Superintendent, an Assistant Sani- tary Superintendent, or the Director of the Bureau of Infectious Diseases, which permit shall specify the length of time during which such body may be so retained. (S. C. Sec. 165.) § 41. Dead bodies of human beings; duty of persons discovering such bodies to communicate with Department of Health . — It shall be the duty of every person who has discovered or seen the body of a dead human being or any part thereof (if there is reason for such person to think that the fact of the death, or the place of such body, or part thereof, is not publicly known), to immediately communicate to the Department of Health the fact that such person has discovered or seen such body, the place where, and time when, such body was discovered or seen, and (if known) the place where such body is or may be found, and any facts known by which such body may be identified or the cause of death ascertained. (S. C. Sec. 166.) § 42. Dead bodies of human beings; interment^ cremation, or other 376 CODE OF ORDINANCES OF THE CITY OF NEW YORK disposition; permit required. — No interment, cremation, or other disposition, of the dead body of any human being, shall be made in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of such permit and the Regulations of said Board, and the said dead body shall be placed in a metallic or tin-lined box, or a box so constructed as to prevent the issuance of any liquids therefrom. No sexton or other person shall assist in, assent to, or allow the interment, crema- tion, or other disposition of any such body, or aid the preparation of or assist in preparing any grave or place of deposit for any such body, unless a permit shall have been issued, as hereinbefore provided, au- thorizing such interment, cremation, or other disposition of such body ; and it shall be the duty of every person who shall receive any such permit to return such permit to the Department of Health in accordance with the Regulations of the Board of Health. (S. C. Sec. 167.) § 43. Sextons and undertakers; to register with Deportment of Health. — Every person who acts as a sexton or undertaker in the City of New York, or has the charge or care of any crematory, vault, torhb, burying-ground, or cemetery for the reception of the dead bodies of human beings, or any place wherein the bodies of any human beings are deposited, shall cause his or her name and address, and every change of address, and the character of his or her duties, to be regis- tered with the Bureau of Records of the Department of Health. (S. C. Sec. 169.) § 44. Duties of sextons and other persons. — Every sexton and other person having charge of any crematory, burying-ground, cemetery, tomb, or vault, in the City of New York, shall, before twelve o^clock on Monday of each week, make a return to the Department of Health, which return shall set forth a record of the receipt and dis- position of each body buried or cremated since the last return, and which said return shall be in such form, and shall specify such addi- tional particulars, as the Regulations of the Board of Health shall require. (S. C. Sec. 170.) § 45. Crematories, hurying-grounds, cemeteries, tombs, and vaults; permit required to establish, to bury, and to open receptacle; burial of dead body restricted. — No new crematory, burying-ground, cemetery, tomb, or vault to be used for the reception of dead human bodies shall be established, nor shall an}^ dead body, or the remains thereof, be placed in any existing burying-ground, vault, tomb, or cemetery, in' the City of New York, nor shall any grave, vault, tomb, or other receptacle in which there is a human body or any part thereof, be opened, exposed, or disturbed, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of such permit and the Regulations of said Board, and every body buried in any such place shall be buried to the depth of six feet below the surface of the ground, and four feet below any closely adjacent street, except that, in the Borough of Queens, a body may be buried to the depth of three feet below the surface of the ground. (S. C. Sec. 168.) THE SANITARY CODE 377 ARTICLE 4 BUILDINGS Sec. 51. Joint and several responsibility of owner, lessee, tenant, and occupant for existence of nuisance or violation of Sanitary Code. §52. Inadequate strength, ventilation, light, and sewerage, of buildings, and conditions therein dangerous or prejudicial to life or health, forbidden. § 53. Nuisances, conditions dangerous and prejudicial to life or health; duties of owners, tenants, lessees, and occupants of buildings and lots. § 54. Dwellings; sanitary conditions; duties of owner and lessee. § 55. Theatres, manufactories, and workrooms; sanitary condi- tions, lighting, heating, and ventilation. § 56. Lodging-houses, boarding-houses, or manufactories not to be overcrowded. § 57. Schools, gymnasiums, and places of public worship; duties and responsibilities of persons in charge. § 58. Stables; to be maintained in accordance with the Regula- tions of the Board of Health. § 59. Roof and skylights to be kept in good repair. § 60. Walls and ceilings to be clean. § 61. Water tanks on roofs of buildings; their use regulated. § 62. Sleeping in cellars or in any place dangerous or prejudicial to life or health prohibited. Sec. 51. Joint and several responsibility of owner ^ lessee, tenant, and occupant for existence of nuisance or violation of Sanitary Code . — The owner, lessee, tenant, and occupant of every building or premises, or of any part thereof, where there shall be a nuisance, or a violation of any section of the Sanitary Code, shall be jointly and severally liable therefor, in so far as they, respectively, have the power to prevent or abate such nuisance or prevent such violation, and, to such extent, each of them may be required to abate the nuisance, or comply with the order of the Board of Health in respect to such building, premises, or part thereof. (S. C. Sec. 13.) Golden v. Health Dept., 21 App. Div. 420; People ex rel. Copcutt v. Board of Health, 140 N. Y. 1; Board of Health v. Copcutt, 140 N. Y. 12; Lawton v. Steele, 119 N. Y. 226. § 52. Inadequate strength, ventilation, light, and sewerage, of build- mgs, and conditions therein dangerous or prejudicial to life or health, forbidden. — No person, persons, or corporation, shall hereafter, in the City of New York, erect or cause to be erected, or convert or cause to be converted to a new purpose by alteration, any building or structure, or change or cause to be changed the construction of any part of any building or structure by addition or otherwise, so that it, or any part thereof, shall be inadequate or defective in respect to strength, ventilation, light, sewerage, or any other usual, proper, or necessary provision or precaution for the security of life and health; nor shall the builder, owner, lessee, tenant, or occupant of any building or structure in the said City cause or allow any matter 378 CODE OF ORDINANCES OF THE CITY OF NEW YORK or thing to be or to be done in or about any such building or structure dangerous or prejudicial to life or health. (S. C. Sec. 16.) § 53. Nuisances, conditions dangerous and prejudicial to life or health; duties of owners, tenants, lessees, and occupants of buildings and lots. — Every owner of any building, premises, or lot (whether vacant or occupied), and every tenant, lessee, and occupant of any building, premises, or lot, within or adjacent to the built-up portions of the City of New York shall keep and cause to be kept the sidewalk, flagging, and curb stone, in front thereof free from obstructions and nuisances of every kind; and no such owner, tenant, lessee, or occu- pant shall allow anything in, on, or about such building, premises, or lot, or any condition arising or existing therein or thereon to be- come a nuisance, or dangerous or prejudicial to life or health. (S. C. Sec. 41.) § 54. Dwellings; sanitary conditions; duties of owner and lessee . — No owner or lessee of any building, or any part thereof, shall lease or let or hire out or allow the same or any part thereof to be occupied by any person, or allow any one to dwell or lodge therein, except when said building or such parts thereof are sufficient!}^ lighted, ventilated, provided, and accommodated, and are in all respects in that condition of cleanliness and wholesomeness for which this Code or any law of this State provides, or in which the said Code or any such law requires any such premises to be kept. Nor shall any such person, having power to prevent the same, rent, let, hire out, or allow, to be used as or for a place of sleeping or residence, any cellar in any building, or any room of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell, or exhalation, prejudicial to health. (S. C. Sec. 17.) § 55. Theatres, manufactories, and workrooms; sanitary condi- ' Hons, lighting, heating, and ventilation. — The owner, agent, lessee, tenant, manager, and person conducting every theatre, auditorium, assembly hall, factory, workroom, store, or office, shall cause every part thereof and its appurtenances to be put, and shall thereafter cause the same to be kept, in a cleanly and sanitary condition, and shall cause every room thereof to be adequately lighted; shall pro- vide, in each room thereof, proper and sufficient means of ventilation by natural or mechanical means, or both, and maintain proper de- grees of temperature and humidity in every room thereof; and shall cause every part of any such place to be provided with such accom- modations and safeguards, as not, by reason of the want thereof, or by reason of anything about the condition of such place or its appur- tenances, to cause any unnecessary danger or detriment to the life or health of any person being proper Iv therein or thereat. (S. C. Sec. 22.) § 56. Lodging-houses, boarding-houses, or manufactories not to be overcrowded. — No owner, lessee, or keeper of any lodging-house, boarding-house, factory, workroom, store, office, or place of business, shall cause or allow the same to be overcrowded or cause or allow so great a number of persons to dwell, be, or sleep in any such house, or any portion thereof, as thereby to cause any danger or detriment to life or health. (S. C. Sec. 19.) § 57. Schools, gymnasiums, and places of public v^orship; duties and THE SANITARY CODE 379 responsibilities of persons in charge, — No master or teacher, or mana- ger of, or in, any school, public or private, or of or in any Sunday- school or gymnasium, or the officer thereof, or officer or manager or person having charge of any place of public worship, shall so far omit or neglect any duty or reasonable care or precaution respecting the safety or health of any scholar, pupil, or attendant, or respecting the temperature, ventilation, cleanliness, or strength, of any church, hall of worship, school-house, school-room, or place of practice or exercise connected therewith, or relative to anything appurtenant thereto, so that by reason of such neglect or omission, the life or health of any person shall suffer or incur any avoidable peril or detriment. (8. C. Sec. 25.) § 58. Stables; to be maintained in accordance with the Regutations of the Board of Health. — No stable shall be maintained in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. The provisions of this section shall apply to the owner, lessee, tenant, occupant, or person in charge of such stable. § 59. Roofs and skylights to be kept in good repair. — The roofs, skylights, walls, and windows of all buildings shall be kept in a condi- tion of good repair so that rain water shall not enter the building. (8. C. 8ec. 24.) § 60. Walls and ceilings to he clean. — All filthy and dirty walls and ceilings of any building, including the walls and ceilings of the cellars thereof, shall be thoroughly cleaned and whitewashed whenever required by the Department of Health. (8. C. Sec. 23.) § 61. Water tanks on roofs of buildings; their use regulated. — Every tank for holding water located on the roof or external part of a building shall be kept completely covered with a tight-fitting cover, and every such tank shall be ventilated. Every tank from which water is furnished for drinking and domestic purposes shall be emp- tied and the inside thoroughly cleaned at least once a year and at such other times as may be directed by the Sanitary Superintendent or an Assistant Sanitary Superintendent of the Department of Health. (S. C. Sec. 62a.) § 62. Sleeping in cellars or in any place dangerous or prejudicial to life or health prohibited. — No person having the right and power to prevent the same shall knowingly cause or permit any person to sleep or remain in any cellar, in any bathroom, in any room where there is a water-closet, or in any place dangerous or prejudicial to life or health, by reason of the want of ventilation or drainage, or by reason of the presence of any poisonous, noxious, or offensive odor or substance, or otherwise. (S. C. Sec. ik) ARTICLE 5 COLD STORAGE Sec. 71. The term ‘Hood” defined. § 72. Cold storage food to be marked. § 73. Time that cold storage food may be kept. 380 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 74. Food when once released for the purpose of placing same on market for sale not to be returned to cold storage. § 75. Food kept in cold storage not to be sold without represent- ing the fact of such storage. Sec. 71. The term defined. — The term food as used in this Article shall include any article, except nuts, fruits, cheese and vege- tables, used for food by man or animal and every ingredient of such article. § 72. Cold storage food to he marked. — It shall hereafter be unlaw- ful for any person or persons, corporation or corporations, engaged in the business of cold storage warehousemen or in the business of refrigerating, to receive any kind of food unless the said food is in an apparently pure and wholesome condition, and the food or the pack- age containing the same is branded, stamped or marked, in some conspicuous place, with the day, month and year when the same is received in storage or refrigeration. It shall be unlawful for any person or persons, corporation or cor- porations, engaged in the business of cold storage warehousemen or in the business of refrigerating to permit any article of any kind whatsoever used for food in the possession of any person or persons, corporation or corporations, engaged in the business of cold storage warehousemen or refrigerating, to be taken from their possession without first having branded, stamped or marked on said food stuffs or the package containing same, in a conspicuous place, the day, month and year when said food stuffs or package was removed from cold storage or refrigeration. It shall also be unlawful for any person or persons, corporation or corporations, to offer for storage in a cold storage warehouse or to place in storage in a cold storage warehouse any article of food unless the same is in an apparently pure and wholesome condition. § 73. Time that cold storage food may he kept. — It shall hereafter be unlawful for any person, corporation or corporations, engaged in the business of cold storage warehousemen or refrigerating, or for any person or corporation placing food in a cold storage warehouse, to keep in storage for preservation or otherwise any kind of food or any article used for food a longer period than ten calendar months, excepting butter products, which may be kept in said cold storage or refrigeration twelve calendar months. § 74. Food when once released for the purpose of placing some on market for sale not to he returned to cold storage. — When food has been in cold storage or refrigeration and is released therefrom for the pur- pose of placing the same on the market for sale it shall be a violation of the provisions of this Article to again place such food in cold storage or refrigeration. § 75. Food kept in cold storage not to he sold without representing the fact of such storage. — It shall be a violation of the provisions of this Article to sell any article or articles of food that have been kept in cold storage or refrigeration, without representing the same to have been so kept. THE SANITARY CODE ARTICLE 6 CORONERS 3.S1 Sec. 80. Duties of Coroners. § 81. Coroners to report information relative to the death of any person. § 82. Inquests; return to be made by Coroners. Sec. 80. Duties of Coroners. — Every Coroner in the City of New York, at least two hours before the holding of any inquest, shall transmit and cause to be delivered to the Department of Health written notice containing the following facts so far as known or re- ported to such Coroner: 1. The fact of any call for the holding of an inquest, by whom made, and when and from whom received by the Coroner. 2. The place (giving the street and street number, and if there be none, then other particulars) where the body is. 3. What is reported to be the cause of the death. 4. When and where the death took place, and where the body has since been. 5. When and where such Coroner proposes to hold the inquest, giving the street, the street number (or otherwise sufficiently desig- nating such place), and the hour. 6. What physician, physicians, or other professional person, last attended such deceased person, or attended such person within forty-eight hours of such decease. At any time after the commencement of any inquest, the Coroner holding or who held, such inquest, shall, within twelve hours after the receipt of a written request so to do from the Sanitary Superin- tendent, answer in writing such of the following or such other ques- tions as may be propounded to him by the said Sanitary Superin- tendent, to the best of his knowledge, information, and belief, and in the following form: Report of Coroner (here insert Coroner’s name) upon the body of (here fill in name or description of deceased), on the (here fill in year, month, and day), at (here mention street and number). 1. What was the age, sex, last occupation, residence, and nativity of such deceased person? 2. At what house or place, in or near what street or avenue, and at what number therein, did such deceased person die? 3. If such deceased person died of any poison, when and where was the same administered, and what was the kind of poison? 4. If such deceased person died of violence, when and where was the same committed, upon what part of the body and organs was it committed, and of what did such violence consist? 5. If such deceased person died of any other disease, what was the cause, and when and where did the cause take effect upon, or was it received by, the deceased? 6. Who was last in care of or with such deceased person before death, and at what place and time? Give the full name and residence of each such person. 7. What were the name and residence of the physician and persons, 382 CODE OF ORDINANCES OF THE CITY OF NEW YORK respectively, who last attended, and of each physician and person who within forty-eight hours of such death attended, such deceased person, and where did he, she, or they so attend? Was such physician or person, or were such physicians or persons, notified of, did he, she, or they attend, and was such physician or person, or were such physi- cians or persons examined at such inquest? 8. At what times, places, and dates was the inquest held? What were the names and residences by street number of the jurors and witnesses that attended, and the dates of their attendance? When and where was the body of the deceased present at such inquest? 9. Was any post-mortem examination made, and if so, when, where, and by whom, and who was present thereat? (S. C. Sec. 171.) § 81. Coroners to report information relative to the death of any per- son. — Every Coroner of the City of New York shall, immediately after any information relative to the death, in said City, of any per- son shall have been received by such Coroner or at the office of such Coroner, notify the Department of Health, or cause the said Depart- ment to be notified, thereof, apprising the said Department of the substance of such information. § 82. Inquests; return to he made by Coroners. — Every Coroner in the City of New York shall make a return to the Bureau of Records of the Department of Health of every inquest held by such Coroner, except when such return is required by law to be filed elsewhere, and such return shall include the evidence taken at such inquest, the verdict of the jury, and the full names and residences of the several jurymen; and such return shall be made within forty-eight hours after the holding of such inquest. And, in all cases where the return is required by law to be filed elsewhere, such Coroner shall forward to the said Bureau a copy of such return or a full report of such inquest, which copy or report shall include a copy of the evidence taken at such inquest, the verdict of the jury, and the full names and residences of the several jurymen; and such copy or report shall be so forwarded within forty-eight hours after the holding of such inquest. ARTICLE 7 DISEASES Sec. 86. Duty of persons in charge of hospitals, and of physicians, to report infectious diseases. § 87. Duty of every person to report persons affected with an infectious disease. § 88. Duty of superintendents of hospitals and dispensaries, and of physicians, to report cases of venereal disease. § 89. Isolation of persons affected with infectious diseases. § 90. Duty of physicians to report deaths from infectious dis- eases. § 91. Puerperal septicaemia and suppurative conjunctivitis; duty of officers of schools, dispensaries, and other insti- tutions, and of physicians, to report. § 92. Occupational diseases and injuries; duty of officers of hos- pitals, public institutions, and dispensaries, and of physi- cians, to report. THE .SANITARY CODE 383 § 93. Group of cases of food poisoning; duty of officers of hospi- tals, and of physicians, to report. § 94. Exclusion of children from schools. § 95. Exclusion of teachers and instructors affected with certain diseases. § 96. Isolation of persons affected with infectious diseases in institutions. § 97. Removal of persons affected with any infectious disease authorized. § 98. Removal of persons affected with an infectious disease regulated. § 99. Persons having an infectious disease not to engage in manufacturing in tenement houses. § 100. Acts tending to promote spread of disease prohibited. § 101. Disinfection and renovation of premises, furniture, and belongings. § 102. Duties of undertakers. § 103. Public or church funerals prohibited where death has been caused by certain diseases. Sec. 86. Duty of persons in charge of hospitals^ and of physicians, to report infectious diseases. — It shall be the duty of the manager or managers, superintendent, or person in charge of every hospital, institution, or dispensary, in the City of New York, to report to the Department of Health in writing the full name, age, and address of every occupant or inmate thereof or person treated therein, af- fected with any one of the infectious diseases included in -the follow- ing list, with the name of the disease, within twenty-four hours after the time when the case is diagnosed, and it shall be the duty of every physician in the said City to make a similar report to the said De- partment within the same period relative to any person found by such physician to be affected with any one of the said infectious diseases, stating, in each instance, the name of the disease: acute an- terior poliomyelitis (infantile paralysis), anthrax, Asiatic cholera, diphtheria (croup), dysentery (epidemic), epidemic cerebro-spinal meningitis, glanders, suppurative conjunctivitis, hook-worm disease, leprosy, malarial fever, measles, mumps, paratyphoid fever, plague, pulmonary tuberculosis, rabies, rubella (German measles, rotheln), scarlet fever, epidemic septic sore throat, smallpox, tetanus, tra- choma, trichinosis, tuberculous meningitis, typhoid fever, typhus fever, varicella (chicken-pox), whooping-cough, and yellow fever. Provided, that if the disease is typhoid fever, scarlet fever, diph- theria, epidemic dysentery, or epidemic septic sore throat, every such report shall also show whether the patient has been, or any mem- ber of the household in which the patient resides is, engaged or em- ployed in the handling of milk, cream, butter, or other dairy products for sale or preliminary to sale. (S. C. Sec. 133.) § 87. Duty of every person to report persons affected with an infec- tious disease. — When no physician is in attendance, it shall be the duty of every person having knowledge of any person affected with any disease apparently or presumably infectious to at once report to the Department of Health all facts in relation to the illness and physical condition of any such person. (S. C. Sec. 136.) 384 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 88. Duty of superintendents of hospitals and dispensaries y and of physicians, to report cases of venereal disease . — It shall be the duty of the manager, superintendent, or person in charge, of any correctional institution and of every public or private hospital, dispensary, clinic, asylum, or charitable institution in the City of New York to report promptly to the Department of Health the name or initials, together with the sex, age, marital state, and address, of every occupant or inmate thereof or person treated therein, affected with syphilis or gonorrhoea; and it shall also be the duty of every physician in the said City to promptly make a similar report to the Department of Health relative to any person found by such physician to be affected with syphilis or gonorrhoea. All reports made in accordance with the provisions of this section, and all records of clinical or laboratory examinations indicating the presence of syphilis or gonorrhoea, shall be regarded as confidential, and shall not be open to inspection by the public or by any person other than the official custodian of such reports or records in the Department of Health, the Commissioner of Health, and such other persons as may be authorized by law to inspect such reports or records, nor shall the custodian of any such report or record, the said Commissioner of Health, or any such other person divulge any part of any such report or record so as to dis- close the identity of the person to whom it relates. § 89. Isolation of persons affected with infectious diseases . — It shall be the duty of every physician, immediately upon discovering a person affected with an infectious disease, to secure such isolation of such person or to take such other action as is or may be required by the Regulations of the Department of Health. (S. C. Sec. 138.) But no person can be quarantined simply because he has not been vaccinated. Matter of Smith, 146 N. Y. 68. § 90. Duty of physicians to report deaths from infectious diseases . — It shall be the duty of every physician to report forthwith, in writing, to the Department of Health, the death of every person who dies from, or while suffering with, any infectious disease, and to state in such report the specific name and type of such disease. (S. C. Sec. 135.) § 91. Puerperal septicaemia and suppurative conjunctivitis; duty of officers of schools, dispensaries, and other institutions, and of physi- cians, to report . — It shall be the duty of the manager or managers, superintendent, or person in charge of every sanitarium, day nursery, convalescent home, home for children, reformatory, training school, boarding school, hospital, dispensary, or other institution for the care or treatment of persons, in the City of New York, to immediately report or cause to be immediately reported to the Department of Health, the name, age (so far as can be ascertained), and residence of every person received therein or treated thereat who is affected with puerperal septicaemia or suppurative conjunctivitis, with the name of the disease with which such person is affected, and it shall be the duty of every physician in the said City to immediately make, or cause to be immediately made, a similar report to the said Depart- ment relative to any person found by such physician to be so af- fected, stating, in each instance, the name of the disease with which such person is affected. Every such manager, physician, and officer shall also report the name and address of the physician or midwife THE SANITARY CODE 385 in attendance at the time of the onset of the disease, which informa- tion it is hereby made the duty of every institution herein specified to obtain and record among its records. (S. C. Sec. 144.) § 92. Occupational diseases and injuries; duty of officers of hospitals^ public institutions^ and dispensaries^ and of physicians ^ to report . — It shall be the duty of the manager or managers, superintendent, or person in charge of every hospital, institution, or dispensary, in the City of New York, to report to the Department of Health, in writing, the full name, age, and address of every occupant or inmate thereof or person treated therein, affected with any one of the occu- pational diseases included in the list appended, with the name of the disease, within twenty-four hours after the time when the case is diagnosed and it shall be the duty of every physician to make a similar report to the said Department within the said period relative to any person found by such physician to be affected with any one of the said occupational diseases, stating, in each instance, the name of the disease: Arsenic poisoning, bisulphide of carbon poisoning, brass poisoning, caisson disease (compressed-air illness), carbon monoxide poisoning, dinitrobenzine poisoning, lead poisoning, mer- cury poisoning, methyl alcohol or wood naphtha poisoning, natural gas poisoning, phosphorus poisoning. (S. C. Sec. 134.) § 93. Group of cases of food poisoning; duty of officers of hospitals, and of physicians, to report. — It shall be the duty of every physician, and of the manager, superintendent, or other person in charge of any hospital, dispensary, or other institution, having knowledge of the occurrence of a number or group of cases of severe or fatal ill- ness, which appear to be due to the consumption of spoiled or poi- sonous articles of food to immediately report the same to the De- partment of Health. § 94. Exclusion of children from schools. — No principal or superin- tendent of any school, and no parent, master, or custodian of any child or minor (having the power and authority to prevent) Shall permit any child or minor having acute poliomyelitis (infantile paralysis), chicken-pox, diphtheria (croup), epidemic cerelDro-spinal meningitis, measles, mumps, pulmonary tuberculosis (if in a com- municable form), rubella (German measles, rotheln), scarlet fever, smallpox, or whooping-cough, or any child or minor in any family, or living with any family, in which any such disease exists or has recently existed, to attend any public, private, or parochial school until the Department of Health shall hdve given its permission there- for, nor shall any such principal, superintendent, parent, master, or custodian permit any child or minor to be unnecessarily exposed, or to needlessly expose any other person, to any infectious disease or to any infective person or agent. (S. C. Sec. 145.) § 95. Exclusion of teachers and instructors affected with certain dis- eases. — No person affected with pulmonary tuberculosis (if in a com- municable form) or with any other disease mentioned in Section 94 of the Sanitary Code shall be employed as teacher or instructor in any public, private, or parochial school, or permitted to teach or in- struct therein, unless the written permission therefor shall have been obtained from the Department of Health. § 96. Isolation of persons affected with infectious diseases in institu- tions. — It shall be the duty of the manager or managers, superin- 25 386 CODE OF ORDINANCES OF THE CITY OF NEW YORK tendent, or person in charge of every sanatorium, sanitarium, day nursery, convalescent home, home for children, reformatory, train- ing school, boarding school, hospital, dispensary, or other institution for the care or treatment of persons, in the City of New York, to provide and maintain a suitable room or rooms for the isolation of persons affected with such infectious diseases as the Regulations of the Department of Health may from time to time designate as being subject to the provisions of this section, and such persons shall im- mediately be isolated in such room or rooms. (S. C. Sec. 140.) § 97. Removal of persons affected with any infectious disease au- thorized. — Whenever an inspector of the Department of Health shall report in writing that any person affected with any infectious disease, under such circumstances that the continuance of such per- son in the place where he or she may be is dangerous to the lives or health of other persons residing in the neighborhood, the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Direc- tor of the Bureau of Infectious Diseases, of the said Department, upon the report of a Medical Inspector of the said Department may cause the removal of such person to a hospital designated by the Board of Health. (S. C. Sec. 139.) § 98. Removal of persons affected with an infectious disease regu- lated. — No person shall, in the City of New York, without a permit therefor issued by the Board of Health, carry, move, or cause to be carried or moved, in any manner whatsoever, through any public street or place any person affected with an infectious disease, or any article which has been exposed to such disease; nor shall any per- son remove or cause to be removed, in the City of New York, any such person or article from any building or vessel to any other build- ing or vessel, or to the shore, without a permit therefor issued by the Board of Health. (S. C. Sec. 143.) § 99. Persons having an infectious disease not to engage in manu- facturing in tenement houses. — Unless permission therefor shall have been obtained from the Department of Health, no person affected with any infectious disease, or who is exposed to any infectious dis- ease, shall, in any tenement house or in any part thereof, engage in the manufacture, altering, repairing, or finishing of any article what- soever, except for the sole and exclusive use of the person so engaged. Whenever required by the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Infectious Diseases, of the Department of Health, any person engaged in the manufacture, altering, repairing, or finishing of any article whatso- ever, except for the sole and exclusive use of the person so engaged, shall submit to a physical examination by a medical inspector of the said Department. § 100. Acts tending to promote spread of disease prohibited.— person shall by any exposure of any individual sick of any infectious disease, or of the body of such person, or by any negligent act con- nected therewith, or in respect of the care or custody thereof, or by a needless exposure of himself, cause, contribute to, or promote, the spread of disease from any such person, or from any dead body. (S. C. Sec. 143.) § 101. Disinfection and renovation of premises , furniture, and belong- ings, — Adequate disinfection or cleansing and renovation of premises. THE SANITARY CODE 387 furniture, and belongings, deemed by the Department of Health to be infected by any contagious, infectious or communicable disease, shall immediately follow the recovery, death, or removal of the per- son suffering from such disease, and such disinfection or cleansing and renovation shall be performed by the owner of said premises. (S. C. Sec. 146.) §.102. Duties of undertakers. — It shall be the duty of every under- taker having notice of the death of any person within the City of New York of acute cerebro-spinal meningitis, acute poliomyelitis (infantile paralysis), Asiatic cholera, diphtheria (croup), plague, scarlet fever, smallpox, or typhus fever, or of the bringing of the dead body of any person who has died of any such disease into the said City, to give immediate notice thereof to the Department of Health. No person shall retain or expose, or assist in the retention or exposure of, the dead body of any such person except in a coffin or casket properly sealed; nor shall any person allow any such body to be placed in any coffin or casket unless the body shall have been wrapped in a sheet saturated with a proper disinfecting solution, and the coffin or casket shall then be immediately and permanently sealed. No undertaker shall assist in the public or church funeral of any such person. No undertaker shall use, or cause or allow to be used, at any funeral or in any room where the dead body of any such person shall be, any draperies, decorations, rugs, or carpets, belonging to or furnished by him or under his direction. (S. C. Sec. 141.) § 103. Public or church funerals prohibited where death has been caused by certain diseases. — A public or church funeral shall not be held of any person who has died of acute poliomyelitis (infantile paralysis), Asiatic cholera, diphtheria (croup), epidemic cerebro- spinal meningitis, measles, plague, scarlet fever, smallpox, typhus fever, or yellow fever, but the funeral of such person shall be private, and it shall not be lawful to invite to, or permit at, the funeral of any person who has died of any one of the above diseases, or invite to or permit at any services connected therewith, any person whose attendance is not necessary, or from or to whom there is danger of contagion thereby. (S. C. Sec. 142.) ARTICLE 8 DRUGS AND MEDICINES Sec. 116. Drugs; manufacture and sale regulated; the terms ^Mrugs,'' ‘^adulterated,^’ and “misbranded” defined. § 117. Regulating the sale of proprietary and patent medicines.^ § 118. Drugs, medicines, decoctions, and drinks; fraudulent dis- tribution prohibited. § 119. Proprietary medicines; distributions of samples regulated. § 120. The use of living bacterial organisms in the inoculation of human beings regulated. § 121. Free distribution of vaccine antitoxin, serum and cultures regulated. § 122. Poison; sale and distribution regulated. § 123. Carbolic acid; sale regulated. 388 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 124. Wood naphtha, otherwise known as wood alcohol or methyl alcohol; sale and distribution regulated. § 125. Bichloride of mercury; sale regulated. § 126. Habit forming drugs; sale and distribution regulated. Sec. 116. Drugs; manufacture and sale regulated; the terms drugs “ adulterated and misbranded^ ^ defined. — No person shall manu- facture or produce, or have, sell, or offer for sale, in the City of New York, any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated: (1) If, when sold by or under a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as stated in the United States Pharmacopoeia or National Formulary at the time of investigation. (2) If its strength or purity falls below the professed standard under which it is sold. A drug shall be deemed misbranded : (a) If it is an imitation or offered for sale under the distinctive name of another article. (b) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a state- ment, on the label thereof, of the quantity or proportion of any al- cohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, contained therein. (c) If the package or label bear or contain any statement, design, or device, regarding the drug or its ingredients, or regarding its or their action on diseased conditions, which statement, design, or de- vice shall be false or misleading in any particular. (d) If a box, bottle, or package, containing virus, therapeutic serum, toxin, antitoxin, or analogous product, fails to bear on the outside thereof, conspicuously, clearly, and legibly set forth, in English, the proper name of the substance therein contained, the name and address of the person, persons, firm, or corporation by whom or by which the said substance has been prepared, the date beyond which the said substance cannot be reasonably expected to produce the result or results for which it has been prepared, and (if such license shall have been obtained) the United States license number of the establishment in which the said substance has been prepared; and, in the case of diphtheria and tetanus antitoxin, if the box, bottle, or package containing such antitoxin shall fail to bear on the outside thereof conspicuously, clearly and legibly set forth, in English, the value of the contents thereof as an antitoxin, which value shall be measured according to and stated in the terms of some generally recognized standard. (e) If any proprietary or patent medicine to which the provisions of Section 117 of this Code relate shall fail to contain every ingredient, the name of which shall have been filed in the Department of Health pursuant to said Section 117 of this Code as a constituent part of said medicine; or if such proprietary or patent medicine shall contain any ingredient, the name of which shall not have been filed in the THE SANITARY CODE 389 said Department pursuant to said Section 117 of this Code as a constituent part of such medicine. (S. C. Sec. 69.) [The provisions of subdivision (e) shall take effect December 31, 1915. J § 117. Regulating the sale of proprietary and patent medicines . — No proprietary or patent medicine manufactured, prepared, or in- tended, for internal human use, shall be held, offered for sale, sold, or given away, in the City of New York, until the following require- ments shall, in each instance, have been met: The names of the ingredients of every such medicine shall be registered in the Department of Health in such manner as the Regu- lations of the Board of Health may prescribe. The expression ‘‘proprietary or patent medicine, for the purposes of this section, shall be taken to mean and include every medicine or medicinal compound manufactured, prepared, or intended, for internal human use, the name, composition, or definition of which is not to be found in the United States Pharmacopoeia or National Formulary, or which does not bear the name of each ingredient con- spicuously, clearly, and legibly set forth, in English, on the outside of each bottle, box, or package in which the said medicine or medi- cinal compound is held, offered for sale, sold, or given away. The provisions of this section shall not, however, apply to any medicine or medicinal compound, sold or given away upon the written prescription of a duly licensed physician, provided such medicine or medicinal compound be sold or given away to or for the use of the person for whom it shall have been prescribed, and provided, also, that the said prescription shall have been filed at the establishment or place where such medicine or medicinal compound is sold or given away, in chronological order according to the date of the receipt of such prescription at such establishment or place. Every such prescription shall remain so filed for a period of five years. The names of the ingredients of proprietary and patent medicines, registered in accordance with the terms of this section, and all in- formation relating thereto or connected therewith, shall be regarded as confidential, and shall not be open to inspection by the public or any person other than the official custodian of such records in the Department of Health, such persons as may be authorized by law to inspect such records, and those duly authorized to prosecute or enforce the Federal Statutes, the Laws of the State of New York, both crim- inal and civil, and the Ordinances of the City of New York, but only for the purpose of such prosecution or enforcement. This section shall take effect December 31, 1915. § 118. Drugs, medicines, decoctions, and drinks; fraudulent distribu- tion prohibited. — No person shall make, prepare, put up, administer, or dispense any prescription, decoction, or medicine, under any false or misleading name, direction, or pretense; nor shall any ingredient be substituted for another in any prescription, nor shall any false or misleading representation be made by any person to any other, as to the kind, quality, purpose, or effect of any drug, medicine, decoc- tion, drink, or other substance, offered or intended to be taken as food or medicine. (S. C. Sec. 65.) § 119. Proprietary medicines; distributions of samples regulated . — No person shall, in the City of New York, distribute, free of charge. 390 CODE OF ORDINANCES OF THE CITY OF NEW YORK or throw away any nostrum, proprietary medicine, or other sub- stance of an alleged medicinal or curative character, intended for internal human use, in any street or public place, or from door to door, or by depositing the same upon private premises. The provisions of this section shall not, however, apply to the distribution by manufacturers or wholesale dealers of samples of any such substance to physicians or to the trade. § 120. The use of living bacterial organisms in the inoculation of human beings regulated. — The use of living bacterial organisms in the inoculation of human beings for the prevention or treatment of disease is hereby prohibited until full and complete data regarding the method of use, including a specimen of the culture and other agents employed therewith, and a full account of the details of prep- aration, dosage, and administration shall have been submitted to the Board of Health of the City of New York, and permission shall have been granted in writing by the said Board for such use. (S. C. Sec. 148a.) § 121. Free distribution of vaccine ^ antitoxin y serum and cultures regulated. — Any duly licensed physician who shall find it necessary to administer any vaccine, antitoxin, serum, or culture to a patient too poor, or dependent upon another or others too poor to pay for such vaccine, antitoxin, serum, or culture, may receive, free of charge, the requisite quantity thereof upon application to the Department of Health or any of its duly authorized agents, provided that such physician shall sign a stipulation to the effect that he or she, as the case may be, will not exact or receive from such patient any pay for such vaccine, antitoxin, serum, or culture. Any such physician, however, who shall exact or receive such pay after having signed such stipulation shall be deemed to have violated the provisions of this section. Every such stipulation shall be filed in -the Department of Health. § 122. Poison; sale and distribution regulated. — No person shall sell at retail or give away any poison without affixing or causing to be affixed to the bottle, box, package, parcel, or receptacle, con- taining such poison, a label upon which shall be printed in red ink, in plain legible characters, the name of the substance or article, the word ‘‘POISON,’’ the name and place of business of the seller, or donor, if the poison be given away, a skull and crossbones, the word “CAUTION,” the maximum dose of the poison, and the antidote therefor. The provisions of this section shall not apply to medicinal com- pounds containing poisonous drugs in therapeutic doses when the maximum dose of such preparation is marked upon the container. (S. C. Sec. 66.) § 123. Carbolic acid; sale regulated. — No phenol, commonly known as carbolic acid, shall be sold at retail by any person in the City of New York, except upon the written prescription of a duly licensed physician, when in a stronger solution than five per cent. (S. C. Sec. 67.) § 124. Wood naphthay otherwise known as wood alcohol or methyl alcohol; sale and distribution regulated. — No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her possession with intent to sell, offer for sale, give away, deal in, or supply, any THE SANITARY CODE 391 article of food or drink or any medicinal or toilet preparation, in- tended for human use internally or externally, which contains any wood naphtha, otherwise known as wood alcohol or methyl alcohol, either crude or refined, whatever may be the name or trade-mark under or by which the said wood naphtha shall be called or known. No person shall sell, offer for sale, give away, deal in, or supply, or have in his or her possession with intent to sell, offer for sale, give away, deal in, or supply, any wood naphtha, otherwise known as wood alcohol, or methyl alcohol, either crude or refined, whatever may be the name or trade-mark under or by which the said wood naphtha shall be called or known, unless the container in which the same is sold, offered for sale, given away, dealt in, or supplied, shall bear a notice containing the following device and words conspicuously printed or stenciled thereon, viz. : (Skull and crossbones represented.) POISON WOOD NAPHTHA OR WOOD ALCOHOL WARNING. — It is unlawful to use this fluid in any article of food, beverage, or medicinal or toilet preparation, intended for in- ternal or external human use. (S. C. Sec. 66a.) § 125. Bichloride of mercury; sale regulated. — No person shall sell or offer for sale, at retail, bichloride of mercury, otherwise known as corrosive sublimate, in the dry form, except upon the written pre- scription of a duly licensed physician or veterinary surgeon, and, then, only in tablets of a particularly distinctive form and color, labeled “POISON” upon each tablet, and dispensed in sealed glass containers conspicuously labeled with the word “POISON” in red letters. This section shall not apply to any preparation containing one- tenth of a grain or less of bichloride of mercury. (S. C. Sec. 67a.) § 126. Habit forming drugs; sale and distribution regulated. — No opium, morphine, chloral, or cannabis indica, or any other substance giving a physiological reaction similar to that of opium; or any salts, alkaloids, or derivatives, of any of the said drugs or substances; or any preparation, compound, or mixture, containing any of the said drugs or substances or their salts, alkaloids, or derivatives; shall be sold at retail or given away in the City of New York except upon the written prescription of a duly licensed physician, veterinarian, or dentist. The foregoing provisions shall not, however, apply to prepara- tions, compounds, or mixtures, containing any of the aforesaid drugs or substances or their salts, alkaloids, or derivatives, prepared for external use only, in the form of liniments, ointments, oleates, or plasters. (S. C. Sec. 182.) ARTICLE 9 FOOD AND DRINK Sec. 136. Inspection of foods authorized. § 137. Condemnation and destruction of animals and foods au- thorized. 392 CODE OP ORDINANCES OF THE CITY OF NEW YORK § 138. Possession of food by dealer in food, pr-ima facie, deemed to be held for sale as human food. § 139. Food; sale of adulterated or misbranded prohibited; the terms “food,^^ “adulterated,’’ and “misbranded” defined. § 140. Food and drink; not to be sold under a false name or qual- ity. § 141. Poisonous, deleterious, and unwholesome substances; use as food prohibited. § 142. Food; to be protected from dust, dirt, flies, or other con- tamination. § 143. Eating and drinking utensils; use in common prohibited; the term “public place” and “factory” defined. § 144. Cooking, eating, and drinking utensils to be properly cleansed after being used. § 145. Beverages and drinks; the use of taps, faucets, tanks, fountains, and vessels regulated. § 146. Employment of persons affected with infectious or venereal disease prohibited. § 147. Room, factory, stall, place, and appurtenances to be kept in a cleanly and wholesome condition; food and drink to be clean and wholesome, and not poisoned, infected, or rendered unsafe; personal responsibility of owner, occupant, custodian, principal, agent, or person in charge. § 148. Manufacture and storage of food and drink regulated. § 149. Preparation, service, and sale of food and drink in kitchens, serving-rooms, or dining-rooms regulated. § 150. The care and sale of food and drink in stores regulated. § 151. Unwholesome, unclean, watered, or adulterated milk and cream, and butter or cheese made therefrom; possession and sale prohibited. § 152. Adulterated milk and cream; distribution prohibited; term “adulterated” defined. § 153. Adulterated milk and cream; seizure and destruction au- thorized. § 154. Condensed, and condensed skimmed, milk; possession and sale regulated; the term “adulterated” defined. § 155. Milk, cream, condensed, or concentrated milk, condensed skimmed milk, and modified milk; sale regulated; term “modified milk” defined; exception. § 156. Milk and cream; grades and designations. § 157. Milk and cream; must conform to grade standards. § 158. Buttermilk, sour milk, sour cream, and other milk prod- ucts; quality of product regulated. §159. Bottles, cans, and other receptacles for holding milk and cream; use regulated and restricted. § 160. Calves, pigs, lambs, fish, birds, and fowl; sale regulated. §161. Cattle; not to be killed while in an overheated or feverish condition. § 162. Meat and dead animals; sale regulated. § 163. Unhealthy, unsound, unwholesome, and unsafe ineat, vegetables and milk; possession and sale prohibited; terms “meat,” “vegetables,” and “not sound” defined. THE SANITARY CODE 393 § 164. Oysters; sale regulated. § 165. Artificial or natural mineral, spring, or other water; manu- facture regulated. § 166. Public water supply; purity and wholesomeness protected. § 167. Water; duties of persons in authority. § 168. Water from wells; the use thereof regulated and restricted. § 169. Drinking hydrants; water therefrom not to be rendered unwholesome. Sec. 136. Inspection of foods authorized, — Dealers in food and all other substances used or intended to be used for human consumption, and their agents, and all persons engaged in the transportation thereof, shall allow any duly authorized representative of the De- partment of Health to freely and fully inspect the cattle, meat, fish, vegetables, milk, and other food, as well as all other substances used or intended to be used for human consumption, held or kept by them, or intended for sale. (S. C. Sec. 60.) § 137. Condemnation and destruction of animals and foods au- thorized. — Upon any cattle, sheep, swine, or other animals, fowl or other birds, meat, fish, vegetables, or milk, or other food or drink being found by any inspector or other duly authorized representative of the Department of Health in a condition which renders it or them, in his opinion, unfit for use as human food, or in a condition or of a weight or quality forbidden by provisions of the Sanitary Code, such inspector or other duly authorized representative of the said Department is hereby empowered, and directed to immediately condemn and, when possible, denature the same and cause it or them to be destroyed or removed to the offal or garbage dock for destruction, and report his action to the said Department without delay. And the owner or person in charge thereof, when so directed by an inspector or other duly authorized representative of the said Depart- ment or by an order of the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Food Inspection of the said Department shall remove or cause the same to be removed to the place designated by such inspector or other duly authorized representative or by the order of said Sanitary Superin- tendent or such Assistant Sanitary Superintendent or the Director of the Bureau of Food Inspection, and shall not sell, offer to sell, or dispose of the same for human food. And when, in the opinion of the Sanitary Superintendent or an Assistant Sanitary Superintendent, or the Director of the Bureau of Food Inspection, any such meat, fish, milk, vegetables, or other food or drink shall be unfit for human food, or any such cattle, sheep, swine, or other animals, or fowls or other birds, by reason of disease, or exposure to contagious disease, shall be unfit for human food, and in an unfit condition to remain near other animals or to be kept alive, the Board of Health may direct the same to be destroyed, in such manner as the said Board shall designate. (S. C. Sec. 58.) § 138. Possession of food hy dealer in food, prima facie, deemed to he held for sale as human food. — Food in the possession of, or held, kept, or offered for sale by, a dealer in food shall, prima facie, be deemed to be held, kept, and offered for sale as human food. 394 CODE OF OHDINANCES OF THE CITY OF NEW YORK § 139. Food; sale of adulterated or misbranded prohibited; the terms *‘foodf^ adulterated and misbranded' ’ defined, — No person shall have, sell, or offer for sale in the City of New York any food which is adulterated or misbranded. The term food as herein used shall include every article of food and every beverage used by man and all confectionery. Food as herein defined shall be deemed adulterated: (1) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. (2) If any inferior or cheaper substance has been substituted wholly or in part for the article. (3) If any valuable constituent of the article has been wholly or in part abstracted. (4) If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable substance, or any portion of any animal unfit for food, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter. (5) If it is colored or coated or polished or powdered, whereby damage is concealed or it is made to appear better than it really is. (6) If it contains any added poisonous ingredient, or any ingredi- ent which may render it injurious to health; or if it contains any antiseptic or preservative not evident and not known to the pur- chaser or consumer. (7) If, in the case of confectionery, it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health; or any vinous, malt, or spirituous liquor or compound, or narcotic drug. (8) If, in the case of spirituous, fermented, and malt liquors, it contains any substance or ingredient which is not normally present in such liquors, or which may be deleterious or detrimental to health when such liquors are used as beverages. Food shall be deemed misbranded: (a) If it is an imitation or offered for sale under the distinctive name of another article. (b) If it is labeled or branded so as to deceive or mislead the pur- chaser, or purport to be a foreign product when not so ; or if the con- tents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; or if it fails to bear a statement on the label of the quan- tity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, contained therein. (c) If in package form and the contents are stated in terms of weight or measure, such weight or measure is not plainly and cor- rectly stated on the outside of the package. (d) If the package or its label shall bear any statement, design, or device, regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or mis- leading in any particular. Provided, that an article of food which does not contain any added THE SANITAKY CODE 395 poisonous or deleterious ingredient shall not be deemed to be adul- terated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accom- panied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged, so as to plainly indicate that they are compounds, imitations, or blends, the word “compound,’^ “imitation,^’ or blend,’’ as the case may be, being plainly stated on the package in which it is offered for sale; provided, that the term “blend,” as herein used, shall be construed to mean a mixtiu*e of like substances, not excluding harmless color- ing or flavoring ingredients used for the purpose of coloring and flavoring only. And provided further, that nothing in this section shall be con- strued as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added in^edient to disclose their trade formulas, except in so far as the provisions of this section may require to secure freedom from adulteration or mis- branding. (C. S. Sec. 68.) § 140. Food and drink; not to he sold under a false name or quality . — No meat, fish, fruit, vegetables, eggs, milk, or other food or drink shall be sold, held, or offered for sale, under a false name or quality, nor shall any food or drink which is not wholesome, sound, and safe for human consumption, be represented as being wholesome, sound, or safe for human consumption. (S. C. Sec. 48.) § 141. Poisonous, deleterious, and unwholesome substances; use as food prohibited. — No person, being the owner, lessee, manager, or in charge of any place in which food or drink is produced, manu- factured, prepared, packed, stored, distributed, offered for sale, or sold shall, therein or thereat, offer or have, for food or drink, or to be eaten or drunk, any poisonous, deleterious, or unwholesome sub- stance, or allow anything to be done or to occur, therein or thereat, dangerous to life or prejudicial to health. (S. C. Sec. 47.) § 142. Food; to be protected from dust, dirt, flies, or other contamina- tion. — No food intended for human consumption shall be kept, sold, offered for sale, displayed, or transported, unless protected from dust, dirt, flies, and other contamination; nor shall any food in- tended for human consumption be deposited or allowed to remain within a distance 2 feet above the surface of any sidewalk, street, alley, or other public place, or the floor of any building where ex- exhibited, unless the same shall be contained in boxes or other re- ceptacles, so as to be protected from dogs and other animals and their excretions. (S. C. Sec. 46.) § 143. Eating and drinking utensils; use in common prohibited; the term public place’’ and ‘^factory” defined. — The use of common eating or drinking utensils in any public place, park, street or avenue, public institution, lodging-house, hotel, theatre, factory, school, public hall, railroad car, ferry boat, railway station, or ferry house, or the furnishing of any such common eating or drinking utensils for use in any such place is hereby prohibited. 396 CODE OF ORDINANCES OF THE CITY OF NEW YORK The term “public place’’ as used herein shall be construed to in- clude: (a) Any place where goods, wares, or merchandise are sold or offered for sale; (b) Any department, bureau, building, or office, of a municipal corporation. The term “factory” as used herein shall be construed to include any workshop or manufacturing or business establishment where persons are employed at labor. (S. C. Sec. 189.) § 144. Cooking^ eating^ and drinking utensils to be 'property cleansed after being used. — All utensils used in the preparation, service, and sale of any food or drink intended for human consumption shall be properly cleansed after being used, and no such utensil shall, under any circumstances, be used a second time unless it shall have been, after the previous use thereof, so cleansed. In such cleansing the use of water which has become insanitary by previous use is pro- hibited. (S. C. Sec. 49b.) § 145. Beverages and drinks; the use of taps, faucets, tanks, foun- tains, and vessels regulated. — In the manufacture, sale, or keeping for sale, of any beverage or drink, no person shall keep or use any tap, faucet, tank, fountain, or vessel, or any pipe or conduit, in con- nection therewith, which shall be composed or made, either wholly or in part, of lead, or other metal or metallic substances that are or will be affected by liquids so that dangerous, unwholesome, or dele- terious compounds are formed therein or thereby, or such that beer, soda water, syrups, or other liquids, or any beverage, drink, or flavor- ing material drawn therefrom shall be unwholesome, dangerous, or detrimental to health. (S. C. Sec. 51.) § 146. Em,ployment of persons affected with infectious or venereal disease prohibited. — No person who is affected with any infectious disease, or with any venereal disease in a communicable form shall work or be permitted to work in any place where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, manufactured, offered for sale, or sold. Whenever required by the Sanitary Superintendent or Director of the Bureau of Food Inspection, of the Department of Health, any person employed in any such place shall submit to a physical examination by a medical inspector of said Department. No person who refuses to submit to such examination shall work or be permitted to work in any such place. § 147. Room, factory, stall, place, and appurtenances to be kept in a cleanly and wholesome condition; food and drink to be clean and whole- some, and not poisoned, infected, or rendered unsafe; personal responsi- bility of owner, occupant, custodian, principal, agent, or person in charge. — Every person being the owner, lessee, occupant, or in charge of any room, stall, factory, premises, or place, where any food or drink intended for human consumption shall be manufactured, pre- pared, stored, kept, held, or offered for sale, shall put and keep such room, stall, factory, premises, and place, and its appurtenances, in a cleanly and wholesome condition, and every person having charge, or interested or engaged, whether as principal or agent, in the care of or in respect to the custody or sale of any food or drink intended for human consumption, shall put and preserve the same in a cleanly THE SANITARY CODE 397 and wholesome condition, and shall not allow the same, or any part thereof, to be poisoned, infected, or rendered unsafe or unwholesome for human food or drink. (S. C. Sec. 49.) § 148. Manufacture and storage of food and drink regulated. — No building, room, or place, where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, or manu- factured, shall be conducted, operated, maintained, or used other- wise than in accordance with the Regulations of the Board of Health. § 149. Preparation, service, and sale of food and drink in kitchens, serving-rooms, or dining-rooms regulated. — No kitchen, serving-room, or dining-room, of any hotel, boarding-house, restaurant, cafe, lunch- room, saloon, grill-room, buffet, or other public place where food or drink is cooked, prepared, served, dispensed, offered for sale, or sold, shall be conducted, operated, or maintained otherwise than in ac5- cordance with the Regulations of the Board of Health. § 150. The care and sale of food and drink in stores regulated. — No grocery store, butcher store, delicatessen store, confectionery store, bakery store, milk store, butter and egg store, fruit and vegetable store, fish store, or other place where food or drink is handled, stored, offered for sale, or sold, shall be conducted or maintained otherwise than in accordance with the Regulations of the Board of Health. § 151. Unwholesome, unclean, watered, or adulterated milk and cream, and butter or cheese made therefrom; possession and sale pro- hibited. — No person shall have at any place where milk, cream, but- ter, or cheese is kept for sale, or at any place sell, deliver, offer or have for sale, or keep for use, nor shall any person bring or send to the City of New York, any milk which is unwholesome, unclean, watered, or adulterated, or milk known as “swill milk,^^ or milk from cows or other animals that have been fed in whole or in part on swill, dis- tillery waste, or any substance in a state of putrefaction or in any way unwholesome, or milk from sick or diseased cows or other ani- mals, or any cream, butter, or cheese made from any such milk, or any unwholesome cream, butter, or cheese. (S. C. Sec. 52.) § 152. Adulterated milk and cream; distribution prohibited; term adulterated^^ defined. — No milk which is adulterated, reduced, or changed' in any respect by the, addition of water or other substance, or by the removal of cream, shall be brought into the City of New York, or held, kept, sold, or offered for sale, at any place in said city; nor shall any person or corporation keep, have, sell, or offer for sale in the said city any such milk. No cream which is adulterated shall be brought into the City of New York, or held, kept, sold, or offered for sale in said city, nor shall any person or corporation keep, have, sell, or offer for sale in said city any such cream. The term “ cream shall be taken to mean that portion of milk represented in milk fat which rises to the surface of milk on standing or is separated from it by centrifugal force. The term “adulterated^^ shall be taken to mean and include: First. Milk containing more than eighty-eight and one-half per centum of water or fluids. Second. Milk containing less than eleven and one-half per centum of milk solids. 398 CODE OF ORDINANCES OF THE CITY OF NEW YORK Third. Milk containing less than eight and one-half per centum of solids not fat. Fourth. Milk from which any part of the cream has been removed. Fifth. Milk containing less than three per centum of fats. Sixth. Cream which contains less than eighteen per centum of but- ter fat. Seventh. Milk, or cream from milk, which has been drawn from animals within fifteen days before or five days after parturition. Eighth. Milk, or cream from milk, which has been drawn from animals fed on distillery waste, or any substance in a state of putre- faction, or on any unwholesome food. Ninth. Milk, or cream from milk, which has been drawn from cows kept in a crowded or unhealthy condition. Tenth. Milk or cream which has been diluted with water or any other fluid, or to which has been added, or into which has been intro- duced, any foreign substance whatever. Eleventh. Milk or cream, the temperature of which is higher than 50 degrees Fahrenheit, or which contains an excessive number of bacteria. This requirement includes Grade C Milk’^ that has been pasteurized. Twelfth. Milk or cream which is produced in violation of the Regu- lations of the Board of Health. The provisions of this section shall not be applicable, however, to modified milk, held or offered for sale under permit therefor issued by the Board of Health. The provisions of this section shall, how- ever, apply to cream sold under any foreign name meaning cream, such as smeteiiy, crema, and rahm, and to all cream products ana preparations such as homogenized products and milk curds. The provisions concerning temperature and bacterial content shall not apply to sour cream. (S. C. Sec. 53.) Ordinances to prevent sale of adulterated milk are within power of the Depart- ment of Health. Polinsky v. People, 73 N. Y. 65. § 153. Adulterated milk and cream; seizure and destruction au- thorized. — Any milk or cream found to be adulterated, which has been brought into the City of New York or is held or offered for sale in said city may be seized and destroyed by any inspector or other officer of the Department of Health authorized to inspect the said milk or cream. (S. C. Sec. 54.) Mere possession of adulterated milk is not an offense, where the ordinance pro- vided no adulterated milk “shall be brought into, held, kept or offered for sale at any place in the city.” There the sale was the gravamen of the offence. People v. Timmerman, 79 App. Div. 565. § 154. Condensed y arid condensed shimnml, milk; possession and sale regulated; the term adulterated’^ defined. — No condensed milk made from milk produced and handled under conditions not conform- ing at least to the requirements of those designated for Grade C, or which is adulterated, shall be brought into the City of New York or held, kept, sold, or offered for sale, at any place in said city, nor shall any person or corporation have, keep, sell, or offer for sale in said city any such condensed milk. The term adulterated,^^ when used in this section, refers to condensed milk in which the amount of fat is less than twenty-five per centum of the milk solids contained therein, or to which any foreign substance whatever has been added. THE SANITARY CODE .'399 excepting sugars, as in preserved milks. The provisions of this sec- tion shall not he applicable, as regards the amount of fat, to con- densed skimmed milk held or offered for sale under a permit therefor issued by the Board of Health. (S. C. Sec. 55.) § 155. Milk^ cream ^ condensed, or concentrated milk, condensed skimmed milk, and modified milk; sale regulated; term modified milk^^ defined; exception. — No milk or cream, condensed or concen- trated milk, condensed skimmed milk, or modified milk, shall be held, kept, offered for sale, sold, or delivered in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regula- tions of said Board. By the term “modified milk^’ is meant milk of any subdivision of the classification known as “Grade A; for Infants and Children,’^ which has been changed by the addition of water, sugar of milk, or other substance intended to render the milk suitable for infant feeding. The provisions of this section shall not apply to milk or cream, sold in hotels and restaurants, nor to condensed milk or condensed skimmed milk, when contained in hermetically sealed cans. (S. C. Sec. 56.) Held valid in People ex rel. Lieberman v. Vandecarr, 81 App. Div. 128. Test of validity of the ordinance is its reasonableness, citing cases. Afif’d 175 N. Y. 440, 199 U. S. 552. May revoke licenses. Met. Milk and Cream Co. v. City of N. Y., 113 App. Div. 377, aff’d 186 N. Y. 533. Ordinance forbidding milk to be sold from vehicle in street without a license sustained. People ex rel. Larrabee v. Mulholland, 82 N. Y. 324. Members of Board of Health are administrative officers and not judicial and may revoke permit without notice and a hearing. People ex rel. Lodes v. Dept, of Health, 189 N. Y. 187. Power to prescribe conditions on which milk admitted to sale in N. Y. City, valid. Does not infringe on powers of other localities. Bellows v. Raynor, 207 N. Y. 389, affirming 145 App. Div. 899. § 156. Milk and cream; grades and designations. — All milk or cream held, kept, offered for sale, sold, or delivered in the City of New York shall be so held, kept, offered for sale, sold, or delivered in ac- cordance with the Regulations of the Board of Health and under any of the following grades or designations and not otherwise : “Grade A: For Infants and Children 1. Milk or cream (raw). 2. Milk or cream (pasteurized). ‘‘Grade B: For Adults 1. Milk or cream (pasteurized). “Grade C: For Cooking and Manufacturing Purposes Only”: 1. Milk or cream not conforming to the requirements of any of the subdivisions of Grade A or Grade B, and which has been pasteurized according to the Regula- tions of the Board of Health or boiled for at least two (2) minutes. 2. Condensed skimmed milk. 3. Condensed or concentrated milk. The provisions of this section shall apply to milk or cream used for the purpose of producing or used in preparation of sour milk, buttermilk, homogenized milk, milk curds, sour cream, Smeteny, 400 CODE OF ORDINANCES OP THE CITY OF NEW YORK Kumyss, Matzoon, Zoolak, and other similar products or prepara- tions, provided that any such product or preparation be held, kept, offered for sale, sold, or delivered in the City of New York. (S. C. Sec. 56a.) The pasteurization of milk required by order of Oct. 28, 1913, does not authorize a defendant committing a public nuisance in violation of § 1530, Penal Law. People V. Borden’s Condensed Milk Co., Special Sessions, Kings Co., N. Y. Law Journal, June 15, 1914. § 157. Milk and cream; must conform to grade standards— AW milk or cream held, kept, offered for sale, sold, or delivered in the City of New York shall conform in character to the standards and require- ments set forth in Section 156 of this Code as applicable to the par- ticular grade under which such milk or cream shall be held, kept, offered for sale, sold, or delivered. § 158. Buttermilk f sour milky sour creamy and other milk products; quality of product regulated. — Buttermilk, sour milk, sour cream, Kumyss, Matzoon, Zoolak, and similar products shall not be made from any milk or cream of a less grade than that designated for Grade B and shall be pasteurized before being put through a process of souring or fermentation. Sour cream shall not contain a less per- centage of fat than that designated for cream. (S. C. Sec. 57.) § 159. Bottles. canSy and other receptacles for holding milk and cream; use regulated arid restricted. — It shall be the duty of all persons hav- ing in their possession bottles, cans, or other receptacles containing milk or cream, which are used in the transportation or delivery of milk or cream, to clean or cause them to be cleaned immediately upon emptying. No person shall use or cause or allow to be used any receptacle which is used in the transportation and delivery of milk or cream for any purpose whatsoever other than the holding of milk or cream; nor shall any person receive or have in his possession any such re- ceptacle which has not been washed after holding milk or cream or which is unclean in any way. (S. C. Sec. 183.) Sustained, must be construed benevolently and not unreasonable because some judges do not entirely agree with it. People v. Frudenberg, 209 N. Y. 218. § 160. CalveSy pigSy lamhsy fishy hirdSy and fowl; sale regulated . — No calf, or the meat thereof, shall be brought into the City of New York or held, sold, or offered for sale for human food, which, when killed, was less than four weeks old, or when killed and dressed weighs less than forty-five (45) pounds. No pig, or the meat thereof, shall be brought into the City of New York or held, sold, or offered for sale for human food, which, when killed, was less than five weeks old. No lamb, or the iDeat thereof, shall be brought into the City of New York or held, sold, or offered for sale for human food, which, when killed, was less than eight weeks old. Nor shall any meagre, sickly, or unwholesome fish, birds, or fowl be brought into said city or held, sold, or offered for sale for human food therein. The term “dressed as used herein refers to calves from which the head, feet, and all the viscera except the liver, lungs, and heart have been removed, the hide, however, remaining on the carcass. (S. C. Sec. 43.) § 161. Cattle; not to he killed while in an overheated, or feverish con- dition. — No cattle shall be killed for human food while in an over- heated, or feverish condition. (S. C. Sec. 44.) THE SANITARY CODE 401 § 162. Meat and dead anirnals; sale regulated. — No meat or dead animal above the size of a rabbit shall be taken to any public or private market, nor shall any such meat or dead animal be stored or held, kept, offered for sale, or sold in any such place until the same shall have been fully cooled after killing, nor until the entrails and feet (except of poultry and game and except the feet of swine) shall have been removed. (S. C. Sec. 45.) § 163. Unhealthy j unsound ^ unwholesome^ and unsafe meatj vege- tables and milk; possession and sale prohibited; terms ^^meat” vege- tables and ^‘not sound’ ^ defined. — No meat, vegetables, or milk, not being then healthy, fresh, sound, wholesome, or safe for human food or the meat of any animal that died by disease or accident, shall be brought into the City of New York or held, kept, offered for sale, or sold as such food, or kept or stored, anywhere in said city. The term “meat,” as herein used, shall include fish, birds, eggs, and fowl; the term “vegetables” shall include any product, substance, or arti- cle used as and for human food other than milk or meat; the term “not sound” shall include any vegetable that is wormy. For the purpose of this section, any meat, vegetables, or milk in possession of, or held, kept, or offered for sale by, a dealer in food, shall, prima facie, be deemed to be held, kept, and offered for sale as human food. (S. C. Sec. 42.) § 164. Oysters; sale regulated. — No oysters shall be brought into, or held, kept, or offered for sale anywhere in, the City of New York, without a permit therefor issued by the Board of Health or other- wise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 185.) § 165. Artificial or natural mineral^ spring^ or other waters; manu- facture regulated. — It shall be the duty of every wholesale dealer, manufacturer, importer, or other person who manufactures or im- ports, or sells at wholesale in the City of New York, any artificial or natural mineral, spring, or other water, for drinking purposes, to file, under oath, with the Department of Health, the name of such water and the exact location from which it is obtained, the chemical analysis and the bacteriological examination thereof, and, when manufactured, the name of every substance or element entering into its composition. No person shall manufacture or bottle, any mineral, carbonated, or table water, in the City of New York, without a permit issued therefor by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. No permit will be required, however, where the City Water Supply is conducted through closed pipes and connected with a carbonated apparatus, from which it is dispensed direct to the consumer, with- out coming in contact with the air, and not handled in any way. (S. C. Sec. 59.) § 166. Public water supply; purity and wholesomeness protected . — No person shall throw or allow to run or pass into any public reser- voir, waterpipe, or aqueduct, or into or upon any border or margin thereof, any excavation or stream therewith connected, any animal, vegetable, or mineral substance whatever; nor shall any person (hav- ing the power or right to prevent the same) do or permit any act or thing that will impair or imperil the purity or wholesomeness of 26 402 CODE OF OUD1NANCE8 OF THE CITY OF NEW YORK any water or other fluid used or intended to be used as a drink, in any part of said city; nor shall any person bathe or (except in the dis- charge of a public duty) put any part of his person into such water, nor shall any unauthorized person open any erection or unscrew any hydrant holding such water. (S. C. Sec. 61.) § 167. Water; duties of persons m authority. — It shall be the duty of every person, official, department and board, having any au- thority and control in regard to any water intended for human con- sumption (and within the proper sphere of the duty of each thereof), to take all usual and also all reasonable measures and precautions to secure and preserve the puritv and wholesomeness of such water. (S. C. Sec. 62.) § 168. Water from wells; the use thereof regulated and restricted . — Water from wells in the Borough of Manhattan shall not be used, in the City of New York, for drink; nor shall water from wells in the Borough of Manhattan be used for any other purpose in any tene- ment, lodging-house, hotel, manufactory, or building, in which per- sons are living or employed, or in which there are offices, or a res- taurant or saloon, in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and the Regulations of the said Board. Water from wells in the other Boroughs of said city, other than the public water supply, shall not be used in any tenement or lodging- house, hotel, manufactory, or building, in which persons are living or employed, or in which there are offices, or a restaurant or saloon, without a permit therefor issued by the Board of Health or other- wise than in accordance with the terms of said permit and the Regu- lations of the said Board. (S. C. Sec. 63.) § 169. Drinking hydrants; water therefrom not to he rendered un- wholesome. — No person shall destroy or in anywise injure or impair any drinking hydrant, or part thereof, in the City of New York; nor shall any person interfere with the use or enjoyment of the water therein or therefrom, or interrupt the flow thereof; nor shall any person put any dirty, poisonous, medicinal, or noxious substance into or near said water or hydrant, whereby such water is made or may be regarded as, dangerous or unwholesome as a drink. (S. C. Sec. 64.) ARTICLE 10 GENERAL PROVISIONS Sec. 181. Misfeasance and nonfeasance. § 182. Contractors must comply with provisions of the Sanitary Code. § 183. Nuisances; conditions dangerous or prejudicial to life or health; duties of persons responsible.' § 184. Regulations and orders; to be observed and obeyed. § 185. Abatement of nuisances. § 186. Interfering with or obstructing an inspector. § 187. False, untruthful, or misleading statements. § 188. Affidavit of chemist; presumptive evidence of facts. § 189. Notices not to be mutilated or torn down. THE SANITARY CODE 4()3 S('c. 181. Misfeasance and nonfeasance. — No person shall, know- ingly, or carelessly or negligently, do or contribute to the doing of, any act dangerous to the life or detrimental to the health, of any human being, provided, however, that the foregoing provisions of this section shall not apply to a necessary act authorized by law ; nor shall any person omit to do any reasonable and proper act, or to take any reasonable or proper precaution, to protect human life and health. (S. C. Sec. 8.) § 182. Contractors must comply with provisions of the Sanitary Code. — Every contractor, to whom reference is made in the Sanitary Code, and every person who shall have contracted or undertaken, or shall be bound, to do, or shall be engaged in doing, any of the things to which any of the provisions of the Sanitary Code relate, shall comply with all provisions of the said Code applying to the work undertaken or to be undertaken, and he shall not be excused for non-compliance with any of the said provisions because of any direction given by an}^ other person. (S. C. Sec. 9.) § 183. Nuisances; conditions dangerous or prejudicial to life or health; duties of persons responsible. — It is hereby declared to be the duty of every owner, palt owner, lessee, tenant, and occupant, of, or person interested in, any place, water, ground, room, stall, apart- ment, building, erection, vessel, vehicle, matter, and thing, in the City of New York, and of every person conducting or interested in business therein or thereat, and of every person who has undertaken to clean any place, ground, or street, in the said City, and of every person, public officer, and department, having charge of any ground, place, building, or erection, in the said City, to keep, place, and pre- serve the same and the sewerage, drainage, and ventilation thereof in such condition, and to conduct the same in such manner, that it shall not be a nuisance or be dangerous or prejudicial to life or health. The term ^‘building’’ as used in this section, includes a railway car, booth, tent, shop or other erection or enclosure. (S. C. Sec. 10.) § 184. Regulations and orders; to he observed and obeyed. — No person shall violate, or refuse or neglect to comply with, any regu- lation or order of the Board of Health, made for carrying into effect the provisions of this Code, the powers of the said Board, or the laws of this State; and the violation of, or the refusal or neglect to comply with, any such regulation or order which relates to the provi- sions of any section of this Code shall be deemed a violation of such section. (S. C. Sec. 11.) But no penalty can be recovered for a disobedience of an order unless one is prescribed. Health Dept. v. Knoll, 70 N. Y. 530. § 185. Abatement of nuisances. — Whenever in any place or on any premises in the City of New York a nuisance shall have been found, or declared by resolution of the Board of Health to exist, and an order shall have been made directing the owner, lessee, tenant, or occupant of such place or premises to make suitable and necessary repairs or improvements, or to abate the said nuisance, such repairs or improvements shall be made, and such nuisance shall be fully abated, within the time specified in said order. (S. C. Sec. 14.) § 186. Interfering with or obstructing an inspector. — No person shall interfere with or obstruct any Inspector or other duly authorized representative of the Department of Health when making the in- 404 CODE OF ORDINANCES OF THE CITY OF NEW YORK spections or examinations required by the Board of Health, or when executing its orders. (S. C. Sec. 12.) § 187. FaUCy untruthful, or misleading statements. — No person shall make any false, untruthful, or misleading statement in any applica- tion for a permit from the Board of Health. (S. C. Sec. 15.) § 188. Affidavit of chemist; presumptive evidence of facts. — Every affidavit duly signed and acknowledged, of a chemist, analyst, or other expert, employed by the Board of Health of the Department of Health of the City of New York, relating to any analysis, ex- amination, or investigation, made by such chemist, analyst, or expert in respect to any matter, product, or thing, which the said Board has authority to examine or investigate, or may cause to be examined or investigated, shall be presumptive evidence of the facts therein set forth. (S. C. Sec. 69a.) § 189. Notices not to he mutilated or torn down. — No person shall interfere with or obstruct, mutilate, or tear down, any notice of the Department of Health posted in or on any premises in the City of New York. (S. C. Sec. 137.) ARTICLE 11 MIDWIFERY AND CARE OF CHILDREN Sec. 196. Practice of midwifery regulated. § 197. Board and care of children regulated. § 198. Day nurseries; conduct thereof regulated. § 199. Vaccination; duties of parents, guardians, and others. § 200. Physical care of school children. Sec. 196. Practice of midwifery regulated. — No person other than a duly licensed physician shall practice midwifery in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 184.) § 197. Board, and care of children regulated. — No person other than a superintendent of the poor, a superintendent of almshouses, or an institution duly incorporated for the purpose, shall receive, board, or keep, except under legal commitment, any nursing child, or any child under the age of twelve years who is not a relative, pupil, or ward, or an apprentice, of such person, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 191.) § 198. Day nurseries; conduct thereof regulated. — No day nursery shall be conducted in the City of New York without a permit there- for issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 25.) § 199. Vaccination; duties of parents, guardians, and others . — Every person, being the parent or guardian, or having the care, custody, or control, of any minor, or other individual, shall (to the extent of any means, power, and authority of said parent, guardian, or other person that could properly be used or exerted for such pur- pose) cause such minor or individual to be so promptly, frequently, THE SANITARY CODE 405 and effectively vaccinated that such minor or individual shall not take, or be liable to take the small-pox. (S. C. Sec. 147.) § 200. Physical care of school children . — A health certificate pre- pared in accordance with the Regulations of the Department of Health, and signed by a duly licensed physician authorized to prac- tice medicine in the State of New York shall be furnished by each pupil at the time of his or her admission to a public or other free school supported in whole or in part by funds obtained from direct taxation. If any such pupil shall not present a health certificate, as required herein, the principal or teacher in charge of the school shall cause a notice to be promptly sent to the parent, guardian, or other person having the care, custody, or control of such pupil to the effect that, if the required health certificate be not presented within ten days thereafter, a physical examination of such pupil will be made by a medical inspector of the Department of Health. Every principal or teacher, in charge of a public or other free school supported in whole or in part by funds obtained from direct taxation, shall report to the medical inspector of the Department of Health having jurisdiction over the health of the pupils in such school the names of all pupils who shall not have furnished such health certificate within ten days following the date of the sending of such notice. ARTICLE 12 MISCELLANEOUS PROVISIONS Sec. 211. Discharge of dense smoke prohibited. § 212. Nuisance caused by the discharge or escape of cinders, dust, gas, steam, or offensive or noisome odors pro- hibited. § 213. Spitting forbidden. § 214. Use of common towels prohibited. § 215. Noise from animals and birds prohibited. § 216. Smoking in subway prohibited. § 217. Establishment and maintenance of tents and camps regu- lated. § 218. Physicians required to register in the Department of Health. § 219. Nurses. § 220. Hospitals; permit required; exception. Sec. 211. Discharge of dense smoke prohibited . — No person shall cause, suffer or allow dense smoke to be discharged from any build- ing, vessel, stationary or locomotive engine or motor vehicle, place or premises within the City of New York or upon the waters adja- cent thereto, within the jurisdiction of said City. All persons par- ticipating in any violation of this provision, either as proprietors, owners, tenants, managers, superintendents, captains, engineers, firemen or motor vehicle operators or otherwise, shall be severally liable therefor. (S. C. Sec. 181.) This section should be construed with the one following. Liability incurred if smoke escaping was detrimental. N. Y. Health v. Ebling, 38 Misc. 537. 40() CODE OF ORDINANCES OP THE CITY OF NEW YORK § 212. Nuisance caused by the discharge or escape of cinders, dust, gas, steam, or offensive or noisome odors prohibited . — The owners, lessees, tenants, occupants and managers of every building, vessel or place in or upon which a locomotive or stationary engine, furnace or boilers are used shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place so that the same shall not accumulate, nor shall any person cause, suffer or allow cinders, dust, gas, steam, or offensive or noisome odors to escape or be discharged from any such building, vessel or place, to the detriment or annoy- ance of any person or persons not being therein or thereupon en- gaged. (S. C. Sec. 96.) See People v. Horton, 41 Misc. Rep. 309, and cases collected in 39 Lawyers' Rep. Ann. 551. Also Dept, of Health v. Ebling Brewing Co., 78 N. Y. Supp. 11; Dept, of Health v. Ebling Brewing Co., 38 Misc. Rep. 537. Smoke. — Reasonable regula- tion valid under police power. City of Rochester v. Macaulay, 199 N. Y. 207; Buffalo ordinance sustained. City of Buffalo v. Roy Mfg. Co., 124 N. Y. Supp. 913. § 213. Spitting forbidden . — Spitting upon the sidewalk of any public street, avenue, park, public square, or place in the City of New York, or upon the floor of any hall in any tenement house which is used in common by the tenants thereof, or upon the floor of any hall or office in any hotel or lodging house which is used in common by the guests thereof, or upon the floor of any theatre, store, factory, or of any building which is used in common by the public, or upon the floor of any ferryboat, railroad car, or other public conveyance, or upon the floor of any ferryhouse, depot, or station, or upon the station platform or stairs of any elevated railroad or other common carrier, or into the street from the cars, stairs, or platforms of such elevated railroads, is forbidden. The corporations or persons owning or having the management or control of any such building, store, factory, ferryboat, railroad car, or other public conveyance, ferryhouse, depot or station, or station platform or stairs of any elevated railroad or other common carrier, shall keep permanently and conspicuously posted in each of said places a sufficient number of notices forbidding spitting upon the floors and calling attention to the provisions of this section. It shall be the duty of every owner, lessee, or manager of every factory, workroom, store, office, or place of business, in which ten or more persons are employed, to provide proper receptables for ex- pectoration. Such receptacles are to be provided in the proportion of one for every two persons so employed, and they are to be cleansed and disinfected at least once in every twenty-four hours. A copy of the preceding paragraph shall be kept posted in a con- spicuous place in every such factory, workroom, store, office, or place of business. (S. C. Sec. 178.) § 214. Use of common towels prohibited . — No person, firm, or cor- poration having the management and control of any public lavatory, public washroom, or public comfort station shall maintain in or about such lavatory, washroom, or public comfort station, any towel or towels for use in common. The terms “public lavatory,” “public washroom,” and “public comfort stations” as used herein shall be construed to mean and include any such place when belonging to or provided in connection with a railroad station, ferryhouse, school, hotel, theatre, concert THE SANITAitV CODE 407 hall, dance hall, department store, cafe, restaurant, or a beer, wine, or liquor saloon. The term “for use in common’’ as employed herein shall be con- strued to mean, for the use of or intended to be used by, more than one person. The term “department store” as used herein shall be construed to mean and include any place where goods, wares, or merchandise are offered for sale, when persons entering such place are given and allowed access to a lavatory or washroom, or comfort station, main- tained on or in connection with the store premises. The term “corporation” as used herein shall be construed to mean and include a municipal corporation. (S. C. Sec. 190.) § 215. Noise from animals and birds 'prohibited. — No person own- ing, occupying, or having charge of any building or premises, shall keep or allow thereon or therein any animal or bird, which shall by noise disturb the quiet or repose of any person therein or in the vicin- itv, to the detriment of the life or health of such person. (S. C. Sec. 180.) § 216. Smoking in subway prohibited. — Smoking or carrying any lighted cigar, cigarette, or pipe, in or on any stairway, platform, station, or car, of any railway running underneath the ground sur- face, is hereby prohibited. (S. C. Sec. 187.) § 217. Establishment and maintenance of tents and camps regu- lated. — No tent shall be raised or erected or any camp established, in the City of New York, to be used or occupied by any persons as a place for living or sleeping, nor shall any such tent or camp be so used or occupied without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 186.) § 218. Physicians required to register in the Department of Health . — Every physician practicing in the City of New York shall register his or her name and address, and every change of address, in the office of the Bureau of Records of the Department of Health. (S. C. Sec. 160.) § 219. Nurses. — No person other than one who shall have received from the regents of the University of the State of New York a cer- tificate of his or her qualifications to practice as a registered nurse shall assume the title. Registered Nurse, or use the abbreviation, R. N., or any other letters, or words or figures, to indicate that such person is a registered nurse. § 220. Hospitals; permit required; exception. — No person, persons, or corporation, other than those specifically authorized by law, shall conduct or maintain any public or private hospital or institution wherein human beings may be treated or cared for by a physician or midwife, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 184.) ARTICLE 13 OFFENSIVE MATERIALS Sec. 231. Offensive water or other liquid or substance; not permitted on premises or grounds. 408 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 232. Offensive matter or substances; accumulations thereof not to be disturbed in certain periods of year; permit re- quired. § 233. Stinking, noxious liquids; not to fall into or upon any public place. § 234. Blood, butcher’s offal or garbage, dead animals, and putrid or stinking animal or vegetable matter; disposal restricted. § 235. Contents of vaults, privies, cisterns, cesspools, and sinks; creation of nuisances prohibited. § 236. Disinfection and removal of contents of sinks, privies, vaults, and all other noxious substances. § 237. Vaults, sinks, privies, and cesspools; use thereof limited. § 238. Transportation of garbage on boats and scows to Barren Island regulated. § 239. Transportation of offal and butcher’s refuse regulated. § 240. Transportation of manure, swill, ashes, garbage, and offal regulated. § 241. Collection and transportation of bones, refuse, and offen- sive materials regulated. § 242. Accumulations of manure, offal, garbage, and other of- fensive and nauseous substances; retention and disposal regulated. § 243. Removal of dead or diseased animals and filthy, offensive, and noxious substances regulated. § 244. Carts, vehicles, and implements to be kept in an inoffen- sive and sanitary condition ; use of same regulated. § 245. Ships, boats, and other vessels; not allowed at dock or pier unless permitted. § 246. The use of docks, piers, and bulkheads regulated. § 247. Refuse from oyster-houses, oyster-saloons, and other premises; method of disposal of refuse regulated; nui- sances prohibited. § 248. Ashes, garbage, and liquid substances; separate recep- tacles to be provided; duties of owners, lessees, and agents; removal; special provisions applicable to Borough of Richmond. § 249. Receptacles for ashes, garbage, and liquid substances not to be interfered with or contents disturbed. § 250. Ashes, garbage, and rubbish; method of removal regu- lated. §251. Vacant lots; accumulation of water thereon prohibited; fence to be provided, if sunken; throwing and depositing offensive material into such lots prohibited. § 252. Filling in land; offensive and unwholesome materials not to be used; the use of street sweepings for filling in pur- poses forbidden. § 253. Lime, ashes, coal, dry sand, hair, feathers, like substances, and other materials not to be sieved, agitated, or exposed. Sec. 231. Offensive water or other liquid or substance; not permitted on premises or grounds. — No person or corporation shall permit or have any offensive water or other liquid or substance on his, her, or THE SANITARY CODE 409 its, premises or grounds to the prejudice of life or health, whether for use in any trade or otherwise. (S. C. Sec. 88.) § 232. Offensive matter or substances; accumulations thereof not to be disturbed in certain periods of year; permit required. — No ground or material filled with or containing offensive matter or substance, or that will emit or allow to arise through or from the same any offensive smell or deleterious exhalation, shall (adjacent to or within the built-up portion of the City of New York) be opened or turned up, nor shall the surface thereof be removed, between the first day of May and the first day of October of any year, without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 99.) § 233. Stinking, noxious liquids; not to fall into or upon any public place. — No swill, brine, urine of animals, or other offensive animal matter, or any stinking or noxious liquid, or other filthy matter of any kind, shall by any person be allowed to run or fall into or upon any street or public place, or be taken or put therein. (S. C. Sec. 102 .) § 234. Blood, butcher^ s offal or garbage, dead animals, and putrid or stinking animal or vegetable matter; disposal restricted. — No blood, butcher’s offal or garbage, or any dead animal, or any putrid or stinking animal or vegetable matter, shall be thrown by any person or allowed to go into any street, place, sewer, or receiving basin, any river or standing or running water or excavation, or any ground or premises in the built-up portions of the City. (S. C. Sec. 103.) § 235. Contents of vaults, privies, cisterns, cesspools, and sinks; creation of nuisances prohibited. — No person shall deposit, or allow to run or go into or remain in any street or other public place in the City of New York, or deposit, or allow to run or go (except through the proper underground sewers) into any river or other body of water within the territorial limits of the said City, the contents (or any part thereof) of any vault, priv>% cistern, cesspool, or sink; nor shall any owner, tenant, or occupant, of any building to which any vault, sink, privy, or cesspool shall pertain or be attached, permit the contents, or any part thereof, to flow therefrom or to rise within two feet of any part of the top thereof, or said contents to become offensive; nor shall any vault, privy, cistern, cesspool, or sink be filled or covered with dirt until it shall have been emptied of its filthy contents. (S. C. Sec. 104.) § 236. Disinfection and removal of contents of sinks, privies, vaults, and all other noxious substances. — All putrid or offensive matter, all night soil, the contents of all sinks, privies, vaults, and cesspools, and all noxious substances, shall, before their removal or exposure, be disinfected and rendered inoffensive by the owner, lessee, or oc- cupant of the premises where the same may be, or by the person or contractor who removes or is about to remove the same; and no part of the contents of any vault, privy, sink, or cesspool shall be removed without a permit therefor issued by the Board of Health or other- wise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 122.) § 237. Vaults, sinks, privies, and cesspools; use thereof limited. — No person shall throw or deposit into any vault, sink, privy, or cesspool. 410 CODE OF ORDINANCES OF THE CITY OF NEW YORK any offal, ashes, meat, fish, garbage, or other substance except that of which any such place is the appropriate receptacle. (S. C. ^c. 105.) § 238. Transportation of garbage on boats and scows to Barren Island regulated. — No boat, scow, or other receptacle, used in transporting garbage to Barren Island or the place of disposal shall be permitted to remain moored or be at any dock, wharf, or place, within the limits of the City of New York, for a longer period than twenty-four hours from the time when garbage is first delivered or placed thereon. Garbage shall be received on and transported in such boat^ scow, or other receptacle in a manner approved by the Board of Health and not otherwise. (S. C. Sec. 123.) § 239. Transportation of offal and butcher^ s refuse regulated. — No offal or butcher^s refuse or garbage shall be conveyed through any street or avenue or over any ferry in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. No offal or butcher’s refuse shall be brought into the City of New York. (S. C. Sec. 87.) § 240. Transportation of manure, swill, ashes, garbage, and offal regulated. — No person shall engage in the business of transporting manure, swill, ashes, garbage, offal, or any offensive or noxious sub- stance, or drive any cart for such purpose, in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regu- lations of said Board. (S. C. Sec. 119.) § 241. Collection and transportation of bones, refuse, and offensive materials regulated. — No person shall gather, collect, accumulate, store, expose, carry, or transport in any manner through any street or public place, or into any building or cellar, in the City of New York, any bones, refuse, or offensive material without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 101.) § 242. Accumulations of manure, offal, garbage, and other offensive and nauseous substances; retention and disposal regulated. — No pile, deposit, or accumulation of manure, offal, dirt, or garbage, or any offensive or nauseous substance, shall be made within the built-up portions of the City of New York, or on or upon the piers, docks, or bulkheads adjacent thereto, or on or upon any vessel, boat, or scow, lying at such pier, wharf, or bulkhead; nor shall such pile, deposit, or accumulation be made anywhere in said City within three hundred feet of any church or place of worship, or inhabited dwelling, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regula- tions of said Board; and no person shall contribute to the making of any such pile, deposit, or accumulation without such a permit or otherwise than in accordance with the terms of such permit and the Regulations of said Board; nor shall any car loaded with or having in or on it any such substance or substances be allowed to remain or stand on any railroad track, street, or highway, within three hun- dred feet of any inhabited dwelling, or elsewhere in said City, nor THE SANITARY CODE 411 shall any vessel, boat, scow, or float, loaded with any such substance or substances be allowed to remain at any pier, dock, or bulkhead in said City, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board; and no manure, garbage, or other material that is liable to emit an offensive exhalation shall, in or adjacent to the built-up portions of the City of New York, be turned or stirred, except in its removal, in such a way as to increase such exhalations by reason thereof; nor shall any straw, hay, or other substance, which has been used as bedding for animals, be placed or dried upon any street or sidewalk, or roof of any building; nor shall any such straw, hay, or other substance, or the contents of any mattress or bed, be deposited or burnt without a permit there- for issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 111.) § 243. Removal of dead or diseased animals and filthy ^ offensive, and noxious substances regulated. — It shall be the duty of every person (his agents and employees) who has contracted or under- taken to remove any diseased or dead animal, offal, rubbish, garbage, dirt, street-sweepings, night soil, or other filthy, offensive, or nox- ious substance, or is engaged in any such removal, or in loading or unloading any such substance, to do the same with dispatch, and, in every particular, in as cleanly and inoffensive a manner, and with as little danger and prejudice to life and health, as possible, and no matter or material shall lie piled up, or partially raked together, in any street or place, before the removal thereof, more than a reason- able time, or for more than four hours, under any circumstances, in the daytime. (S. C. Sec. 114.) § 244. Carts, vehicles, and implements to he kept in an inoffensive and sanitary condition; use of same regulated. — No cart or other vehi- cle used for carrying or containing, any manure, swill, garbage, offal, or rubbish, or other nauseous or offensive substance, or the contents of any privy, vault, cesspool, or sink, shall, without neces- sity therefor, be allowed to stand or remain before or near any build- ing, place of business, or other premises, where any person may be; nor shall the loading or unloading of any such cart or vehicle or the conveying thereof through any street, place, or premises consume an unreasonable period of time. Such carts, vehicles, and all im- plements used in connection therewith must be kept in an inoffen- sive and sanitary condition, and, when not in use, shall be stored and kept in some place where no needless offense shall be given to any of the people of the City of New York. (S. C. Sec. 120.) § 245. Ships, boats, and other vessels; not allowed at dock or pier unless permitted. — No ship, boat, or other vessel shall be taken or allowed by any person to come into, or lay at or within, any dock, pier, bulkhead, or slip, for the purpose of the shipment or removal of any offal, garbage, rubbish, blood, or offensive animal or vegetable matter, dirt, or dead animals, or for the use of any contractor for the removal of any of the foregoing substances, without a permit therefor issued by the Board of Health or otherwise than in accord- ance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 115.) 412 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 246. The use of docks, piers, and bulkheads regulated, — No person shall obstruct, delay, or interfere with the proper and ready use, for the purposes for which they may be and should be set apart and devoted, of any dock, pier, or bulkhead by any contractor or person engaged in removing any offal, garbage, rubbish, dirt, dead animal, night soil, or other like substances, or with the proper performance of such contracts. (S. C. Sec. 113.) § 247. Refuse from oyster-houses, oyster-saloons, and other premises; method of disposal of refuse regulated; nuisances prohibited, — Every proprietor, lessee, tenant, and occupant of any oyster-house, oyster- saloon, or other premises where any oysters, clams, lobsters, or shell or other fish are consumed, used, or sold, or where any of the refuse matter, offal, or shells thereof accumulate shall daily cause all such shells, offal, and refuse matter to be removed therefrom to some proper place, and shall keep such house, saloon, or premises at all times free from any offensive smells or accumulations. (S. C. Sec. 112 .) § 248. Ashes, garbage, and liquid substances; separate receptacles to be provided; duties of owners, lessees, and agents; removal; special provi- sions applicable to Borough of Richmond, — It shall be the duty of every owner, tenant, lessee, occupant, or person in charge of any and every building in the built-up and generally built-up parts of the City of New York, from which the City of New York removes ashes, garbage, rubbish, or refuse, to provide or cause to be provided, forthwith, and at all times thereafter to keep and provide or cause to be kept and provided, within and for the exclusive use of such building, or the part thereof to which reference is hereinafter made, separate receptacles, made of metal, for holding, respectively, with- out leakage, all ashes, garbage, and liquid waste substances, that may accumulate, during sixty consecutive hours, in or through the use of such building, or the part thereof of which such person may be the owner, tenant, lessee, occupant, or in charge. And it shall be the duty of ever}" owner, tenant, lessee, occupant, or person in charge of any such building to cause to be separated and put into their respective receptacles all such materials and sub- stances; but no such receptacle shall be filled to a greater height than a line within such receptacle four inches from the top thereof, nor shall any such receptacle, when so filled, contain more than two cubic feet of material, nor weigh more than one hundred pounds; and every such receptacle shall be kept, at all times, in a condition satisfactory to the Street Cleaning Department or the Department of Health. And all such receptacles shall be kept within the building, or in the rear premises therewith connected, until the time for the removal of such ashes, garbage, or liquid waste substances, when such re- ceptacles shall be placed in the area, or within the fence or other enclosure, in front of such building, or, if there be no area, or fence or other enclosure, such receptacles shall be placed on the sidewalk close to such building; all such receptacles shall remain so placed until the contents thereof shall have been removed by the Street Cleaning Department, immediately after which, such receptacles shall be returned to such building, or to the rear premises therewith connected; and every receptacle containing garbage or liquid waste THE SANITARY CODE 413 substance, when outside of such building shall be kept, at all times, covered with a tight fitting cover. And newspapers, wrapping-paper, and all other light refuse and rubbish likely to be blown or scattered about the streets, shall be securely bundled, tied, or packed, before being placed for removal; and such newspapers, wrapping-paper, and other light refuse and rubbish, as well as all other refuse and rubbish, shall be kept within the building, or in the rear premises therewith connected, until the time for the removal thereof, when they shall be placed as the re- ceptacles hereinbefore mentioned are required, by the provisions of this section, to be placed. No such receptacle and no such refuse or rubbish shall, however, be so placed as to constitute or contribute to the creation of a nui- sance; and no yard sweepings, hedge cuttings, grass, leaves, earth, stone, bricks, or business waste shall be mixed with household waste. Accumulations of household ashes, garbage, refuse or rubbish re- sulting from the failure to take advantage of the regular collection service shall be removed at the expense of the person or persons con- cerned. It shall, however, be the duty of every owner, tenant, lessee, occu- pant, or person in charge of every building in the built-up and gen- erally built-up parts of the City of New York not included within the foregoing provisions of this section to observe the requirements of the said provisions, except that such owner, tenant, lessee, occu- pant, or person shall cause all ashes, garbage, liquid waste, rubbish, and refuse to be daily removed therefrom. The foregoing provisions shall apply to the built-up and generally built-up parts of the City of New York except as follows: In the Borough of Richmond, ashes from house furnaces shall be kept apart from the remainder of the household waste and be kept in a receptacle, or in receptacles, made of metal, which shall be used only for holding such ashes; and the remainder of the household waste, including garbage, kitchen ashes, sweepings, soiled paper, refuse, and rubbish, shall be placed in another metal receptacle, or in other metal receptacles, which, when outside of a building, shall be kept covered with a tight fitting cover. (S. C. Sec. 108.) § 249. Receptacles for ashes, garbage, and liquid substances not to be interfered with or contents disturbed. — No person, not for that pur- pose authorized, shall interfere with the receptacles for ashes, gar- bage, or liquid substances, as provided in accordance with Section 248 of the Sanitary Code, or with the contents thereof; nor shall any person in any way handle or disturb such contents. (S. C. Sec. 109.) § 250. Ashes, garbage, and rubbish; method of removal regulated . — All occupants so preferring may deliver their ashes, garbage, refuse, and rubbish directly to the proper carts, to be taken away at any hour of the day when said carts may be present, and said carts may take such articles and substances at any such hour; provided that such garbage, refuse, or rubbish be not highly filthy or offensive. In the latter case, the same shall not be so delivered or received dur- ing the period beginning at seven oVlock a. m., of any day and end- ing at ten o’clock of the evening of the same day. (S. C. Sec. 110.) § 251. Vacant lots; accumulation of water thereon prohibited; fence to be provided, if sunken; throwing and depositing offensive material 414 CODE OP ORDINANCES OF THE CITY OF NEW YORK into such lots prohibited. — It shall be the duty of every owner, lessee, contractor, or other person having the management or control of any lot or parcel of land in the City of New York, to keep and pre- serve the same, at all times, clean and inoffensive, and to prevent the gathering or collecting of water thereon; and to provide and main- tain around or in front of any lot which is sunken, excavated, or below the grade of the sidewalk adjacent thereto, a proper fence to protect persons from falling into such lot. No person shall throw or deposit into or upon any lot any garbage, refuse, or other offensive material. (S. C. Sec. 116.) A somewhat similar ordinance, sustained. City of Rochester v. Simpson, 134 N. Y. 414. § 252. Filling in land; offensive and unwholesome materials not to be used; the use of street sweepings for filling-in purposes forbidden . — No person shall fill in any land under or above water within the limits of the City of New York, or any of the islands situated within such limits, with garbage, dead animals or any part thereof, decay- ing matter, or any offensive and unwholesome material, or with dirt, ashes, or other refuse, when mixed with such garbage, dead animals or parts thereof, decaying matter, or offensive and unwhole- some material. No street sweepings shall be deposited or used to fill up or raise the surface or level of any lot, grounds, dock, wharf, or pier in or adjacent to the built-up portions of the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 98.) § 253. Lime, ashes, coal, dry sand, hair, feathers, and like substances, and other materials not to be sieved, agitated, or exposed. — No lime, ashes, coal, dry sand, hair, feathers, or other substance that is in a similar manner liable to be blown by the wind, shall be sieved, agitated, or exposed, nor shall any mat, carpet, or cloth be shaken or beaten, nor shall any cloth, yarn, garment, material, or substance be scoured, cleaned, or hung, nor shall any rags, damaged merchan- dise, barrels, boxes, or broken bales of merchandise or goods, be placed, kept, or exposed in any place where they or particles there- from will pass into any street or public place, or into any occupied premises; nor shall any usual or any reasonable precautions be omitted by any person to prevent fragments or other substances from falling, to the detriment or peril of life or health, or dust or light material flying into any street, place, or building, from any building or erection, while the same is being altered, repaired, or demolished, or otherwise. (S. C. Sec. 118.) ARTICLE 14 PLUMBING, DRAINAGE AND SEWERAGE Sec. 271. Drainage; duties of owners, lessees, tenants, and occupants of buildings and premises. § 272. Drainage of marsh land. § 273. Sewers; to be adequately flushed; duties of boards, de- partments, officers and persons. THE SANITARY CODE 415 § 274. Sewage, drainage, factory refuse, and foul offensive liquid or other material; disposal thereof regulated and re- stricted. § 275. Change in drainage, sewerage, and sewer connection affect- ing other premises regulatea. § 276. Drains, soil-pipes, passages, or connections between sewers and buildings; to be adequate. § 277. Plumbing; to be kept in good order and repair. § 278. Plumbing fixtures; to be separately trapped. § 279. Drain, soil, and waste pipes; joints and connections. § 280. Drain pipes from refrigerators; to discharge into open sink; discharge from overflow pipe regulated. § 281. Waste, soil, and vent pipes; to be constructed and located so as not to contribute to the creation of a nuisance. § 282. Ventilation of sewers and plumbing. § 283. Rain water leaders and gutters; use restricted; to be sound, tight, and adequate. § 284. Privies and water-closets; maintenance. § 285. Temporary privies; to be provided during construction work. § 286. Privies to be screened to prevent access of flies. § 287. Privy vaults and cesspools; construction. Sec. 271. Drainage; duties of owners, lessees, tenants, and occupants of buildings and premises. — No person being owner, lessee, tenant, or occupant of any building or premises, shall allow any water or other liquid to run from or out of such building or premises upon or across any sidewalk or curb-stone, and, no such substance shall be allowed to pass into any street except by means of a passage con- structed under or through, which passage must be kept at all times adequate and in repair; and no water or other liquid, or ice there- from, shall be allowed to gather or remain on the upper surface of such curb, flag-stone, or passage; nor shall any such person allow any accumulation of such water or liquid, or the ice therefrom, upon any street or place, but shall at all times cause the same to be removed or to pass along the gutter or some proper passage to one of the rivers or into a sewer. (S. C. Sec. 40.) § 272. Drainage of marsh land. — It shall be the duty of every owner, lessee, agent, contractor, or other person having the manage- ment or control of any salt marsh land, inland swamp, sunken lot, abandoned excavation, or any other place wherein or whereon either salt or fresh water becomes stagnant and in which said stagnant water mosquitoes are bred and developed, to fill in or drain the same, or employ such other methods as will prevent at all times the breed- ing of mosquitoes in or on such places. § 273. Sewers; to he adequately flushed; duties of hoards, departments, officers, and persons. — It shall be the duty of all boards, departments, oflftcers, and persons having power and authority so to do or re- quired (and to the extent thereof) to cause sufficient water to be used, and other adequate means to be taken, so that whatever sub- stances may enter any sewer shall pass speedily along and from the same and sufficiently far into some water or proper reservoir, in order that no accumulations shall take place therein, and no ex- 416 CODE OF ORDINANCES OF THE CITY OF NEW YORK halations proceed therefrom, dangerous or prejudicial to life or health. (S. C. Sec. 28.) § 274. Sewage, drainage, factory refuse, and foul or offensive liquid or other material; disposal thereof regulated and restricted. — No person, persons, company, or corporation shall cause, permit, or allow any sewage, drainage, factory refuse, or any foul or offensive liquid or other material to flow, leak, escape, or be emptied or discharged, into the waters of any river, stream, canal, harbor, bay, or estuary, or into the sea, within the limits of the City of New York, excepting under low-water mark, and in such manner and under such condi- tions that no nuisance can or shall be caused thereby or as a result thereof. (S. C. Sec. 28.) § 275. Change of drainage, sewerage, and sewer connection affecting other premises regulated. — No change shall be made in the drainage, sewerage, or the sewer connection of any house or premises, involv- ing changes in the drainage, sewerage, or sewer connecting of any other house or premises, unless at least 30 days^ notice thereof in writing shall have been previously given to this Department, and to the owner or occupant of the premises affected by such change, (S. C. Sec. 27.) § 276. Drains, soil-pipes, passages, or connections between sewers and buildings; to be adequate. — Every person using, making, or having any drain, soil-pipe, passage, or connection between any sewer (or any river or other body of water) and any ground, building, erec- tion, or place of business, every owner or tenant of any such ground, building, or erection or place of business, and every person, board, department, or officer occupying or interested in, any such ground, building, erection, or place of business, shall, to the extent of the right and authority of each, cause and require such drain, soil-pipe, passage, or connection to be at all times adequate for the purpose of conveying and allowing, freely and entirely, to pass whatever enters or should enter the same. (S. C. Sec. 27.) § 277. Plumbing; to be kept in good order and repair. — ^All house drains, house sewers, waste and soil pipes, traps, and water and gas pipes, in any building or premises shall at all times be kept in good order and repair so that no gases or odors shall escape therefrom and so that the same shall not leak; and all vent pipes shall be kept in good order and repair and free from obstructions. (S. C. Sec. 32.) § 278. Plumbing fixtures; to be separately trapped. — Every water- closet, urinal, sink, basin, wash-tray, and bath, and every tub or set of tubs and hydrant waste pipe, must be separately and effectively trapped, except where a sink and wash tubs immediately adjoin each other, in which case the waste pipe from the tubs may be con- nected with the inlet side of the sink trap. Traps must be placed as near the fixtures as practicable, and in no case shall a trap be more than two feet from the fixture. In no case shall the waste from a bath tub or other fixture be connected with a water-closet trap, nor shall any trap vent pipe be used as a waste or soil pipe. (S. C. Sec. 33.) § 279. Drain, soil, and waste pipes; joints and connections. — All joints in cast iron drain, soil, and waste pipes must be filled with oakum and lead and be hand caulked so as to make them gas-tight. All connections of lead with iron pipes must be made with a brass THE SANITARY CODE 417 sleeve or ferrule of the same size as the lead pipe, put into the hub of the branch of the iron pipe, and caulked with lead; and the lead pipe must be attached to the sleeve or ferrule by a wiped or overcast joint. All connections of lead waste and vent pipes shall be made by means of wiped joints, and all connections of galvanized wrought iron pipe shall be made with screw joints. (S. C. Sec. 31.) § 280. Drain pipes from refrigerators; to discharge into open sink; discharge from overflow pipe regulated. — No drain pipe from a refrig- erator shall be connected with the soil or waste pipe, but it shall discharge into a properly trapped, sewer-connected, water-supplied, open sink. No overflow pipe from a tank shall discharge into any soil or waste pipe, or water-closet trap, or into the drain or sewer, but it may discharge upon the roof or into an open water-supplied tank. (S. C. Sec. 34.) § 281. Waste y soil, and vent pipes; to he constructed and located so as not to contribute to the creation of a nuisance. — All waste, soil, and vent pipes in any building in the City of New York shall extend above the roof thereof to a height of at least two feet, and that portion of the pipe extending above the roof shall be of an increased diameter. All such pipes shall be so constructed and located that they shall not contribute to the creation of a nuisance. (S. C. Sec. 36.) § 282. Ventilation of sewers and plumbing. — No brick, sheet metal, or earthenware, material or chimney flue shall be used as a sewer ventilator, or to ventilate any trap, drain, soil, or waste pipe. (S. C. Sec. 29.) § 283. Rail water leaders and gutters; use restricted; to be sounds tight j and adequate. — Rain water leaders and gutters shall be sound, tight, and adequate for their purpose and such leaders shall not be used as soil, waste, or vent pipes, or be connected therewith; nor shall any soil, waste, or vent pipe be used as a leader. When within the house, the leader must be of cast iron, wrought iron, or steel, with leaded joints and properly connected with the house drain; when outside of the house and connected with the house drain, it must be trapped beneath the ground or just inside of the wall, the trap being arranged in either case so as to prevent freezing. In every case where a sewer or cesspool connected leader opens near a window or a light-shaft, it must be properly trapped at its base. The joint between a cast iron leader and the roof must be made gas and water tight by means of a brass ferrule and a lead or copper pipe properly connected. (S. C. Sec. 35.) § 284. Privies and water-closets; maintenance. — Every owner, lessee, keeper, or manager of any boarding-house, lodging-house, dwelling-house, and any factory, workroom, store, office, or place of business, in which persons are employed, shall provide, or cause to be provided, for the use of the tenants, boarders, lodgers, dwellers or employees therein adequate privies or water-closets, and the same shall be properly lighted and ventilated, and shall at all times be kept in such cleanly and sanitary condition, as not to be offensive or dangerous or detrimental to life or health. And no offensive smell or gases, from any outlet or sewer, or from any such privy or water- closet, shall be allowed to pass into any other part of said house, building, or premises, or into any other house, building, or premises. (S. C. Sec. 20.) 27 418 CODE OF ORDINANCES OP THE CITY OF NEW YORK § 285. Temporary privies; to be provided during construction work . — Contractors or builders shall provide or cause to be provided tem- porary privies for the use of the men employed during construction work, at some convenient place upon the premises, or which shall be readily accessible, and the same shall be properly screened to prevent the entrance of flies thereto. The contents of such privies shall be disinfected and removed, and shall not be allowed to accumu- late thereat. Contractors, builders, or other persons having the management and control of construction work shall prevent the commission of any nuisance by workers, employees, or other persons connected therewith, in and about such work or premises, and re- quire workers and employees to use the privies so provided. (S. C. Sec. 37a.) § 286. Privies to be screened to prevent access of flies. — It shall be the duty of each owner, lessee, or occupant of any premises on which a privy is located or used to cause the same to be properly screened so that flies shall not have access thereto or to the contents thereof. (S. C. Sec. 37a.) § 287. Privy vaults and cesspools; construction. — No privy vault or cesspool shall be allowed to remain on any premises, or built, in the City of New York unless when unavoidable. The sides and bottom of every privy vault, cesspool, or school sink,’^ in the City of New York, must be impermeable and secure against any satura- tion of the walls or the ground above the same, unless otherwise allowed by a permit in writing issued therefor by the Board of Health and must then be used in accordance with the terms of said permit and the Regulations of said Board. No water-closet or privy vault shall be constructed without adequate provision for the effectual and proper ventilation and cleansing thereof. (S. C. Sec. 37.) ARTICLE 15 PASSENGER CARS Sec. 301. Railroad cars and omnibuses; to be cleaned daily. § 302. Railroad cars and omnibuses; carrying or conveying soiled or dirty clothing restricted. § 303. Railroad cars and omnibuses; to be adequately and suffi- ciently ventilated. § 304. Regulating the heating of railroad cars. Sec. 301. Railroad cars and omnibuses; to be cleaned daily. — Every car or omnibus used in the City of New York for the carrying of passengers shall, on each and every day on which it shall be used, be carefully and thoroughly cleaned, so that all refuse, dirt, and filth are removed from the inside of said car or omnibus. (S. C. Sec. 173.) § 302. Railroad cars and omnibuses; carrying or conveying soiled or dirty clothing restricted. — No person shall at any time carry or convey upon or in any passenger car or omnibus, nor shall any con- ductor or person in charge of any such car or omnibus permit or allow to be carried or conveyed upon or in such car or omnibus, ex- cept upon or on the front platform thereof, any soiled or dirty articles of clothing or bedding. (S. C. Sec. 174.) THE SANITARY CODE 419 § 303. Railroad cars and omnibuses; to he adequately and sufficiently ventilated. — Every car or omnibus used in the City of New York for the carrying of passengers shall be constructed so as to provide and secure, at all times, good, adequate, and sufficient ventilation, and such good, adequate, and sufficient ventilation shall be maintained at all times. (S. C. Sec. 175.) § 304. Regulating the heating of railroad cars. — Each street, surface, or other railroad company operating or running cars on the surface of any street, avenue, or thoroughfare in the City of New York shall, between the first day of October of each year and the first day of April of each following year, properly heat and keep heated every car in use on its line or lines whenever the temperature upon the street shall fall below forty degrees Fahrenheit. ARTICLE 16 STREET CONDITIONS Sec. 311. Method of cleaning street regulated. § 312. Street obstruction prohibited. § 313. Dirt and other materials not to obstruct street. § 314. Cattle, swine, and sheep; permit to drive required. § 315. Leading cattle through street regulated. § 316. Cattle, sheep, swine, and calves; not to be driven without permit; exception. Sec. 311. Method of cleaning streets regulated. — Every person, when cleaning any street, shall clean, and every contractor shall cause to be cleaned, the gutters and parts of the street along which the water will run, before using any water to wash the same; and no substance that could be before scraped away shall be washed or allowed to be carried or be put into the sewer, or into any receptacle therewith connected. (S. C. Sec. 39.) § 312. Street obstructions 'prohibited. — No person having the right and ability to prevent, shall take or drive or allow to go or be taken, any horse or other animal, or any vehicle, upon any sidewalk or footpath in front of any building, to the peril of any person-; nor shall any person block or obstruct, or contribute to the blocking or ob- structing of, any street or other public place. (S. C. Sec. 78.) § 313. Dirt and other materials not to obstruct street. — No person shall deposit upon any street or public place within the generally built-up portion of the City of New York, or upon any paved street in the said City, any dirt, brick, or other material, in such manner as to occupy more than one hundred square feet of surface of any such street or public place (and the same shall be compact and at one side); nor shall any person allow the same to remain in said street or public place more than twelve hours without a permit there- for issued by the Board of Health, or unless such occupancy shall be otherwise duly authorized by paramount authority. Nor shall any such substance be so deposited or allowed to remain by any person, as to obstruct the free flowage along any gutter. (S. C. Sec. 117.) 420 CODE OF ORDINANCES OF THE CITY OF NEW YORK § 314. Cattle, sv/ine, and sheep, permit to drive required. — No cattle, swine, or sheep shall be driven through any public street or avenue in the Borough of Brooklyn without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and the Regulations of said Board. (S. C. Sec. 70.) § 315. Leading cattle through streets regulated. — No cattle, with or without their young calves, shall be led through or along any of the streets of the City of New York without a permit therefor issued by the Board of Health or otherwise than in strict accordance with the routes, hours, and conditions prescribed thereby; and no person shall lead, attempt to lead, or cause to be led, any cattle otherwise than singly, one person with each, nor shall any cattle be led on or allowed to go upon any sidewalk; provided, however, that sheep may be driven on routes prescribed for them, pursuant to the terms and con- ditions of the permits issued by the Board of Health. (S. C. Sec. 74.) § 316. Cattle, sheep, swine, and calves; not to be driven without permit; exception. — No cattle, sheep, swine, or calves shall be driven in the streets or avenues of the Borough of Manhattan without a permit therefor issued by the Board of Health, except in those cases where the said cattle, sheep, swine, or calves shall be landed at the foot of the street leading to the slaughterhouse to which they shall be des- tined, and where the streets shall be effectively barred or closed, so as to prevent the escape of such cattle, etc., during the transfer from the dock to the slaughterhouse. No cattle, sheep, swine, or calves shall be landed in the Borough of Manhattan except in accordance with the provisions and restrictions of this ordinance. No cattle, swine, or sheep shall be driven in the Boroughs of The Bronx, Queens, or Richmond, except in such streets, avenues, or roads as shall be set apart and designated by the Board of Health. (S. C. Sec. 75.) ARTICLE 17 TRADES, OCCUPATIONS AND BUSINESSES Sec. 321. Occupations and businesses, dangerous or detrimental to life or health, prohibited. § 322. Offensive or noisome trades and businesses regulated. § 323. Certain offensive or noisome trades, occupations, and businesses prohibited in the Borough of Manhattan. § 324. Certain offensive or noisome businesses in the Boroughs of Brooklyn, The Bronx, Queens, and Richmond reg- ulated. § 325. Business of slaughtering cattle, sheep, swine, pigs, calves, and fowl regulated. § 326. Business of slaughtering cattle, sheep, swine, pigs, and calves restricted in the Borough of Manhattan. § 327. Slaughtering of horses and sale of horse flesh for food, prohibited. § 328. Tanning, skinning, and scouring or dressing hides and leather regulated. § 329. Business of rendering and melting fat regulated. § 330. Business of manufacturing or preparing sausages and smoking or preserving meat or fish regulated. THE SANITARY CODE 421 § 331. Business of breaking out eggs regulated; sale of spots and ^^spot eggs^^ prohibited; the term “spot’^ and ‘‘spot eggs^^ defined. § 332. Boiling varnish or oil; distilling alcoholic spirits; making lampblack, turpentine, or tar; treating and refining ores, metals, or alloys of metals; regulated. § 333. Gas manufacture regulated and restricted; plans of build- ings and location to be approved. § 334. Lodging houses regulated. § 335. Barber shops regulated. § 336. Public laundries regulated. § 337. Duty of employers to provide means to prevent occupa- tional diseases. § 338. Manufacturing, sorting and handling cigars, cigarettes and tobacco regulated. § 339. Removal of dust, gases, and other impurities from work- rooms by suction devices. § 340. Bathing establishments regulated. § 341. Ocean bathing; regulations for protection. Sec. 321. Occupations and businesses, dangerous or detrimental to life or health, prohibited. — No occupation or business that is danger- ous or detrimental to life or health shall be established or carried on in the City of New York. (S. C. Sec. 92.) § 322. Offensive or noisome trades arid businesses regulated. — No establishment or place for carrying on any offensive or noisome trade or business shall be opened, started, established, or maintained in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said per- mit and with the Regulations of said Board. (S. C. Sec. 88.) § 323. Certain offensive or noisome trades, occupations, and busi- nesses prohibited in the Borough of Manhattan. — It shall not be lawful for any person, persons, or corporation, to carry on, establish, prose- cute, or continue, within the Borough of Manhattan, the occupation, or trade, or basiness, of bone boiling, bone burning, bone grinding, horse skinning, cow skinning, or skinning of dead animals, or the boiling of offal; and any such establishment existing within said Borough shall be forthwith removed from said Borough, and such occupation, trade, or business shall be forthwith abated and dis- continued, provided that the provisions of this section shall not apply to the slaughtering or dressing of animals for sale in said Borough. (S. C. Sec. 90.) § 324. Certain offensive or noisome businesses, in the Boroughs of Brooklyn, The Bronx, Queens, and Richmond regulated. — The busi- ness of bone crushing, bone boiling, bone grinding, bone or shell burn- ing, lime making, horse skinning, cow skinning, glue making from any part of dead animals, gut cleaning, hide curing, fat rendering, boiling of fish, swill, or offal, heating, drying, or storing of blood, scrap, fat, grease, or other offensive animal matter or of offensive vegetable matter, or manufacturing materials for manure or fertil- lizer, shall not be carried on in the Boroughs of Brooklyn, The Bronx, Queens, or Richmond without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms 422 CODE OF ORDINANCES OF THE CITY OF NEW YORK of said permit and with the Regulations of said Board. (S. C. Sec. 91.) § 325. Business of slaughtering cattle j sheep ^ swine y pigSy calves y and fowl regulated. — The business of slaughtering cattle, sheep, swine, pigs, calves, or fowl shall not be conducted in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. It shall not be unlawful, how- ever, to slaughter cattle, sheep, swine, pigs, or calves in the Borough of Brooklyn, at such places where such business was established and carried on on January 3, 1898. (S. C. Sec. 83.) § 326. Business of slaughtering cattle y sheep y swine y pigSy and calves restricted in the Borough of Manhattan. — The business of slaughter- ing cattle, sheep, or calves shall not be conducted in the Borough of Manhattan except in that part of the said Borough bounded by the west side of Eleventh Avenue, the middle line of the block between West 38th and West 39th streets (west of Eleventh avenue), the North River, and the south side of West 41st street; and in that part of the said Borough bounded by the east side of First avenue, the middle line of the block between East 42d street and East 43d street (east of First avenue), the East River, and the south side of East 47th street. The business of slaughtering swine and pigs shall not be continued in the Borough of Manhattan except in that part of the said Borough bounded by the west side of Eleventh avenue, the middle line of the block between West 38th and West 39th streets (west of Eleventh avenue), the North River, and the south side of West 41st street. (S. C. Sec. 84.) Limiting the slaughtering of cattle to a restricted section is regulating the busi- ness and not void as being in restraint of trade. Cronin v. People, 82 N. Y. 318. § 327. Slaughtering of horses and sale of horse flesh for food pro- hibited. — The bringing into the City of New York and the keeping or selling of horse flesh for food, and the slaughtering of horses, in said city, are prohibited. (S. C. Sec. 86.) § 328. Tanning, skinfiing, and scouring or dressing hides and leather regulated. — No establishment or place of business for tanning, skin- ning, or scouring, or for dressing hides or leather shall be opened, started, established, or maintained in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 88.) § 329. Business of rendering and melting fat regulated. — The busi- ness of rendering or melting fat shall not be carried on in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 95.) § 330. Business of manufacturing or preparing sausages and smok- ing or preserving meat or fish regulated. — The business of manufac- turing or preparing sausages or smoking or preserving meat or fish shall not be carried on, nor shall any place therefor be established, in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 49a.) THE SANITARY CODE 423 § 331. Business of breaking out eggs regulated; sale of spots'^ and spot eggs^^ prohibited; the term ^^spoV^ and ^^spot eggs’^ defined . — No person shall break out eggs for sale or conduct the business of breaking out eggs to be canned, frozen, dried, or used in any other manner, in the City of New York, and no eggs broken from the shell, whether canned, frozen, dried, or treated in any other manner, shall be received, held, kept, sold, offered for sale, or delivered in the said City without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (a) No person shall receive, hold, keep, sell, offer for sale, or de- liver, as or for food, or to be used in food, in the City of New York, any canned, frozen, or dried eggs, or eggs broken from the shell, which are adulterated or to which has been added any poisonous ingredient or any ingredient which may render such eggs injurious to health, or to which has been added any antiseptic, preservative, or foreign substance not evident and not known to the purchaser or consumer, or which shall contain filthy, decomposed, or putrid animal matter. (b) No person shall keep, sell or offer for sale as food any ‘‘spots’^ or “spot eggs.^^ Such eggs in the possession of a dealer in food shall, prima facie, be deemed to be held, kept, and offered for sale, as such food. The term “ spots and “spot eggs,^’ when used herein, shall be taken to mean all eggs that are partially hatched, broken yolked, blood ringed, or veined, and all unsound eggs, including those af- fected by moulds or which are partly decomposed or that have be- come sour. (S. C. Sec. 48a.) § 332. Boiling varnish or oil; distilling alcoholic spirits; making lampblack, turpentine, or tar; treating and refining ores, metals, or alloys of metals; regulated. — No person shall hereafter erect or estab- lish in the City of New York any manufactory or place of business, for boiling any varnish or oil, for the distilling of any ardent or alcoholic spirits, for making any lampblack, turpentine, or tar, for the treating and refining of ores, metals, or alloys of metals, with acids or heat, or for conducting any other business that will or does generate any offensive or deleterious gas, vapor, deposit, or exhala- tion, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regulations of said Board. (S. C. Sec. 94.) § 333. Gas manufacture regulated and restricted; plans of building arid location to be approved. — No person or corporation being a man- ufacturer of gas, or engaged in or about the manufacture thereof, shall throw or deposit or allow to run, or shall permit to be thrown or deposited, into any public waters, river, or stream, or into any sewer therewith connected, or into any street or other public place, any gas, tar, or any refuse matter of or from any gas-house works, manufactory, mains, or service pipes, or permit the escape of any offensive odors from their works, mains, or pipes; nor shall any such person or corporation permit to escape from any of their works, mains, or pipes, any gas dangerous or prejudicial to life or health, or manufacture illuminating gas of such ingredients and quality that in the process of burning it any substance which may escape 424 CODE OF ORDINANCES OF THE CITY OF NEW YORK therefrom shall be dangerous or prejudicial to life or health; nor shall any such person or corporation fail to use the most approved and all reasonable means for preventing the escape of odors. No buildings shall be erected or converted into, or used as, a place for the manufacture of illuminating gas, until the plans of such buildings and the location thereof, shall have been duly approved in writing by the Board of Health. (S. C. Sec. 89.) § 334. Lodging houses regulated. — No lodging-house containing rooms in which there are more than three beds for the use of lodgers, or in which more than six persons are allowed to sleep, shall be con- ducted, maintained, or operated in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of the said permit and the Regulations of the said Board. (S. C. Sec. 21.) § 335. Barber shops regulated. — No barber shop in the City of New York shall be conducted otherwise than in accordance with the Regulations of the Board of Health. (S. C. Sec. 179.) § 336. Public laundries regulated. — No public laundry shall be conducted otherwise than in accordance with the Regulations of the Board of Health. The provisions of this section shall not apply to the home of a person performing laundry work thereat for a regular family trade. § 337. Duty of employers to provide means to prevent occupational diseases. — Every employer shall provide reasonably effective devices, means, and methods to prevent the contraction by his employees of any illness or disease incident to the work or process in which such employees are engaged. § 338. Manufacturing, sorting and handling cigars, cigarettes and tobacco regulated. — No person engaged, in the City of New York, in manufacturing, sorting, or handling, cigars or cigarettes or in pre- paring, sorting, or handling, tobacco for any purpose, shall, at any time, touch with lips, teeth, or tongue any such cigar or cigarette or any such tobacco, intended to be sold or offered for sale; nor shall any person moisten with saliva, directly or indirectly, by spitting, or by use of the fingers, or utensils or accessories of any kind, any such cigar or cigarette or any such tobacco ; nor shall any person spray or moisten any such cigar or cigarette or any such tobacco by means of water or any other liquid, emitted from the mouth; nor shall any part of any such cigar or cigarette be allowed to touch or be introduced into the nose of any person. Every establishment wherein cigars or cigarettes, or both, intended to be sold or offered for sale, are manufactured, sorted, or handled, or wherein tobacco intended to be sold or offered for sale is pre- pared, sorted, or handled for any purpose, shall be provided with proper cuspidors, which shall be furnished in the proportion of one for every two persons employed therein who actually manufacture, prepare, sort, or handle, any such cigars, cigarettes, or tobacco, and every such cuspidor shall be cleansed at least once every twenty- four hours. A copy of this section shall be conspicuously posted in every place where such cigars or cigarettes are, or tobacco is manufactured, pre- pared, sorted, or handled. § 339. Removal of dust, gases, and other impurities from workrooms THE SANITARY CODE 425 hy suction devices. — Every factory and other place of business in any workroom of which, in the course of business, dust, gases, fumes, vapors, fibers, or other impurities are generated, released, or set in motion, in quantities tending to injure the health of the persons therein employed, shall be provided with suction devices that will remove such dust, gases, fumes, vapors, fibers, or other impurities from every such workroom, and such devices shall be installed as near as practicable to the place where such dust, gases, fumes, vapor, fibers, or other impurities are generated, released, or set in motion. Such devices shall, also, be kept constantly working when their em- ployment is necessary to meet the requirements of this section. Every factory and other place of business in any workroom of which, through the nature of the business carried on, excessive heat is created shall be provided with such means or appliances as will appreciably reduce such heat, and such means or appliances shall be constantly employed when such excessive heat is being created. § 340. Bathing establishments regulated. — Bathing suits shall not be hired out, nor shall any bathing establishment be maintained, in the City of New York, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and the Regulations of said Board. (S. C. Sec. 26.) § 341. Ocean bathing; regulations for 'protection. — Every keeper or proprietor of a hotel or boarding house, and every other person having a bathing-house upon or near any beach or shore of the ocean for the accommodation of his guests or other persons, for pay, shall provide for the safety of such bathers two lines of sound, serviceable, and strong manila or hemp rope, not less than one inch in diameter, anchored at some point above high water, at the same distance apart as the width of the space occupied by him fronting on such beach; and from the two points at which such life lines are so anchored, such lines shall be made to extend as far into the surf as bathing therein is ordinarily safe and free from danger of drowning to persons not expert in swimming, and at such limit points of safety such lines shall be anchored and buoyed. From such limit points of such lines so extended, anchored, and buoyed, a third line shall be extended, connecting the two extremeties of such lines, and buoyed at such points as to be principally above the surface of the water, thereby inclosing a space within such lines and the beach within which bath- ing is believed to be safe. Every such keeper, proprietor, or other such person shall cause to be painted and put up in some prominent place upon the beach, near such bathing-houses, the following words: “Bathing beyond the lines dangerous.’^ Such lines so placed, an- chored, and buoyed, and such notice so put up, shall be so main- tained by every such keeper, proprietor, or other person during the entire season of surf bathing. The owner of a bathing-house shall not be subject to the provisions of this section where such bathing- house is used, occupied, or maintained by a lessee for hire, but, in such instances, the lessee shall be deemed the keeper or proprietor thereof. (S. C. Sec. 26.) 426 CODE OF ORDINANCES OP THE CITY OP NEW YORK ARTICLE 18 VESSELS AND SE.^MEN Sec. 351. Duties of masters, chief officers, and physicians. § 352. Vessels from infected ports, or liable to quarantine; not to be brought within three hundred yards of docks or piers unless permitted. § 353. Vessels not in quarantine; duty of master, chief officers, and consignee to make daily reports. § 354. Removal of persons sick of an infectious disease pro- hibited. § 355. Removal of persons and articles exposed to infectious disease restricted ; permit required . § 356. Straw, bedding, clothing, and other substances; not to be cast into public waters. § 357. Births, marriages, and deaths; duty of officers, surgeons, and others to report. § 358. Discharge of cargo regulated. § 359. Skins, hides, rags, straw, bedding, and other articles and materials; removal and distribution regulated. § 360. Houseboats; the use thereof regulated. § 361. Boats and other water craft; loud and explosive noises prohibited. § 362. Duties of keepers, lessees, tenants, and owners of boarding- houses and lodging-houses. Sec. 351. Duties of masterSy chief officers^ and physicians. — Every master and chief officer of any vessel, and every physician of, or who has practiced on, any vessel, which shall arrive in the port of New York from any other port, shall at once report to the Department of Health any facts connected with any person or thing on said vessel, or that came thereon, which he has reason to think may endanger the public health of the City of New York; and he shall report the facts as to any person thereon being or having been sick of an in- fectious disease, and as to there being or having been thereon during the voyage or since the arrival of any such vessel any infected person or articles. (S. C. Sec. 151.) § 352. Vessels from infected ports j or liable to quarantine; not to he brought within three hundred yards of docks or piers unless permitted . — No master, charterer, consignee, or other person shall order, bring, or allow (having power and authority to prevent) any vessel or person, or article therefrom, from any infected port, or any vessel, or person or article therefrom, liable to quarantine, according to the ninth section of the three hundred and fifty-eighth chapter of the Laws of 1863 (or under any other laws, and whether such quarantine has been made or suffered or not), to come or be brought to any point nearer than three hundred yards from any dock, pier, or building, in the City of New York without or otherwise than in accordance with the terms and conditions of, a permit therefor issued by the Board of Health. Nor shall any vessel, or person or thing therein or therefrom, having been in quarantine, come or be brought or be permitted to remain within the last-named distance of any last- THE SANITARY CODE 427 named place, without or otherwise than in accordance with the terms and conditions of, a permit therefor issued by the said Board. (S. C. Sec. 155.) § 353. Vessels not in quarantine; duty of master ^ chief officers ^ and con- signee to make daily reports. — The master, chief officer, and consignee, of every vessel not being in quarantine, or within quarantine limits, but being within one-fourth of a mile of any dock, v/harf, pier, or building of the City of New York, shall daily report to the Depart- ment of Health, or cause to be reported thereto, in writing, the par- ticulars, and shall therein state the name, disease, and condition, of any person in or on such vessel who is sick of any infectious disease. (S. C. Sec. 149.) § 354. Removal of persons sick of an infectious disease prohibited . — No person shall bring into the City of New York from any infected place, or land at or take into the said City from any vessel lately from an infected port, or from any vessel or building in which has lately been any person sick of an infectious disease, any article or person whatsoever, nor shall any such latter person land or come into said City, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms and conditions of said permit; and it shall be no excuse that the person so offending, or the article involved in the offense, has passed through quarantine, or that a permit therefor has been obtained from any other source than the said Board. (S. C. Sec. 156.) § 355. Removal of persons and articles exposed to infectious dis- eases restricted; permit required. — No captain, officer, consignee, owner, or other person in charge of any vessel (or having right and authority to prevent) shall remove or aid in removing from any vessel to the shore (save as legally authorized by the Health Officer of the Port of New York, and then into quarantine grounds and buildings only) any person sick of, or person that has b^een exposed to and is liable very soon to develop, any infectious disease, or so remove or aid in removing any articles that may have been exposed to the contagion of any such disease, without or otherwise than in accordance with the terms and conditions of a permit therefor issued by the Board of Health. (S. C. Sec. 154.) § 356. Straw, bedding, clothing, and other substances; not to be cast into public waters. — No owner, part owner, charterer, agent, or con- signee of any vessel, or any officer or person having charge or control of the same, shall cast or allow to be cast, therefrom, into any public waters of the City of New York, any straw, bedding, clothing, or other substance. (S. C. Sec. 157.) § 357. Births, marriages, and deaths; duty of officers, surgeons, and others to report. — The master, chief officer, ship’s surgeon, or the company, corporation, charterer, or person having the management and control, of any vessel which shall arrive at the port of New York shall report, in writing, to the Department of Health of the City of New York, within three days after the arrival of such vessel, the death or marriage of any resident of said City, or the birth of any child, whose parents are residents or parent is a resident of said City, occurring thereon at sea, and shall file in the Bureau of Records of said Department a transcript of the entry made in the log book of such vessel, in respect to any such death, marriage, or birth. A 428 CODE OF ORDINANCES OF THE CITY OF NEW YORK transcript of any death, marriage, or birth filed as aforesaid may be issued, in the discretion of said Department, to any person entitled to receive the same. (S. C. Sec. 151a.) § 358. Discharge of cargo regulated. — No owner, agent, or consignee, of any vessel, or cargo, and no officer of any vessel (in respect of either of which vessel or cargo a permit, according to any law, ordi- nance, or regulation shall or should have been obtained to pass quarantine, or to come up to the water-front of the City of New York) shall unload, or land, or cause to be unladen or landed, such cargo, or any part thereof, at any place in said City, without or otherwise than in accordance with the terms and conditions of a permit there- for issued by the Board of Health. (S. C. Sec. 153.) § 359. Skins, hides, rags, straw, bedding, and other articles and materials; removal and distribution regulated. — No master, charterer, owner, part owner, or consignee of any vessel, or any other person, shall bring nearer to any dock, pier, wharf, or building, than one thousand feet therefrom in the City of New York, or unload at any dock, pier, wharf, or building, therein, or have on storage in the built-up portions of said City, any skins, hides, rags, or similar arti- cles or materials which have been brought from any foreign country or any infected place, or from any points south of Norfolk, Virginia, without or otherwise than in accordance with the terms and condi- tions of a permit therefor issued by the Board of Health, and no person shall sell, exchange, remove, or in any way expose, any straw, bedding, or other articles used by immigrants upon any vessel bring- ing immigrants to this port, until it shall have been adequately and properly cleansed or disinfected; and all straw, bedding, or other articles that have been exposed on any vessel to the contagion or in- fection of any infectious disease, or have been or are liable to com- municate such disease, shall be destroyed by fire on said vessel. (S. C. Sec. 152.) § 360. Houseboats; the use thereof regulated. — No houseboat, while used or occupied as such, shall be moored, anchored, or located in the waters of any inlet or bay within the territorial limits of the City of New York, except the upper or lower bay of New York Harbor, without a permit therefor issued by the Board of Health or otherwise than in accordance with the terms of said permit and with the Regu- lations of said Board; and no person shall use or occupy for living purposes any such boat so moored, anchored, or located, unless a permit for such boat has been issued as hereinbefore provided, or then otherwise than in accordance with the terms of said permit and the Regulations of said Board. (S. C. Sec. 157a.) § 361. Boats and other water craft; loud and explosive noises prO'- hibited. — All boats or other water craft plying on any of the waters of or adjacent to the City of New York, equipped with a gasoline or other internal combustion engine in which a gas is generated or used for purposes of propulsion, shall be construed so that the exhaust from such engine is made to discharge into a muffler or other device which will prevent loud or explosive noises occurring on or about any such boat or craft; and no person having the management and control of any such boat or craft, or operating the engine thereon, shall cause, permit, suffer, or allow the exhaust from such engine to discharge into the open air, or otherwise than into a muffler or THE SANITARY CODE 429 other device which will prevent loud or explosive noises occurring on or about any such boat or craft. (S. C. Sec. 188.) § 362. Duties of keepers, lessees, tenants, and owners of hoarding- houses and lodging-houses. — The keepers, lessees, tenants, and owners of every boarding-house and lodging-house shall forthwith notify the Department of Health of the fact of any seafaring man, or person coming lately from any vessel, being taken sick at such house, and shall, at the same time, inform the said Department of the premises where such sick person may be found, and of the name of the vessel from which and the time when such person came, to the best of the knowledge of the person or persons giving such notice and informa- tion. (S. C. Sec. 150.) The Sanitary Code of the Board of Health of the Department of Health of the City of New York, revised and amended by the said Board and filed, as thus revised and amended, with the City Clerk of the City of New York, pursuant to the provisions of Section 1172 of the Greater New York Charter. Revised and amended December 31st, 1914. Filed, as thus revised and amended, with the City Clerk Apr. 9, ^15. Notes. — Pleading, evidence. — The Sanitary Code, like all ordinances, must be pleaded and proved as a matter of fact to be used in evidence. The court will not take judicial notice of ordinances. Boston v. Abraham, 91 App. Div. 417; City of New York v. Knickerbocker Trust Co., 104 App. Div. 223; Met. Milk Co. V. City of N. Y., 98 N. Y. Supp. 894; 113 App. Div. 377; 186 N. Y. 533; Dept, of Health v. City R. E. Invest. Co., 86 N. Y. Supp. 18. Abating nuisance. — Sec. 1179, L. 1901, ch. 466, gives Board of Health power to abate any building which it deems a nuisance, and sec. 1300 prescribes the pro- cedure. The right to destroy a building summarily is, if granted by statute, valid. Egan V. Health Dept., 9 App. Div. 431 ; Van Wormer v. Mayor of Albany, 15 Wend. 262; Cartwright v. City of Cohoes, 39 App. Div. 69; Smith v. Irish, 37 App. Div. 220; but the necessity for such an abatement is a question of fact which will be reviewed by the courts. Health Dept. v. Dassori, 159 N. Y. 245; People ex rel. Copcutt V. Board of Health of Yonkers, 140 N. Y. 1. As to powers of board, see People ex rel. Savage v. Board of Health, 33 Barb. 344. An order abating a nui- sance must be specific. Rogers v. Baker, 31 Barb. 447. Such an order is in its nature judicial and prima facie, is deemed just and legal, but is not conclusive. Golden v. Health Dept, of N. Y., 21 App. Div. 420; Village of Flushing v. Carraher, 87 Hun, 63. And while a board may abate a nuisance, it cannot erect anything new which is not necessary to abate. Haag v. City of Mt. Vernon, 41 App. Div. 366. Constitutional. — See notes before Art. 1, supra. A law to preserve the public health may be constitutional even though it require expenses of a citizen coming within its provisions without previous notice and a hearing. Eckhardt v. City of Buffalo, 19 App. Div. 1. Liability of health officers. — As to liabilities of health oflScers in destroying prop- erty for rights and remedies, see Sbarboro v. Health Dept, of N. Y., 26 App. Div. 177; Golden v. Health Dept, of N. Y., 21 App. Div. 420; Underwood v. Green, 42 N. Y. 140; Egan v. Health Dept, of N. Y., 9 App. Div. 431. Members of Board of Health are administrative and not judicial oflScers. People ex rel. Lodes v. Dept. Health, 189 N. Y. 187. Injunctions. — Injunctions may be given health authorities. Yonkers v. Cop- cutt, 140 N. Y. 12; Gould v. Rochester, 105 N. Y. 46; Green Island v. Magill, 17 App. Div. 249; N. Y. Health v. Purdon, 99 N. Y. 237; N. Y. Health v. Labor, 38 Hun, 542. 430 CODE OF ORDINANCES OF THE CITY OF NEW YORK CROSS-REFERENCES Notes Building code, authorized 45 Code ordinances, adoption 7, 360 former repealed 360 Encroachments and obstructions in streets: areas 315 awnings 289 bay-windows 319 general 302 ornamental projections 319 removal 309 show-cases 306 stands within stoop line 308 vaults 329 Evidence, ordinances must be pleaded 360, 429 Explosives regulations, authorized 161 Injunctions, see separate heads and 303, 306 Mandamus, see separate heads and . . 303, 306 Ordinances, construction 361 validity 360 Park regulations, authorized . 261 Police power. (See separate heads.) general cases 361 Sanitary Code 366 signs ! 325 Sanitary Code, authorized 365 penalties * 365 Traffic regulations, authorized 333 LAWS NOT INCLUDED This volume contains only the Code of Ordinances relating to the City of New York. For the following matters: Auctioneer, forfeiture license, see Penal Law, § 943 Auctioneer, general provisions, see N. Y. City Charter, § 34 Bakeries and confectioneries, see Labor Law, Art. 8 Blind adults may sell newsp., use mus. inst., see . Gen. City Law, § 10 Dancing Academies, see N. Y. City Ch., am. L. 1910, ch. 547 Departmental Rules, see . . Individual departments Dogs, see County Law, Art. 7 Employment Agencies, see Gen. Business Law, §§ 170-180 Employment women mercant. act, see Labor Law, Art. 11 Employment children street trades, see Labor Law, Art. 15 Factories, see Labor Law, Art. 6 Farm produce, peddling in cities, see Gen. Municipal Law, § 81 Fire-arms, carrying of, see L. 1914, ch. 460; Penal Law, § 1897 Fire-Prevention, see.. .N. Y. City Charter, am. L. 1911, ch. 899; L. 1912, ch. 458; L. 1913, ch. 695; L. 1914, ch. 459, 495 Junk dealers, see Gen. Business Law, §§ 60-64 LAWS NOT INCLUDED 431 Marriage licenses, see Domestic Relation Law, §§ 13-25 Motion picture operator's license, see.. § 529a Charter as am. by L. 1910, ch. 654 New York City Charter. L. 1897, ch. 378, Rev. L. 1901, ch. 466, as amend. Pawnbrokers, see Gen. Bus. Law, §§ 40-52; Penal Law, § 1590 Peddlers, see Gen. Business Law, §§ 30-36 Private Detectives, see Gen. Business Law, §§ 70-75 Tenement House Law, see ch. 61, Consolidated Laws as amend. Tenement made articles, see Labor Law, Art. 7 Weights and Measures (State Law), see . Gen. Business Law, §§ 2-17 INDEX (See Cross-References, ante, for Notes and matters not in the Code of Ordinances.) Advertisements, misleading forbidden placards and posters, article 2 SECTION. 1 CH. 27 23 PAGE. 356 287 Advertising vehicles 30 24 340 Ammunition. (See Explosives.) Amusements and exhibitions. (See Motion Pictures.) licenses required 1 3 30 fees for 2-3 3 30 revocation 4 3 31 unlicensed performances enjoined 5 3 31 amateurs and charitable excepted . 6 3 32 places of, exit requirements 7 3 32 fire prevention 8 3 32 obstruction of aisles 9 3 32 sale of liquor 11 3 34 Sunday observance 10 3 33 ticket speculation 12 3 35 violations 13 3 35 Animals. (See Sanitary Code.) general provisions 2 27 356 Apartment houses. (See Fire Prevention.) Areas. (See Streets.) Asylums. (See Fire Prevention.) Auctions in streets 30 23 288 Automobiles. (See Traffic Regulations, Parks.) Awnings, article 5 23 289 B Balustrades. (See Streets, projections.) Barber poles Bathing in public Bay windows Beils. (See Traffic Regulations.) Billiard and pool tables, article 2 Board meetings to be open to public .... Boarding houses. (See Fire Prevention.) Boilers in vessels, tested by police 28 433 145 23 3 27 163 23 14 9 1 1 18 305 357 316 230 11 270 434 INDEX SECTION. CH. PAGE. Bonds of city officers 270 2 29 Borough president: accounts 201 2 23 payment bills 200 2 23 permits 203 2 24 receipts, disposition 202 2 23 reports 204 2 24 jurisdiction. (See separate headings under ^‘Streets”.) city surveyors, article 10 2 25 contracts, article 2 2 15 permits 203 2 24 public improvements 61 2 16 sewers and drains 1-24 21 275 street cleaning 1-24 22 279 requirements: accounts 201 2 23 payment of bills 200 2 23 receipts, disposition 202 2 23 reports 204 2 24 Bowling alleys 30 14 230 Bread, baking and sale 30 26 354 Bridges: names of 1 4 42 speed of vehicles on 2 4 44 Broadway, projections thereon forbidden . . 160 23 314 Building materials not to obstruct streets . . 140-142 23 302 Building Code: actions, article 32 5 136 aisles and passageways. (See Theatres.) alterations must be approved 3 5 48 altering buildings, article 30 5 130 apartment house defined 2 5 47 fireproofing 440-1 5 103 areas 450 5 108 area of lots built over 2 5 47 basement entrances in dwelling houses . 151 5 66 bay windows 449 5 108 beams. (See Iron or Steel.) wooden 282 5 84 biU boards 470 5 108 bofiers 397 5 101 brick 20 5 50 buildings, safeguards during construc- tion . 193 5 68 bulkheads and scuttles 423 5 104 cast iron. (See Iron.) cellars 442 5 107 cement 22 5 50 chimneys and fluas 390-393 5 98 churches 490 5 112 INDEX 435 Building Code — Continued : SECTION. CH. PAGE. columns and compression members. . . . 51 5 52 compression members, columns and . . . 51 5 52 concrete 24 5 50 construction, safeguards during, ar- tide 10 5 67 cornices and gutter 422 5 104 curtain walls. (See Walls.) dangerous buildings, article 31 5 131 definitions 2 5 46 demolishing buildings 624 5 131 doors, and shutters, fireproof 375 5 97 drainage, article 29 5 128 dwelling-house 443 5 107 defined 2 5 47 fireproofing 441 5 106 partitions 443 5 107 employees have right to enter buildings 5 5 49 elevators, article 27 560 5 126 excavations 230 5 71 factory area restriction 370 5 95 fallen buildings 638 5 134 fences 470 5 108 fire appliances, article 28 580 5 127 fire escapes 152 5 66 fire limits. (See Frame Constructions.) Manhattan (subd. 1) 90 5 58 Bronx (subd. 2) 90 5 59 Brooklyn (subd. 3) 90, 95 5 60 Queens (subd. 4) 90 5 61 suburban limits 91 5 62 enlarging buildings 92 5 64 repairing buildings within 93 5 64 moving buildings within 94 5 64 buildings in construction within. . . 95 5 65 frame buildings permitted 96 5 65 fireproof construction, article 17 ...... . 350 5 91 buildings over 150 ft. high 351 5 92 floors 352 5 92 fire walls and shafts, article 18 5 94 floors, fireproof 352 5 92 floor lights 446 5 107 floor loads 55 5 56 flues 393 5 99 foundations, generally 232 5 72 foundation walls defined 2 5 47 foundation walls 234 5 73 frame constructions, article 22 470 5 108 furnaces and boilers 397 5 101 gas appliances 448 5 108 grain elevators 551 5 126 gutters and cornices 422 5 104 • heights of buildings defined 2 5 47 43b INDEX Building Code — Continued : hot-air heating hotel defined fireproof iron: cast wrought iron or steel construction, article 15 . . . bolting cast-iron columns columns of steel or wrought iron . . double columns. . : floor and roof beams framing and connecting girders joint plates lintels party wall posts plates under lintels rivetting trusses leaders, and roofing live loads mansard roofs SECTION. CH. 395 5 2 5 350 5 25 5 25 5 300 5 312 5 301 5 302 5 303 5 309 5 311 5 306 5 304 5 307 5 305 5 308 5 313 5 310 5 421 5 54 5 420 5 masonry. (See Walls, Article 13, Chap- ter 5.) masonry-work, safe loads for 52 5 materials; different kind, article 2 5 strength of 50 5 mortar 23 5 motion-picture theatres, article 24 5 office building defined 2 5 orders, article 32 5 partition fences and walls, article 11. . . 210-215 5 penalties 654 5 perforated pipes 582 5 pile foundations 233 5 pipes 447 5 plans and specifications: to be filed 3 5 must be approved (subd. 5) 3 5 plumbing, article 29 600 5 pressure under footings 237 5 private dwelling defined 2 5 protection during construction — article 10 5 protection for public in certain buildings 490-493 5 public, protection for, in certain build- ings 490-493 5 ranges and stoves 399 5 remedies, article 32 5 repairs, when ordinary are excepted ... 35 retaining walls, article 11 211 5 PAGE. 100 47 91 50 50 85 90 86 87 87 88 90 88 88 88 88 88 90 89 103 56 103 53 49 51 50 113 47 136 69 140 127 73 107 48 48 128 74 47 67 112 112 102 136 48 69 INDEX 437 Building Code — Continued : SECTION. CH. PAGE. roofing and leaders 421 5 103 sand 21 5 50 safeguards during construction, ar- tide 10 5 67 scaffolding 191 5 67 shafts: light and vent 371 5 95 elevator 372 5 95 how protected 373 5 96 dumbwaiter 374 5 96 schools, to be fireproof 350 5 91 sheds over sidewalk 190 5 67 shutters and doors, fireproof 375 5 97 sign-boards 470 5 108 sky-lights 424 5 104 sky-signs 470 5 108 smoke houses 552 5 126 smoke-pipes 394 5 99 stairways, requirements of, in certain buildings 150 5 65 standpipes 581 5 127 steam or hot water pipes 398 5 102 steel: cast 25 5 50 structural 25 5 50 steel, or iron, construction, article 15 . . 5 85 store area restriction 370 5 95 tanks 425 5 104 temporary supports 56 5 57 tenement-houses, fireproofing 440-1 5 105 tests of new materials 27 5 51 theatres, article 25 5 117 theatres, motion-picture, article 24 ... . 5 113 timber 26 5 51 timber construction, article 14 5 83 treads in 7 story buildings 150 5 65 unsafe buildings, article 31 5 131 vaults under sidewalk 451 5 108 vent flues 396 5 101 violations, article 32 5 136 walls, how constructed, article 13 250 5 75 dwelling houses 251 5 76 warehouses 252 5 78 bearing 254 5 80 curtain 255 5 80 interior 260 5 81 partition 260 5 81 party 257 5 80 rules for tieing, lining, recesses. arches 262-268 5 81 wind pressure 57 5 58 windows during construction 192 5 68 438 INDEX Building Code — Continued: section, ch. wood construction, article 14 5 working stresses 53 5 Bureau of Weights and Measures, art. 1 . . . 26 PAGE. 49 53 350 C Cabs. (See Hacks.) Cellar doors and steps. (See Streets.) Charities (public) : institutions, admission to 1 6 libraries 3 6 inmates, classification 2 6 employment and discipline 4 6 instruction 2 6 Chauffeurs. (See Hacks.) Chimney fires 29 12 City debt, regulations, article 1 2 City flag 11 1 amendment City Magistrates^ Courts 4 27 City marshal: badges of 230 2 impersonating forbidden 231-2 2 City officers^ bonds 270 2 City surveyors, rules and regulations 240-244 2 Coal and coke, sale and delivery of 31 26 Commissioner, acting, may be appointed. . . 7 1 Common shows, regulations concerning .... 60-62 3 Comptroller, custodian certain papers 170 2 Contracts for work or supplies for city: general provisions 60 2 borough improvements 61 2 plans and surveys 62 2 proposals for estimates to be issued. ... 63 2 form 64 2 estimates : contents 65 2 ‘^estimate box 66 2 execution 65 2 opening 66 2 samples 67 2 contract: award. 66 2 bond 72 2 execution 72 3 filing with comptroller 61 2 extra work 77 2 indemnity clause 71 2 payments: general 73 2 in installments 68 2 certificate of amount due 74 2 142 142 142 142 142 224 12 11 363 358 24 25 29 25 354 10 41 23 16 16 16 16 16 17 17 17 17 17 17 18 18 16 20 18 19 18 19 INDEX 439 Contracts for work, etc., payments — Con. : SECTION. CH. PAGE. delayed 78 2 20 inspection (assessment work) 75 2 20 inspector and surveyor’s affidavits . 76 2 20 security for 68 2 18 non-performance of 72 2 18 protection against accidents 70 2 18 reletting 72 2 18 report of outstanding 79 2 20 snow removal, pay of workmen Corrections, department of 71 2 18 1-7 7 144 Corporation counsel, article 8 2 24 Courtyards. (See Streets.) D Dealers in second-hand articles, article 4 . . . 14 231 Definitions 1 1 8 Department, acting head may be designated 7 1 10 Department of Charities, general provisions 1-4 6 142 Department of Corrections, general provi- sions 1-7 7 144 Department of Docks and Ferries, general provisions 8 147 Department of Parks, general provisions . . . 17 261 Dirt carts, article 5 14 235 Docks, ferries and harbor control: cargoes, rules and regulations 60-64 8 155 definitions 1 8 147 protection of navigation: dredging 50 8 153 dumping 122 8 159 obstructions 120, 121 8 159 removal of refuse from vessels 123 8 160 water-front property: apportionment: canal boats 13 8 148 city purposes, generally 10 8 147 floating baths 11 8 147 garden produce 14 8 148 oyster and other shell fish 15 8 149 recreation piers 12 8 148 improvement: general provisions 30 8 150 floating docks 34 8 152 opening pavements . 33 8 151 platforms for fish trade 32 8 151 sheds on piers 31 8 150 violations 35 8 152 maintenance: cleaning, dredging and repairing 50 8 153 440 INDEX Docks, ferries and harbor control — Con.: section, ch. incumbrances and ob- structions: removal 54 8 sale 55 8 storage 53 8 vehicles 56 8 violations 57 8 overloading with cargo. . . 51 8 obstructions 52 8 wharfage, rules and regulations . . . 80-90 8 Dog-stealing forbidden 2 27 Drains. (See Sewers.) £ Electric signs, general provisions 215 23 Elevated railroads. (See Railroads.) Employees of city, hours of 8 1 • Employees. (See Officers and Employees of City.) Employment bureau, public, article 12 2 Encroachments and projections. (See Streets.) Encroachments on park-streets 60-62 17 Excavations, article 9 23 Explosives: alcohols, article 21 10 ammunition, article 5 10 blasting, article 4 10 bonds, article 3 10 calcium carbide, article 16 10 certificates, article 2 10 chemical supply-houses, article 24 10 combustible mixtures, article 10 10 definitions 1 10 drug-stores, retail, article 25 10 drug'-stores, wholesale, article 24 10 dry-cleaning, article 12 10 dyeing establishment, article 12 10 explosives, regulations, article 4 10 fees, article 3 10 fireworks, article 6 10 garages, article 11 10 gases under pressure, article 17 10 general provisions, article 1 10 inflammable mixtures, article 9 10 kerosene oil, article 8 10 liquors, distilled, article 21 10 matches, article 7 10 motion picture films, article 20 10 nitro-cellulose, article 18 10 oils and fats, article 22 10 oils (mineral), article 8 10 PAGE. 154 154 154 155 155 153 153 156 356 327 11 27 267 294 205 179 171 168 199 166 207 192 162 212 207 196 196 171 168 180 193 200 162 189 186 205 184 204 202 206 186 INDSX 441 Explosives — Continued : paints, article 15 permits, article 2 petroleum, article 8 powder, article 4 sponging, article 14 storage. (See separate heads.) technical establishments, article 23 ... . transportation. (See separate heads.) violations Expresses and expressmen: charges defined license fee licensed drivers required proprietor's bond Exterior hoists, article 7 F Fifth Avenue, street restrictions Films for motion pictures. (See Explosives.) Fine for all violations Fire-arms: cannon firing, regulated carrying or keeping pistols, permits. . . . discharging guns, prohibited generally . where permitted sale of toy-pistols prohibited violations Fire extinction: fire-alarm telegraph fire hose fire hydrants harbor fires idlers at fires street fires, permits required violations Fire extinguishing appliances. (See Fire Prevention.) Fire prevention. (See Building Code; Amusements Ch. 3.) appliances where required ashes barns and stables chimneys and flues diagrams of exits fire drills in schools lights smoking, where forbidden storage combustible fibre wooden packing boxes watchmen in certain buildings violations SECTION. CH. PAGE. 10 199 10 166 10 186 10 171 10 198 10 206 300 10 215 64 14 233 60 14 232 61 14 233 62 14 233 63 14 233 14 233 61 17 267 10 27 359 4 11 218 1 11 216 2 11 216 2 11 216 3 11 218 5 11 218 5 12 220 3 12 220 4 12 220 1 12 219 2 12 220 6 12 221 7 12 221 20, 21 12 222 28 12 224 27 12 224 29 12 224 21 12 222 22 12 223 23 12 223 26 12 224 24 12 223 25 12 224 21 12 222 30 12 224 442 INDBX SECTION. CH. PAGE. Plrewood, sale of 32 26 355 Fireworks. (See Explosives.) Flags in city hall 11 1 11 Floating-baths 3 27 357 Flower-pots, prohibited on window ledges . . 250 23 331 Food. (See Sanitary Code.) G Garages. (See Explosives.) Guards necessary for excavations 3 23 285 H Hacks, cabs, taxicabs and sight-seeing cars: defined, respectively 80 14 234 commissioner of licenses controls 82 14 235 drivers^ licenses: application 90 14 237 applicant's photograph 92 14 238 examination 91 14 238 fee 96 14 239 form and term 93 14 238 record 98 14 239 renewal 95 14 239 revocation 98 14 239 suspension 98 14 239 licensed driver^s badge 94 14 238 licensed vehicles, inspection 88 14 237 licenses for vehicles: application 83 14 235 fees 86 14 236 inspection 84 14 236 license card and plate 85 14 236 register 87 14 237 revocation 89 14 237 suspension 89 14 237 passengers^ property found in, disposi- tion 107 14 243 public garage 108 14 243 rates of fare: generally 102 14 241 overcharge 105 14 242 prepayment 103 14 242 settlement of disputed 104 14 242 taximeters 101 14 240 soliciting passengers, ‘‘cruising^ ^ 106 14 242 stands: designation 99 14 239 former, abolished 99 14 239 regulation of hacks at 100 14 240 taximeters, requirements as to 101 14 240 violations; punishment 109 14 243 INDBX 443 Hand organs: section, ch. page. must be licensed 170 14 250 restrictions as to operation 171 14 239 Health. (See Sanitary Code.) Hospitals: patients in emergency cases 1 13 226 incurable 2 13 226 insane 3 13 226 non-resident 4 13 226 Hydrants. (See Water Supply.) I Ice, to be sold by weight 33 26 355 Incumbrances and obstructions. (See Streets.) j Junk dealers, article 9 14 244 Juror’s fees 5 27 358 L Lamp-posts, erection of ornamental 145 23 305 Letter-boxes 6 27 358 Licenses: amusements and exhibitions: common shows 60-62 3 41 motion pictures 30-44 3 36-41 theatres, etc 1-13 3 30-35 business: billiard and pool tables, article 2 . . 14 230 bowling alleys, article 3 14 230 dealers in second-hand articles, article 4 14 231 dirt carts, article 5 14 232 express and expressmen, article 6. . 14 232 exterior hoists, article 7 14 233 hacks, cabs and taxicabs, article 8. 14 234 junk dealers, article 9 14 244 peddlers, hawkers and venders, article 10 14 245 public carts and cartmen, article 11 14 246 public porters, article 12 14 248 shooting galleries, article 13 14 250 street musicians, article 14 14 250 weighers of hay, article 15 14 251 rules and regulations, article 1 14 227 charges 5 14 229 issue 3 14 228 suspension 5 14 229 Lights, fixed in streets, article 11 23 299 Lights necessary for excavations 3 23 285 444 INDEX M Markets (public): general provisions, article 1 location, article 2 . farmer and market gardens, article 3 . . Mayor, may reward apprehension criminals Monuments, article 6 Motion pictures. (See Building Code.) defined operators of machines private exhibitions theatres, to be hcensed exits and aisles films. fire appliances heating lighting public morals sanitation ventilating violations Motion picture films. (See Explosives.) Motor vehicles. (See Traffic Regulations, Parks.) Municipal explosive regulations. (See Ex- plosives.) N Navigation. (See Docks.) Noises. (See Sanitary Code.) generally hand organs hospital streets itinerant musicians junkmen peddlers, hawkers and venders rattling metal school streets showmen Numbering houses, article 10 SECTION. CH. 15 15 15 130 2" 23 30 3 43 3 42 3 31-33 3 34 3 35 3 36 3 37 3 38 3 41 3 40 3 39 3 44 3 130 23 170 14 131 23 171 14 134 23 133 23 135 23 132 23 136 23 23 O Obstructions and incumbrances. (See Streets.) Office-hours of city employees 8 1 Officers and employees of city : hours of service, July and August 3 16 must be residents 1 16 reinstatement, fire and police: depart- ments 10 16 vacations, salaried employees 2 16 per diem employees 2 16 PAGE. 253 254 257 22 291 36 40 39 36 37 37 37 38 38 39 39 38 41 300 250 300 251 301 301 301 300 301 298 10 260 259 260 259 260 INDEX 445 SECTION. CH. PAGE. Ordinances, proposed, to be printed 5 1 9 adopted, to be printed 5 1 10 Organ grinders 170 14 250 Ornamental projections 166 23 319 P Packing boxes, permits to store required ... 25 12 224 Parks: botanical gardens 71 17 269 building and other projections in, arti- cle 3 17 267 general provisions, article 1 17 261 traffic regulations, article 2 17 264 trees in streets 70 17 269 violations 72 17 269 Park-streets, projections upon article 3 . . . . 17 267 Pavements to be repaired 181 23 322 Paving sidewalks, article 15 23 321 Peddlers, hawkers and venders, article 10 . . 14 245 not to make noises 133 23 301 traffic regulations 13 24 336 Penalty, fine for all violations 10 27 359 Pistols or revolvers. (See Fire-Arms.) Pool, billiard and, tables, article 2 14 230 Porches. (See Streets.) Porters. (See Public Porters.) Posts and poles 145 23 305 Poultry for sale 34 26 355 Projections and encroachments. (See Streets.) Projections on park-streets 60-62 17 267 Public administrator, article 11 2 27 Public carts and cartmen, article 11 14 246 Public employment bureau, article 12 2 27 Public markets. (See Markets.) Public porters, article 12 14 248 Q Queens, county clerk^s fees 78 27 358 R Railroads. (See Sanitary Code.) elevated not to drop articles 1 19 271 grade crossings: Bronx 32 19 273 Brooklyn 32 19 273 closed gates 32 19 273 Long Island railroad 31 19 273 Park Avenue tunnel 30 19 273 street * . head-lights required 10 19 217 446 1MD£X Railroads, street — Continued: section, ch. licenses.... 11 19 transfers to car ahead 12 19 streets not to be blocked by trunk-line road 33 19 violations 34 19 Real estate of city, article 3 2 Real property, defined 1 1 Refuse and rubbish, article 2 22 Repeal of existing ordinances 1 28 Riverside Drive, street restrictions 62 17 Rubbish and refuse, article 2 22 Rules of the Road. (See Traffic Regula- tions.) S Safeguards. (See Fire Prevention; Traffic Regulations.) Sanitary Code: adulterated food, sale forbidden 139 20 animals: cattle, care of 14, 15 20 contagious diseases 4 20 cows, care of 12, 13 20 dead 9 20 dogs, to be muzzled 17 20 fowls (live) 19 20 glanders, farcy 2, 3 20 horses, cattle, etc., yarding of 11 20 pigeons 20 20 rabid and vicious 10 20 sale of small 18 20 shelter for homeless 16 20 sick and injured 5~8 20 bakeries, defined 1 20 barber shops regulated 335 20 bathing, establishments and ocean 340, 341 20 bichloride of mercury, sale regulated. . . 125 20 births to be reported 31, 33 20 boarding house, defined 1 20 buildings: dangerous conditions to health. ... 52, 53 20 dwellings 54 20 lodging-houses not to be over- crowded 56 20 responsibility of owner, lessee, etc. 51 20 roof and sky-lights to be in repair . . 59 20 schools, churches, etc 57 20 sleeping in cellars forbidden 62 20 stables 58 20 theatres, manufactories, etc 55 20 walls and ceilings to be clean 60 20 water tanks on roofs 61 20 PAGE. 272 272 274 274 20 8 279 360 268 279 394 371 369 371 370 372 372 369 371 372 370 372 372 369 366 424 425 391 373 366 377 378 378 377 379 378 379 379 378 379 379 INDEX 447 Sanitary Code — Continued : SECTION. CH. PAGE. businesses forbidden, article 17 20 420 camps^ tents and 217 20 407 carbolic acid, sale regulated 123 20 390 cattle, etc., driven in streets 314-316 20 420 chemist, affidavits of to be presumptive 188 20 404 children, care of, article 11 . . 20 404 cold storage: food to be marked 72 20 380 not to be returned 74 20 380 sold only as such 75 20 380 time kept 73 20 380 contractors to comply with S. C 182 20 403 coroners, article 6 80 20 381 dead bodies of human beings, article 3. 20 372 deaths to be reported 32 20 373 definitions 1 20 366 diseases, article 7 20 382 disinfection of premises 101 20 386 drainage, article 14 20 414 drink, food and, article 9 20 391 drugs and medicines, article 8 20 387 eggs, spots’^ forbidden employers to prevent occupational dis- eases 331 20 423 337 20 424 factory, defined 1 20 367 fats, rendering and melting 329 20 422 false statements 36 20 374 filling in land 252 20 414 food and drink, article 9 20 391 food in cold storage 71 20 380 garbage, article 13 20 407 heating of railroad cars 304 20 419 hospitals to have permits 220 20 407 houseboats 360 20 428 infectious diseases, article 7 20 382 inspectors not to be interfered with. . . . 186 20 403 lodging-house: defined 1 20 367 not to be overcrowded 56 20 378 regulated 334 20 424 manure, article 13 20 407 manufactories 55 20 378 marriages to be registered 34 20 374 meat. (See Food and Drink.) midwifery milk : adulterated prohibited 196 20 404 152 20 397 bottles and cans 159 20 400 buttermilk 158 20 400 condensed 154 20 398 grades and designatives 156, 157 20 399 modified milk 155 20 399 448 INDEX Sanita^ Code — Continued: section, ch. page misfeasance and nonfeasance 181 20 403 noise from animals and birds, forbidden 215 20 407 nuisance. (See Article 13.) from cinders, odors, etc 212 20 406 responsibility owner, lessee, etc., for 51,183 20 377,403 to be abated 185 20 403 nurses 219 20 407 occupations forbidden, article 17 20 420 offensive materials, article 13 20 407 omnibuses, article 15 20 418 orders Board Health to be obeyed 184 20 403 owner, responsible for nuisances 51, 183 20 377, 403 oysters, sale regulated 164 20 401 patent medicines 117 20 389 physician, defined 1 20 367 physicians to be registered 218 20 407 plumbing, article 14 20 414 poison, sale regulated 122 20 390 public place, defined 1 20 367 railroad cars, article 15 20 418 refuse, article 13 20 407 sale of food and drink 149, 150, 160 20 397, 400 school children to have health certif- icates 200 20 405 seamen, vessels and, article 18 20 426 sewerage, article 14 20 414 slaughtering 325-327 20 422 smoke, dense discharge of, forbidden.. . 211 20 405 smoking in subway 216 20 407 spitting forbidden 213 20 406 storage. (See Cold Storage.) streets: cleaning regulated 311 20 419 dirt not to obstruct 313 20 419 obstructions forbidden 312 20 419 tents and camps 217 20 407 theatre, defined 1 20 368 tobacco manufacturing 338 20 424 towels, not to be used in common 214 20 406 trades, what is forbidden, article 17 . . . 20 420 vacant lots, to be fenced and clean .... 251 20 413 vessels and seamen, article 18 20 426 water, drinking, article 9 20 391 wood alcohol, sale regulated 124 20 390 work-rooms 55 20 378 Sales in streets, article 4 23 288 Saving clause as to ordinances repealed .... 2 28 360 Seal of city 6 1 10 amendment , 362 Second-hand articles, dealers in, article 4. . . 14 231 Sewers and drains: borough presidents’ control 1 21 275 INDEX 449 Sewers and drains — Continued: builders or constructors, to be licensed. bond connections with; authorization fees mode and materials companies to be notified of changes in . injury to obstructions of private construction of prohibited discharges into; steam and hot water volatile inflammable oils violations water connections Shows. (See Amusements, Motion Pictures; Common Shows.) Show cases Show windows Shooting galleries Sidewalks. (See Streets.) Signals. (See Traffic Regulations.) Signs and show bills. (See Streets, Building Code.) Sinking Fund, regulations, article 1 Smoke and smoking. (See Sanitary Code.) Snow and ice, article 3 Speed. (See Traffic Regulations.) Speed of vehicles on bridges. . . .* Stands within stoop lines Stoops. (See Streets.) Storm-doors Street, meaning of Street railroads. (See Railroads.) Street cleaning: owners to reimburse expense removal refuse and rubbish, article 2 snow and ice, article 3 Street musicians: hand-organ grinders street musicians Streets. (See Sanitary Code.) advertising matter, distributing in assemblies: disorderly public worship street shows auctions awnings barriers, guards and lights bill-boards (theatrical) boundaries and monuments cleaning. (See Street Cleaning.) 29 SECTION. CH. PAGE. 13 21 276 13 21 276 10 21 275 12 21 276 10 21 275 14 21 277 23 21 278 20 .21 277 11 21 275 22 21 277 21 21 277 24 21 278 15 21 277 147 23 306 163 23 316 160 14 250 2 12 22 281 2 4 44 149 23 306 150 23 300 1 1 8 1 22 279 22 279 22 281 170 14 250 171 14 251 10 23 287 23 23 288 20 23 288 22 23 288 30 23 288 40-44 23 289 3 23 285 12 23 287 50-52 23 291 450 INDEX Streets — Continued: section, ch. page. closing, temporarily 1 23 285 construction and repairs 60-65 23 292 curbing 63 23 293 debris of construction, removal 65 23 293 disturbance of surface 80-82 23 294 elevated railroads; droppings from. ... 1 19 271 excavations 90-98 23 295 flower pots on window ledges 250 23 331 grade crossings 32 19 273 gutter stones 63 23 292 hospital 131 23 300 house numbering 110-112 23 298 landmarks, disturbance 50-52 23 291 lights 120-122 23 299 loafers and loungers 23 23 288 mortar mixing on pavement 142 23 304 musicians 170-171 14 250 noises 130-136 23 300 obstructions and encumbrances 140-152 23 302 barber poles 145 23 305 building materials 142 23 303 earth, rocks and rubbish 143 23 304 house-moving 144 23 305 ornamental lamp-posts 145 23 305 posts and poles 145 23 305 railroad trains 33 19 274 removal of 151 23 309 show-cases 147 23 306 stairways and hoistways 148 23 306 stands within stoop lines 149 23 306 storm-doors 150 23 309 vehicles and merchandise 152 23 310 paving 61 23 292 projections and encroachments 160-170 23 313 areas 161 23 315 balustrades 162 23 315 bay windows 163 23 316 cellar doors and steps 164 23 319 courtyards 165 23 319 ornamental 166 23 319 park-streets 60-62 17 267 porches, platforms, stoops 167 23 320 removal of unauthorized 168 23 320 restricted streets 160 23 313 show windows 163 23 316 public worship in 20 23 288 replacement of pavement 96 23 297 restricted against peddlers 133 23 301 sales (salted meat and fish) 31 23 289 school 132 23 300 sidewalk bridges 141 23 303 sidewalks 141 23 303 INDEX 451 Streets — Continued : boardwalks carriageways ^across composition defacement or injury drains across interference with obstruction of owners may lay paving width violations signs and show bills: electric signs existing signs general provisions ground and roof signs ground signs inspection of public, protection of roof signs unlawful unsafe wall signs tanbark, use of throwing missiles forbidden traffic regulations. (See Traffic Regu- lations.) trees and shrubs in unsafe conditions, precautions vaults and cisterns width (Brooklyn) Sunday amusements and exhibitions ...... Surface railroads. (See Railroads.) SECTION. CH. PAGE. 83 23 323 185 23 323 180 23 321 187 23 323 182 23 322 186 23 323 188 23 324 185 23 . 323 180 23 321 181 23 322 189 23 324 215 23 327 218 23 328 210 23 325 211 23 325 212 23 326 221 23 328 222 23 328 213 23 326 217 23 328 216 23 327 214 23 327 252 23 332 251 23 331 70 17 269 2 23 285 240-244 23 329 64 23 293 10 3 33 T Taxes and assessments: apportionment fees for bills and searches Taxicabs. (See Hacks.) Theatres. (See Amusements; Motion Pic- tures; Fire Prevention; Building Code.) Throwing stones (and other missiles), pro- hibited Ticket speculators Traffic regulations: ^ advertising vehicles bicycles city owned automobiles curb, defined drivers, age limit driving (rules of the road) 266 2 28 265 2 28 251 23 331 12 3 35 30 24 340 31 24 340 33 24 340 1 24 333 10 24 334 11 24 334 452 INDEX Traffic regulations — Continued: SECTION. CH. PAGE. automobile stop signal 11 24 335 crossing streets 11 24 334 keeping to right 11 24 334 meeting 11 24 334 obstructing traffic 11 24 335 overloading team 11 24 335 overtaking 11 24 334 slowing-up signal 11 24 334 slow-moving vehicles 11 24 334 standing at curb 11 24 335 stopping 11 24 335 stop signal to motor cars 11 24 335 turning 11 24 334 to right, into another street . . . . 11 24 334 to left, into another street 11 24 334 enforcement 42 24 343 ice wagons, projecting scales 35 24 341 lights 12 24 335 motor vehicle mufflers 36 24 341 Ocean parkway, restrictions 37 24 342 park regulations 30-42 16 264 peddlers, venders and hawkers: standing 13 24 336 streets restricted against 13 24 336 police to enforce 42 24 342 processions and parades 38 24 342 racing in streets 34 24 341 reasonable care required 41 24 343 riding on back of vehicles 14 24 336 right of way 15 24 336 roadway, defined 1 24 333 sidewalks: driving across 16 24 337 obstructing 16 24 337 sleighs, bells required 39 24 343 speed of vehicles: general provisions 17 24 337 approaching bridges 17 24 338 meeting street cars 17 24 338 on congested streets 17 24 338 overtaking street cars 17 24 338 passing public schools 17 24 338 turning corners 17 24 338 unrestricted vehicles 17 24 338 stopping for buses and cars 18 24 339 trade wagons 40 24 343 vehicles: defined 1 24 333 obstructing sidewalks 16 24 337 Traffic regulations in parks, article 2. . . . 17 264 INDEX 453 V SECTION. CH. PAGE. Vaults and cisterns, article 17 Vehicles. (See Traffic Regulations.) Vessels. (See Docks.) Violations. (See separate articles.) 23 329 fine for W 10 27 359 Waste material, sale of Water front property. (See Docks.) 12 1 11 Water front property, meaning of Water supply: 1 1 8 general provisions, article 1 25 344 rents and charges, article 2 use: 25 345 private traffic in washing down from house connec- 41 25 348 tions 42 25 348 watering horses 44 25 349 Weighers of hay, article 15 Weights and measures: 14 251 bureau, power and duties, article 1 . . . . 26 350 regulation and testing, article 2 . . . Wharfage. (See Docks.) 26 351 ADDENDA COSBY’S CODE OF ORDINANCES, 1915 WITH ALL AMENDMENTS TO GENERAL ORDINANCES, THE BUILDING CODE, THE SANITARY CODE, THE PARK REGULATIONS, UP TO AND INCLUDING NOVEMBER 1, 1915 COMPILED BY ARTHUR F. COSBY THE BANKS LAW PUBLISHING COMPANY 23 PARK PLACE, NEW YORK 1915 Copyright, 1915, BY THE BANKS LAW PUBLISHING COMPANY ADDENDA TO COSBY’S ORDINANCES 1915 Chapter 1. — General Provisions. Article 2. — Miscellaneous Regulations, Section 2. City seal. 3. Official city flag. 4. Mayor’s flag. 5. Flags and decorations on city hall. 6. Publication of general ordinances. 7. Designation of acting head of department. 8. Office hours. 9. Meetings of boards. 10. Municipal reference library to have reports, etc. 11. Sales of waste material. Section 2. City seal. a. Description. The corporate seal of The City of New York, as adopted by the common council on July 24, 1686, with the alteration adopted by the common council on March 16, 1784, is hereby re-established, and the following device is hereby adopted as the device of said seal, to wit: Arms: Upon a shield, saltire-wise, the sails of a windmill. Between the sails, in chief a beaver, in base a beaver, and on each flank a flour barrel; Supporters: Dexter, a sailor, his right arm bent, and holding in his right hand a plummet; his left arm bent, his left hand resting on the top of the shield; above his right shoulder a cross-staff. Smister, an Indian of Manhattan, his right arm bent, his right hand Vesting on the top of the shield, his left hand holding the upper end of a bow, the lower end of which rests on the ground. Shield and sup- porters resting upon a horizontal laurel branch; Date: Beneath the horizontal laurel branch the date 1664, being the year of the capture of New Amsterdam by the English and the first use of the name of the City of New York; Crest: Upon a hemisphere, an American eagle with wings dis- played; Legend: Upon a ribbon encircling the lower half of the design the words ^‘Sigillum Civitatis Novi Eboraci”; The whole encircled by a laurel wreath. b. Design. The following design is hereby adopted as the official and standard design of such corporate seal: 1 2 CHAPTER 1 c. Execution and custody of. The city clerk shall cause to be executed and cast in bronze a model of the foregoing design as the standard corporate seal of the city and shall keep the same in his custody. The city clerk shall also cause the said design to be en- graved in accurate conformity therewith upon metal as the seal of the city and shall keep and affix the same, as provided in § 31 of the charter; and he shall also provide in the same manner for all other officers of the city who are required or authorized by law to have or use the corporate seal of the city. d. Date of effect and use of. On and after June 24, 1915, the said seal shall be used for all requisite purposes and all representations of the seal of the city impressed or printed on and after said date on documents, publications or stationery issued or used by or in the name or under the authority of the city or of any borough or depart- ment thereof, or carved, or otherwise represented on buildings or structures owned by the city; or otherwise officially portrayed shall be in exact conformity v/ith the aforesaid standard design without alteration or addition, except that the legend “Sigillum Civitatis Novi Eboraci^’ may be omitted when the design is used on the ADMIN 1 STRATI V E PROVISIONS 3 city flag or for architectural or ornamental purposes. The seals now in use by the city clerk and by any other city officers shall be defaced and cancelled on said date by the city clerk and shall remain in his custody. (Amend., app., May 1, 1915.) § 3. Official city flag. The following design is hereby adopted as the design of the official flag of the city and as a substitute for the flag now in use, to wit: A flag combining the colors orange, white and blue, arranged in perpendicular bars of equal dimensions (the blue being nearest to the flagstaff) with the standard design of the seal of the city in blue upon the middle, or white bar, omitting the legend ^‘Sigillum Civi- tatis Novi Eboraci,^^ which said colors shall be the same as those of the flag of the United Netherlands in use in the year 1626. (Amend., app.. May 1, 1915.) § 4. Mayor’s flag. The official flag of the mayor shall be the same in design as the official flag of the city, except that upon the middle or white bar there shall be above the design of the seal in a semi-circle, five blue-pointed stars, typifying the five boroughs of the city ; the dimensions of such flag shall be thirty-three inches by forty-four inches. (Amend, app. May 1, 1915.) § 5. Flags and decorations on city hall. All power and authority to display flags or other decorations on, in or about the city hall, or other public buildings within the City Hall park, is hereby vested in the mayor, unless otherwise ordered by the board of aldermen, by a vote of a majority of all the members elected to the board. (Amend., app.. May 1, 1915.) The section numbers of this article were renumbered as above by the amend- ment approved May 1, 1915. §6. 2. Adopted and approved ordinances. The clerk of the board of aldermen shall cause 1,000 copies of each general ordinance to be published in separate leaflet form, consecutively numbered and paged in the form and style of the Session Laws of the State of New York, within 10 days after its approval by the mayor, or upon its taking effect without his approval or disapproval, or after reconsider- ation and readoption by the board of aldermen subsequent to his dis- approval thereof, as provided by section 40 of the charter, as amended and supplemented. The clerk shall also cause to be compiled a proper index of all such general ordinances for the current calendar year and for each year thereafter, which shall be published, during the month of January of the succeeding year, in the City Record and as a pamphlet, the pages of which shall be of the same size as that of the leaflets containing such general ordinances. (Amend., May 25, 1915.) Chapter 2. — Administrative Provisions. Article 9. — City Marshals. Section 230. City marshals; badges. The mayor is hereby au- thorized to prescribe the style, form and size of a badge to be known and designated as the city marshals’ official badge, a description of which he shall file in the office of the city clerk. Each city marshal 4 CHAPTER 2 shall provide himself, at his own expense, with one of such badges, and shall wear the same at all times while engaged in the discharge of his duties. At all times every city marshal shall display his badge, upon demand. Upon cessation from duty as or upon the expiration of the term of a city marshal, he shall forthwith surrender his of- ficial badge to the city clerk, who is hereby authorized to refund the sum originally charged therefor. (Amend., May 25, 1915.) Article 10. — City Surveyors. Section 240. Board of examiners. 241. Appointment of surveyors. Section 240. There is hereby constituted a board to be known as the examining board of city surveyors, which shall consist of the chief engineer of the board of estimate and apportionment, ex-officio, of two engineers appointed by the board of aldermen from the con- sulting or topographical engineers in the regular employ of the city and of two city surveyors, who shall be appointed by the board of aldermen. The terms of office of the first examiners so appointed, except the chief engineer of the board of estimate and apportion- ment, shall be one, two, three and four years, respectively, as desig- nated by the board of aldermen, and until their successors are ap- pointed; and as their terms respectively expire their successors shall be appointed for a full term of four years, which shall thereafter be the full and regular term of office of said examiners. The examining board of city surveyors shall have the power and it shall be their duty: to meet at stated intervals, and specially when the board of aldermen shall in writing request them so to do; to examine all persons who may desire to be appointed surveyors of The City of New York by tests, which will determine their com- petency and fitness, and who shall present a receipt from the city clerk showing that the examining fee, as hereinafter provided, has been paid; to certify to the board of aldermen within ten days after an examination has been held a list in the order of standing of all those applicants who have qualified in such examination. No person shall be examined as hereinbefore provided until an examining fee of five dollars shall have been paid to the city clerk, who is hereby authorized and directed to receive the same and to issue a receipt therefor, and the fee so collected shall be paid by the city clerk into the treasury of The City of New York. § 241. There shall be so many surveyors for The City of New York as the board of aldermen shall from time to time appoint; but hereafter no appointment shall be made except from a list certified to the board of aldermen by the examining board of city surveyors, as hereinbefore provided. Each city surveyor before entering upon the duties of his office, shall take an oath well and truly to perform the same. (Amend., App. May 1, 1915.) This article, as amended above, repealed former sections 240, 241, 242, 243 and 244. AMUSEMENTS AND EXHIBITIONS 5 Chapter 3. — Amusements and Exhibitions. Article 2. Section 42. Private or non-professional exhibitions of motion pic- tures. The provisions of this article shall not apply to motion picture exhibitions, with or without charge for admission, conducted under the direct management of educational or religious institutions, nor to motion picture exhibitions, without charge for admission, given or held not more than once a week in private residences or in bona fide social, scientific, political or athletic clubs, nor to any motion picture exhibitions in which the apparatus for projecting such mo- tion pictures uses only an enclosed incandescent lamp, only cellulose acetate or other slow-burning film of a size or perforation differing from the Standard as used in theatrical machines, and is approved by the Fire Commissioner as being unsuitable for the use of in- flammable motion picture films; provided: 1. Before motion pictures shall be exhibited, in any of the places above mentioned, there shall be obtained from the commissioner of licenses a permit for such exhibition; 2. Before granting such permit, the commissioner shall cause to be inspected the premises where it is proposed that exhibition shall be held, and shall grant the permit if, in his judgment, the safety of the public is properly guarded, and provided that, for an audience of more than 75 people, all chairs or seats shall be securely fastened to the floor or fastened together in rows; 3. The apparatus for projecting such motion pictures shall be contained in a fire-proof booth or enclosure constructed as required by the law; except the apparatus or motion picture machine uses only cellulose acetate films of a size or perforation differing from the Standard as used in theatrical machines, and uses only an en- closed incandescent lamp and is approved by the Fire Commis- sioner as being unsuitable for the use of inflammable motion picture films. 4. Every such exhibition shall be subject to the inspection of the officers and inspectors of the department of licenses, for the pur- poses of this article. 5. Should a charge for admission be made for any exhibition herein referred to, or any revenue derived therefrom directly or indirectly, the coinmissioner of licenses may, in his discretion, im- pose a fee for the issuance of such permit, which said fee, however, shall not exceed the rate of S5 per month for the period for which the permit is sought. 6. Nothing contained in the above paragraphs of this section shall be so construed as' to permit any person, association or club except educational or religious institutions to hold any motion picture exhibitions where an admission is charged without the payment of such license fee as is provided for in section 32, article 2, chapter 3 of this ordinance. (Amend., July 16, 1915.) 6 CHAPTER 5 Chapter 5. — Building Code. Article 2. — Materials. (As amended May 1, 1916.) Section 20. Quality of materials. 21. Weights of materials. 22. Tests. 23. Brick. 24. Sand. 25. Lime. 26. Cement. 27. Mortar. 28. Concrete. 29. Hollow building blocks 30. Iron and steel. 31. Timber. Section 20. Quality of materials. All building materials shall be of a quality to meet the intent of this chapter, and shall conform to such specifications, consistent with the requirements of this chapter, as may be promulgated by the superintendents of buildings. § 21. Weights 9 ! materials. The weights of various materials in pounds per cubic foot shall be assumed to be as follows: Brickwork 120 Concrete, cinder, used for floor arches or slabs 108 Concrete, cinder, used for filling over fireproof floors 60 Concrete, stone 144 Granite, bluestone and marble 168 Limestone 156 Sandstone 144 Oak and longleaf yellow pine 48 Spruce, fir, hemlock, white pine and shortleaf yellow pine 30 § 22. Tests. 1. When required. New structural material, or structural material not otherwise provided for in this chapter shall be subjected to such tests to determine its character and quality, as the superintendent of buildings shall direct. Appliances ana devices required by any of the provisions of this chapter and new methods of construction shall be subjected to such tests to deter- mine their efficiency, as the superintendent of buildings may direct. Such tests as may be required under this section shall be described in rules promulgated by the superintendent of buildings. 2 . Tests of materials. All tests shall be conducted under the supervision of the superintendent of buildings, or his authorized representative. Laboratory tests shall be conducted at a testing laboratory of recognized standing. A superintendent of buildings conducting a test under the provisions of this section shall notify the superintendents of buildings of the other boroughs at least three days in advance of such test. 3. Approval. Any material, appliance, or method of construc- tion meeting the requirements of this chapter or the specifications authorized thereunder shall be approved within a reasonable time after the completion of the tests. All such approvals and the condi- BUILDING CODE 7 tions under which they are issued shall be published in the City Record within a month after issuance, and a complete list of all such approvals issued during the year shall be included in the annual report of the superintendent of buildings. The superintendent of buildings may prohibit the use of any material or appliance failing to conform to the requirements of this chapter or to the rules adopted thereunder. 4. Conditions attaching to approvals. Materials, appliances or methods of construction which have been tested and approved shall be used and installed in accordance with the terms of the approval. So far as practicable all materials and appliances for which approvals have been issued shall have a distinctive brand mark for identifica- tion impressed on or otherwise attached to them. It shall be un- lawful to use any such brand mark on any other material or ap- pliance than that for which the approval was issued. 5. Additional tests. The superintendent of buildings may re- quire any tests to be repeated if there is any reason to believe that the material or appliance is no longer up to the specifications on which the approval was based. § 23. Brick. The brick used in the construction of buildings shall be sound, well burnt brick. When old brick are used in any wall they shall be thoroughly cleaned before being used, and shall be whole and good, hard, well burnt brick. § 24. Sand. The sand used for building construction shall be clean, sharp, coarse and silicious. § 25. Lime. Quick lime and hydrated lime shall conform to such specifications as may be promulgated by the superintendent of buildings, or, in the absence of such specifications, with the standard specifications of the American Society for Testing Materials. § 26. Cement. Portland and natural cements shall conform to such specifications as may be promulgated by the superintendent of buildings in accordance with the provisions of this chapter, or, in the absence of such specifications, with the standard specifications of the American Society for Testing Materials. § 27. Mortar. 1. Cement. Cement mortar shall be made of cement and sand in the proportion of 1 part of cement and not more than 3 parts of sand by volume, or, in the case of bag mortars pre- pared under rules promulgated by the superintendent of buildings, in such proportion that the tensile strength per square inch at the age of 28 days shall be not less than 250 pounds when Portland ce- ment is used, and 125 pounds when natural cement is used. Cement mortar shall be thoroughly mixed and shall be used immediately after the addition of water. Not more than 15 per cent, of the cement by volume may be replaced by an equal volume of lime. 2. Cement and lime. Cement-lime mortar shall be made of 1 part of lime, 1 part of cement and not more than 3 parts of sand to each by volume. 3. Lime. Except as may be otherwise provided, lime mortar shall be made of 1 part of slacked lime, lime putty or dry hydrated lime, and not more than 4 parts of sand by volume. § 28. Concrete. 1. Mixture. Except as may be otherwise pro- vided in this chapter, concrete shall be made of 1 part of cement, 8 CHAPTER 5 and not more than 23^ parts of sand and 5 parts of coarse ag- gregate. 2. Aggregate. The coarse aggregate shall be granite, trap rock, gravel or other hard, durable material that may be approved by a rule of the superintendent of buildings. When gravel is used it shall be thoroughly washed. Where mass concrete is used, the course aggregates shall be of such size as will pass through a two-inch ring. All aggregates shall be free from dust or other deleterious material. 3. Consistency. All concrete shall be a wet mixture, and shall be placed in forms immediately after mixing, and well tamped. No concrete shall be used after initial set has begun. 4. Forms. All forms and centering shall be built in a substantial manner, and with joints sufficiently tight to prevent leakage of the cement. They shall be properly supported and braced as to safely sus- tain all the load that may be placed upon them during construction. 5. Joints in concrete. Joints formed between portions of concrete placed at different times shall be made in a manner not to injure the completed structure. Before fresh concrete is joined to concrete which has set or partially set, the surface of the old concrete shall be roughened, cleaned and thoroughly wet. 6. Precautions against freezing. No materials containing frost or that are frozen shall be used. Precaution shall be taken to prevent concrete from freezing. After it has been placed in position a temperature above 32 degrees F. shall be maintained, by artificial means if necessary, until the concrete has its initial set. § 29. Hollow building blocks. 1. Concrete. Hollow building blocks of concrete shall be made of Portland cement and suitable aggregate in such proportions as to develop at the age of 28 days an ultimate crushing strength per square inch of gross area of not less than 750 pounds when tested with the cells placed vertically and 300 pounds when tested with the cells placed horizontally. 2. Terra cotta. Hollow building blocks of terra cotta shall be sound, hard and well burnt and shall develop an ultimate crushing strength per square inch of gross area of not less than 1,200 pounds when tested with the cells placed vertically and 300 pounds with the cells placed horizontally. 3. Absorption. The absorption of hollow building blocks to be used for bearing or enclosing walls shall not exceed 12 per cent, in 48 hours as an average, nor more than 15 per cent, in any case. § 30. Iron and steel. 1. Cast iron. Cast iron shall be of good foundry mixture, producing a clean, tough, gray iron. It shall con- form to such specifications as may be promulgated by the superin- tendent of buildings, or, in the absence of such specifications, to the standard specifications of the American Society for Testing Ma- terials for medium gray iron castings. Castings shall be free of serious blowholes, cinder spots and cold shuts. 2. Cast steel. Steel castings for building construction shall be made of open hearth steel, and shall be practically free from blow- holes. Except as may be otherwise prescribed by rules of the super- intendent of buildings, they shall conform to the standard specifica- tions of the American Society for Testing Materials for soft or medium steel castings. BUILDING CODE 0 3. Structural steel. All structural steel for buildings shall have an ultimate tensile strength of from 55,000 pounds to 65,000 pounds per square inch. Rivet steel shall have an ultimate strength of from 46,000 to 56,000 pounds per square inch. Except as may be other- wise prescribed by the rules of the superintendent of buildings, steel shal] conform to the standard specifications of the American Society for Testing Materials for structural steel for buildings. § 31. Timber. All timbers and wood beams used in any building shall be of good sound material, free from rot, large and loose knots, shakes or any imperfection whereby the strength may be impaired. Article 3. — Working Stresses and Loads (As amended May 1, 1915.) Section 50. General provisions. 51. Working stresses. 52. Working stresses for columns. 53. Loads. 54. Wind pressure. ^ 55. Floor capacities. Section 50. General provisions. 1. Computations. The dimen- sions of the several materials and the form of each construction to be used in building shall be computed as required in the various sections of this chapter. 2. Factors of safety. Where the unit stress of any material is not prescribed in this chapter the relation of allowable unit stress to ultimate strength shall be as 1 to 4 for metals, as 1 to 6 for timber, and as 1 to 10 for natural or artificial stones and brick or stone masonry. But wherever working stresses are prescribed in this chapter, the said working stresses shall be used. 3. Temporary supports. Every temporary support placed under any building or structure, or any part thereof, during the erection, finishing, alteration, or repairing of such building or structure or any part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. § 51. Working stresses. 1. Safe carrying capacity. The safe carrying capacity of the various materials of construction, except in the case of columns, shall be determined by the working stresses in pounds per square inch specified in this section. Unless otherwise indicated, net sectional areas shall be used in determining the safe carrying capacity. 2. Iron and steel, (a) In compression. Rolled steel 16,000 Cast steel 16,000 Cast iron 16,000 Steel pins in bearing 24,000 Steel rivets, shop or power driven, in bearing 24,000 Steel field rivets, hand driven, in nearing 16,000 Steel field bolts, in bearing 12,000 (b) In tension. Rolled steel 16,000 Cast steel 16,000 10 CHAPTER 5 Cast iron 3,000 (c) In shear. Steel web plates 10,000 Steel pins and shop or power driven rivets 12,000 Steel field rivets, hand driven 8,000 Steel field bolts 7,000 Cast iron 3,000 (d) In bending extreme fibre. Rolled steel beams and riveted steel beams 16,000 Rolled steel pins, rivets or bolts 20,000 Cast iron, compression side 16,000 Cast iron, tension side 3,000 3. Timber, (a) In compression. Yellow pine, longleaf with grain 1,600, across grain 1,000 White pine, shortleaf yellow pine. Hemlock with grain 800, across grain 800 (b) In tension. Oak..... 1,200 Yellow pine, longleaf 1,200 Shortleaf yellow pine 900 Douglas fir 800 Spruce and fir 800 White pine 700 Hemlock 600 (c) In shear. Oak with grain 200, across grain 1,000 Shortleaf yellow pine, N. C. pine. White pine, spruce and fir with grain 100, across grain 500 (d) In bending, extreme fibre. Oak 1,200 Yellow pine, longleaf 1,600 Douglas fir, white pine and spruce 1,200 Shortleaf yellow pine, N. C. pine 1,000 Hemlock... 800 4. Stone, in compression. Granite 1,000 Greenwich stone 1,200 Gneiss 1,000 Limestone 700 Marble 600 Sandstone 400 Bluestone, North River 2,000 Slate 1,000 5. Masonry in compression. Grout, neat portland cement 1,000 BUILDING CODE 11 Grout, neat natural cement 500 Concrete, portland cement, 1:2:4 500 Concrete, portland cement, 1:2 3^:5 400 Concrete, natural cement, 1:2:4 210 Concrete, natural cement, 1:23^:5 150 Brick work in portland cement mortar 250 Brick work in natural cement mortar 210 Brick work in lime-cement mortar 160 Brick work in lime mortar 110 Rubble stone work in portland cement mortar 140 Rubble stone work in natural cement mortar 110 Rubble stone work in lime-cement mortar 100 Ashlar masonry, other than sandstone 600 Sandstone ashlar masonry 300 Hollow building blocks in cement mortar. Terra cotta, cells vertical, gross area 100 Terra cotta, cells horizontal, gross area 50 Concrete, cells vertical, gross area 75 Concrete, cells horizontal, gross area 30 when filled with 1:3:6 concrete or better 150 § 52. Working stresses for columns. 1. General. In columns or compression members with flat ends, of cast iron, steel or wood, the stresses shall not exceed those specified in this section for the re- spective ratios of slenderness. For intermediate ratio of slenderness the working stresses shall be proportionate to those given. 2. Unsupported lengths. Columns and compression members shall not be used having an unsupported length of greater ratios than given in this section. 3. Eccentrically loaded columns. Any column eccentrically loaded shall have the stresses caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the column, added to all other stresses at that part, shall in no case exceed the working stresses given in this section. The ec- centric load of a column may be considered to be distributed equally over the entire area of that column at the next point below that at which the column is securely braced laterally in the direction of the eccentricity. 4. Cast iron and steel columns. The working stresses in pounds per square inch of cross section for cast iron and steel columns shall be, when the length divided by the least radius of gyration 120 7,600 for steel 110 8,300 for steel 100 9,000 for steel 90 9,700 for steel 80 10,400 for steel 70 6,200 for cast iron, 11,100 for steel 60 6,600 for cast iron, 11,800 for steel 50 7,000 for cast iron, 12,500 for steel 40 7,400 for cast iron, 13,200 for steel 30 7,800 for cast iron, 13,900 for steel 20 8,200 for cast iron, 14,600 for steel 10 8,600 for cast iron, 15,300 for steel 12 CHAPTER 5 5. Wood columns. The working stresses in pounds per square inch of cross section for wood posts and columns shall be, when the length divided by least side or diameter equals 30 600 for longleaf yellow pine, 390 for spruce 25 700 for longleaf yellow pine, 475 for spruce 20 800 for longleaf yellow pine, 560 for spruce 15 900 for longleaf yellow pine, 645 for spruce 12 960 for longleaf yellow pine, 696 for spruce 10 1,000 for longleaf yellow pine, 730 for spruce For columns of shortleaf yellow pine, N. C. pine or Douglas fir the working stresses shall not exceed three-fourths of the correspond- ing values given for longleaf yellow pine; for columns of white pine or fir the working stresses shall be takeh the same as for spruce; for columns of white oak the working stresses shall be taken the same as for longleaf yellow pine. 6. Places of public assembly. In a building containing a place of public assembly, not less than 90 pounds upon every superficial foot. 7. Schools. In a building used as a school or place of instruction, not less than 75 pounds upon every superficial foot. 8. Stables and carriage houses. In a building used as a stable or carriage house, not less than 75 pounds upon every superficial foot. § 53. Loads. 1. Dead load. The term ^‘dead load^^ means the weight of walls, partitions, framing, doors, roofs and all permanent construction entering into any building. 2. Live load. The term ‘Tive load’^ means all forms of loading other than the weight of the material entering into the construction of the building. 3. Floor loads. Every floor, roof, yard, court or sidewalk shall be of sufficient strength in all parts to bear safely any imposed loads, whether permanent or temporary, in addition to the dead loads depending thereon, provided, however, that no floor in any building or extension to an existing building hereafter erected, shall be de- signed to carry less than the following live loads per square foot of area, uniformly distributed according as the floor may be intended or used for the purposes indicated. 40 pounds for residence purposes. 100 pounds for places of assembly or public purpose, except that for classrooms of schools or other places of instruction the floor need not be designed for more than 75 pounds, and 120 pounds for any other purpose, except that the floors of offices need not be designed for more than 60 pounds. The live loads for which any and every floor may be designed shall be clearly shown in the application and on the plans before any permit to erect is issued. 4. Concentrated loads. Every steel floor beam in any building hereafter erected used for any business purpose shall be capable of sustaining a live load concentrated at its centre of at least 4,000 pounds. 5. Moving loads. Running machinery or other moving loads shall be considered as increasing the live loads in proportion to the degree of vibratory impulse transmitted to the floor. 6. Roof loads. Every roof hereafter erected shall be propor- UUILDING CODE 13 tioned to bear safely a live load of 40 pounds per square foot of sur- face when the pitch of such roof is twenty degrees or less with the horizontal, and thirty pounds per square foot measured on a hori- zontal plane, when the pitch is more than twenty degrees. 7. Loads on vertical supports. Every column, post or other vertical support shall be of sufficient strength to bear safely the combined live and dead loads of such portions of each and every floor as depend upon it for support, except that in buildings more than five stories in height the live load on the floor next below the top floor may be assumed at ninety-five per cent, of the allowable live load, on the next lower floor at ninety per cent, and on each succeeding lower floor at correspondingly decreasing percentages, provided that in no case shall less than fifty per cent, of the allow- able live load be assumed. 8. Sidewalk loads. For sidewalks between the curb and building lines, the live load shall be taken at 300 pounds per square foot. 9. Yard and court loads. For yards and courts inside the build- ing line, the live loads shall be taken at not less than 120 pounds per square foot. § 54. Wind pressure. 1. When considered. All buildings over 150 feet in height and all buildings or parts of buildings in which the height is more than four times the minimum horizontal dimension, shall be designed to resist a horizontal wind pressure of 30 pounds for every square foot of exposed surface measured from the ground to the top of the struc- ture, including roof, allowing for wind in any direction. 2. Stability. The overturning moment due to wind pressure shall not exceed 75 per cent, of the moment of stability of the struc-: ture, unless the structure is securely anchored to the foundation. Anchors shall be of sufficient strength to safely carry the excess overturning moment, without exceeding the working stresses pre-^ scribed in this chapter. 3. Allowable stresses. When the stress in any member due to wind does not exceed 50 per cent, of the stress due to live and dead loads, it may be neglected. When such stress exceeds 50 per cent, of the stress due to live and dead loads, the working stresses pre- scribed in this chapter may be increased by 50 per cent, in designing such member to resist the combined stresses. § 55. Floor capacities. 1. Estimate of floor capacity. In every building now existing or hereafter erected, occupied wholly or in part as a business building, in which heavy materials are kept or stored, or machinery is intro- duced, the weight that each floor will safely sustain shall be esti- mated by the owner or occupant, or by a competent person employed by the owner or occupant. Such estimate shall be filed with the superintendent of buildings, properly verified by the person making ,the same in such manner as such superintendent may direct, and shall give full information on which the estimate is based. When such estimate is found to be satisfactory and correct, the superin- tendent of buildings shall approve the same If the superintendent of buildings shall have cause to doubt the correctness of said estimate, he is empowered to revise and correct 14 CHAPTER 5 the same and for the purpose of such revision the officers and em- ployes of the bureau of buildings may enter any building and re- move so much of any floor or other portion thereof as may be re- quired to make necessary measurements and examination. Any expense necessarily incurred in removing any floor or other portion of any building for the purpose of making any examination herein provided for shall be paid by the comptroller, upon the requisition of the superintendent of buildings, out of the fund paid over to him under the provisions of § 639 of this chapter. Such expenses shall be a charge against the person or persons by whom or on whose behalf said estimate was made, provided such examination proves the floors of insufficient strength to carry with safety the loads found upon them when such examination was made; and shall be collected in an action to be brought by the corporation counsel against said person or persons, and the sum so collected shall be paid over to the comptroller, to be deposited in said fund in reim- bursement of the amount paid as aforesaid. 2. Posting floor capacities. Before any building hereafter erected is occupied, in whole or in part, as a business building, and before any building already erected but not heretofore occupied as a busi- ness building is occupied or used, in whole or in part, for such pur- pose, the safe live load for each floor as approved by the superin- tendent of buildings shall be posted in a conspicuous place in the story to which it relates. When the safe live load for any existing floor, ascertained as hereinbefore provided, has been approved by the superintendent of buildings, the owner or occupant shall post such approved live load in a conspicuous place or places on each story occupied for any of the purposes indicated in this section. 3. Loading of floors. No person shall place, or cause or permit to be placed, on any floor of any building any greater load than the approved safe load. 4. Safes. No safe shall be placed on a stair landing or in a stair hall, nor shall its weight be carried by any beam which also carries the floor of any landing or stair hall. Section 2. The list of Articles at the head of Chapter 5 of the Code of Ordinances of the City of New York is hereby amended by sub- stituting ^‘Working stresses and loads’^ for ^‘Strength of materials as the title of Article 5. Article J+, — Classification of Buildings. • As amended Sept, i, 1915. > Section 70. Occupancy. 71. Construction. 72. When buildings are required to be fireproof. 73. When buildings may be non-fireproof. Section 70. Occupancy. 1. Classes designated. For the pur- poses of this chapter all buildings or structures shall be classified, with respect to occupancy and use, as public buildings, residence buildings and business buildings, as hereinafter specified and defined. 2. Public buildings. Public buildings are buildings or parts of BUILDING CODE 15 buildings in which persons congregate for civic, political, educa- tional, religious or recreational purposes, or in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained by reason of public or civic duty, or for correctional purposes, including among others, court houses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theatres, bath houses, hospitals, asylums, armories, fire houses, police stations, jails and passenger depots. 3. Residence buildings. Residence buildings are buildings or parts of buildings in which sleeping accommodations are provided, except such as may for other reasons be classed as public buildings, including among others, dwellings, tenement houses, hotels, lodging houses, dormitories, convents, and studios and club houses having sleeping accommodations. 4. Business buildings. Business buildings are buildings or parts of buildings, which are not public buildings or residence buildings, including among others, office buildings, stores, markets, restaurants, warehouses, freight depots, car barns, stables, garages, factories, laboratories, smoke houses, grain elevator and coal pockets. 5. Doubtful classification. In case any building is not specifically provided for or where there is any uncertainty as to its classification, its status shall be fixed by rule promulgated by the superintendent of buildings. 6. Mixed occupancy. In case a building is occupied or used for different purposes in different parts, the provisions of this chapter applying to each class of occupancy shall apply to such parts of the building as come within that class; and if there should be conflicting provisions, the requirements securing the greater safety shall apply. §71. Construction. 1. Classes of construction. For the purposes of this chapter, all buildings or structures shall be classified, with respect to construction, as fireproof, non-fireproof and frame. 2. Fireproof. Fireproof buildings or structures are those which are constructed throughout of materials that will resist the action of fire and are constructed as required in Article 17 of this chapter. 3. Non-fireproof. Non-fireproof buildings or structures are those which do not conform to the requirements for fireproof buildings or structures, but which are enclosed with walls of approved masonry or reinforced concrete. 4. Frame. Frame buildings or structures are those of which the exterior walls or any parts thereof are of wood, or which do not con- form to the requirements for fireproof or non-fireproof buildings. § 72. When buildings are required to be fireproof. 1. New buildings. Every building hereafter erected shall be a fireproof building, as follows: a. Every public building over 20 feet high, in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained under legal restraint; b. every other public building over 40 feet in height, or exceeding 5,000 square feet in area; c. every residence building, except tenements, over 40 feet in height and having more than 15 sleeping rooms; 16 CHAPTER 5 d. every tenement house exceeding six stories or parts of stories as provided in the Tenement House Law; e. every residence building having more than 15 sleeping rooms, and exceeding 2,500 square feet in area, unless divided by interior partition walls of approved masonry or reinforced concrete into sections of less than 2,500 square feet area; f. every other residence building over 75 feet in height; g. every business building used as a garage within the fire limits; every garage within the suburban limits exceeding 600 square feet in area or 15 feet in height, or not located as provided in § 91 of this chapter; and every garage, outside these restricted areas, over 40 feet in height; h. every business building used for a hazardous trade as indicated in §§ 171 and 212 of chapter 10 of this ordinance; i. every building over four stories in height used as a factory as defined in the Labor Law; j. every building or structure within the fire limits or the suburban limits used as a grain elevator or a coal pocket; k. every buisness building over 75 feet in height; l. every business building within the fire limits or the suburban limits which exceeds an area of 7,500 square feet when located on an interior lot or when facing on only one street, or 12,000 square feet when facing on two streets, or 15,000 square feet when facing on three or more streets, provided that when any such building is equipped throughout with an approved system of automatic sprink- lers, fireproof construction shall be required only when the areas exceed double those herein specified for the respective conditions, and provided also that when any such building is divided by approved interior fire walls, fireproof construction shall be required only when any undivided area exceeds 7,500 square feet. Buildings of greater areas than herein specified for the respective conditions may, considering location and purpose, be constructed non-fireproof by special permission of the superintendent of buildings, provided they do not exceed two stories in height. 2. Alterations, a. By extending. WTien any building now exist- ing is to be enlarged by extending it on any side so that the enlarged building would exceed the limits of height or area specified in sub- division 1 of this section for a new building, the extension or enlarge- ment shall be constructed fireproof, provided that, in case the exist- ing building is not of fireproof construction, the existing and new portions of the building shall be separated by fire walls. b. By raising in height. No building now existing shall be raised in height so as to exceed the limits of height specified in subdivision 1 of this section unless it is fireproof. § 73. When buildings may be non-fireproof. 1. New buildings Except when required by this article to be fireproof, or when per- mitted by Article 5 or Article 22 of this chapter to be frame, any building hereafter erected may be non-fireproof. 2. Alterations. Except when required by this article to be fire- proof, or when permitted by Article 5 or Article 30 of this chapter to be frame, any building which shall hereafter be enlarged in any manner, may be non-fireproof. BUILDING CODE 17 Article 12. — Excavations and Foundations. (its amended by ord. effective SepL 22 y 1915,) Section 230. Excavations. 231. Soil, bearing capacity. 232. Foundations, generally. 233. Footings. 234. Foundation piers and caissons. 235. Pile foundations. 236. Foundation walls. 237. Retaining walls. Section 230. Excavations. 1. Safeguarding generally. Until provision for permanent support has been made, all excavations shall be properly guarded and protected so as to prevent the same from becoming dangerous to life or limb and shall be sheet-piled, braced or shored, where necessary to prevent the adjoining earth from caving in, by the person causing the excavation to be made. 2. When retaining wall required. When an excavation is made on any lot, and provision for the support of adjoining earth is not otherwise made in accordance with law, the person making such excavation or causing it to be made shall, at his own cost and expense, except as may be provided in article 1 1 of this chapter or as herein- after provided in this section, build a retaining wall to support the adjoining earth; and such retaining wall shall be carried to the height of the adjoining earth, and be properly protected by coping. 3. Support of neighboring walls, a. When excavation exceeds ten feet. Whenever an excavation is intended to be, or shall be carried to the depth of more than ten feet below the curb, the person causing such excavation to be made shall at all times, if afforded the necessary license to enter upon the adjoining land, and not other- wise, at his own expense, preserve and protect from injury any wall, building or structure, the safety of which may be affected by said excavation, and support the same by proper foundations, whether the said wall, building or structure is down more or less than ten feet below the curb. If the necessary license is not accorded to the person making such excavation, then it shall be the duty of the owner refusing to grant such license to make such wall, building or structure safe, and to support the same by proper foundations; and, when necessary for that purpose, such owner shall be permitted to enter upon the premises where such excavation is to be made. b. When excavation does not exceed ten feet. If such excavation is not intended to be, or shall not be, carried to a depth of more than 10 feet below the curb, the owner of any wall, building or structure, the safety of which may be affected by said excavation, shall pre- serve and protect the same from injury, and support the same by proper foundation; and, when necessary for that purpose, shall be permitted to enter upon the premises where such excavation is to be made. In case such wall, building or structure, however, is so located that the curb to w’hich it is properly referred is at a higher level than the curb to which the excavation is referred, such part of any necessary underpinning or foundation as may be due to the difference in curb levels shall be made and maintained at the joint 2 IS CHAPTER 1 ) expense of the person causing the excavation to be made and the owner of such wall, building or structure. 4. Support of party wall. In case an adjoining party wall is intended to be used by the person causing the excavation to be made and such party wall is in good condition and sufficient for the uses of the existing and proposed buildings the person causing the ex- cavation to be made, shall, at his own expense, preserve such party wall from injury and support the same by proper foundations, so that said party wall shall be and remain practically as safe as before the excavation was commenced. 5. Superintendent of buildings may act. If the person whose duty it shall be under the provisions of this chapter to properly guard and protect an excavation, or to prevent adjoining earth from caving in, or to preserve or protect any wall, building or structure from injury, shall neglect or fail so to do after having had a notice of 24 hours from the superintendent of buildings, such superintendent may enter upon the premises and employ such labor, and furnish such materials and take such steps as, in his judgment, may be necessary to prevent adjoining earth from caving in or to make such wall, building or structure safe and secure, or to prevent the same from becoming unsafe or dangerous, at the expense of the person whose duty it is to keep the same safe and secure. The City of New York or any person doing the said work, or any part thereof, under and by direction of a superintendent of buildings, may being and maintain an action against the person last herein referred to, to recover the value of the work done and materials furnished, in and about the said premises, in the same manner as if he had been employed to do the work by the said person. § 231. Soil, bearing capacity. 1. Indicative statement required. Applications for permits for new buildings, and, when necessary, for alterations to existing building shall contain a statement of the character of the soil at the level of the footings. 2. Presumptive capacities. In the absence of a satisfactory test of the sustaining power of the soil, different soils, excluding mud, shall be deemed to safely sustain the following loads to the super- ficial foot, namely: Soft clay 1 ton Wet sand 2 tons Firm clay 2 tons Sand and clay, mixed or in layers 2 tons Fine and dry sand 3 tons Hard dry clay 4 tons Coarse sand 4 tons Gravel 6 tons Soft rock 8 tons Hard pan 10 tons Medium rock 15 tons Hard rock 40 tons In case the soil under the footings of any one building is partly rock and partly yielding soil, the bearing capacity of the yielding soil shall be taken at not more than one-half of the capacity other- wise allowed. BUILDING CODE M) 3. Soil tests. When a doubt arises as to the safe sustaining power of the soil upon which a building is to be erected, the superintendent of buildings may order borings to be made, or he may direct the sustaining power of the soil to be tested in accordance with the methods established by the rules of the superintendent of buildings, by and at the expense of the owner of the proposed building. Where a test is made of the sustaining power of the soil the superintendent of buildings shall be notified so that he may be present in person or by representative. The record of the test shall be filed in the bureau of buildings. § 232. Foundations, generally. 1. General requirements. Every building, except buildings erected upon solid rock or upon wharves or piers on the water front, shall have foundations of brick, or other approved masonry, iron or steel, laid not less than four feet below the surface of the earth, on the solid ground or level surface of rock, or upon piles or ranging timbers when solid earth or rock is not found. 2. Protection of metal work. Where metal is incorporated in or forms part of a foundation, it shall be thoroughly protected from ruse by paint, asphaltum, concrete, or by such materials and in such manner as may be approved by the superintendent of buildings. § 233. Footings. 1. Materials. The footings of foundation walls shall consist of footing stones, concrete, reinforced concrete con- struction or steel grillages. Wood footings may be used if they are entirely below the permanent water level. 2. Footing stones. Footing stones shall not be less than 2 by 3 feet, they shall be not less than 8 inches in thickness for walls, nor less than 10 inches in thickness under piers, columns or posts. Foot- ing stones shall be well bedded and laid crosswise, edge to edge. 3. Concrete footings. Concrete footings shall be not less than 12 inches thick, except that for frame buildings the thickness may be not less than 8 inches. 4. Steel grillages. When grillage beams, resting on a proper con- crete bed, are used, they shall be provided with separators and bolts and shall be inclosed and filled solid between with concrete. 5. Pressure under footings. For the loads exerting pressure under the footings of foundations the full dead loads and the figured live loads on the lowest tier of columns, piers or walls shall be taken. For this purpose the reduced live loads permitted by subdivision 7 of § 53 of this chapter may be used. 6. Design. Footings shall be so designed that the loads they sustain per unit of area shall be as nearly imiform as possible and within the bearing capacities of soils established by this article, and that the stresses in the materials shall not exceed those fixed by this chapter. In proportioning the areas of footings for any building the dead loads alone shall be considered, provided, however, that in no case shall the pressure under the footings as determined in sub- division 5 of this section, exceed the safe load on the soil estabhshed by this article. § 234. Foundation piers and caissons. The foundations of any building may be carried down to rock or hard pan by isolated piers of approved masonry or reinforced concrete, or by open or pneu- matic caissons, so designed that the working stresses in the ma- terials and the loads on the rock or hardpan do not exceed those established by this chapter. § 235. Pile foundations. 1. General requirements. Piles in- tended to sustain a wall or building, or any part thereof, shall be driven to a solid bearing, if practicable to do so, and the method of driving shall be such as not to impair their strength. No pile or group of piles shall be loaded eccentrically. Any type of pile con- struction not provided for in this section shall meet such require- ments as may be prescribed by the rules of the superintendent of buildings. 2. Wood piles, a. Quality and size. Wood piles shall be of ap- proved timber, sound and straight. The diameter at the point shall be not less than 6 inches. The diameter at the butt shall be not less than 10 inches for piles not over 25 feet in length, and not less than 12 inches at the butt for piles of greater length. b. Allowable loads. The safe sustaining power of any wood pile ..in tons shall be taken as twice the weight of the hammer in tons multiplied by the height of the fall in feet, divided by the average penetration of the pile in inches under the last five blows, plus one, when a drop hammer is used for driving, and as twice the weight of the hammer in tons multiplied by the height of the fall in feet, di- vided by the average penetration in inches under the last five blows, plus one-tenth, when a steam hammer is used for driving, provided that the driving has reached such a point when successive blows produce approximately equal penetration. No wood pile, however, shall be weighted with a lo^ exceeding 20 tons. c. Construction. The distance between wood piles shall be not more than thirty-six nor less than twenty inches on centers. The tops of wood piles shall be cut off below the permanent water level. When ranging and capping timbers are laid on piles for foundations, they shall be of hard wood not less than six inches thick and prop- erly joined together, and their tops laid below the permanent water level. d. Meadow land construction. When wood piles are used under frame buildings built over the water or on salt meadow land, they may project above the water a sufficient height to raise the build- ing above high tide, and the building may be placed directly thereon without other foundation. 3. Concrete piles, a. Concrete filled steel tubes. For piles con- sisting of steel tubes filled with concrete, the tubes shall have a diameter of 9 inches or more and a thickness of not less than 5-16 of an inch. The ends of each tube shall be faced perpendicular to its axis. Splices shall be of an approved design and not more than one splice shall be used in the total length of the pile. The length of any such pile shall not exceed forty times the inside diameter of the tube. Such piles shall be driven to a full bearing on rock. The allowable load on any such pile shall not exceed 500 lbs. per square inch on the concrete and 7,500 lbs. per square inch on the steel, provided that in computing the effective area of the steel the outer 1-16 inch of thickness shall be deducted from the thickness of the tube. No interior steel reinforcement shall be used. b. Piles moulded before driving. Concrete piles moulded and BUILDINCJ CX)DE 21 cured before driving shall not be provided with more than 4 per cent, of longitudinal reinforcement. The diameter or lateral dimen- sion of such a pile shall be not less than 8 inches at the foot and shall not average less than 12 inches in the length of the pile. The length shall not exceed twenty times the average diameter when the pile is driven to rock nor forty times the average diameter in any case. When driven to rock the allowable load on any such pile shall not exceed 500 lbs. per square inch on the concrete at the average cross-section and 6,000 lbs. per square inch on the longitudinal reinforcement. If driven to rock, the foot shall be provided with a metal shoe. c. Piles moulded in place. Concrete piles cast in place shall be so made and placed as to insure the exclusion of any foreign matter, and to secure a perfect full-sized shaft. The average diameter of any such pile in place shall be not less than 1 1 inches and the diam- eter of the foot shall be not less than 6 inches. The length shall not exceed thirty times the average diameter. The allowable load shall not exceed 350 lbs. per square inch on the concrete. d. Allowable loads. When concrete piles are not driven to rock they shall be treated as friction piles and their carrying capacities shall be determined by test in accordance with rules established by the superintendent of buildings; but the stresses herein given for the materials composing them shall not be exceeded in any case. e. Concrete. The concrete for concrete piles shall be mixed in the proportion of 1 part Portland cement to not more than 2 parts of clean, coarse sand, and 4 parts of broken stone or gravel of a size passing through a 1-inch ring, with sufficient water to produce a plastic or viscous consistency. 4. Tests. When any doubt exists as to the safe sustaining power of piles upon which a building or structure is to be supported, the superintendent of buildings may order a test of the same to be made at the expense of the owner of the proposed building or structure or the person causing the piles to be driven. The record of every such test shall be filed in the bureau of buildings. § 236. Foundation walls. 1. Definition. Foundation walls shall be construed to include all walls and piers built below the curb level or the nearest tier of beams to the curb, which serve as supports for walls, piers, columns, or other structural parts of a building or structure. 2. Materials. Foundation walls shall be built of approved ma- sonry, reinforced concrete or steel protected by masonry. All masonry foundation walls shall be laid in cement mortar. 3. Thickness. If built of rubble stone, foundation walls shall be at least 8 inches thicker than the walls next above them, but not less than 18 inches in any case. If built of brick, concrete or hollow building blocks, they shall be at least 4 inches thicker than the walls next above them, but not less than 12 inches thick in any case. For each additional 10 feet, or part thereof, below the depth of 12 feet below the curb level, the thickness shall be increased 4 inches. 4. Brick. When brickwork in foundation walls is stepped up from the footings, the offsets, if laid in single courses, shall not ex- ceed 1 inches, or if laid in double courses, shall not exceed 3 inches. 22 CHAPTER 5 5. Stone. Rubble stone masonry, unless built in dressed, level courses, shall not be used for buildings exceeding 75 feet in height. 6. Hollow building blocks. Foundation walls of hollow building blocks may be used only when the upper walls are of frame or hollow building block construction. The hollow spaces in the blocks shall be filled, as the construction progresses, with concrete of not less than 1 part of cement to 9 parts of aggregate. § 237. Retaining walls. All walls built to retain or support ad- joining earth or rock, including foundation walls subjected to pres- sure from adjoining earth or rock, shall be constructed of approved masonry or reinforced concrete and so designed that in resisting the pressures to which they are subjected, including any water pressure that may exist, the working stresses of the materials shall not be exceeded, the soil shall not be overloaded and the stability of the wall shall be insured. Article IS. — Masonry Construction. (As amended by ord. effective Oct. 6, 1915.) Section 250. Definitions. 251. Construction. 252. Brick masonry. 253. Stone masonry. 254. Hollow building block masonry. 255. Ashlar. 256. Mortar. 257. Wall thicknesses. 258. Existing walls. 259. Parapet walls. 260. Hollow walls. 261. Recesses and chases. 262. Miscellaneous requirements. 263. Masonry arches. Section 250. Definitions. For the purposes of this chapter: a. approved masonry means masonry constructed in accordance with the requirements of this article, of the materials specified therein; b. bearing wall means any wall which carries any load other than its own weight; c. height, as applied to a wall, means the vertical distance to the top measured from the foundation wall, or from a girder or other immediate support of such wall. § 251. Construction. 1. Materials. Approved masonry shall be constructed of brick, stone, concrete, hollow building blocks, or a combination of these materials as provided in this article. It shall be properly and solidly bonded with joints filled with mortar. 2. Protection against freezing. No masonry shall be built when the temperature is below 28 degrees F. on a rising temperature or 32 on a falling temperature at the point where the work is in progress. No frozen materials shall be built upon. 3. Wetting brick. All brick shall be thoroughly wet just previous BUILDING CODE 23 to being laid, except in freezing weather, when they shall be thor- oughly dry. 4. Erection of walls and piers. Masonry walls and piers shall be built to a line and carried up plumb. In each story the walls shall be carried up full thickness to the top of the beams above. No wall of any building shall be built up more than two stories in ad- vance of any other portions of the walls of the building, provided that where walls are carried independently by girders at each floor this provision shall not apply. All walls that meet or intersect shall be bonded or anchored to each other in an approved manner. Any pier having less than four square feet of cross section when located at an intersection with a wall shall be bonded into and built as part of that wall. 5. Piers. Every pier supporting a girder, arch, column or lintel spanning an opening over 10 feet, upon which a wall rests, shall be built of approved masonry. Every such pier having a height of more than ten times its least dimension, and every isolated pier built of brick or hollow building blocks, having less than 9 square feet of cross section shall, at vertical intervals, of not more than 30 inches, have built into it bond stones not less than 4 inches thick, or approved perforated steel or cast iron plates of the full size of the pier. Isolated piers shall not exceed in height ten times their least dimension. 6. Arches and lintels. Door and window openings in walls shall be spanned by arches, or lintels having a bearing at each end of not less than 5 inches. In walls of non-fireproof buildings, when the thickness of the lintel is less than the thickness of the wall to be supported, a timber lintel may be placed on the inside of the wall resting at each end not more than 2 inches on the wall, and cham- bered or cut to serve as centre for a rowlock or keyed arch. When the opening is more than 6 feet in width, templates shall be provided under the ends of lintels resting on the walls, unless the pressure under the lintel does not cause a working stress in the masonry greater than specified in article 3 of this chapter. 7. Timber in walls. No timber, except lintels, provided for in subdivision 6 of this section, and nailing blocks not over 8 inches in length, shall be placed in any masonry wall. 8. Bracing during construction. The walls and beams of every building during erection or alteration shall be strongly braced from the beams of each story, and when required shall also be braced from the outside until the building is enclosed. § 252. Brick masonry. Except when laid in flemish bond or faced with running bond, every sixth course in brick walls shall be a heading com^se. When running bond is used, 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 split- ting the face brick in half and backing the same with a continuous row of headers. Where face brick is used of a different thickness from the brick used for backing, the courses of the face brick and backing shall be brought to a level at intervals of not more than six courses in height of the backing, and the face brick shall be prop- erly tied to the backing by a full heading course of the face brick or 24 CHAPTER O other approved method. Face brick shall be laid at the same time as the backing, and shall in no case be laid after the backing is in place. § 253. Stone masonry. 1. Workmanship. No stone shall be laid in a wall in any other position than on its natural bed. Stones shall be firmly bedded in cement mortar and all spaces and joints thoroughly filled. No stone shall be used that does not bond or extend into the wall at least 6 inches. All headers shall be at least 12 inches in width and 8 inches in thickness, and consist of good flat stones. 2. Bond. All stone walls 24 inches or less in thickness shall have at least one header extending through the wall in every 3 feet in height from the bottom of the wall, and in every 3 feet in length, and if over 24 inches in thickness, shall have one header for every 6 superficial feet on both sides of the wall, laid on top of each other to bond together, and running into the wall at least 2 feet. 3. Limitation. Rubble stone walls, except for foundations, shall not be used in buildings over 60 feet high. § 254. Hollow building block masonry. 1. Construction. Where walls of hollow building blocks are decreased in thickness, the blocks in the top course of the thicker wall shall be filled solidly with con- crete or covered with slabs of hard burned terra cotta or concrete at least 1 inch in thickness. Terra cotta or concrete templates of approved size and thickness shall be placed under all floor beams and girders to properly distribute the loads. 2. Veneering. Hollow building blocks of terra cotta used in ex- terior walls shall be extra hard burned or veneered with brick, architectural terra cotta, or stone, or covered on the exposed surface with at least three-quarters of an inch of portland cement stucco. When walls of hollow building blocks are veneered with brick, the facing shall be bonded to the backing with headers every sixth course of the brickwork. 3. Limitation. Walls of hollow building blocks shall not be used in buildings over forty feet in height, except that in buildings of skeleton construction terra cotta blocks with shells and webs not less than one inch thick, faced with at least four inches of brick- work properly bonded as specified in this section, may be used. § 255. Ashlar. Stone, architectural terra cotta or other approved material, used for the facing of any wall and known as ashlar, shall be not less than 4 inches thick. Such ashlar shall be anchored to the wall in an approved manner. Within the fire lirnits ashlar shall not be used in any wall the total thickness of which is less than 12 inches. § 256. Mortar. In the following masonry construction no mortar other than cement mortar shall be used: a. Foundation walls and footings; b. Rubble stone walls; c. Hollow building block construction; d. Walls faced with ashlar; e. Isolated piers; f. Curtain walls; g. Exterior walls of skeleton structures; h. Parapet walls; BUILDING CODE 25 1. Chimneys above roofs; j. Linings of existing walls. § 257. Wall thicknesses. 1. Application, a. The thickness of masonry walls shall in all cases, irrespective of any other require- ments of this section, be sufficient to keep the stresses in the masonry within the working stresses prescribed by this chapter. b. The heights herein specified, unless otherwise clearly indicated, are the heights of walls as defined in § 250. c. In all cases the wall thicknesses herein specified shall be ap- plied to the nearest tier of beams to the height specified. d. Nothing in this section shall prevent the use in any wall of the same amount of material in piers and buttresses as is required for the thickness herein prescribed. e. The unsupported height of any wall or part thereof shall not exceed twenty times the thickness of such unsupported part, unless reinforced by adequate crosswalls, buttresses or columns. 2. Residence buildings. Except as hereinafter provided, the thicknesses of masonry walls of residence buildings hereafter erected shall be not less than the following: a. when over 75 feet in height, 12 inches for the uppermost 25 feet, 16 inches for the next lower 35 feet, 20 inches for the next lower 40 feet, with a 4-inch increase for each additional lower section of 40 feet; b. when not over 75 feet in height, 12 inches for the uppermost 55 feet, and 16 inches below that. 3. Public and business buildings. Except as hereinafter pro- vided the thicknesses of masonry walls of public and business build- ings hereafter erected shall be not less than the following: a. when over 75 feet in height, 16 inches for the uppermost 25 feet, 20 inches for the next lower 35 feet, 24 inches for the next lower 40 feet, and increasing 4 inches for each additional lower section of 40 feet; b. when over 60 feet and not over 75 feet in height, 16 inches for the uppermost 50 feet, and 20 inches below that; c. when over 40 feet and not over 60 feet in height, 12 inches for the uppermost 20 feet, and 16 inches below that. d. when not over 40 feet in height, 12 inches throughout. 4. Increased thickness, when required, a. Every bearing wall with face brick bonded with clip courses or tiers, and eveiy bearing wall faced with ashlar shall have a total thickness of at least 4 inches more than otherwise required unless the ashlar is at least 8 inches thick in every alternate course and bonded to the wall. b. Every wall built of rubble stone shall have a thickness at least 4 inches more than required by subdivisions 2 and 3 of this section, but no such stone wall shall be less than 18 inches thick. c. When the clear span between bearing walls is over 26 feet, such walls shall be increased 4 inches in thickness for every 123^ feet or part thereof that said span is over 26 feet. d. All walls over 105 feet long between cross-walls or proper piers or buttresses, shall be increased in thickness over the minimum requirement at least 4 inches for every 105 feet, or part thereof, over 105 feet in length. 26 CHAPTER 5 e. If the horizontal section through a bearing wall shows more than thirty per cent, area of flues and openings such part of the wall where the excessive openings exist shall be increased four inches in thickness over minimum requirements for every fifteen per cent., or fraction thereof, of flue or opening area in excess of thirty per cent., provided that if such wall be laid up in portland cement mortar the increase in thickness shall be required only when the area of flues and openings exceeds forty-five per cent.; or, instead of increas- ing such wall in thickness, adequate piers or buttresses shall be provided. f. In case any wall is increased in thickness in accordance with one of the requirements of this subdivision, it will not be necessary to further increase the thickness to meet another requirement of this subdivision, unless, in the judgment of the superintendent of buildings, the safety of the wall demands it. 5. One story buildings. In one story buildings the w^alls may be 8 inches thick, provided that no such wall exceeds 50 feet in length between cross-walls or adequate buttresses. 6. Small residence buildings. In any residence building outside the fire limits and in any residence building not more than twenty feet in width within the fire hmits, bearing walls of brick may be eight inches in thickness, provided such buildings are not more than forty feet in height and that the eight-inch walls do not exceed fifty feet in length between cross-walls or adequate buttresses, except that when the walls are not pierced by openings of any kind such length may be sixty feet. 7. Residence buildings outside the fire limits. Outside of the fire limits the buttresses of walls of hollow building blocks shall be not less than 8 inches for the uppermost 20 feet, 10 inches for the next lower 10 feet, and 12 inches for the next lower 10 feet. 8. Non-bearing walls. The thicknesses of non-bearing walls of residence buildings, or of public and business buildings may be 4 inches less than those specified, respectively, in subdivisions 2 and 3 of this section for walls of corresponding height, provided that no such wall shall be less than 12 inches thick nor extend for more than 55 feet in height without any increase of thickness. 9. Curtain walls. Non-bearing walls built between piers or metal columns shall be not less than 12 inches thick for the uppermost 60 feet of height, increasing 4 inches in thickness for each next lower section of 60 feet. 10. Walls of skeleton structures. Masonry walls supported at each story by girders may be 12 inches thick for the entire height of the building. 11. Interior walls, a. In residence buildings, interior walls of brick or concrete, whether bearing or non-bearing walls, may be 8 inches thick for the uppermost 55 feet and 12 inches for the next lower 20 feet, provided that no such wall shall exceed 75 feet in height nor 30 feet in length between cross-walls or buttresses. b. Interior walls over 75 feet in height may be reduced in thick- ness in such proportion to the number of cross-walls, piers or but- tresses, and their nearness to each other, as may be deemed safe by the superintendent of buildings, provided, however, that such BUILDING CODE 27 walls shall be not less than 12 inches thick at the top, and shall be gradually increased in thickness to the bottom. § 258. Existing walls. 1. When use is permitted without change. Walls heretofore built, 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 chap- ter, may be used without change, if in good condition, in buildings hereafter erected or altered, provided the stresses in the masonry do not exceed the working stresses prescribed by this chapter and the height of such walls be not increased except in so far as may be necessary to make the height uniform. 2. Lining walls. In case it is desired to use and increase the height of any existing wall which is less in thickness than required by this chapter, such wall shall be reinforced by a lining of brick- work so that the combined thickness with the old wall shall be not less than 4 inches more than the thickness required for a new wall corresponding with the total height of the wall when increased in height, provided that such lining shall not be used to a greater height than forty feet and that such wall shall not be increased to exceed seventy-five feet in height. Such lining shall be supported on proper foundations, and shall be not less than eight inches in thickness, and thoroughly anchored to the old wail with suitable anchors, placed two feet apart and properly fastened or driven into the old wall in rows, alternating vertically and horizontally with each other, the old wall being first cleaned of plaster or other coatings where any lining is to be built against the same. No wall, however, shall be lined unless in good condition and not until the approval of the superintendent of buildings has been given. § 259. Parapet walls. All exterior and division or party walls of masonry over 15 feet high, except in detached buildings with over- hanging roofs, or where such walls are to be finished with cornices, gutters or crown mouldings, shall have parapet walls carried above the roof. For residence buildings parapet walls shall be not less than eight inches thick and carried at least two feet above the roof, except that in party walls between buildings of the same height and not over forty feet in height, such parapet shall be not less than eight inches above the roof. For public and business buildings parapet walls shall be not less than twelve inches thick, and carried at least three feet above the roof. All parapet walls shall be coped with stone, terra cotta, concrete or cast iron. § 260. Hollow walls. In all walls that are built hollow the same amount of masonry shall be used in their construction as if they were built solid, as in this chapter 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 24 inches apart. § 261. Recess and chases. 1. Stairway and elevator recesses. Recesses for stairways or elevators may be left in the foundation walls of buildings, but in no case shall the walls be of less thickness than the walls of the fourth story, unless reinforced by additional piers with iron or steel girders, or iron or steel columns and girders, securely anchored to walls on each side. 2. Alcoves. Recesses for alcoves and similar purposes shall have 28 CHAPTER 5 not less than 8 inches of brickwork at the back of such recesses, and such recesses shall be not more than 8 feet in width, and shall be arched over or spanned with iron or steel lintels, and not carried up higher than 18 inches below the bottom of the beams of the floor next above. 3. Pipe-chases. No chase for pipes or other purpose shall extend into any wall more than one-third of its thickness. No horizontal chase in any wall shall exceed 4 feet in length. No chase shall be made within the required area of any pier. Chases shall not be cut in walls of hollow block construction, but may be provided by properly formed blocks. Chases shall be filled up with solid ma- sonry within the floor thickness at each story. 4. Limitations. The aggregate area of recesses and chases in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story. No recess shall be made within a distance of 6 feet from any other recess in the same wall. § 262. Miscellaneous requirements. 1. Hollow brick. The inside 4 inches of walls may be built of hard-burnt hollow brick, properly tied and bonded into the walls and of the dimension of ordinary bricks. 2. Furring. Where hollow blocks of any kind are used as furring for walls, they shall not be included in the measurement of the thickness of such walls. 3. Fire stops. In all wa,lls furred with wood, the brickwork be- tween the ends of wood beams shall project the thickness of the furring beyond the inner face of the wall for the full depth of the beams. § 263. Masonry arches. All masonry arches shall be capable of sustaining the weight and pressure which they are to carry, and the stress at any point shall not exceed the working stresses prescribed by this chapter. Tie rods shall be used where necessary to resist the thrust. Article 14* — Wood Construction. (As amended May I, 1915.) Section 280. Wood beams and girders. 281. Wood columns and posts. 282. Bolting. 283. Stud partitions. 284. Fire stops. Section 280. Wood beams and girders. 1. Width of beams. No wood floor or roof beam used in any building hereafter erected within the fire limits shall be less than three inches thick. 2. Supports. Every wood beam, except header and tail beams, shall have bearings of at least four inches. The ends of all such beams, where they rest on brick walls, shall be cut to a level of three inches in their depth. In no case, except in frame buildings, shall either end of a floor or roof beam be supported on stud partitions. All wood trimmer, header and tail beams over four feet in length, unless supported on a wall or girder, shall be hung in approved metal stirrups or hangers. BUILDING CODE 29 3. Bridging. All wood floor and roof beams shall be properly braced with cross bridging. The distance between bridging or be- tween bridging and bearing shall not exceed eight feet. 4. Anchoring, a. Beams in walls. Each tier of beams shall be anchored to the walls at intervals of not more than six feet with approved steel or wrought iron anchors. b. Beams on girders. The ends of wood beams resting upon girders shall be butted end to end and strapped by steel or wrought iron straps in the same beam as the wall anchors, or they may lap each other at least 12 inches and be well spiked or bolted together where lapped. c. Girders. Wood girders shall be anchored to the walls and fastened to each other by suitable steel or wrought iron straps. d. Anchor strips. Each tier of wood beams running parallel to enclosing walls shall be anchored to such walls with approved anchor strips and similarly to every pier. 5. Fire prevention, a. Trimming around flues. All wood beams shall be trimmed away from all flues and chimneys. The header and trimmer beams shall not be less than 4 inches from the outside face of the chimney. Any header beam supporting a trimmer arch in front of a fireplace shall be not less than 20 inches from the face of the chimney breast. b. Separation in walls. Every wooden beam in any masonry or fire wall shall be separated from any other beam in the wall by at least four inches of solid masonry. § 281. Wood columns and posts. All wood columns and posts shall be squared at the ends perpendicular to their axes, and cap and base plates shall be provided. Where the cap plate of a wood column or post supports a wood girder, any column above shall bear directly on the cap and shall not rest on the girder. Additional iron or steel cheek plates shall be placed between the cap and base plates and bolted to the girders, when required to transmit the loads with safety. § 282. Bolting. All bolts in wood construction shall be provided with washers of such proportions that the compression on the wood at the face of the washer will not exceed the working stresses pre- scribed in this chapter. § 283. Stud partitions. Stud partitions which rest directly over each other and are not parallel with wood floor beams shall run down between the wood floor beams and rest on the top plate of the partition below and shall have the studding filled in solid be- tween the uprights to the depth of the floor beams with suitable incombustible materials. § 284. Fire stops. 1. Studded-off spaces. Where walls are studded-off, the space between the inside face of the wall and the studding directly over such space shall be fire-stopped with fireproof material, for a depth of not less than 4 inches, securely supported; or the beams directly over the studded-off space shall be deafened with not less than 4 inches of fireproof material. 2. Wainscoting. The surface of the wall or partition behind wain- scoting shall be plastered flush with the grounds and down to the floor line. 30 CHAPTER 5 Sections 443, 444 and 445 of Article 21 of Chapter 5 of the Code of Ordinances of the City of New York are hereby repealed. Article 16. — Iron and Steel Construction. (As amended May i, 1916.) Section 300. Cast-iron columns. 301. Steel columns. 302. Column bases. 303. Lintels, beams and girders. 304. Framing and connecting. 305. Trusses. 306. Riveting. 307. Bolting. 308. Tie rods. 309. Templates. 310. Protection against corrosion. 311. Protection against fire. 312. Metal fronts. 313. Use of old materials. Section 300. Cast iron columns. 1. Dimensions. Cast iron columns shall not have a smaller outside diameter or side than 5 inches, nor shall they have an unsupported length greater than that allowed by § 52 of this chapter. 2. Thickness of metal. The thickness of metal shall be not less than one-twelfth the diameter or least dimension of cross section, but never less than three-fourths of an inch. When necessary, the thickness shall be increased near the end so that the core of a column below a joint shall not be larger than the core of the column above, in which case the metal may be tapered down for a distance of not less than 6 inches; or a joint plate may be inserted of sufficient strength to distribute the load. Wherever the core of a cast iron column has shifted more than one-fourth the thickness of the shell the thickness of the metal all around shall be assumed equal to the thinnest part. 3. Workmanship, a. Joints. Cast iron columns shall be machine faced at the end to a true surface perpendicular to the axis. They shall be bolted together with at least four bolts, not less than three- quarters of an inch in diameter, passing through the flanges, the bolts being of sufficient length to allow the nuts to be screwed up tightly; and as each column is placed in position, the bolts shall also be placed in position and the nuts shall be screwed up tightly. b. Flanges. Where cast iron columns rest one on top of another, the top flange of the lower column shall project on all sides not less than three inches from the outer surfaces of the column, and the shape and dimensions of the bottom flange of the upper column shall be the same as those of the top flange of the lower column, except that when a column is placed on a lot line, the flanges on the side toward such lot line may be omitted, if not required for bolting. Flanges shall be at least one inch in thickness when finished, and reinforced by fillets and brackets when necessary. c. Bolt holes. All holes in cast iron columns shall be drilled. Th« BUILDING CODE 31 diameter of the holes shall not exceed that of the bolts by more than one-sixteenth of an inch. 4. Limitation. Cast iron columns shall not be used in any case where the load is so eccentric as to cause tension in the cast iron. Nor shall they be used for such parts of the structural frame of buildings which are required to resist stresses due to wind. 5. Inspection. No cast iron column shall be set in place until it has passed an inspection satisfactory to the superintendent of build- ings. Wherever blowholes or imperfections are found in a cast iron column which reduces the area of the cross section at that point more than 10 per cent, such column shall be condemned. Cast iron columns not cast with one open side or back, shall have three-eighths inch holes drilled in the shaft to exhibit the thickness of the castings, as may be required by the superintendent of buildings. Cast iron columns shall not be painted before inspection. § 301. Steel columns. 1. Length. No steel column shall have an unsupported length greater than that allowed by § 52 of this chapter. 2. Design. No part of a steel column shall be less than one-quarter of an inch thick. No material, whether in the body of the column or used as a lattice bar or stay plate, shall be used of less thickness than one thirty-second of its unsupported width, measured between centres of rivets transversely, or one-sixteenth the distance between centres of rivets in the direction of the stress. Stay plates are to have not less than 4 rivets, and are to be spaced so that the ratio of length to the least radius of gyration of the parts connected does not exceed 40, the distance between nearest rivets of two stay plates in this case being considered as length. In built-up columns the thick- ness of any outstanding member shall not be less than one-twelfth the width of the outstanding portion. 3. Joints. The ends of all columns shall be faced to a plane surface at right angles to the axis of the columns. Wherever practicable the connection between them shall be made with splice plates. When splice plates cannot be used a connection formed of plates and angles, designed to properly distribute the stress, may be used. Where any part of the section of a column projects beyond that of the column above or below, the difference shall be made up by filling plates se- cured to the column by the proper number of rivets. All column connections shall be riveted. § 302. Column bases. Whenever necessary to properly distribute the load, iron or steel shoes shall be used under the bottom tier of columns. Cast iron bases or shoes shall be not less than one inch thick in any part. If any side of the bed plate exceeds three feet in length, a reinforcing flange at least four inches high shall be provided around the outer edges. All cast iron bases or shoes shall be planed on top, and, when resting on steel girders, on both top and bottom. Bases or shoes of steel plates and shapes shall be designed to meet the requirements of § 301 of this chapter. Nothing in this section shall prevent iron or steel bases being made as a part of the columns. § 303. Lintels, beams and girders. 1. Cast iron lintels. Cast iron lintels shall not oe less than three-quarters of an inch in thickness at any point, and shall not be used for spans exceeding six feet. 32 CHAPTER 5 2. Double beams as girders. When rolled steel beams are used in pairs to form a girder, they shall be connected together by sep- arators at intervals of not more than 5 feet. All beams 12 inches and over in depth shall have at least 2 bolts to each separator. 3. Riveted girders. The thickness of the web in riveted girders shall be not less than one-one hundred and twentieth of the distance between flange angles, and in no case less than one-quarter of an inch. If the unsupported depth of the web plate exceeds 60 times its thickness, stiffeners shall be used at intervals not exceeding 120 times the thickness of the web. Stiffeners of sufficient strength shall also be provided over supports and under concentrated loads. 4. Lateral bracing. The compression flanges of steel beams and girders shall be secured against buckling, if the length exceeds twenty times their width unless the working stresses in such flanges are proportioned to the ratio of length to width as provided for steel columns in § 52 of this chapter. § 304. Framing and connecting. All columns, beams, trusses and all other iron or steel work shall be suitably framed and connected together and to the walls. All beams framed into and supported by other beams or girders shall be connected thereto by angles or knees of a proper size and thickness, with sufficient bolts or rivets to trans- mit the entire load, or by seats of sufficient strength and the necessary angles or knees to hold the beam in place. Beams resting on girders shall be securely riveted or bolted to the same. § 305. Trusses. 1. General design. Trusses shall be of such design that the stresses in each member can be calculated. 2. Lateral bracing. All trusses shall be held rightly in position by efficient systems of lateral or sway bracing. 3. Tension members. For tension members, the actual net area only, after deducting rivet holes one-eighth inch larger than the rivets shall be considered as resisting the stress. 4. Compression members. Compression members in pin- connected trusses shall be designed so that the stresses shall not exceed 75 per cent, of the permissible working stresses for columns. 5. Eye bars. The heads of all eye bars shall be made by upsetting or forging. No weld will be allowed in the body of the bar. Steel eye bars shall be annealed. Bars shall be straight before boring. Eyes and screw ends shall be so proportioned that upon test to destruction, fracture will take place in the body of the member. 6. Pins. All pins shall be accurately turned. All pin-holes shall be bored true and at right angles to the axis of the members, and must fit the pins within one-thirty-secor d of an inch. § 306. Riveting. 1. When required. All component parts of built-up columns, girders and trusses, including any splices in the same, shall be riveted. 2. Spacing of rivets. The pitch of rivets shall never be less than three diameters of the rivet, nor more than 6 inches. In the direc- tion of the stress it shall not exceed 16 times the least thickness of the outside member. At right angles to the stress it shall not exceed 32 times the least thickness of the outside member. 3. Distance from edge. The distance from centre of a rivet hole to the edge of the material shall not be less than : BUILDING CODE 33 of an inch for J^inch rivets; 1 inch for ^/g-inch rivets; 134 inches for %-inch rivets; 13 ^ inches for ^/s-inch rivets; 1% inches for 1-inch rivets. 4. Length. The lengths of rivets, between heads, shall not ex- ceed five times the diameters. 5. Driving. All shop rivets, wherever practicable, shall be ma- chine driven. Rivets shall fill the holes completely. Rivet heads shall be hemispherical and concentric with the axis of the rivet. § 307. Bolting. 1. When permitted. Where riveting is not re- quired by the provisions of this chapter connections may be ef- fected by bolts of mild steel, with United States standard threads. The threads shall be full and clean, the nut shall be truly concentric with the bolt, and the thread shall be of sufficient length to allow the nut to be screwed up tightly. 2. Suspenders. When the bolts are used for suspenders, the work- ing stress shall be reduced to 9,000 pounds per square inch of net area, and the load shall be transmitted into the head or nut by suitable washers. § 308. Tie rods. Whenever tie rods may be required by the pro- visions of this chapter in connection vdth iron and steel construction they shall be at least three-fourths of an inch in diameter. Holes for tie rods in floor arches shall be placed as near the thrust of the arch as practicable. The distance between tie rods in floors or roofs shall not exceed 8 times the depth of the beams nor 8 feet in any case. § 309. Templates. When any lintel, beam, girder or truss is supported at either end by a wall or pier, it shall be properly an- chored thereto and shall rest upon a template or shoe of cast u’on, steel or stone of such design and dimensions as to safely distribute its load on the masonry, except that when beams, not exceeding 6 inches in depth, are placed not more than 30 inches on centres, no templates shall be required. § 310. Protection against corrosion. 1. Painting. All structural iron and steel work shall be cleaned of all scale, dirt and rust and be thoroughly coated with one coat of paint before erection, except that cast iron columns shall not be painted until after inspection. Where surfaces in riveted work come in contact, they shall be painted before assembling. After erection all work shall be painted at least one additional coat of a different shade than the first. 2. Subaqueous work. All iron or steel used under water shall be encased in concrete. § 311. Protection against fire. Any iron or steel construction hereafter placed in any building to support a wall or part thereof or a sidewalk, shall be protected with not less than two inches of fire- proof material securely applied, except that in non-fireproof build- ings such protection shall not be required for columns immediately above the sidewalk level supporting walls fronting on streets. § 312. Metal fronts. Metal fronts or facias hereafter erected on the exterior of buildings over one story high shall be backed up or filled in with masonry not less than 8 inches thick. 3 34 CHAPTER 5 § 313. Use of old material. Nothing in this article shall prevent the use of old steel or wrought iron shapes, provided that the work- ing stresses used do not exceed three-fourths of those specified in this chapter for steel, and that the provisions of this article are otherwise complied with. Article 16. — Reinforced Concrete Construction, amend, by ord. effective Oct. 6^ 1915.) Section 330. Definitions. 331. Application. 332. Concrete. 333. Reinforcement. 334. Working stresses. 335. Slabs and beams. 336. Use of fillers in floor construction. 337. Columns. 338. Walls. 339. Protection of reinforcement. 340. Load tests. 341. Rules. Section 330. Definitions. For the purposes of this article a. reinforced concrete means any construction in accordance with the provisions of this article, of approved concrete in which steel is imbedded in such a manner as to increase its strength; b. the span of beams and slabs means the distance from centre to centre of supports, but not necessarily exceeding the clear span plus the depth of beam or slab, provided that brac&ts shall not be considered as reducing the clear span; c. the length of columns means the maximum unsupported length; d. the effective area of a concrete column with lateral reinforce- ment means the area of concrete within the hoops or bands. § 331. Application. Reinforced concrete may be used for all types of construction, provided the material and design conform to the requirements of this article and such rules as may be adopted by the superintendent of buildings to secure safety in construction and uniformity in practice. § 332. Concrete. 1. Mixture. The concrete for reinforced con- crete structures shall consist of a wet mixture of one part of Port- land cement to not more than six parts of aggregate, fine and coarse, either in the proportion of one part of cement, two parts of fine aggregate and four parts of coarse aggregate, or in such proportion that the resistance of the concrete to crushing shall not be less than two thousand pounds per square inch after hardening for twenty- eight days. 2. Aggregate, a. Fine. Fine aggregate shall consist of sand, crushed stone or gravel screenings, passing when dry a screen having one-quarter-inch diameter holes, and not more than six per cent, passing a sieve having one hundred meshes per lineal inch, and of such quality that mortars composed of one part Portland cement BUILDING CODE 35 and three parts fine aggregate by weight when made into briquettes will show a tensile strength of at least two hundred and forty pounds per scmare inch at twenty-eight days. b. Coarse. Coarse aggregate shall consist of crushed stone or gravel which is retained on a screen having one-quarter-inch diameter holes and graded in size from small to large particles. The maximum size shall be such that all the aggregate will pass through a one-inch diameter ring. All aggregate shall be clean, hard, durable, and free from deleterious material. § 333. Reinforcement. The steel reinforcement shall conform to such requirements as may be adopted by the superintendent of buildings, or, in the absence of such requirements, to the standard specifications of the American Society for Testing Materials for steel reinforcement bars. Nothing herein contained shall prevent the use of steel wire or fabric for the reinforcement of slabs, for lateral reinforcement of columns, or for resistance to shrinkage and tem- perature stresses. § 334. Working stresses. Reinforced concrete structures shall be so designed that the stresses in pounds per square inch shall not exceed the following: Extreme fibre stress on concrete in compression 650 Concrete in direct compression 500 Shearing stress in concrete when all diagonal tension is re- sisted by steel 150 Shearing stress in concrete when diagonal tension is not re- sisted by steel 40 Bond stress between concrete and plain reinforcement 80 Bond stress between concrete and approved deformed bars . . 100 Tensile stress in steel reinforcement 16,000 Tensile stress in cold drawn steel wire or fabric, 35 per cent. of the elastic limit but not more than 20,000 In continuous beams the extreme fibre stress on concrete in com- pression may be increased fifteen per cent, adjacent to supports. The ratio of the moduli of elasticity of 1 :2 :4 stone or gravel con- crete and steel shall be taken as one to fifteen. The ratio of the moduli of elasticity of 1:1:J^:3 stone or gravel concrete and steel shall be taken as one to twelve. § 335. Slabs and beams. 1. Thickness. Slabs shall not be less than four inches in thickness for floors and three and one-half inches for roofs. 2. Tee-beams. Where adequate bond between slab and web of beams is provided, the slab may be considered as an integral part of the beam provided its effective width shall not exceed on either side of the beam one-fourth of the span length of the beam nor be greater than four times the thickness of the slab on either side of the beam, the measurements being taken from edge of web. 3. Placing of reinforcement. All reinforcement shall be accurately located and secured against displacement. The reinforcement for slabs shall not be spaced farther apart than two and one-half times the thickness of the slab. 4. Web reinforcement. Members of web reinforcement shall be so designed as to adequately take up throughout their length all 36 CHAPTER 5 stresses not taken up by the concrete. They shall not be spaced to exceed three-fourths of the depth of the beam in that portion where the web stresses exceed the allowable value of concrete in shear. Web reinforcement, unless rigidly attached, shall be placed at right angles to the axis of the beam and carried around the tension mem- bers. § 336. Use of fillers in floor construction. When hollow tile, con- crete blocks or other acceptable fillers are used in any reinforced concrete floor construction, the reinforced concrete members of such floor construction shall be designed in accordance with the provisions of this article to take the entire loads, provided, however, that when the fillers do not exceed sixty per cent, of the construc- tion, not more than two and one-half inches of concrete shall be required over the fillers. § 337. Columns. 1. With longitudinal reinforcement only. In concrete columns, having not less than one-half nor more than four per cent, of vertical reinforcement secured against lateral displace- ment by one-quarter-inch steel ties placed not farther apart than fifteen diameters of the vertical rods nor more than twelve inches, the allowable load shall be five hundred pounds per square inch on the concrete, plus seven thousand five hundred pounds on the ver- tical reinforcement. 2. With longitudinal and lateral reinforcement. In concrete columns, having not less than one-half nor more than two per cent, of hoops or spirals spaced not farther apart than one-sixth of the diameter of the enclosed column nor more than three inches, and having not less than one nor more than four per cent, of vertical reinforcement, the allowable load shall be five hundred pounds per square inch on the effective area of the concrete, plus seven thousand five hundred pounds per square inch on the vertical reinforcement, plus a load per square inch on the effective area of the concrete equal to two times the percentage of lateral reinforcement multiplied by the tensile stress in the lateral reinforcement prescribed by § 334 of this article. The percentage of lateral reinforcement being the volume of the hoops or spirals divided by the volume of the enclosed concrete in a unit length of column. The hoops or spirals shall be rigidly secured to at least four verticals to insure uniform spacing. 3. Structural steel and concrete. In columns of structural steel, thoroughly encased in concrete not less than four inches thick and reinforced with not less than one per cent, of steel, the allowable load shall be sixteen thousand pounds per square inch on the struc- tural steel. The percentage of reinforcement being the volume of the reinforcing steel divided by the volume of the concrete enclosed by the reinforcing steel. Not more than one-half of the reinforcing steel shall be placed vertically. The reinforcing steel shall not be placed nearer than one inch to the structural steel or to the outer surface of the concrete. The ratio of length to least radius of gyra- tion of structural steel section shall not exceed one hundred and twenty. 4. When richer concrete is used. In concrete columns the com- pression on the concrete may be increased twenty per cent, when the fine and coarse aggregates are carefully selected and the proper- BUILDING CODE 37 tion of cement to total aggregate is increased to one part of cement to not more than four and one-half parts of aggregate, fine and coarse, either in the proportion of one part of cement, one and one- half parts of fine aggregate and three parts of coarse aggregate, or in such proportion as will secure the maximum density. In such cases, however, the compressive stress in the vertical steel shall not exceed seven thousand two hundred pounds per square inch. 5. Eccentric loads. Bending stresses due to eccentric loads shall be provided for by increasing the section of concrete or steel until the maximum stress shall not exceed the allowable working stress. 6. Length. In columns, the ratio of length to least side or diameter shall not exceed fifteen, but in no case shall the least side or diameter be less than twelve inches. § 338. Walls. Enclosure walls of reinforced concrete shall be securely anchored at all floors. The thickness shall not be less than one-twentieth of the unsupported height, but in no case less than eight inches. The steel reinforcement, running both horizontally and vertically, shall be placed near both faces of the wall; the total weight of such reinforcement shall be not less than one-half pound per square foot of wall. § 339. Protection of reinforcement. The reinforcement in columns and girders shall be protected by a minimum of two inches of con- crete; in beams and walls by a minimum of one and one-half inches; in floor slabs by a minimum of one inch; and in footings by a mini- mum of four inches of concrete. § 340. Load tests. The builder may be required to make load tests on any portion of a reinforced concrete structure within a reasonable time after erection. The tests shall be made under the direction of the superintendent of buildings, and shall show that the construction will sustain safely a load of one and three-quarter times the live load for which it was designed. § 341. Rules. The rules governing reinforced concrete in build- ing construction, heretofore adopted by the superintendent of build- ings, so far as they are consistent with the provisions of this article, shall remain effective until amended or repealed by the superin- tendent of buildings. Article 17. — Fireproof Construction. (As amended by ord. elective Oct, 6^ 1915.) Section 350. Walls. 351. Iron and steel construction. 352. Masonry. 353. Reinforced concrete. 354. Floors and roofs. 355. Partitions. 356. Interior finish. 357. Exterior windows. 358. Approvals. Section 350. Walls. The exterior walls or piers of fireproof ings shall be approved masonry or reinforced concrete. § 351. Iron and steel constriiction. 1. General. All metal build- struc- 38 CHAPTER 5 tural members which support loads or resist stresses, in fireproof buildings, shall be entirely encased in fireproofing material securely applied as hereinafter specified. 2. Columns, a. In exterior walls. Iron or steel columns placed within exterior walls or along the outer lines of a building shall be encased with approved masonry not less than eight inches thick on their outer and side surfaces, nor less than four inches thick on their inner surfaces. b. Interior. Iron and steel columns used in the interior of a build- ing shall be encased on all sides with fireproofing materials not less than two inches thick. c. Lugs and brackets. The extreme outer edges of lugs, brackets or other supporting parts of columns shall not extend nearer than one inch to the outer surface of the fireproof casing. d. Protection to fireproofing. Where the fireproofing of columns is exposed to damage from trucking or handling of merchandise, the superintendent of buildings may require such fireproofing to be jacketed for a height of three feet from the floor with a protective covering. 3. Beams and girders. Iron or steel beams and girders shall be entirely encased in fireproofing materials not less than two inches thick at any point when supporting a wall or part thereof or a side- walk, and not less than one and one-half inches thick in any case. 4. Lintels, a. Iron or steel. Iron or steel lintels over openings in walls shall be encased as required for beams, provided that when the span of any such opening does not exceed four feet or such opening is spanned by an adequate masonry arch above the lintel the fire- proofing may be omitted. b. Stone. Stone lintels shall not be used in fireproof buildings unless supplemented on the inside of the wall with iron or steel lintels, or with suitable masonry arches. 5. Trusses, a. General. All members of steel trusses, except roof trusses hereinafter specified, shall be entirely encased in fireproofing materials not less than two inches thick at any point. b. Roof trusses. The fireproofing herein required for trusses may be omitted when such trusses support only roof loads and ceilings over interior spaces having a clear height of at least twenty feet below the lower chords of the trusses. In such cases the fireproofing may also be omitted from the soffits of roof beams or purlins. 6. Fireproofing materials. The fireproofing required by this sec- tion shall consist of any of the following materials: a. Bonded brickwork laid in cement mortar: b. Concrete consisting of one part portland cement, and not more than two parts of sand and four parts of gravel, stone or other ap- proved aggregate that will pass through a three-quarter inch ring, suitably reinforced with wire or metal fabric; c. Cinder concrete consisting of one part portland cement and not more than two parts of sand and five parts of clean, well-burned steam boiler cinders, suitably reinforced with wire or metal fabric; d. Porous or semi-porous terra cotta blocks with shells and webs at least one inch thick, laid in cement mortar, thoroughly bonded or secured by metal ties; BUILDING CODE 30 e. Solid gypsum blocks, containing not more than twenty-five per cent, by weight of cinders, asbestos fibre, wood chips or vegetable fibre, laid in gypsum plaster or cement mortar, thoroughly bonded or secured by suitable galvanized metal ties or fabric; or f. Any material or form of construction that will resist the action of flame and a heat of seventeen hundred degrees Fahrenheit for at least two hours, without raising the temperature of the material to be protected above five hundred and fifty degrees Fahrenheit by transmission through a thickness of two inches as determined by test prescribed in the rules by the superintendent of buildings. 7. Prohibition. No pipes, wires, cables or other material shall be embedded in the required fireproofing of columns or other struc- tural members. § 352. Masonry. Interior walls, piers, pches and vaultings that support loads in addition to their own weight in fireproof buildings shall be constructed of approved masonry, except that stone masonry shall not be used for such purpose, or for columns or lintels unless supplemented by other approved masonry or by properly protected iron or steel construction. § 353. Reinforced concrete. Reinforced concrete construction con- forming with the requirements of article 16 of this chapter shall be deemed fireproof construction. § 354. Floors and roofs. 1. General. The filling between steel floor and roof beams in fireproof buildings shall consist of arches or slabs of brick, terra cotta, stone concrete or cinder concrete, con- structed as hereinafter specified, or of such other material or con- struction as may be approved by the superintendent of buildings as conforming to the requirements of the fire and strength tests here- inafter prescribed. 2. Brick arches. When brick is used as floor filling it shall consist of segmental arches having a thickness of not less than four inches for spans of five feet or less, and of not less than eight inches for spans exceeding five feet. Such arches shall be built of good, hard common or hollow brick, laid to a line and properly and solidly bonded. Each longitudinal line of brick shall break joints with the adjoining lines. The arches shall spring from suitable skewbacks, and shall be properly keyed. The rise shall be not less than one inch for each foot of span. The brick shall be well wet before laying, and the joints filled solid with cement mortar. 3. Terra cotta arches, a. Material. When terra cotta is used as floor filling it shall consist of hollow blocks, either hard burned or semi-porous, of uniform density and hardness. The thickness of shells and webs of each block shall be not less than five-eighths of an inch. Interior vertical and horizontal webs of arch blocks shall not be spaced more than four inches apart. The skewbacks shall be of such form and section as to accurately fit the beams and properly receive the thrust of the arches. The arch blocks shall be laid in cement mortar and properly keyed. b. Segmental arches. When terra cotta filling is segmental in form the blocks shall be not less than six inches in depth with at least two cellular spaces in such depth. The rise of such arches shall be not less than one and one-quarter inches for each foot of span. 40 CHAPTER 5 c. Flat arches. When terra cotta filling is in the form of flat arches, the depth of the blocks, unless reinforced with steel, shall be not less than one and one-half inches for each foot of span be- tween the steel beams, exclusive of the portion of the block projecting below the underside of the beams. d. Strength of terra cotta arches. Terra cotta filling shall be so designed that it will safely sustain the superimposed loads by in- creasing so far as may be necessary the depth and the thickness of shells and webs of the blocks. When such filling is reinforced by wire fabric, steel rods or other steel shapes, thoroughly embedded in Portland cement mortar and bonded to the terra cotta, the strength of the construction may be determined by accepted engineering formulae. For the purposes of this section, the working stresses, in pounds per square inch, shall be taken at 500 for terra cotta in com- pression, 16,000 for steel in tension, and 100 for bond between steel and mortar and between terra cotta and mortar. 4. Concrete floor arches, a. Material. When concrete is used as floor filling it shall consist of one part of portland cement, and not more than two parts of sand and five parts of stone, gravel or cinders, reinforced in the case of slab construction with steel as herein pro- vided. The stone or gravel shall be as required for reinforced con- crete in article 16 of this chapter. Cinders shall be clean, well burned steam boiler cinders. b. Reinforcement. When reinforcement is required it shall con- sist of steel rods or other suitable shapes, or steel fabric. The ten- sional reinforcement in any case shall be not less than twelve- hundredths per cent, in the case of cold drawn steel fabric, nor less than twenty-five-hundredths per cent, in the case of other forms, the percentage being based on the sectional area of slab above the center of the reinforcement. The center of the reinforcement shall be at least one inch above the bottom of the slab, but in no case shall any part of the reinforcement come within five-eighths of an inch from the bottom of the slab. c. Segmental form. When the concrete floor filling is used in the form of segmental arches, the thickness shall be at least four inches at the crown. Such arches shall have a rise of not less than one inch for each foot of span. d. Flat construction. When the concrete floor filling is in the form of slabs the thickness shall be not less than four inches, except as otherwise provided in this article for special roof construction. e. Strength of concrete slabs. In determining the safe carrying capacities of concrete slab floor fillings the gross load in pounds per square foot of floor surface shall not exceed the product of the depth in inches of the reinforcement below the top of the slab, by the cross- sectional area in square inches per foot of width of the tensional steel, divided by the square of the span in feet, all multiplied by the following co-efficients when cinder concrete is used, 14,000 if the reinforcement is not continuous over the supports, 18,000 if the reinforcement consists of rods or other shapes securely hooked over or attached to the supports, and 26,000 if the reinforcement consists of steel fabric continuous over the supports, and, when stone con- crete is used, 16,000, 20,000 and 30,000, respectively. BUILDING CODE 41 In determining the safe carrying capacities of concrete floor fillings segmental in form, the compressive stress in pounds per square inch in the concrete shall not exceed 300 for cinder concrete or 500 for stone concrete. Nothing in this section shall prevent the determination of the safe carrying capacity of any form of concrete floor filling approved as fireproof under the provisions of this article, by the usual methods of calculation, provided the stresses used, in pounds per square inch, shall not exceed 300 for cinder concrete in compression, 16,000 for steel in tension, and 50 for bond between cinder concrete and steel, or in the case of stone concrete, the values fixed by article 16. 5. Test of floor fillings, a. Fire tests. In testing the fireproof qualities of any floor filling, at least one panel of the proposed maxi- mum span, carrying a live load of at least one hundred and fifty pounds per square foot, shall be subjected to a fire continuous for four hours at an average temperature of seventeen hundred degrees Fahrenheit, followed by an application for not less than ten minutes of a hose stream from a one and one-eighth inch nozzle at sixty pounds pressure, without appreciable deterioration or the passage of flame through the floor during the test. b. Load tests. When the strength of any floor filling cannot be determined by the methods prescribed in this section or by the ap- plication of accepted engineering formulae the safe uniformly dis- tributed carrying capacity shall be taken as one-sixth of the total load causing failure in a full-sized construction with the load applied at two points each at one-third of the span from the ends of the span. 6. Special roof construction. For mansards and dormers, roofs of bulkheads and roofs having a pitch of more than thirty degrees with the horizontal, blocks of terra cotta, stone or cinder concrete, or gypsum containing not more than twenty-five per cent, by weight of cinders, asbestos fibre, wood chips or vegetable fibre, not less than two inches thick, resting on steel shapes spaced not more than one foot for each inch of thickness in the block may be used instead of the construction prescribed by this section for floors and roofs. 7. Tie rods. The supporting beams in fireproof floors and roofs shall be tied together by steel tie rods of proper size, spacing and location, within the limitations fixed by § 308 of this chapter, pro- vided that when the floor filling is in the form of reinforced slabs and the reinforcement is continuous over the supports or securely attached to the same tie rods may be omitted. 8. Span of floor filling. In fireproof buildings the span of any floor filling shall not exceed eight fee except when reinforced con- crete or reinforced terra cotta is used. 9. Top filling. In fireproof buildings the space between the floor filling and the flooring shall be filled with concrete, consisting of one part of cement and not more than ten parts of cinders, or with other incombustible material approved by the rules of the superintendent of buildings. 10. Cutting floors. After the floor filling is completed, no opening greater than two square feet shall be cut through said floors unless suitable metal framing or reinforcing is provided around the opening. When pipes or conduits pass through floor fillings the openings around 42 CHAPTER 5 the same shall be filled in solidly with fireproof material unless approved close fitting individual sleeves are provided with space around sleeves filled solidly with incombustible material are provided. § 355. Partitions. 1. Materials. Except as otherwise provided in this section or in article 18 of this chapter, partitions hereafter erected in fireproof buildings shall be constructed of the materials and in the manner herein specified: a. Brick in cement mortar. b. Concrete, consisting of one part Portland cement and not more than three parts of sand and six parts of stone or gravel, not less than three inches thick if properly reinforced with steel, nor less than four inches thick otherwise. c. Cinder concrete, consisting of one part Portland cement and not more than three parts of sand and six parts of cinders, not less than four inches thick if properly reinforced with steel, not less than five inches thick otherwise. d. Hollow terra cotta blocks, laid in cement mortar, not less than three inches thick. e. Hollow concrete blocks, of either stone or cinder concrete, laid in cement, mortar, not less than three inches thick. f . Solid or hollow blocks consisting of gypsum containing not more than twenty-five per cent, by weight of either cinders, asbestos fibre, wood chips or vegetable fibre, laid in gypsum plaster or cement mortar tempered with lime, not less than three inches thick. g. Metal lath on a steel studding covered with portland cement mortar of gypsum plaster, of a finished thickness of not less than two inches in the case of solid partitions not less than three inches in the case of hollow partitions; or h. Any material and form of construction that may be approved by the superintendent of buildings as conforming to the requirements of the fire test hereinafter prescribed. But nothing in this section shall prevent the erection, in the direc- tion of the superintendent of buildings, of partitions of pressed metal and glass or of temporary partitions of wood and glass within rooms or spaces enclosed by fireproof partitions or walls. 2. Construction. Unless built as approved masonry walls, parti- tions in fireproof buildings shall be independently supported at each floor. They shall be keyed, or otherwise securely fastened to the ceilings, and, when necessary, shall be stiffened with suitable steel uprights securely fastened to floor and ceiling. Partitions enclosing hallways or toilet rooms and other permanent partitions shall not rest on wood flooring but shall start on the fireproof construction of the floor. 3, Tests of fireproof partitions. In testing the fireproof qualities of any partition construction, a vertical panel not less than fourteen feet long and nine feet high shall be subjected to a fire continuous for not less than one hour at an average temperature of seventeen hundred degrees Fahrenheit during the latter half hour, followed by an application for not less than two and one-half minutes of a hose stream from a one and one-eighth inch nozzle at thirty pounds nozzle pressure, without the passage of flame during the test. § 356. Interior finish. 1. General restrictions. Except as herein- BUILDING CODE 43 after otherwise permitted no woodwork or other combustible ma- terial shall be used in the floors, ceilings, partitions, furrings or other interior finish of fireproof buildings. 2. Woodwork permitted, a. Floor sleepers, door bucks and grounds may be of wood provided that they are not exposed on any side; but this shall not permit the use of anything but lath, furring or forms of metal in ceilings or in ornamental plastering work. b. When the height of the building does not exceed one hundred and fifty feet the doors and windows and their frames, the trim, casings and other interior finish when filled solid at the back with fireproof material, and the flooring may be of wood. 3. Restrictions in buildings over one hundred and fifty feet high. When the height of the building exceeds one hundred and fifty feet. a. the flooring shall be of incombustible material, or of fireproofed wood, provided that in public halls and stairways no wood of any kind, except for handrails, shall be used; b. the inside window frames and sash, doors, trim and other in- terior finish shall be of metal or wood covered with metal, or of fire- proofed wood, or of any incombustible materials or any combination of materials that will show a fire resistance not less than that of fire- proofed wood. 4. Fireproofed wood. The superintendent of buildings shall adopt rules prescribing the tests to which fireproofed wood and incom- bustible materials or any combination of materials shall be sub- jected. Such rules shall also provide for the inspection and marking of the materials, to insure the installation of tested and approved materials only. No wood or other material required to be tested, shall hereafter be placed in any building exceeding one hundred and fifty feet in height except in conformity to the requirements of this section. § 357. Exterior windows. When the height of a fireproof building exceeds one hundred and fifty feet, all exterior window frames and sash shall be of metal, or of wood covered with metal in the manner prescribed by the rules of the superintendent of buildings. § 358. Approvals. 1. Existing approvals continued. Any ma- terial or form of construction coming under the provisions of this article and heretofore approved may be used for the purposes for which it was approved, except so far as it may be inconsistent with specific provisions of this article. 2. New materials and constructions. Approvals for new materials and forms of construction shall be issued in accordance with the provisions of § 22 of this chapter. Nothing in this chapter shall prevent the superintendent of buildings from accepting duly au- thenticated tests by any competent person, in lieu of the tests under his own supervision, provided the intent of this article is secured. § 2. Nothing in this ordinance shall prohibit the use of material already fabricated or of any construction already erected, which conforms to previously existing statutes, but this shall not be con- strued to permit the continuance of any construction erected in violation of any statute previously in force, nor to prevent the col- lection of any penalty heretofore incurred. 44 CHAPTER 9 Article 18. — Fire Walls and Shafts, Section 370. Repealed by ord. effective Sept. 1, 1915. Article 21 . — Construction Generally. Sections 443, 444, 445. Repealed May 1, 1915. Chapter 9. — Electrical Control. {New. Approved July 16, 1916.) Article 1. General provisions. 2. Generators, motors, switchboards. 3. Outside work. 4. Inside work. 5. Fittings, materials and details of construction. 6. Miscellaneous. 7. Violations. Article 1. — General Provisions. Section 1. Definitions. 2. Jurisdiction; powers and duties of the commissioner. 3. Federal buildings. 4. City departments. 6. Public service electric corporations. 6. Installations, alterations or repairs of wiring or ap- pliances. 7. Applications. 8. License board. 9. Fees. 10. Inspection. 11. Certificate of inspection. 12. Supplying current. 13. Discontinuing current. Section 1. Definitions. Unless otherwise expressly stated, the following terms whenever used in this chapter shall respectively be deemed to mean and in- clude: 1. Appliances; all electrical apparatus or fittings, except fuse renewals, incandescent lamp renewals and portable devices which together with their cables and attachments have been approved for connection to appropriate parts of the permanent electrical equip- ment. 2. Approved; approved in writing by the commissioner of water supply, gas and electricity. 3. B. & S. gauge; Brown and Sharpe gauge for wire; 4. Building, any edifice, structure or enclosure, whether roofed or unroofed; 5. Certificate of inspection; the certificate of the commissioner that the installation, alteration or repair of electric wiring or appliances for light, heat or power in a building has been inspected, and is ap- proved by the department, either temporarily or finally; 6. Extra-high potential system; any circuit attached to any machine ELECTRICAL CONTROL 45 or combination of machines which develops a difference of potential between any two wires, of over 3,500 volts, shall be considered as an extra-high potential circuit, and as coming under that class, unless an approved transforming device is used, which cuts the difference of potential down to 3,500 volts or less; 7. High-potential system; any circuit attached to any machine or combination of machines which develops a difference of potential between any two wires, of over 550 volts and less than 3,500 volts, unless an approved transforming device is used, which cuts the difference of potential down to 550 volts or less; for 550 volt motor equipments a margin of 10 per cent, above the 550 volt limit will be allowed at the generator or transformer without coming under high-potential systems; 8. License; the authorization of the commissioner for a person to engage generally in the business of installing, altering or repairing electric wiring or appliances for light, heat or power in buildings; 9. Low-potential system; any circuit attached to any transforming device, machine, or combination of machines, which develops a difference of potential between any two wires, of not over 550 volts; the primary circuit not to exceed a potential of 3,500 volts unless the primary wires are installed in accordance with the requirements as given in No. 13, or are underground; for 500 volt motor equipments a margin of 10 per cent, above the 550 volt limit will be allowed at the generator or transformer; 10. Signalling system; wiring for telephone, telegraph (except wireless telegraph apparatus) district messenger and call bell circuits, fire and burglar alarms, and all similar systems which are hazardous only because of their liability to become crossed with electric light, heat or power circuits. 11. Special license, the authorization of the comynissioner for a person in the exclusive employ of the owner or manager of a building to install, alter or repair electric wiring or appliances for light, heat or power therein during the term of such special license; 12. Special permit; the authorization of the commissioner for a person to install or repair electric wiring or appliances for light, heat or power upon an individual application. § 2. Jurisdiction; powers and duties of the commissioner; The commissioner of water supply, gas and electricity is empowered to 1. Make rules and regulations respecting the installing, altering or repairing of electric wiring or appliances for light, heat or power in or upon any building; 2. Cause any electric wiring or appliance for light, heat or power in or upon any building to be examined and inspected by an officer or employee of the department designated for that purpose; 3. Order in writing the remedying of any defect or deficiency in the installing, altering or repairing of electric wdring or appliances for light, heat or power, in or upon any building; 4. Cause any order of the commissioner which is not complied with, within the time fixed in such order for compliance therewith, to be enforced and to take proceedings for its enforcement. § 3. Federal buildings. 46 CHAPTER 9 Nothing in this chapter shall be construed to apply to any building, the electrical equipment of which is under the control of the Unitea States Government or of any department or officer thereof. § 4. City departments. The various departments, boards and officers of the city shall be subject to the provisions of this chapter in so far as the same may be applicable, but shall not be required to pay fees; provided, that nothing in this chapter shall be so construed as to affect or in any way modify the provisions of § 7, article 1 of chapter 9 of this code or of chapter 458 of the laws of 1912. § 5. Public service electric corporations. The provisions of this chapter shall not apply 1. To electrical equipment used in connection with railroads. 2. To the following described electrical equipment used in con- nection with lighting and power companies: (a) generating stations, (b) substations, (c) storage battery stations, (d) storage buildings and yards and (e) service switches and controlling devices and meters and their attached controlling and testing devices; provided, that the electrical equipment hereinabove referred to be owned or leased and operated by, or for the exclusive benefit of, persons or corpora- tions subject to the jurisdiction of either of the public service com- missions of the State of New York, or their successors. § 6. Installations, alterations or repairs of wiring or appliances. 1. Generally. No person shall install, alter or repair electric wiring or appliances for light, heat or power in any building except a person holding a license, a special license or a special permit as defined in § 1 of this chapter, or a person employed by arid working under the general supervision of the holder of a license, a special license or a special permit, and after application for a certificate of inspection of such installation, alteration or repair. A license or a special license shall remain in force for 1 year from the date of issue, and a special permit shall remain in force during the performance of the work which it authorizes, unless modified, suspended or revoked as here- inafter provided; but in no case shall a special permit remain in force for more than 1 year. 2. Modification, suspension or revocation of special permits and licenses. The commissioner may at any time by an order in writing, for good cause shown, modify, suspend or revoke any special permit issued pursuant to this chapter, and in like manner, but upon recom- mendation of the license board, he may modify, suspend or revoke any license similarly issued. § 7. Applications. All applications for licenses, special licenses, special permits or certificates of inspection shall be made to the commissioner, in such form and detail as he may from time to time prescribe. A license, special license or special permit shall not be transferable. § 8. License board. 1. Organization. The commissioner shall appoint a board to de- termine the fitness of applicants for licenses, which shall consist of : 1. An officer or employee of the department; b. A master or employing electrician; c. A journeyman electrician; ELECTRICAL CONTROL 47 d. An underwriters’ electrical inspector; e. An electrician in the employ of a public service corporation of the city; f. An architect or builder of at least five years’ practical ex- perience; g. A real estate owner or broker. The member of the board who is an officer or employee of the de- partment shall serve as chairman, and all members shall serve with- out compensation. Four members, including the chairman, who shall be entitled to vote, shall constitute a quorum of the board for the transaction of business; but no recommendation for the issue, modification, suspension or revocation of a license shall be adopted except by the vote of four members of the board. 2. Jurisdiction. All applications for licenses or special licenses shall be referred by the commissioner to the board, which shall promptly investigate and report to the commissioner as to the fitness for license of the respective applicants. The board shall meet at least once in every week for the consideration of such applications. The board shall investigate and report to the commissioner respecting any charge that may be made against the holder of a license or a special license. § 9. Fees. There shall be charged and collected by the commissioner a fee of $10 for each license issued under the provisions of this chapter and thereafter an annual fee of $5 for each renewal of such license and a fee of $1 for each special license or special permit so issued. § 10. Inspection. The commissioner or any duly authorized officer or employee of the department of water supply, gas and electricity may enter or go upon, at any reasonable hour, any building in or upon which are wires or other apparatus for electric currents for light, heat or power, to make inspection of such wires or other appliances or for any other purpose in furtherance of the provisions of this chapter. § 11. Certificate of inspection. 1. Issue. If, after inspection, the electric wiring or appliances for light, heat or power in a building shall be found by the commissioner to have been installed, altered or repaired in conformity with the requirements of this chapter, he shall issue a temporary or final certificate of inspection therefor. 2. Modification y suspension or revocation. The commissioner may at any time by an order in writing, for good cause shown, modify, suspend or revoke any certificate of inspection issued pursuant to this chapter, but no such order shall be effective unless same shall state specifically the reason therefor, nor until a copy of such order has been served upon the owner, lessee or occupant of the premises affected thereby; or, if the owner, lessee or occupant cannot be ascertained or located by the exercise of reasonable diligence, a copy of such notice shall have been conspicuously posted upon the prem- ises. § 12. Supplying current. No person shall supply electric current for light, heat or power to any wiring or appliances in any building until a certificate of in- 48 CHAPTER 9 spection, temporary or final, authorizing the use of said wiring or appliances shall have been issued by the commissioner. § 13. Discontinuing current. If, in the judgment of the commissioner, after due inspection, the electric wiring or appliances in any building, shall be unsafe or dan- gerous to persons or property, the commissioner shall have power to cause such wires or appliances to be disconnected from the sup- pl}dng wires or apparatus and to seal the wiring and appliances so disconnected. Thereafter no person shall cause or permit electric current to be supplied to wiring or appliances so sealed until the same shall have been made safe and the commissioner shall have issued a certificate to that effect; provided, however, that no wiring or appliances shall be disconnected pursuant to this section until a notice in writing, stating specifically the reason why such wiring or appliances must be disconnected, shall have been served upon the owner, lessee or occupant of the premises affected thereby, or con- spicuously posted in or upon said premises, and a duplicate thereof shall have been delivered to the person supplying the current to such wiring or appliances. Article 2. — Generators^ Motors^ Switchboards. Section 201. Generators. 202. Conductors from generators to switchboards, rheostats or other instruments and thence to outside lines. 203. Switchboards. 204. Resistance devices. 205. Lightning arresters. 206. Care and attendance. 207. Testing of insulation resistance. 208. Motors. 209. Railway power plants. 210. Storage or primary batteries. 211. Transformers. Section 201. Generators. a. Generators must be located in a dry place. b. Generators must never be placed in a room where any hazardous process is carried on, nor in places where they would be exposed to inflammable gases or flyings of combustible materials. c. Generators must, when operating at a potential in excess of 550 volts, have their base frames permanently and effectively grounded. Generators must, when operating at a potential of 550 volts or less, be thoroughly insulated from the ground wherever feasible. Wooden base frames used for this purpose, and wooden floors which are depended upon for insulation where, for any reason, it is neces- sary to omit the base frames, must be kept filled to prevent absorp- tion of moisture, and must be kept clean and dry. Where frame insulation is impracticable^ special permission for its omission may be given in writing, in which case the frame must be permanently and effectively grounded. d. Constant potential generators, except alternating current ELECTRICAL CONTROL 49 machines and their exciters, must be protected from excessive cur- rent by safety fuses or equivalent devices of approved design. For two- wire D. C. generators, single-pole protection will be con- sidered as satisfying the above rule, provided the safety device is so located and connected that the means for opening same is actuated by the entire generator current, and the action thereof will completely open the generator circuit. For two- wire D. C. generators used in conjunction with balance sets to obtain a neutral for three-wire systems, a protective device must be installed, which in case of the excessive unbalancing of voltages will operate to disconnect the three-wire system. If a generator, not electrically driven, in a two-wii'e system has one terminal grounded, the safety device above mentioned must be placed in the grounded lead. For three-wire direct-current generators compound or shunt wound, a safety device must be placed in each armature lead, and so connected as to receive the entire current from the armature. Fuses will not be acceptable. The safet}^ device must consist of either: (1) A double pole, double coil, overload circuit breaker, or (2) a four-pole circuit breaker connected in the main and equalizer leads, and tripped by means of two overload devices, one in each armature lead. The safety devices above required must be so interlocked that no pole can be opened without simultaneously disconnecting both sides of the armature from the system. e. Generators must each be provided with a name-plate, giving the maker^s name, the capacity in volts and amperes, and the normal speed in revolutions per minute. f. Terminal blocks when used on generator must be made of approved non-combustible, non-absorptive, insulating material, such as slate, marble or porcelain. g. The use of soft rubber bushings to protect the lead wires coming through the frames of generators is permitted, except when installed where oils, grease, oily vapors or other substances known to have rapid deleterious efiFect on rubber are present in such quantities and in such proximity to motor or dynamo as may cause such bushing to be liable to rapid destruction. In such cases hard wood, properly filled, or preferably porcelain or micanite bushings must be used. § 202. Conductors from generators to switchboards, rheostats or other instruments, and thence to outside lines. a. Conductors must be in plain sight or readily accessible. Wires from generator to switchboard may, however, be placed in a run-way in the brick or cement pier on which the generator stands. When protection against moisture is necessary, lead-covered cable or iron conduit must be used. b. Conductors must have an approved insulating covering as called for by rules in article 4 of this chapter for similar work, except that in central stations, on exposed circuits, the wire which is used must have a heavy-braided, non-combustible outer covering. Con- ductors used as bus bars may be made of bare metal. Wires with inflammable outer braiding, when brought close together, as in the rear of switchboards, must, when required, be each surrounded with 4 r>o CHAPTER 0 a tight, non-combustible outer cover. Flame proofing must be stripped back on all cables a sufficient amount to give the necessary insulation distances for the voltage of the circuit on which the cable is used. c. Conductors must, where not in a conduit, be kept so rigidly in place that they cannot come in contact. d. Conductors must in all other respects be installed with the same precautions as required by rules in article 4 for wires caiTving a current of the same volume and potential. e. In wiring switchboards, the ground detector, voltmeter, pilot lights and potential transformers must be connected to a circuit of not less than No. 14 B. & S. gauge wire that is protected by an ap- proved fuse, this circuit not to carry over 660 watts. For the protection of instruments and pilot lights on switchboards, approved N. E. Code Standard Enclosed Fuses are preferred, but approved enclosed fuses of other designs of not over two (2) amperes capacity, may be used. § 203. Switchboards. a. Switchboards must be so placed as to reduce to a minimum the danger of communicating fire to adjacent combustible material. Switchboards must not be built up to the ceiling, a space of three feet being left, if possible, between the ceiling and the board. The space back of the board must be kept clear of rubbish and not used for storage purposes. b. Switchboards must be made of non-combustible material. c. Switchboards must be accessible from all sides when the con- nections are on the back, but may be placed against a brick or stone wall when the wiring is entirely on the face. If the wiring is on the back, there must be a clear space of at least eighteen inches between the wall and the apparatus on the board, and even if the wiring is entirely on the face, it is much better to have the board set out from the wall. d. Switchboards must be kept free from moisture. e. Wires with inflammable outer braiding, when brought close together, as in the rear of switchboards, must, when required, be each surrounded with a tight, non-combustible outer cover. Flame proofing must be stripped back on all cables a sufficient amount to give the necessary insulation distances for the voltage of the circuit on which the cable is used. § 204. Resistance devices. a. Resistance devices must be placed on a switchboard, or at a distance of at least one foot from combustible material, or separated therefrom by a slab or panel of non-combustible, non-absorptive insulating material such as slate, soapstone or marble, somewhat larger than the rheostat, which must be secured in position inde- pendently of the rheostat- supports. Bolts for supporting the rheo- stat shall be countersunk, at least 1-8 inch, below the surface at the back of the slab and the bolt heads shall be covered with insulat- ing material. For proper mechanical strength, slab should be of a thickness consistent with the size and weight of the rheostat, and in no case to be less than 3^ inch. If resistance devices are installed in rooms where dust or com- E1.ECTIUCAL CONTROL 51 bustible flyings are liable to accumulate on them, they must be equipped with dust-proof face-plates. b. Where protective resistances are necessary in connection with automatic rheostats, incandescent lamps may be used, provided that they do not carry or control the main current nor constitute the regulating resistance of the device. When so used, lamps must be mounted in porcelain receptacles upon non-combustible supports, and must be so arranged that they cannot have impressed upon them a voltage greater than that for which they are rated. They must in all cases be provided with a name-plate, which shall be permanently attached beside the porcelain receptacle or receptacles and stamped with the candlepower and voltage of the lamp or lamps to be used in each receptacle. Under special authorization in writing, given in advance, in- candescent lamps may be used for the purpose of resistances in series with other devices when mounted in porcelain receptacles upon non-combustible supports and so arranged that they cannot have impressed upon them a voltage greater than that for which they are rated. c. Wherever insulated wire is used for connection between re- sistance elements and the contact device of a rheostat, the insulation must be non-combustible or slow burning. For large field rheostats and similar resistances, where the contact devices are not mounted upon them, the connecting wires having slow burning insulation may be so arranged in groups that the maximmn difference of potential betw^een any two wires in a group shall not exceed 75 volts. Each group of wires must either be mounted on non-combustible, non-absorptive insulators giving at least 3^ inch separation from surface wired over, or, especially where it is necessary to protect same from mechanical injury, each group of wires may be encased in approved flexible tubing and placed in approved conduit, the flexible tubing to extend at least 1 inch beyond the ends of the conduit. § 205. Lightning arresters. a. Lightning arresters must be attached to each wire of every overhead circuit connected with the station. b. Lightning arresters must be located in readily accessible places away from combustible materials, and as near as practicable to the point where the wires enter the building. In all cases, kinks, coils, and sharp bends in the wires between the arresters and the outdoor lines must be avoided as far as possible. c. Lightning arresters must be connected with a thoroughly good and permanent ground connection by metallic strips or wires having a conductivity not less than that of a No. 6 B. S. gauge copper wire, which must be run as nearly in a straight line as possible from the arresters to the ground connection. Ground wires for lightning arresters must not be attached to gas pipes within the buildings nor be run inside of iron pipes. d. All choke coils or other attachments, inherent to the lightning protection equipment, shall have an insulation from the ground or other conductors equal at least to the insulation demanded at other points of the circuit in the station. § 206. Care and attendance. CHAPTER 9 ry2 a. A competent man must be kept on duty where generators are operating. b. Oily waste must be kept in approved waste cans and removed daily. § 207. Testing of insulation resistance. a. All circuits except such as are permanently grounded in ac- cordance with § 215 of this chapter must be provided with reliable ground detectors. Detectors which indicate continuously and give an instant and permanent indication of a ground are preferable. Ground wires from detectors must not be attached to gas pipes within the building. b. Where continuously indicating detectors are not feasible, the circuits should be tested at least once per day, and preferably oftener. § 208. Motors. a. Motors must, when operating at a potential in excess of 550 volts, have no exposed live metal parts, and have their base frames permanently and effectively grounded. Motors operating at a potential of 550 volts or less must be thoroughly insulated from the ground wherever feasible. Wooden base frames used for this purpose, and wooden floors, which are de- pended upon for insulation where, for any reason, it is necessary to omit the base frames, must be kept filled to prevent absorption of moisture, and must be kept clean and dry. Where frame insulation is impracticable, special permission, in writing, may be given for its omission, in which case the frame must be permanently and ef- fectively grounded. b. Motors operating at a potential of 550 volts or less must be wired with the same precautions as required by rules in article 4 of this chapter, for wires carrying a current of the same volume. Motors operating at a potential between 550 and 3,500 volts must be wired with approved multiple conductor, metal sheathed cable in approved unlined nrietal conduit firmly secured in place. The metal sheath must be permanently and effectively grounded, and the construction and installation of the conduit must conform to rules for interior conduits (see § 428 of this chapter), except that at outlets approved outlet bushings shall be used. The motor leads or branch circuits must be designed to carry a current at least 25 per cent, greater than that for which the motor is rated. Where the wires under this rule would be overfused in order to provide for the starting current, as in the case of many of the alternating current motors, the wires must be of such size as to be properly protected by these larger fuses. The current used in determining the size of varying speed al- ternating current motor leads or branch circuits must be the per- centage of the 30-minute current rating of the motor as given for the several classifications of service in the following table: ELECTRICAL CONTROL Percentage of current Classification of Services. rating of motor. Operating valves, raising or lowering rolls, tool heads, etc. . . . 200 Hoists, rolls, ore and coal-handling machines 180 Freight elevators, shop cranes 160 Passenger elevators 140 Rolling tables, pumps 120 The insulation of the several conductors for high-potential motors, where leaving the metal sheath at outlets, must be thoroughly pro- tected from moisture and mechanical injury. This may be accom- plished by means of a pot head or some equivalent method. The conduit must be substantially bonded to the metal casings of all fittings and apparatus connected to the inside high-tension circuit. Where outside wires directly enter the motor room, special per- mission, in writing, must be obtained to install the wires for high- potential motors according to the general rules for high-potential systems. e. Each motor and resistance box must be protected by a cut-out and controlled by a switch (see § 419a of this chapter), said switch plainly indicating whether ^‘on’^ or (except as provided for electric cranes, see §443c). Small motors may be grouped under the protection of a single set of fuses, provided the rated capacity of the fuses does not exceed 6 amperes. With motors of } 4 . horse power or less, on circuits where the voltage does not exceed 300, single pole switches may be used as allowed in § 424c of this chapter. The switch and rheostat must be located within sight of the motor, except in cases where special permission in writing is given to locate them elsewhere. Where the circuit-breaking device on the motor-starting rheostat disconnects all wires of the circuit, the switch called for in this sec- tion may be omitted. Overload-release devices on motor-starting rheostats will not be considered to take the place of the cut-out required by this section. An automatic circuit-breaker disconnecting all wires of the circuit may serve as both switch and cut-out. Where rubber-covered wire is used for the leads or branches of A. C. motors of the types requiring large starting currents, the wire may be protected in accordance with table B of § 418 of this chapter, except when circuit-breakers are installed w^hich are equipped with time-element devices. d. Rheostats must be so installed as to comply with all the re- quirements of § 204 of this chapter. Auto starters must comply with requirements of § 204c of this chapter. Auto starters, unless equipped with tight casings enclosing all current-carrying parts, in all wet, dusty or linty places, must be enclosed in dust-tight, fireproof cabinets. Where there is any liability of short circuits across their exposed live parts due to accidental contacts, a raihng must be erected around them. 54 CHAPTER 9 e. Motors must not be run in series-multiple or multiple-series, except on constant-potential systems, and then only by special permission. f. Motors must be covered with a waterproof cover when not in use, and, if deemed necessary, must be enclosed in an approved case. Such enclosures must be readily accessible, dust-proof and suffi- ciently ventilated to prevent an excessive rise of temperature. Where practicable the sides should be made largely of glass, so that the motor may be always plainly visible. The use of enclosed type motors is recommended in dusty places, being preferable to wooden boxing. Where deemed necessary, motors permanently located on wooden floors must be provided with suitable drip pans. g. Motors must, when combined with ceiling fans, be hung from insulated hooks, or else there must be an insulator interposed be- tween the motor and its support. h. Motors must each be provided with a name-plate, giving the maker’s name, the capacity in volts and amperes, and the normal speed in revolutions per minute. All varying (or variable) speed alternating current motors except those used for railway service must be marked with the maximum current which they can safely carry for 30 minutes, starting cold. i. Terminal blocks, when used on motors, must be made of ap- proved non-combustible, non-absorptive insulating material, such as slate, marble or porcelain. j. Adjustable-speed motors, unless of special and appropriate design, if controlled by means of field regulation, must be so arranged and connected that they cannot be started under weakened field. k. The use of soft rubber bushings to protect the lead wires coming through the frame of motors is permitted, except when installed where oils, grease, oily vapors or other substances known to have rapid deleterious effect on rubber are present in such quantities and in such proximity to motors as may cause such bushings to be liable to rapid destruction. In such cases hardwood properly filled, or preferably porcelain or micanite bushings must be used. § 209. Railway power plants. a. Each feed wire before it leaves the power plant must be pro- tected by an approved automatic circuit-breaker or other device, which will immediately cut off the current in case of an accidental ground. This device must be mounted on a fireproof base, and in full view and reach of the attendant. § 210. Storage or primary batteries. a. When current for light and power is taken from primary or secondary batteries, the same general regulations must be observed as apply to similar apparatus fed from generators developing the same difference of potential. b. Storage battery rooms must be thoroughly ventilated. c. Special attention is directed to the rules for wiring in rooms where acid fumes exist (see § 426 i, j, of this chapter). d. All secondary batteries must be mounted on non-absorptive, non-combustible insulators, such as glass or thoroughly vitrified and glazed porcelain. ELECTRICAL CONTROL 55 e. The use of any metal liable to corrosion must be avoided in cell connections of secondary batteries. § 211. Transformers. a. In central or sub-stations the transformers must be so placed that smoke from the burning out of the coils or the boiling over of the oil (where oil-filled cases are used) can do no harm. b. In central or substations casings of all transformers must be permanently and effectively grounded. Transformers used exclusively to supply current to switchboard instruments need not be grounded, provided they are thoroughly insulated. Article 3, — Outside Work. Section 312. Wires on outside of buildings. 313. Services. 314. Transformers. 315. Grounding low-potential circuits. Section 312. Wires on outside of buildings. a. This article shall not apply to conductors on highways. b. Wires must, for services of No. 6 B. & S. gauge or smaller, consist of approved rubber covered multiple conductor cable and must enter the building in the manner prescribed by the second paragraph of § 312 f of this chapter. If necessary to carry the service cable across the face of the building before entering, it may be extended in flexible metal conduit, or a waterproof conduit system must be employed. c. Wires must be at least 7 feet above the highest point of flat roofs, and at least 1 foot above the ridge of pitched roofs over which they pass or to which they are attached and roof structures must be substantially constructed. Roof lines will be permitted only under special authorization in writing. d. Wires extended on the exterior walls of buildings must have a rubber insulating covering, and, if not protected by fuses, must be kept at least 1 foot apart and supported on petticoat insulators of glass or porcelain placed not more than 15 feet apart, the distance between supports to be shortened if wires are liable to be disturbed. e. Wires must be so spliced or joined as to be both mechanically and electrically secure without solder. The joints must then be soldered, to insure preservation, and covered with an insulation equal to that on the conductors. All joints must be soldered unless made with some form of ap- proved splicing device. f . Wires must where they enter buildings, have drip loops outside, and the holes through which the conductors pass must be bushea with non-combustible, non-absorptive insulating tubes, slanting up- ward toward the inside; or the service wires may be brought into buildings through a single iron conduit, in which case the conduit shall be equipped with an approved service-head. The inner end must extend to the service cut-out, and if a cabinet is required by this article must properly enter the cabinet. § 313. Services. a. Each building shall be supplied by a separate service. 50 CHAPTEK 9 b. Where a row of separate buildings is to receive its supply from an overhead main one service cable shall be run from the pole" to the row, and from the first attachment to the building sub-services or a service main shall extend in conduit along the face of the row. One service cable shall supply not more than five buildings, except under special permission in writing, given in advance. The same plan of sub-services may be employed in connection with underground services, under the same restrictions. § 314. Transformers. a. Transformers must not be attached to any building when the potential exceeds 550 volts, except by special permission, and when attached to buildings must be separated therefrom by substantial supports. § 315. Grounding low-potential circuits. a. Direct-current three-wire systems. Neutral wire must (except where supplied from private industrial power or lighting plants where the primary voltage does not exceed 550 volts) be grounded and the following rules must be complied with: 1. The neutral wire must be permanently and effectively grounded at the central station. The ground connection must include all available underground complete metallic piping systems. 2. In underground systems the neutral wire must also be grounded at each distributing box through the box. 3. In overhead systems the neutral wire must be grounded every 500 feet, as provided in paragraphs c to g of this section. b. Alternating-current secondary systems. Transformer secondaries of distributing systems must be grounded, provided the maximum difference of potential between the grounded point and any other point in the circuit does not exceed 320 volts. The following rules must be comphed with: 1. The grounding must be made at the neutral point or wire, whenever a neutral point or wire is accessible. 2. When no neutral point or wire is accessible one side of the secondary circuit must be grounded. 3. The ground connection must be at the transformers or on the individual service as provided in paragraphs c to g of this section, and when transformers feed systems with a neutral wire, the neutral wire must also be grounded at least every 500 feet. c. Ground wire, in buildings. When the ground connection is in- side of any building, or the ground wire is inside of, or attached to any building (except central or sub-stations) the ground wire must be of copper and have an approved rubber insulating covering, National Electrical Code Standard, for from 0 to 600 volts. d. Ground wire, sizes. The ground wire in direct-current three- wire systems No. 6 B. & S. gauge elsewhere. The ground wire in alternating current systems must not at central stations be smaller than the neutral wire and not smaller than or never be less than No. 6 B. & S. gauge. On three-phase systems the ground wire must have a carrying capacity equal to that of any one of the three mains. e. Ground wire, installation. The ground wire must, except for central stations and transformer sub-stations, be kept outside of ELECTRICAL CONTROL 57 buildings as far as practicable, but may be directly attached to the building or pole by cleats or straps or on porcelain knobs. Staples must never be used. The wire must be carried in as nearly a straight line as practicable, avoiding kinks, coils and sharp bends, and must be protected when exposed to mechanical injury. f. Ground connections^ central stations. The ground connection for central stations, transformer sub-stations, and banks of transformers must be permanent and effective and must include all available underground piping systems, including the lead sheath of under- ground cables. g. Ground connections ^ generally. For individual transformers and building services the ground connection may be made as in para- graph f of this section, or may be made to water piping systems run- ning into buildings. With overhead service, this connection may be made by carrying the ground wire into the cellar and connecting on the street side of meters, main cocks, etc. Where the service enters the cellar or basement, this connection may be made by carrying the ground wire through the cellar or base- ment and connecting as above. Where the ground wire is run through any part of a building, un- less run in approved conduit, it shall be protected by porcelain bushings through walls or partitions and shall be run in approved moulding, except that in basements it may be supported on porcelain. Connections should not be made to piping systems whdch have cement joints, but should only be made to complete metallic pipe systems. Section 416. 417. 418. 419. 420. 421. 423. 424. 425. 426. 427. 428. 429. 430. 431. 432. 433. 434. 435. 436. 437. 438. 439. Article 4 . — Inside Work. Wires, general. Underground conductors. Table of allowable carrying capacities of wires. Switches, cut-outs, circuit-breakers. Limitation of potential. Arc lamps. Automatic cut-outs (fuses and circuit-breakers). Switches. Electric heaters. Wires, low potential systems. Armored cables. Interior conduits. Metal mouldings. Fixtures. Sockets. Flexible cord. Arc lamps on constant-potential circuits. Vapor lamps. Economy coils. Transformers, low potential. Decorative lighting systems. Theatre and moving picture establishment wiring. Outline lighting. 58 CHAPTER 9 439a. Garages. 442. Lighting and power from railway wires. 443. Electric cranes. 444. Wires, high potential systems. 445. Transformers, high potential. 447. Primary wires. 448. Secondary wires. Section 416. Wires, general. a. Wires must not be of smaller size than No. 14 B. & S. gauge, except as allowed for fixture work and pendant cord. b. Conductors of size No. 8 B. & S. gauge or over used in connection with solid knobs must be securely tied thereto. If wires are used for tying they must have an insulation of the same type as the con- ductors they confine. Solid knobs or strain insulators must be used for all wires at the end of runs where conductors are terminated. Split knobs or cleats must be used for the support of conductors smaller than No. 8 B. & S. gauge, except at the end of runs. Knobs or cleats which are arranged to grip the wire must be fastened by either screws or nails. If nails are used, they must be long enough to penetrate the woodwork not less than 3^ the length of the knob and fully the thickness of the cleat, and must be pro- vided with washers which will prevent, imder reasonable usage, injury to the knobs or cleats. c. Wires must be so spliced or joined as to be both mechanically and electrically secure without solder. The joints must then be soldered unless made with some form of approved splicing device, and covered with an insulation equal to that on the conductors. Stranded wires (except in flexible cords) must be soldered before being fastened under clamps or binding screws, and whether stranded or solid, when they have a conductivity greater than that of No. 8 B. & S. gauge they must be soldered into lugs for all terminal con- nections, except where an approved solderless terminal connector is used. d. Wires must be separated from contact with walls, floors, tim- bers or partitions through which they may pass by non-combustible, non-absorptive insulating tubes, such as glass or porcelain, except at outlets where approved flexible tubing is required. Bushings must be long enough to bush the entire length of the hole in one continuous piece, or else the hole must first be bushed by a continuous waterproof tube. This tube may be a conductor, such as iron pipe, but in that case an insulating bushing must be pushed into each end of it, extending far enough to keep the wire absolutely out of contact with the pipe. e. Where not enclosed in approved conduit, moulding or armored cable, and where liable to come in contact with gas, water or other metallic piping or other conducting material, wires must be separated therefrom by some continuous and firmly fixed non-conductor creat- ing a permanent separation. Must not come nearer than 2 inches to any other electric lighting, power or signaling wire, not enclosed as above, without being permanently separated therefrom by some continuous and firmly fixed non-conductor. The non-conductor used as a separator must be in addition to the regular insulation on ELECTRICAL CONTROL 59 the wires. Where tubes are used they must be securely fastened at the ends to prevent them from moving along the wire. Deviations from this rule may, when necessary, be allowed by special permission. f. Wires must be so placed in wet places that an air space will be left between conductors and pipes in crossing, and the former must be run in such a way that they cannot come in contact with the pipe accidentally. Wires should be run over, rather than under, pipes upon which moisture is likely to gather or which, by leaking, might cause trouble on a circuit. g. The installation of electrical conductors in wooden moulding, or on insulators, in elevator shafts will not be approved, but con- ductors may be installed in such shafts if encased in approved metal conduits or armored cables. § 417. Underground conductors. a. Underground conductors must be protected against moisture and mechanical injury where brought into a building, and all com- bustible material must be kept from the immediate vicinity. b. Underground conductors must not be so arranged as to shunt the current through a building around any catch-box. c. Where underground service enters building through tubes, the tubes shall be tightly closed at outlets with asphaltum or other non- conductor, to prevent gases from entering the building through such channels. d. No underground service from a subway to a building and no service from a private generating plant shall supply more than one building, except by special permission. Where one or more buildings are supplied from another, the conductors are to be carried outside the buildings. Conductors carried under 2 inches of concrete under a building or buried back of 2 inches of concrete or brick within a wall are considered as lying outside the building. § 218. Table of allowable carrying capacities of wires. a. The following table, showing the allowable carrying capacities of copper wires and cables of 98 per cent, conductivity, according to the standard adopted by the American Institute of Electrical Engineers, must be followed in placing interior conductors. For insulated aluminum wire the safe carrying capacity is 84 per cent, of that given in the following table for copper wire with the same kind of insulation. 50 CHAPTER 9 Table A. Table B. Rubber Other Insulation. Insulations. B. & S. G. Amperes. Amperes. Circ. Mils. 18 3 5 1,624 16 6 10 2,583 14 15 20 4,107 12 20 25 6,530 10 25 30 10,380 8 35 50 16.510 6 50 70 26;250 5 55 80 33,100 4 70 90 41,740 3 80 100 52,630 2 90 125 66,370 1 100 150 83,690 0 125 200 105,500 00 150 225 133,100 000 175 275 167,800 0000 225 325 211,600 Circular Mils. 200.000 200 300 300.000 275 400 400.000 325 500 500.000 400 600 600.000 450 680 700.000 500 760 800.000 550 840 900.000 600 920 1.000. 000 650 1,000 1.100.000 690 1,080 1.200.000 730 1,150 1.300.000 770 1,220 1.400.000 810 1,290 1.500.000 850 1,360 1.600.000 890 1,430 1.700.000 930 1,490 1.800.000 970 1,550 1.900.000 1,010 1,610 2.000. 000 1,050 1,670 § 419. Switches, cut-outs, circuit breakers, etc. a. On constant-potential circuits, all service switches and all switches controlling circuits supplying current to motors or heating- devices, and all fuses, unless otherwise provided (for exceptions as to switches see §§ 208c, 425a and 443c of this chapter; for exceptions as to cut-outs see § 423, a b of this chapter) must be so arranged that the fuses will protect and the opening of the switch will dis- connect all of the wires; that is, in the two- wire system the two wires, and the three-wire system the three wires, must be protected by the fuses and disconnected by the operation of the switch. ELECTRICAL CONTROL 61 When installed without other automatic overload protective de- vices automatic overload circuit breakers must have the poles and trip coils so arranged as to afford complete protection against over- loads and short circuits, and if also used in place of the switch must be so arranged that no pole can be opened manually without dis- connecting all the wires. This, of course, does not apply to the grounded circuit of street railway systems. b. Switches, cut-outs, circuit-breakers, etc., must not be placed where exposed to mechanical injury nor in the immediate vicinity of easily ignitable stuff or where exposed to inflammable gases or dust or to flyings of combustible material. Where the occupancy of a building is such that switches, cut-outs, etc., cannot be located so as not to be exposed as above they must be enclosed in approved dust-proof cabinets with self-closing doors, except oil switches and circuit breakers which have dust-tight cas- ings. c. Switches, cut-outs, circuit-breakers, etc., must, when exposed to dampness, either be enclosed in a moisture-proof box or mounted on porcelain knobs. The cover of the box must be so made that no moisture which may collect on the top or sides of the box can enter it. d. Time switches, sign flashers and similar appliances must be of approved design and enclosed in approved cabinets. § 420. Limitation of potential. The installation in any building, except a central station, or a sub- station, or a transformer vault, of electric light or power wiring or appliances operating at a potential in excess of 750 volts is prohibited. § 421. Arc lamps. Arc lamps must be provided at all times with glass globes sur- rounding the arc and securely fastened in place. Broken or cracked globes must not be used. Globes must be provided with wire netting having a mesh not exceeding 1 inches. The netting may be omitted where tight inner globes are employed. § 423. Automatic cut-outs (fuses and circuit-breakers). a. Automatic cut-outs must be placed on all service wires, either overhead or underground, in the nearest accessible place to the point where they enter the building and inside the walls, and arranged to cut off the entire current from the building. Departure from this rule may be authorized only under special permission in writing. Where the switch required by § 424a of this chapter is inside the building, the cut-out required by this section must be placed so as to protect it. For three-wire (not three-phase) systems the fuse in the neutral wire may be omitted, provided the neutral wire is of equal carrying capacity to the larger of the outside wires, and is grounded as pro- vided for in § 315 of this chapter. In risks having private plants, the yard wires running from building to building are not considered as service wires, so that cut-outs would not be required where the wires enter buildings, provided that the next fuse back is small enough to properly protect the wires inside the building in question. b. Automatic cut-outs must be placed at every point where a (32 CHAPTER 9 change is made in the size of wire, unless the cut-out in the larger wire will protect the smaller (see § 418 of this chapter). For three-wire direct current or single phase systems the fuse in the neutral wire, except that called for under paragraph d of this section, may be omitted, provided the neutral wire is grounded as provided for in § 315 of this chapter. c. Automatic cut-outs must be in plain sight or enclosed in an approved cabinet, and readily accessible. They must not be placed in the canopies or shells of fixtures. Link fuses may be used only when mounted on approved slate or marble bases and must be enclosed in dust-tight, fire-proofed cabinets, except on switchboards. d. Automatic cut-outs must be so placed that no set of small motors, small heating devices or incandescent lamps, whether grouped on one fixture or on several fixtures or pendants (nor more than 16 sockets or receptacles) requiring more than 660 watts will be dependent upon one cut-out. By special permission, in cases where wiring equal in size ami in- sulation to No. 14 B. & S. gauge approved rubber-coated wire is carried direct into keyless sockets or receptacles, and where the location of sockets and receptacles is such as to render unlikely the attachment of flexible cords thereto, the circuits may be so arranged that not more than 1,320 watts (or 32 sockets or receptacles) will be dependent upon the final cut-out. Except for signs and outline lighting, sockets and receptacles will be considered as requiring not less than 40 watts each. All branches of taps from any three-wire system which are directly connected to lamp sockets or other translating devices, must be run as two-wire circuits if the fuses are omitted in the neutral, or if the difference of potential between the two outside wires is over 250 volts, and both wires of such branch or tap circuits must be protected by proper fuses. The above shall also apply to motors, except that small motors may be grouped under the protection of a single set of fuses, pro- vided the rated capacity of the fuses does not exceed 10 amperes. When 1,320 watts are dependent upon one fusible cut-out, as is allowed in theatre wiring, outline lighting and large chandeliers, the fuses may be in accordance with the following tables — 125 volts or less 20 amperes 125 to 250 volts 10 amperes e. The rated capacity of fuses must not exceed the allowable carrying capacity of the wires as given in § 418 of this chapter. Circuit-breakers must not be set more than 30 per cent, above allow- able carrying capacity of the wire, unless a fusible cut-out is also installed on the circuit. Where rubber covered wire is used for the leads or branches of A. C. motors of the types requiring large start- ing currents, the wire may be protected in accordance with Table B of § 418 of this chapter, except when circuit breakers are installed which are equipped with time element devices. Fixture wires or flexible cord of No. 18 B.&S. gauge will be con- sidered as properly protected by 10 ampere fuses. f. Each wire of motor circuits except on main switchboard or ELECTRICAL CONTROL 03 when otherwise subject to competent supervision, must be pro- tected by an approved fuse whether automatic overload circuit breakers are installed or not. Single-phase motors may have one side protected by an approved automatic overload circuit-breaker only, if the other side is protected by an approved fuse. For circuits having a maximum capacity greater than that for which enclosed fuses are approved circuit-breakers if used without fuses will be approved. § 424. Switches. a. Switches must be placed on all service wires, either overhead or underground, in the nearest readily accessible place to the point where the wires enter the building, and arranged to cut off the entire current. Departure from this rule may be authorized only under special permission in writing. Service cut-out and switch must be arranged to cut off current from all devices including meters. In risks having private plans the yard wires running from building to building are not considered as service wires, so that switches would not be required in each building if there are other switches conveniently located on the mains or if the generators are near at hand. b. Must always be placed in dry, accessible places, and be grouped as far as possible (see § 419c of this chapter). Single-throw knife switches must be so placed that gravity will not tend to close them. Double-throw knife switches may be mounted so that the throw will be either vertical or horizontal as preferred, but if the throw be vertical a locking device must be provided, so constructed as to insure the blades remaining in the open position when so set. When practicable switches must be so wired that blades will be “dead’^ when switch is open. When switches are used in rooms where combustible flyings would be hkely to accumulate around them, they must be enclosed in dust- tight cabinets. c. Single-pole switches must never be used as service switches, nor for the control of outdoor signs or circuits located in damp places, nor placed in the neutral wire of a three- wire system, except in the two- wire branch or tap circuit supptying not more than 660 watts. This, of course, does not apply to the grounded circuits of street railway systems. Three-way switches are considered as single pole switches. d. Where flush switches or receptacles are used, whether with conduit systems or not, they must be enclosed in an approved box constructed of iron or steel, in addition to the porcelain enclosure of the switch or receptable. Where in floor outlets attachment plugs are liable to mechanical injury, or the presence of moisture is prob- able, floor outlet boxes especially designed for this purpose must be used. e. Where possible, at all switch or fixture outlets, unless outlet boxes which will give proper support for fixtures are used, a Vs inch block must be fastened between studs or floor timbers flush with the back of lathing to hold tubing, and to support switches or fixtures. When this cannot be done, wooden base blocks, not less than ^4 64 CHAPTER 9 inch in thickness, securely screwed to lathing, must be provided for switches, and also for fixtures which are not attached to gas pipes or conduit. f. Sub-bases of non-combustible, non-absorptive, insulating ma- terial, which will separate the wires at least 3^ inch from the surface wired over, must be installed under all snap switches used in exposed knob and cleat work. Sub-bases must also be used in moulding work unless the switch is approved for mounting directly on the moulding. § 425. Electric heaters. a. Each heater of more than 6 amperes or 660 watts capacity must be protected by a cut-out, and controlled by a switch or plug connector plainly indicating whether ‘^on^^ or and located within sight of the heater. Heaters of 6 amperes or 660 watts ca- pacity, or less, may be grouped under the protection of a single set of fuses, provided the rated capacity of the fuses does not exceed 10 amperes, or may be connected individually to lighting circuits. b. Flexible conductors for smoothing irons and sad irons, and for all devices requiring over 250 watts, must have an approved insula- tion and covering complying with the requirements of § 554d of this chapter. c. With portable heating devices, approved plug connectors must be used, so arranged that the plug may be pulled out to open the circuit without leaving any live parts so exposed as to render likely accidental contact therewith. The connector may be located at either end of the flexible conductor or inserted in the conductor itself. d. Smoothing irons, sad irons and other heating devices that are intended to be applied to combustible articles, must be provided with approved stands. e. Stationary heaters, such as radiators, ranges, plate warmers, etc., must be so located as to furnish ample protection between the device and surrounding combustible material. f. Electric heaters must each be provided with a name-plate giving the maker^s name and the normal capacity in volts and am- peres. § 426. Wires, low potential systems. 1. General R^des. a. Wires where entering cabinets must be protected by approved bushings, which fit tightly the holes in the box and are well secured in place. The wires should completely fill the holes in the bushings so as to keep out the dust, tape being used to build up the wires if necessary. b. Wires must not be laid in plaster, cement or similar finish, and must never be fastened with staples. c. Wires must not be fished for any great distance, and only in places where the inspector can satisfy himself that the rules have been complied with. d. Twin wires must never be used, except in conduits, or where flexible conductors are necessary. e. Wires must, where exposed to mechanical injury, be suitably protected. When crossing floor timbers in cellars, or in rooms where they might be exposed to injury, wires must be attached by their insulating supports to the under side of a wooden strip, not less ELECTRICAL CONTROL ()5 than \'2 inch in thickness, and not less than 3 inches in width. In- stead of the running-boards, guard strips on each side of and close to the wires will be accepted, these strips to be not less than inch in thickness, and at least as high as the insulators. Protection on side walls must extend not less than 5 feet from the floor and must consist of substantial boxing, retaining an air space of 1 inch around the conductors, closed at the top (the wires passing through bushel holes) or approved metal conduit or pipe of equiva- lent strength. When metal conduit or pipe is used, the insulation of each wire must be reinforced by approved flexible tubing extending from the insulator next below the pipe to the one next above it, unless the conduit is installed according to § 428, paragraphs c and f thereof excepted, and the wire is approved for conduit use. The two or more wires of a circuit each with its flexible tubing (when required), if carrying alternating current must, or if direct current may, be placed within the same pipe. f. When run in unfinished attics, wires will be considered as con- cealed, and when run in close proximity to water tanks or pipes, they will be considered as exposed to moisture. In unfinished attics wires are considered as exposed to mechanical injury, and must not be run on knobs or upper edge of joists. 2. Open ivork in dry places. g. Wires must have an approved rubber (type letter R. S.), slow- burning, weatherproof (type letter S. B. W.), or slow-burning insula- tion (type letter S. B.). Slowburning insulation may be used only in permanently dry locations and under special permission in writing, given in advance. h. Wires must be rigidly supported on non-combustible, non- absorptive insulators, which will separate the wires from each other and from the surface wired over in accordance with the following table: Voltage — 0 to 300; distance from surface, 3^ inch; distance be- tween wires, 23 ^ inches. Voltage — 301 to 550; distance from surface, 1 inch; distance be- tween wires, 4 inches. Rigid supporting requires under ordinary conditions, where wiring along flat surfaces, supports at least every 4 feet. If the wires are liable to be disturbed, the distance between supports must be shortened. In buildings of mill construction, mains of not less than No. 8 B. & S. gauge, where not liable to be disturbed, may be separated about 6 inches, and run from timber to timber, not break- ing around, and may be supported at each timber only. W'ires must not be ^‘dead-ended” at a rosette, socket or receptacle unless the last support is within 12 inches of the same. 3. Open work in damp places, or buildings specially subject to mois- ture or to acid or other fumes. i. Wires must have an approved insulating covering. For protection against water, rubber insulation must be used. For protection against corrosive vapors, either weatherproof or rubber insulation must be used. j. Wires must be rigidly supported on non-combustible, non- 66 CHAPTER 9 absorptive insulators, which separate the wire at least 1 inch from the surface wired over, and must be kept apart at least 2^ inches for voltages up to 300, and 4 inches for higher voltages. Rigid supporting requires under ordinary conditions, where wiring over flat surfaces, supports at least every 4}^ feet. If the wires are liable to be disturbed, the distance between supports must be short- ened. In buildings of mill construction, mains of not less than No. 8 B. & S. gauge, where not liable to be disturbed, may be separated about 6 inches, and run from timber to timber, not breaking around, and may be supported at each timber only. 4. Melal moulding work. k. Wires must have an approved rubber insulating covering (Type Letter R. S.), and must be in continuous lengths from outlet to out- let, or from fitting to fitting, no joints or taps to be made in mould- ing. Where branch taps are necessary in moulding work approved fittings for this purpose must be used. l. Wires must never be placed in moulding in damp locations; must never be placed in moulding in conceal^ locations or where the difference of potential between any two wires in the same system is over 300 volts. When the electrical construction is being carried out in moulding, permission will be given to extend these mouldings through walls and partitions, if the moulding and capping are in continuous lengths where passing through the walls and partitions. Mouldings must not be used for circuits requiring more than 1,320 watts of energy. m. Wires must for alternating current systems if in metal moulding have the two or more wires of a circuit installed in the same moulding. 5. Conduit work. n. Wires must have an approved rubber insulating covering (Type Letter R. D.) ; and must within the conduit tubing be without splices or taps, and must be provided with a lead covering if the conduit is installed in a damp place and is not watertight. o. Wires must not be drawn in until all mechanical work on the building has been, as far as possible, completed. Conductors in vertical conduit risers must be supported within the conduit system in accordance with the following table: No. 14 to 0 every 100 feet. No. 00 to 0000 every 80 feet. 0000 to 350,000 C. M. every 60 feet. 350.000 C. M. to 500,000 C. M. every 50 feet. 500.000 C. M. to 750,000 C. M. every 40 feet. 750.000 C. M. every 35 feet. The following methods of supporting cables are recommended: 1. A turn of 90 degrees in the conduit system will constitute a satisfactory support. 2. Junction boxes may be inserted in the conduit system at the required intervals, in which insulating supports of approved type must be installed and secured in a satisfactory manner so as to withstand the weight of the conductors attached thereto, the boxes to be provided with proper covers. 3. Cables may be supported in approved junction boxes on two or more insulating supports so placed that the conductors will be ELECTRICAL CONTROL 07 deflected at an angle of not less than 90 degrees, and carried a dis- tance of not less than twice the diameter of the cable from its vertical position. Cables so suspended may be additionally secured to these insulators by tie wires. Other methods may be used, if specially approved. p. Wires must, for alternating systems, have the two or more wires of a circuit drawm in the same conduit. Except in the case of stage pocket and border circuits the same conduit must not contain more than four two- wire, or three three- wire circuits of the same system, except by special permission, and must never contain circuits of different systems. 6. Concealed ^‘knob and, tube’^ work. q. The installation of concealed knob and tube work is prohibited. 7. Fixture work. V. W^ires must not be smaller than No. 18 B. & S. gauge and must have an approved rubber insulating covering (see § 555 of this chapter). In writing certain designs of show-case fixtures, ceiling bulls-eyes and similar appliances in which the writing is exposed to tempera- tures in excess of 120 degrees Fahrenheit (49 degrees Centigrade), from the heat of the lamps, approved slow-burning wdre may be used. All such forms of fixtures must be submitted for examination, test and approval before being introduced for use. w. Supply conductors, and especially the splices to fixture wires, must be kept clear of the grounded part of gas pipes, and, where shell or outlet boxes are used, they must be made sufficiently large to allow the fulfillment of this requirement. X. Must, when fixtures are wired outside, be so secured as not to be cut or abraded by the pressure of the fastenings or motion of the fixture. y. W'ires of different systems must never be contained in or at- tached to the same fixture and under no circumstances must there be a difference of potential of more than 300 volts between wires contained in or attached to the same fixture. § 427. Armored cables. a. Armored cables must be continuous from outlet to outlet or to junction boxes, and the armor of the cable must properly enter and be secured to all fittings, and the entire system must be mechanic- ally secured in position. In case of service connections and main runs, this involves running such armored cables continuously into a main cut-out cabinet or gutter surrounding the panel board, as the case may be. b. Armored cables must be equipped at every outlet with an ap- proved outlet box or plate, as required in conduit work. Outlet plates must not be used where it is practicable to install outlet boxes. For concealed work in walls and ceilings composed of plaster on wooden joist or stud construction, outlet boxes or plates and also cut-out cabinets must be so installed that the front edge will not be more than 34 inch back of the finished surface of the plaster, and if this surface is broken or incomplete it shall be repaired so that it will not show any gaps or open spaces around the edges of the 68 CHAPTER 9 outlet box or plate or of the cut-out cabinet. On wooden walls or ceilings, outlet boxes or plates and cut-out cabinets must be so in- stalled that the front edge will either be flush with the finisher sur- face or project therefrom. This will not apply to concealed work in walls or ceilings composed of concrete, tile or other non-combus- tible material. In buildings already constructed where the conditions are such that neither outlet box nor plate can be installed, these appliances may be omitted by special permission, provided the armored cable is firmly and rigidly secured in place. c. Armored cables must have the metal armor of cables perma- nently and effectually grounded to water piping, gas piping or other suitable grounds, provided that when connections are made to gas piping they must be on the street side of the meter. If the armored cable system consists of several separate sections, the sections must be bonded to each other, and the system grounded, or each section may be separately grounded, as required above. The armor of cables and gas pipes must be securely fastened in outlet boxes, junction boxes and cabinets, so as to secure good elec- trical connection. If armor of cables and metal of couplings, outlet boxes, junction boxes, cabinets or fittings, having protective coating of non-conduct- ing material, such as enamel, are used, such coating must be thor- oughly removed from threads of both couplings and the armor of cables, and from surfaces of the boxes, cabinets and fittings where the armor of cables or ground clamp is secured in order to obtain the requisite good connection. Ground pipes must be cleaned of rust, scale, etc., at place of attachment of ground clamp. Connections to grounded pipes and to armor of cables must be exposed to view or readily accessible, and must be made by means of approved ground clamps, to which the ground wires must be soldered. Ground wires must be of copper, at least No. 10 B. & S. gauge (where largest wire contained in cable is not greater than No. 0 B. & S. gauge), and need not be greater than No. 4 B. & S. gauge (where largest wire contained in cable is greater than No. 0 B. & S. gauge). They shall be protected from mechanical injury. d. When installed in so-called fireproof buildings in course of construction or afterwards if exposed to moisture, or where it is exposed to the weather, or in damp places such as breweries, stables, etc., the cable must have a lead covering placed between the outer braid of the conductors and the steel armor. The lead covering is not to be required when the cable is run against brick walls or laid in ordinary plaster walls unless same are continuously danip. e. When entering junction boxes, and at all other outlets, etc., armored cables must be provided with approved terminal fittings which will protect the insulation of the conductors from abrasion, unless such junction or outlet boxes are specially designed and ap- proved for use with the cable. f. Junction boxes must always be installed in such a manner as to be accessible. ELECTRICAL CONTROL 69 g. For alternating current systems, armored cables must have the two or more conductors of the circuit enclosed in one metal armor. h. All bends must be so made that the armor of the cable will not be injured. The radius of the curve of the inner edge of any bend shall not be less than 1 3 ^ inches. § 428. Interior conduits. a. No conduit smaller than 3^ inch, electrical trade size, shall be used. Measurements are to be taken inside of metal conduits. b. Interior conduits must be continuous from outlet to outlet or to junction boxes or cabinets, and the conduit must properly enter, and be secured to all fittings and the entire system must be mechanically secured in position. In case of service connections and main runs, this involves running- each conduit continuously into a main cut-out cabinet or gutter surrounding the panel board, as the case may be. Departure from this rule may be authorized in case of underground services by special permission. c. Interior conduits must be first installed as a complete conduit system, without the conductors. d. Interior conduits must be equipped at every outlet with an approved outlet box or plate. At exposed ends of conduit (but not at fixture outlets) where wires pass from the conduit system without splice, joint or tap, an approved fitting having separately bushed holes for each conductor must be used. Departure from this rule may be authorized by special permission. Outlet plates must not be used where it is practicable to install outlet boxes. For concealed work in walls and ceilings composed of plaster on wooden joist or stud construction, outlet boxes or plates and also cut-out cabinets must be so installed that the front edge will not be more than 34 inch back of the finished surface of the plaster, and if this surface is broken or incomplete it shall be repaired so that it will not show any gaps or open spaces around the edges of the outlet box or plate or of the cut-out cabinet. On wooden walls or ceilings, outlet boxes or plates and cut-out cabinets must be so installed that the front edge will either be flush with the finished surface or project therefrom. This will not apply to concealed work in walls or ceilings composed of concrete, tile or other non-combus- tible material. In buildings already constructed where the conditions are such that neither outlet box nor plate can be installed, these appliances may be omitted providing the conduit ends are bushed and secured. e. >* Metal conduits where they enter junction boxes, and at all other outlets, etc., must be provided with approved bushings or fastening plates fitted so as to protect wire from abrasion, except when such protection is obtained by the use of approved nipples, properly fitted in boxes or devices. f. Interior conduits must have the metal of the conduit per- manently and effectually grounded to water piping, gas piping or other suitable grounds, provided that when connections are made to gas piping, they must be on the street side of the meter. If the conduit system consists of several separate sections, the sections 70 CHAPTER 9 must be bonded to each other, and the system grounded, or each section may be separately grounded, as required above. Where short sections of conduit (or pipe of equivalent strength) is used for the protection of exposed wiring on side walls, and such conduit or pipe and wiring is installed as required by § 426e of this chapter, the conduit or pipe need not be grounded. Conduits and gas pipes must be securely fastened in outlet boxes, junction boxes and cabinets, so as to secure good electrical connec- tions. If conduit couplings, outlet boxes, junction boxes, cabinets or fittings, having protective coating of non-conducting material such as enamel are used, such coating must be thoroughly removed from threads of both couplings and conduit, and such surfaces of boxes, cabinets and fittings where the conduit or ground clamp is secured in order to obtain the requisite good connection. Grounded pipes should be cleaned of rust, scale, etc., at place of attachment of ground clamp. Connections to grounded pipes and to conduit must be exposed to view or readily accessible, and must be made by means of ap- proved ground clamps to which the ground wires must be soldered. Ground wires must be of copper at least No. 10 B. & S. gauge (where largest wire contained in conduit is not greater than No. 0 B. & S. gauge), and need not be greater than No. 4 B. & S. gauge (where largest wire contained in conduit is greater than No. 0 B. & S. gauge). They shall be protected from mechanical injury. g. Junction boxes must always be installed in such a manner as to be accessible. h. All elbows or bends must be so made that the conduit will not be injured. The radius of the curve of the inner edge of any elbow shall not be less than inches. There must be not more than the equivalent of 4 quarter bends from outlet to outlet, the bends at the outlets not being counted. § 429. Metal mouldings. a. Metal moulding must be continuous from outlet to outlet, to junction boxes, or approved fittings designed especially for use with metal mouldings, and must at all outlets be provided with approved terminal fittings which will protect the insulation of conductors from abrasion, unless such protection is afforded by the construction of the boxes or fittings. b. Such moulding where passing through a floor must be carried through an iron pipe extending from the ceiling below to a point 5 feet above the floor, which will serve as an additional mechanical protection and exclude the presence of moisture often prevalent in such locations. Where the mechanical strength of the moulding itself is adequate, this ruling may be modified to require the protecting piping from the ceiling below to a point at least 3 inches above the flooring. Where such mouldings pass through a partition the iron pipe re- quired for passing through floors may be omitted and the moulding passed directly through, providing the partition is dry and the moulding is in a continuous length with no joint or couplings within the partition. ELECTllICAL CONTROL 71 c. Backing must be secured in position by screws or bolts, the heads of which must be flush with the metal. d. Metal moulding must be permanently and effectively grounded to water piping, gas piping, or other suitable grounds, provided that when connections are made to gas piping, they must be on the street side of the meter. If the metal moulding system consists of several separate sections, the sections must be bonded to each other and the system grounded, or each section may be separately grounded, as required above. Metal mouldings and gas pipes must be securely fastened to outlet boxes, junction boxes and cabinets, so as to secure a good electrical connection. Moulding must be so installed that adjacent lengths of moulding will be mechanically and electrically secured at all points. If metal moulding, couplings, outlet boxes, junction boxes, cabinets or fittings having protective coating of non-conducting material such as enamel are used, such coating must be thoroughly removed from threads of couplings and metal mouldings, and from the sur- faces of boxes, cabinets and fittings, where the metal moulding or ground clamp is secured in order to obtain the requisite good con- nection. Grounded pipes should be cleaned of rust, scale, etc., at the place of attachment of the ground clamp. Connection to grounded pipes and to metal mouldings must be exposed to view, or readily accessible, and must be made by means of approved ground clamps, to which the wires must be soldered. Ground wires must be of copper, at least No. 10 B. & S. gauge. They shall be protected from mechanical injury. e. Must be installed so that for alternating systems the two or more wires of a circuit will be in the same metal moulding. § 430. Fixtures. a. When supported at outlets in metal conduit, armored cable or metal moulding systems, or from gas piping or any grounded metal work, or when installed on metal walls or ceilings, or on plaster walls or ceilings containing metal lath, or on walls or ceilings in fireproof buildings, fixtures must be insulated from such supports by approved insulating joints placed as close as possible to the ceilings or walls. The insulating joint may be omitted in conduit, armored cable or metal moulding systems with straight electric fixtures in which the insulation of conductors is the equivalent of insulation in other parts of the system, and provided that approved sockets, receptacles or wireless clusters are used, of a type having porcelain or equivalent insulation between live metal parts and outer metal shells, if any. Gas pipes must be protected above the insulating joint by approved insulating tubing, and where outlet tubes are used they must be of sufficient length to extend below the insulating joint, and must be so secured that they will not be pushed back when the canopy is put in place. Where insulating joints are required, fixture canopies of metal must be thoroughly and permanently insulated from walls or ceilings, or from plaster walls or ceilings on metal lathing, and from outlet boxes. Canopy insulators must be securely fastened in place, so as to 72 CHAPTER 9 separate the canopies thoroughly and permanently from the surfaces and outlet boxes from which they are designed to be insulated. Fixtures having so-called flat canopies, tops or backs will not be approved for installation except where outlet boxes are used. b. Fixtures must, when installed out doors, be of watertight con- struction. c. Fixtures must not, when wired on the outside, be used in show windows or in the immediate vicinity of especially inflammable stuff. d. Fixtures must be free from short circuits between conductors and from contacts between conductors and metal parts of fixtures, and must be tested for such conditions before being connected to supply conductors. § 431. Sockets. a. In rooms where inflammable gases may exist the incandescent lamp and socket must be enclosed in a vapor-tight globe, and sup- ported on a pipe-hanger, wired with approved rubber-covered wire soldered directly to the circuit. b. In damp or wet places, or where exposed to corrosive vapors, weatherproof sockets especially approved for the location must be used. Unless made up on fixtures they must be hung by separate stranded rubber-covered wires not smaller than No. 14 B. & S. gauge, which should preferably be twisted together when the pendant is over 3 feet long. These wires must be soldered direct to the circuit wires but sup- ported independently of them. c. Key sockets will not be approved if installed over specially in- flammable stuff, or where exposed to flyings of combustible material. § 432. Flexible cord. a. Flexible cord must have an approved insulation and covering. b. Flexible cord must not be used where the difference of potential between the two wires is over 300 volts. c. Flexible cord must not be used as a support for clusters. d. Flexible cord must not be used except for pendants, wiring of fixtures, portable lamps or motors, and portable heating apparatus. For all portable work, including those pendants which are liable to be moved about sufficiently to come in contact with surrounding objects, flexible wires and cables especially designed to withstand this severe service must be used. When necessary to prevent portable lamps from coming in contact with inflammable materials, or to protect them from breakage, they must be surrounded with a substantial wire guard. e. Flexible cord must not be used in show windows or show cases, except when provided with an approved metal armor. Departure from this rule, in the case of chain fixtures, may be authorized only under special permission in writing. f. Flexible cord must be protected by insulating bushings where the cord enters the socket. g. Flexible cord must be so suspended that the entire weight of the socket and lamp will be borne by some approved method under the bushing in the socket, and above the point where the cord comes through the ceiling block or rosette, in order that the strain may be taken from the joints and binding screws. ELECTRICAL CONTROL 73 § 433. Arc lamps on constant-potential circuits. a. There must be a cut-out (see § 419 of this chapter) for each lamp or each series of lamps. The branch conductors must have a carrying capacity about 50 per cent, in excess of the normal current required by the lamp. b. Arc lamps must be furnished only with such resistances or regulators as are enclosed in non-combustible material, such re- sistances being treated as sources of heat. Incandescent lamps must not be used for this purpose. c. Arc lamps must be supplied with globes and protected by spark arresters and wire netting around the globe, as in the case of series arc lamps (see § 421 of this chapter). Outside arc lamps must be suspended at least 8 feet above side- walks. Inside arc lamps must be placed out of reach or suitably protected. d. Arc lamps, when arranged to be raised and lowered, either for carboning or other purposes, shall be connected up with stranded conductors from the last point of support to the lamp, when such conductor is larger than No. 14 B. & S. gauge. § 434. Vapor lamps. 1. Enclosed mercury vapor lamps. a. Enclosed mercury vapor lamps must have a cut-out for each lamp or series of lamps except when contained in a single frame and lighted by a single operation, in which case not more than 5 lamps should be dependent upon a single cut-out. b. Enclosed mercury vapor lamps must be furnished only with such resistances or regulators as are enclosed in non-combustible cases, such resistances to be treated as sources of heat. In locations where these resistances or regulators are subject to flyings of lint or combustible material, all openings through cases must be pro- tected by fine wire gauze. 2. High-potential vacuum tube systems. c. The tube must be so installed as to be free from mechanical injury or liability to contact with inflammable material. d. High-potential coils and regulating apparatus must be installed in approved steel cabinet not less than 1-10 inch in thickness: same to be well ventilated in such a manner as to prevent the escape of any flame or sparks, in case of burnout in the various coils. All apparatus in this box must be mounted on slate base and the enclos- ing case positively grounded. Supplying conductors leading into this high-potential case are to be installed in accordance with the standard requirements governing low-potential systems, where such wires do not carry a potential of over 300 volts. § 435. Economy coils. a. Economy and compensator coils for arc lamps must be mounted on non-combustible, non-absorptive, insulating supports, such as glass or porcelain, allowing an air space of at least 1 inch between frame and support, and must in general be treated as sources of heat. § 436. Transformers, low-potential. 1. Oil transformers. a. Must not be placed inside of any building except central sta- 74 CHAPTER 9 tions, sub-stations and transformer vaults, except by special per- mission. 2. Air cooled transformers. b. Air cooled transformers must not be placed inside of any build- ing excepting central stations, sub-stations and transformer vaults, if the highest voltage of either primary or secondary exceeds 550 volts. c. Air cooled transformers must, with the exception of bell-ringing and other signaling transformers, be so mounted that the case shall be at a distance of at least 1 foot from combustible material or separated therefrom by non-combustible, non-absorptive, insulating material, such as slate, marble or soapstone. This will require the use of a slab or panel somewhat larger than the transformer. § 437. Decorative lighting systems. a. Special permission in writing may be given for the temporary installation of approved systems of decorative lighting, provided the difference of potential between the wires of any circuit shall not be over 150 volts and also provided that no group of lamps requiring more than 1,320 watts shall be dependent on one cut-out. § 438. Theater and moving picture establishment wiring. All wiring, apparatus, etc., not specifically covered by this sec- tion must conform to the general requirements of this chapter, and the term ^‘theater shall mean a building, or that part of a building regularly or frequently used for dramatic, operatic, moving picture or other performances or shows or which has a stage for such per- formances used with scenery or other stage appliances. a. Services. Where supply may be obtained from 2 separate street mains, 2 separate and distinct services must be installed, one service to be of sufficient capacity to supply current for the entire equipment of theatre, while the other service must be at least of sufficient capacity to supply current for all emergency lights. Where supply cannot be obtained from 2 separate sources, the feed for emergency lights must be taken from a point on the street side of main service fuses. By ^‘emergency lights” are meant exit lights and all lights in lob- bies, stairways, corridors, and other portions of theatre to which the public have access, which are normally kept lighted during the performance. Where source of supply is an isolated plant within the same build- ing, an auxiliary service of at least sufficient capacity to supply all emergency lights must be installed from some outside source, or a suitable storage battery within the premises may be considered the equivalent of such service. b. Stage. All permanent construction on stage side of proscenium wall, except as hereinafter provided, must be approved conduit or armored cable. c. Switchboard must be of the dead front type and made of non- combustible, non-absorptive insulating material, plans of each board to be approved before installation. d. Footlights must be wired in approved conduit or armored cable, each lamp receptacle being enclosed within an approved ELECTUICAL CONTROL 75 outlet box, or the lamp receptacles may be mounted in an iron or steel box, metal to be of a thickness not less than No. 20 U. S. sheet metal gauge, treated to prevent oxidation, so constructed as to en- close all the wires; wires to be soldered to lugs of receptacles. Footlights must be so wired that no set of lamps requiring more than 1,320 watts nor more than 32 receptacles shall be dependent upon one cut-cut. e. Borders and proscenium sidelights. 1. Borders and proscenium sidelights must be constructed of steel of a thickness not less than No. 20 U. S. sheet metal gauge, treated to prevent oxidation, be suitably stayed and supported, and so designed that flanges of reflectors will protect lamps. 2. Borders and proscenium sidelights must be so wired that no set of lamps requiring more than 1,320 watts nor more than 32 receptacles shall be dependent upon one cut-out. 3. Borders and proscenium sidelights must be wired in approved conduit or armored cable, each lamp receptacle to be enclosed within an approved outlet box, or the lamp receptacles may be mounted in an iron or steel box, metal to be of a thickness not less than No. 20 U. S. sheet metal gauge, treated to prevent oxidation, so constructed as to enclose all wires, the wires to be soldered to lugs of receptacles. 4. Borders and proscenium sidelights must be provided with suitable guards to prevent scenery or other combustible material coming in contact with lamps. 5. Cables for borders must be of approved type and suitably sup- ported; conduit construction must be used from switchboard to point where cables must be flexible to permit of the raising and lowering of border. 6. For the wiring of the border proper, wire with approved slow- burning insulation must be used. 7. Borders must be suitably suspended, and if a wire rope is used same must be insulated by at least one strain insulator inserted at the border. f. Stage and gallery pockets must be of approved type, insulated from ground and controlled from switchboard, each receptacle to be not less than 35 ampere rating for arc lamps nor 15 amperes for incandescent lamps, and each receptacle to be wired to its full capacity. Arc pockets must be wired with wire not smaller than No. 6 B. & S. gauge and incandescent pockets with not less than No. 12 B. & S. gauge. Plugs for arc and incandescent pockets must not be interchange- able. g. Scene docks. Where lamps are installed in scene docks, they must be so located and installed that they will not be liable to mechanical injury. h. Curtain motors must be of ironclad type and installed as to conform to the requirements of this chapter (see § 208). i. Control for stage flues. In cases where dampers are released by an electric device, the electric circuit operating same must be normally closed. Magnet operating damper must be wound to take full voltage of circuit by which it is supplied, using no resistance device, and must 7 () CHAPTER 9 not heat more than normal for apparatus of similar construction. It must be located in loft above scenery, and be installed in a suit- able iron box with a tight self-closing door. Such dampers must be controlled by at least 2 standard single pole switches mounted within approved iron boxes provided with self-closing doors, wdthout lock or latch, and located, one at the electrician^s station and others as designated. j. Dressing rooms must be wired in approved conduit or armored cable. All pendant lights must be equipped with approved reinforced cord, armored cable or steel armored flexible cord. All lamps must be provided with approved guards. k. Portable equipment. Arc lamps used for stage effects must conform to the following requirements: l. Must be constructed entirely of metal except where the use of approved insulating material is necessary. 2. Must be substantially constructed, and so designed as to provide for proper ventilation, and to prevent sparks being emitted from lamps when same are in operation, and mica must be used for frame insulation. 3. Front opening must be provided with a self-closing hinged door frame, in which wire gauze or glass must be inserted, except in the case of lens lamps, where the front may be stationary, and a solid door be provided on back or side. 4. Must be so constructed that neither carbons nor live parts will be brought into contact with metal of hood during operation, and arc lamp frames and standards must be so installed and protected as to prevent the liability of their being grounded. 5. Switch on standard must be so constructed that accidental contact with any live portion of same will be impossible. 6. All stranded connections in lamps and at switch and rheostat must be provided with approved lugs. 7. Rheostats must be plainly marked with their rated capacity in volts and amperes, and, if mounted on standards, must be raised to a height of at least 3 inches above floor. Resistance must be en- closed in a substantial and properly ventilated metal case which affords a clearance of at least 1 inch between case and resistance element. 8. A competent operator must be in charge of each arc lamp, except that 1 operator may have charge of 2 lamps when they are not more than 10 feet apart, and are so located that he can properly watch and care for both lamps. l. Bunches must be substantially constructed of metal and must not contain any exposed wiring; cable feeding bunches must be bushed in an approved manner where passing through the metal, and must be properly secured to prevent any mechanical strain from coming on the connection. m. Strips must be constructed of steel of a thickness not less than No. 20 U. S. sheet metal gauge, treated to prevent oxidation, and suitably stayed and supported and so designed that flanges will protect lamps. Cable must be bushed in a suitable manner where passing through the metal, and must be properly secured to prevent ELECTRICAL CONTROL 77 serious mechanical strain from coming on the connections. Strips must be wired in approved conduit or armored cable, each lamp receptacle being enclosed within an approved outlet box or the lamp receptacles may be mounted in an iron or steel box, metal to be of a thickness not less than No. 20 U. S. sheet metal gauge, treated to prevent oxidation, so constructed as to enclose all wires, the wires to be soldered to lugs or receptacles. n. Portable plugging boxes must be so constructed that no cur- rent carrying part will be exposed, and each receptacle must be protected by approved fuses mounted on slate or marble bases and enclosed in a fireproof cabinet equipped with self-closing doors. Each receptacle must be constructed to carry 30 amperes without undue heating, and the busbars must have a carrying capacity equivalent to the current required for the total number of recep- tacles, and approved lugs must be provided for the connection of the master cable. o. Pin plug connectors must be of an approved type, so installed that the female part of plug will be on live end of cable, and must be so constructed that tension on the cable will not cause any serious mechanical strain on the connections. p. Portable conductors. Flexible conductors used for receptacles to arc lamps, bunches and other portable equipments must be ap- proved stage cable, except that for the purpose of feeding a stand lamp under conditions where conductors are not liable to severe mechanical injury an approved reinforced cord may be used, pro- vided cut-out designed to protect same is not fused over 6 amperes capacity. q. Lights on scenery. Where brackets are used they must be wired entirely on the inside, fixture stem must come through to the back of the scenery and end of stem be properly bushed. r. String or festooned light wiring must be of approved type, joints to be properly made, soldered and taped, and staggered where practicable. Where lamps are used in lanterns or similar devices, approved guards must be employed. s. Special electrical effects. Where devices are used for producing special effects such as lightning, waterfalls, etc., the apparatus must be so constructed and located that flames, sparks, etc., resulting from the operation cannot come in contact with combustible ma- terial. t. Auditorium wiring must be installed in approved conduit, metal moulding or armored cable. Where receptacles are used, they must be enclosed in approved boxes. Exit lights must not have more than 1 set of fuses between same and service fuses. Exit lights and all lights in halls, corridors or any other part of the building used by audience, except the general auditorium lighting, must be fed independently of the stage lighting, and must be controlled only from the lobby or other convenient place in front of the house. All fuses must be enclosed in approved cabinets. u. Moving picture equipments other than those of approved miniature type. 78 CHAPTER 9 1 . The arc lamp used as a part of a moving picture machine must be constructed, so far as practicable, similar to arc lamps of theatres, and wiring to same must not be of less capacity than No. 6 B. & S. gauge. The leads to the lamp and its rheostat or equivalent device must be protected by a plug cut-out or open link fuses, the latter enclosed in an approved cabinet with self-closing door. Cartridge fuses will not be permitted. 2. Rheostats, transforming devices or any substitute therefor must be of types expressly designed and approved for the purpose. Their installation and location must be subject to approval as parts of the moving picture machine. 3. Top and bottom reels must be enclosed in steel boxes or maga- zines, each with an opening of approved construction at bottom or top, so arranged as not to permit entrance of flame to magazine. No solder is to be used in the construction of these magazines. The front side of each magazine must consist of a door swinging horizon- tally and be provided with a substantial latch. 4. An automatic shutter must be provided and must be so con- structed as to shield the film from the beam of light whenever the film is not running at operating speed. Shutter must be permanently attached to the gate frame. 5. Extra films must be kept in individual metal boxes equipped with tight-fitting covers. 6. Machine operation must be of an approved type. If driven by a motor, the latter must be of a type expressly designed and approved for such operations, and when so approved, motor driven machines, when in charge of a skilled operator, may be authorized under special permission in writing, given in advance. 7. Machine must be placed in an enclosure or house made of suitable fireproof material; must be properly ventilated, properly lighted and large enough for operator to walk freely on either side of or back of machine. All openings into this booth must be ar- ranged so as to be entirely closed by doors or shutters constructed of the same or equally good fire-resisting material as the booth itself. Doors or covers must be arranged so as to be held normally closed by spring hinges or equivalent devices. 8. Reels containing films under examination or in process of re- winding must be enclosed in magazines or approved metal boxes, similar to those required for films in operation, and not more than 2 feet of film shall be exposed in booth. V. Moving picture equipments of approved miniature type for home, lecture and similar purposes. 1. Arc lamp used as a part of machine must be constructed so far as practicable similar to arc lamps of theatres, and must not require more than 350 watts to operate same. 2. The rheostat or other current controlling device must conform to the requirements for similar devices for theatre ^work, and must be attached to and form a part of the machine. 3. Films must be of the non-inflammable type. 4. Such miniature machine shall be operated in an approved box of fireproof material constructed with a fusible link or other approved releasing device to close instantaneously and completely in case of ELECTIllCAL CONTROL 79 combustion within the box. The light in said miniature machine shall be completely enclosed in a metal lantern box covered with an unremovable roof. § 439. Outline Lighting. a. Outline lighting must be connected only to low-potential systems. b. Open or conduit work or metal trough construction may be used, but moulding will not be permitted. c. Where flexible tubing is required, the ends must be sealed and painted with moisture repellent and kept at least M inch from surface wired over. d. Wires for use in rigid or flexible steel conduit must comply with requirements for conduit work. Where armored cable is used, the conductors must be protected from moisture by lead sheath between armor and insulation. e. Outline lighting must be protected by its own cut-out, and controlled by its own switch; single pole switches must not be used. Cut-outs, switches, flashers and similar appliances must be of ap- proved types and be installed as required by this chapter for such appliances, and, if outside of the building, must, with the exception of transformers of weatherproof type, be installed in approved weatherproof cabinets. f. Circuits must be so arranged that not more than 1,320 watts will be dependent upon one cut-out. 8. Sockets and receptacles must be of the keyless porcelain type and wires must be soldered to lugs on same. Miniature receptacles will not be approved for outdoor work. h. For open work, wires must be approved rubber covered, not less than No. 14 B. & S. gauge and must be rigidly supported on non- combustible, non-absorptive insulators, which separate the wires at least 1 inch from the surface wired over. Rigid supporting re- quires, under ordinary conditions where wiring over flat surfaces, supports at least every 4J^ feet. If the wires are liable to be dis- turbed, the distance between supports should be shortened. In those parts of circuits where wires are connected to approved re- ceptacles which hold them at least 1 inch from surface wired over, and which are placed not over 1 foot apart, such receptacles will be considered to afford the necessary support and spacing of the wires. Between receptacles more than 1 foot, but less than 2 feet apart, an additional non-combustible, non-absorptive insulator maintain- ing a separation and spacing equivalent to the receptacles must be used. Except as above specified, wires must be kept apart at least 2}/^ inches for voltages up to 300, and 4 inches for higher voltages. i. For metal trough construction, the troughs and other details must comply with the requirements of § 583 No. 83 a to f, hereof. § 439a. Garages. 1. Definition, A garage is that portion of a building in which any automobile carrying volatile inflammable liquid is kept, whether such automobile be kept for use, for sale, for rental, for exhibition or for demonstrating purposes; and all that portion of a building that is on or below the floor or floors on which an automobile carry- ing volatile inflammable liquid is kept and is not separated therefrom by tight unpierced fire walls and floors. 80 CHAPTER 9 2. Wiring and appliances, a. Approved metal conduit or ap- proved armored cable must be employed, except in offices and show rooms, where approved metal moulding may be used. b. Cut-outs, switches, receptacles and sockets which are per- manently located must be placed at least 4 feet above the floor. c. Switchboards and charging panels, if not placed 4 feet above the floor must be located in a fireproof enclosure provided with a self-closing door. d. For portable lights, flexible cable designed for rough usage must be employed, this cable carrying the male end of a pin plug connector or equivalent of at least 3 amperes capacity, the female end being of such design or so hung that the connector will break apart readily at any position of the cable. The connector must be kept at least 4 feet above the floor. For all portable lights, keyless moulded-mica or metal sheathed porcelain sockets equipped with handle, hook and guard must be employed. e. For charging, theatre stage cable must be employed, this cable carrying the female end of a pin plug connector or equivalent of a capacity of at least 50 amperes, the male end being of such de- sign or so hung that the connector will break apart readily at any position of the cable. The connector must be kept at least 4 feet above the floor, and the male end, if not located on a switchboard or charging panel, must be shielded against accidental contact. f. Motors, if not located at least 4 feet above the floor, must be of the fully enclosed type. § 442. Lighting and power from railway wires must not be per- mitted, under any pretense, in the same circuit with trolley wires with a ground return, except in electric railway cars, electric car houses, power houses, passenger and freight stations connected with the operation of electric railways. § 443. Electric cranes. All wiring, apparatus, etc., not specifically covered by special rules herein given, must conform to the general requirements of this Code, except that the switch required by § 208c of this chapter for each motor may be omitted. a. Wiring. 1. All wires except bare collector wires, those between resistances and contact plates of rheostats and those subjected to severe ex- ternal heat, must be approved rubber-covered and not smaller in size than No. 12 B. & S. gauge. Insulation on wires between resist- ances and contact plates of rheostats must conform to paragraph d hereof, while wires subjected to severe external heat must have approved slow-burning insulation. 2. All wires excepting collector wires and those run in metal conduit or approved flexible cable must be supported by knobs or cleats which separate them at least 1 inch from the surface wired over, but in dry places, where space is limited the distance between wires as required by § 426 of this chapter cannot be obtained, each wire must be separately encased in approved flexible tubing securely fastened in place. Collector wires must be supported by approved insulators so mounted that even with the extreme movement permitted the wires will be separated at all times at least \}/2 inches from the ELECTRICAL CONTROL 81 surface wired over. Collector wires must be held at the ends by approved strain insulators. 3. Main collector wires carried along the runways must be rigidly and securely attached to their insulating supports at least every 20 feet, and separated at least 6 inches when run in a horizontal plane; if not run in a horizontal plane, they must be separated at least 8 inches. If spans longer than 20 feet are necessary the dis- tance between wires must be increased proportionately, but in no case shall the span exceed 40 feet. 4. Where bridge collector wires are over 80 feet long, insulating supports on which the wires may loosely lie must be provided at least every 50 feet. Bridge collector wires must be kept at least 2}/2 inches apart, but a greater spacing should be used whenever it may be obtained. 5. Collector wires must not be smaller in size than specified in the following table for the various spans. Distance between Size wire rigid supports, required feet. B. & S. 0to30 6 31 to 60 4 Over 60 2 b. Collectors must be so designed that sparking between them and collector wires will be reduced to a minimum. c. Switches and cut-outs. 1. The main collector wires must be protected by a cut-out and the circuit controlled by a switch. Cut-out and switch shall be so located as to be easy of access from the floor. 2. Cranes operated from cabs must have a cut-out and switch connected into the leads from the main collector wires and so located in the cab as to be readily accessible to the operator. 3. Where there is more than one motor on a single crane, each motor lead must be protected by a cut-out located in the cab if there is one. d. Controllers must be installed according to § 204 of this chapter, except that if the crane is located out doors the insulation on wires between resistances and contact plates of rheostats must be rubber where the wires are exposed to moisture and insulation is necessary and also where they are grouped. If the crane operates over readily combustible material the resistances must be placed in an enclosure made of non-combustible material, thoroughly ventilated and so constructed that it will not permit any flame or molten metal to escape in the event of burning out the resistances. If the resistances are located in the cab, this result may be obtained by constructing the cab of non-combustible material and providing sides which en- close the cab from its floor to a height of at least 6 inches above the top of the resistances. e. The motor frames, the entire frame of the crane and the tracks must be permanently and effectively grounded. 82 CHAPTER 9 § 444. Wires, high potential systems. a. High potential wires must have an approved rubber-insulating covering. b. High potential wires must be always in plain sight and never encased, except as provided for in § 208b of this chapter, or where specially required. c. High potential wires must, except as provided for in § 208 of this chapter, be rigidly supported on glass or porcelain insulators, which raise the wire at least 1 inch from the surface wired over, and must be kept about 8 inches apart. Rigid supporting requires, under ordinary conditions, where wiring along flat surfaces, supports at least about every 4J^ feet. If the wires are unusually liable to be disturbed, the distance be- tween supports must be shortened. In buildings of mill construction, mains of not less than No. 8 B. & S. gauge, where not liable to be disturbed, may be separated about 10 inches and run from timber to timber, not breaking around, and may be supported at each timber only. d. High potential wires must be protected on side walls from mechanical injury by a substantial boxing, retaining an air space of 1 inch around the conductors, closed at the top (the wires passing through bushed holes) and extending not less than 7 feet from the floor. When crossing floor timbers, in cellars, or in rooms where they might be exposed to injury, wires must be attached by their insulating supports to the under side of a wooden strip not less than 1^2 iiich in thickness. § 445. Transformers, high potential. a. Transformers must not be placed inside buildings without special permission, and must be located as near as possible to the point at which the primary wires enter the building. b. Transformers must be placed in an enclosure constructed of fire-resisting material; the enclosure to be used only for this purpose, and to be kept securely locked, and access to the same allowed only to responsible parties. c. The transformer case must be permanently and effectually grounded, and the enclosure in which the transformers are placed must be practically air-tight, except that it must be thoroughly ventilated to the outdoor air, if possible, through a chimney for flue. There should be at least 6 inches air space on all sides of the transformer. § 447. Primary wires must not be brought into or over buildings, except power stations, sub-stations and transformer vaults. § 448. Secondary wires must be installed under rules for high- potential systems when their immediate primary wires carry a current at a potential of over 3,500 volts, unless the primary wires are installed in accordance with the requirements of article 3 of this chapter or are entirely underground. ELECTRICAL CONTROL S3 Article 5. — Fittings^ Materials and Details of Construction. Section 549. Insulated wires, general rules. 550. Rubber-covered wire. 551. Slow-burning weatherproof wire. 552. Slow-burning wire. 553. Weatherproof wire. 554. Flexible cords. 555. Fixture wire. 556. Conduit wire. 557. Armored cable and cord. 558. Metal conduits. 559. Outlet, junction and flush switch boxes. 560. Metal mouldings. 561. Tubes and bushings. 562. Cleats. 563. Flexible tubing. 564. Knobs. 565. Switches. 566. Circuit breakers. 567. Cut-outs. 568. Fuses. 569. Panel boards. 570. Cabinets. 571. Rosettes. 572. Sockets. 573. 574. Arc lamps. 575. Spark arresters. 576. Insulating joints. 577. Fixtures. 578. Rheostats, resistance boxes and equalizers. 579. Auto-starters. 580. Reactive coils and condensers. 581. Transformers. 582. Lightning arresters. 583. Electric signs (for low potential systems only). Section 549. Insulated wires, general rules. a. Copper for insulated solid conductors of No. 4 B. & S. gauge and smaller must not vary in diameter more than .002 of an inch from the standard. On solid sizes larger than No. 4 B. & S. gauge the diameter shall not vary more than 1 per cent, from the specified standard. The conductivity of solid conductors shall not be less than 97 per cent, of that of pure copper of the specified size. In all stranded conductors the sum of the circular mils of the individual wires shall not be less than the nominal circular mils of the strand by more than 13^ per cent. The conductivity of the individual wires in a strand shall not be less than is given in the following table, which applies to tinned conductors (B. & S. gauge): 84 CHAPTER 9 No. 14 B. (fe S. gauge and larger 97.0 per cent. No. 15 96.8 per cent. No. 16 96.6 per cent. No. 17 96.4 per cent. No. 18 96.2 per cent. No. 19 96.0 per cent. No. 20 95.8 per cent. No. 21 95.6 per cent. No. 22 95.4 per cent. No. 23 95.2 per cent. No. 24 95.0 per cent. No. 25 94.8 per cent. No. 26 94.6 per cent. No. 27 94.4 per cent. No. 28 94.2 per cent. No. 29 94.0 per cent. No. 30 93.8 per cent. The standard for diameters and mileages shall be that adopted by the American Institute of Electrical Engineers. If splices are made in solid conductors or in the individual wires of stranded conductors, they must be made in a workmanlike manner and so as not to in- crease the diameter of the conductor or individual wire or lessen the mechanical strength thereof. Joints or splices in stranded con- ductors, as a whole, must be made only by separately joining each individual wire as described above, and the overall diameter of the entire stranded conductor must not be increased thereby. b. Wires and cables of all kinds designed to meet the following specifications must have a distinctive marking the entire length of the coil so that they may be readily identified in the field. They must also be plainly tagged or marked as follows: 1. The maximum voltage at which the wire is designed to be used; 2. The words ^‘National Electrical Code Standard 3. Name of the manufacturing company and, if desired, trade name of the wire; 4. Month and year when manufactured; 5. The proper type letter for the particular style of wire or cable as given for each type of insulation in §§ 550 to 557 of this chapter, inclusive. Wires described under § 553 of this chapter need not have the distinctive marking, but are to be tagged. § 550. Rubber-covered wire. a. Copper for conductors must be thoroughly tinned. b. The insulation must consist of a rubber compound, homo- geneous in character, adhering to the conductor or to the separator, if one is used, and of a thickness not less than that given in the tables of paragraphs e and f of this section. Measurements of insu- lating wall are to be made at the thinnest portion of the dielectric. c. Any 1 foot sample of completed covering must show a dielectric strength sufficient to resist throughout 5 minutes the application of an electro-motive force proportionate to the thickness of insulation in accordance with the following table: ELECTRICAL CONTROL S5 Thickness Breakdown test in 64-ths inch. on 1 foot. 1 3,000 volts A. C. 2 6,000 volts A. C. 3 9,000 volts A. C. 4 11,000 volts A. C. 5 13,000 volts A. C. 6 15,000 volts A. C. 7 16,500 volts A. C. 8 18,000 volts A. C. 10 21,000 volts A. C. 12 23,500 volts A. C. 14 26,000 volts A. C. 16 28,000 volts A. C. The source of alternating electro-motive force shall be a trans- former of at least 1 kilowatt capacity. The application of the electro- motive force shall first be made at 3,000 volts for 5 minutes, then the voltage increased by steps of not over 3,000 volts, each held for 5 minutes, until the rupture of the insulation occurs. The tests for dielectric strength shall be made on a sample wire which has been immersed in water for 72 hours. One foot of the wire under test is to be submerged in a conducting liquid held in a metal trough, one of the transformer terminals being connected to the copper of the wire and the other to the metal of the trough. d. Every length of completed wire or cable must be tested after not less than 12 hours immersion in water and while still immersed by the application for 1 minute of an alternating current voltage derived from apparatus of ample capacity, the test voltages to be those given in the tables of paragraphs e and f of this section. After this voltage test every length of completed wire or cable while still immersed must show an insulation resistance after 1 minute electrification not less than the values given in paragraphs e and f of this section. Any length of completed wire or cable may be tested during 30 days’ immersion in water and rnust show not less than 50 per cent, of the insulation resistance required after the 12 hours’ immersion. The results of insulation test at different temperatures to be re- duced to a basis of 60 degrees F. (15.5 degrees C.) by using the multipliers in the following table: — 86 CHAPTER 9 Temp., degs. Fahr. Multiplier. 50-52 .63 53-55 .75 56-58 .86 59-61 1.00 62-64 1.16 65-67 1.34 68-70 1.55 71-73 1.80 74-76 2.08 77-79 2.40 80-82 2.78 83-85 3.22 e. Thickness of insulation, voltage tests and minimum insulation resistance to be in accordance with the following tables. The volt- age tests are to be for 1 minute. The insulation resistances are after 1 minute electrification and at 60 degrees Fahr. (15.5 C.). Tests on completed lengths 0 to 600 volt classes. Type letters R. S. Thickness Megohms per Voltage Size. in 64-ths mile after 12 test, one inch. hrs. immersion. minute. 14 3-64 300 1,500 12 3-64 250 tc 10 3-64 225 it 8 3-64 200 it 6 1-16 200 2,000 4 1-16 150 it 2 1-16 125 it 1 5-64 150 2,500 0 5-64 125 a 00 5-64 125 it 000 5-64 100 it 0000 5-64 100 a 225,000 c. m. . . . 3-32 100 3,000 300,000 .... 3-32 100 it 400,000 “ 3-32 100 a 500,000 .... 3-32 100 it 600,000 .... 7-64 100 3,500 700,000 .... 7-64 100 a 800,000 .... 7-64 100 it 900,000 .... 7-64 100 ti 1,000,000 .... 7-64 100 a 1,250,000 .... 1-8 100 it 1,500,000 .... 1-8 75 3,500 1,750,000 . . . . 1-8 60 it 2,000,000 “ . . . . 1-8 50 it f. Tests on completed lengths, 601 to 7,000 volt classes. Max. operating voltage, 1,500. Type letters R. S. — 15. Thick. Ins. res. Volts Size. ins. meg. test. B. & S. gauge. 14-8 1-16 600 4,000 7-2 5-64 300 u 1-0000 3-32 200 u C. M. 225,000-500,000 7-64 175 1 ( 525,000-1,000,000 1-8 150 u Over 1,000,000 9-64 100 u Max. operating voltage, 2,500. Type letters R. S.- -25. Thick. Ins. res. Volts Size. ins. meg. test. B. & S. gauge. 14-8 3-32 700 6,250 7-2 3-32 350 u 1-0000 7-64 250 u C. M. 225,000-500,000 1-8 200 a 525,000-1,000,000 9-64 175 u Over 1,000,000 10-64 125 ii Max. operating voltage, 3,500. Type letter R. S.- -35. Thick. Ins. res. Volts Size. ins. meg. test. B. & S. gauge. 14-8 4-32 850 8,750 7-2 4-32 450 1-0000 4-32 300 ({ C. M. 225,000-500,000 9-64 225 u 525,000-1,000,000 10-64 200 u Over 1,000,000 11-64 150 u Max. operating voltage, 5,000. Type letter R. S.- -50. Thick. Ins. res. Volts Size. ins. meg. test. B. & S. gauge. 14-8 6-32 1,000 12,500 7-2 6-32 650 (( 1-0000 6-32 450 <( C. M. 225,000-500,000 6-32 300 a 525,000-1,000,000 6-32 225 u Over 1,000,000 7-32 175 n S8 CHAPTER 9 Max. operating voltage, 7,000. Type letter R. S. — 70. Thick. Ins. res. Volts Size. ins. meg . test. B. & S. gauge. 14-8 8-32 1,200 17,500 7-2 8-32 800 1-0000 8-32 550 C. M. 225.000- 500,000 8-32 400 525.000- 1 ,000,000 8-32 275 Over 1,000,000 9-32 200 g. All physical tests to be made at a temperature between 60 degrees and 90 degrees Fahrenheit. All test samples to be kept at a temperature within this range for at least 2 hours before the tests are made. 1. The rubber compound or other approved insulation must be sufficiently elastic to comply with a test made as follows: A sample of wire about 20 inches long shall have the braid and insulation removed for about 2 inches at each end, leaving the braid and insulation on balance of sample. One end of the bare copper should be fastened to a clamp on a shaft of the diameter given below, and a weight as given below attached to the other end of the bare copper wire. The shaft shall then be revolved 10 times in 10 seconds, wrapping the sample in a close wind around the shaft. With the tension left on the sample, it should then be immersed in water for 24 hours, immediately after which it should, while still immersed, be subjected to 1,500 volts alternating current for 1 minute. B. &S. Mils. Lbs. Diam. of shaft No. 14 wire 170 weight 10 it it 12 190 10 it {( 10 275 10 a a 8 375 15 2. Any rubber compound used as insulation shall be tested for permanent set, elongation and tensile strength as follows: New wire. — A test piece taken from the wire, having insulation less than 5-64 inch thick, shall have marks placed 2 inches apart, and shall be stretched longitudinally at the rate of 12 inches per minute till the marks are 5 inches apart, and then be immediately released and a measurement taken 30 seconds thereafter, when the distance between the marks must not exceed 2.5 inches. The test E iece shall then be stretched until the marks are 6 inches apart efore rupture. The tensile strength shall not be less than 400 lbs. per square inch, calculated upon the original cross section of the test piece before stretching. Test pieces from wire having insulation 5-64 inch thick or over shall be tested in a similar manner, but shall be stretched to 4 inches instead of 5 inches, and must not ELECTRICAL CONTROL 89 break until stretched 5 inches, and shall have a tensile strength of 400 lbs. per square inch. Wire tested at any time up to one year from date of manufac- ture or to time of installation. — A test piece taken from wire having insulation less than 5-64 inch thick shall have marks placed 2 inches apart, and shall be stretched longitudinally at the rate of 12 inches per minute till the marks are 4 inches apart, and then be immedi- ately released and a measurement taken 30 seconds thereafter, when the distance between the marks must not exceed 2.5 inches. Test pieces from wire having insulation 5-64 inch or over shall be stretched to 33^ inches instead of four inches. h. All of the above insulations must be protected by a substan- tial braided covering, properly saturated with a preservative com- pound. This covering must be sufficiently strong to withstand all the abrasions likely to be met with in practice, and all wire must substantially conform to approved samples submitted by the manu- facturer. j. Lead covered wires and cables for interior work only. (Type letters R. S. L.) Except for armored cables. (Type letter A. C.) The thickness of insulating wall of lead sheath rubber insulated con- ductors, 0-600 volts, to be the same as for braided cables, all cables to be covered with a compound filled tape or braid over the insulat- ing wall. There shall be a tape or braid over the bunched conduc- tors except where the conductors are laid parallel and not twisted. If braid is used, it shall be of such a thickness as to increase the re- quired diameter over the insulating wall by at least 1-32 inch, and must comply with the requirements for braid on braided conductors. If tape is used it must not be less than 1-64 inch thick and must lap at least of its width. The width of the tape used should not exceed twice the square root of the diameter of the conductor over the insulating wall; i. e., 500,000 c. m. 3-32 rubber, tape not to exceed 2 inches in width; No. 14, 3-64 rubber, tape should not exceed 0.8 inch in width. The lead on single conductor cables, 0-600 volt class, sizes 2 B. & S. and smaller, both solid and stranded, to be not less than the thickness of rubber called for by paragraph e of this section. On larger sizes the thickness of lead to be not less than the thickness of insulating wall called for, less 1-64 inch; i. e., thickness of lead on No. 2, 1-16 inch; on 1,000,000 c. m., 3-32 inch. On multiple con- ductor cables, thickness of lead to be that called for by single con- ductor, having same diameter over the insulation as the multiple conductor cable has over the bunched insulated conductors. Rubber insulated and lead sheathed cables, 601 to 7,000 volt classes inclusive (Type letters R. S. L. 15, R. S. L. 25, etc.) shall comply with paragraph f of this section and the lead sheath shall be the same as called for in 0-600 volt class, having same diameter under the lead as 601-7,000 volt conductor. The elect:^cal test on finished cables shall be the same as on braided cables. § 551. Slow-burning weatherproof wire. (Type letters, S. B. W.) a. The insulation must consist of two coatings, one to be fireproof in character and the other to be weatherproof. The fireproof coat- ing must be on the outside and must comprise about 6-10 of the 90 CHAPTER 9 total thickness of the wall. The completed covering must be of a thickness not less than that given in the following table: — B. & S. gauge. Thickness. 14 to 8 3-64 inch. 7 to 2 1-16 '' 1 to 0000 5-64 Circular Mils. 250.000 to 500,000 3-32 500.000 to 1,000,000 7-64 Over 1,000,000 1-8 Measurements of insulating wall are to be made at the thinnest portion. b. The fireproof coating shall be of the same kind as that required for slow-burning wire, and must be finished with a hard, smooth surface. c. The weatherproof coating shall consist of a stout braid, ap- plied and treated as required for weatherproof wire. § 552. Slow-burning wire. (Type letters, S. B.) a. The insulation must consist of 3 braids of cotton or other thread, all the interstices of which must be filled with the fireproofing compound or with material having equivalent resisting and insulat- ing properties. The outer braid must be specially designed to with- stand abrasion, and its surface must be finished smooth and hard. The compound covering must be of a thickness not less than given in the table in § 551a of this chapter. § 553. Weatherproof wire. (Type letters, W. P.) a. The insulating covering shall consist of at least 3 braids, all of which must be thoroughly saturated with a dense moisture-proof compound, applied in such a manner as to drive any atmospheric moisture from the cotton braiding, thereby securing a covering to a great degree waterproof and of high insulating power. This com- pound must not drip at 160 degrees Fahrenheit (71 degrees Centi- grade). The thickness of insulation must not be less than that given in the table in § 551a of this chapter, and the outer surface must be thoroughly slicked down. § 554. Flexible Cords. a. Cords for pendant lamps and for portable use, including eleva- tor, lighting and control cables, and theatre stage and border cable, must be made of copper conductors, each built up from wires not larger than No. 26, or smaller than No. 36 B. & S. gauge. Each conductor must have a carrying capacity not less than that of a No. 18 B. & S. gauge wire, and must be covered by an approved insulation and protected from mechanical injury according to the specifications of paragraph c of this section, for the several types of cord or cable. Each conductor must be covered with a tight, close wind of fine cotton, or some other approved method must be em- ployed to prevent a broken strand puncturing the insulation, and must comply with the requirements of § 549 of this chapter. b. The insulating covering on each conductor must be of a rubber compound, homogeneous in character, and must comply with § 550, ELECTRICAL CONTROL 91 c and g of this chapter and must have a thickness of wall not less than that given in the following table: — B. & S. gauge. Thickness in inches. 18 and 16 ... . 14 1-32 3-64 For exception for special reinforced cord (Type letters P. S.) see § 554 of this chapter. The completed cord shall be subject to a 1 minute test between conductors of 1,000 volts for 1-64 inch insulation, 2,000 volts for 1-32 inch insulation and 2,500 volts for 3-64 inch insulation. The insulating coverings in the above tests shall be sufficient to resist puncture or breakdown. The source of electro-motive force shall be the same as that specified in § 550c of this chapter. c. Cords of the several types must comply with the specifications of the following table with respect to their outer protective coverings and must comply with the special rules indicated in the last column of the table. Use. Type letter. Trade name. Pendants — dry places C Pendants — damp places CB CC Portable — dry places P PO PS CA PA Portable — damp places PWp PkWp PAWp Theatre stages T Theatre borders B Elevator lighting and control. . . E Lamp cord Brewery cord Canvasite cord Reinforced cord Parallel cord Special reinf . cord Armored cord Armored reinf. cord Reinforced cord Wp Packinghouse cord Armored reinf. cord Wp Stage cable Border light cable Elevator cable 92 CHAPTER 9 For additional Braid on each Reinforcement Outer cover. rules in this conductor. or filler. chapter see Glazed cotton or silk Cotton Wp. . Cotton Wp. . Cotton Cotton Rubber jacket Cotton Rubber jacket Cotton Cotton Rubber jacket Cotton Rubber jacket Cotton Filler Cotton Rubber jacket Cotton Wp . . Filler Cotton Wp . . Cotton Rubber jacket and or § 554d § 554d Cotton Wp § 554d Glazed cotton or silk Glazed cotton or silk. . . § 554e Glazed cotton or silk ... § 554f Armor § 554g Glazed cotton and armor § 554g Cotton Wp 2 Cotton, both Wp . . . . § 554h Cotton Wp. and armor. § 554g 2 Cotton, both Wp .... § 554i 2 Cotton, both Wp .... § 554j 1 or more cotton, both Wp § 554k 3 Cotton, outer one Wp d. (Type letters C, CB and CC.) In these classes are to be in- cluded all flexible cords, which under usual conditions hang freely, and which are not likely to be moved sufficiently to come in contact with surrounding objects. It should be noted that pendant lamps provided with long cords so that they can be carried about or hung over nails, or on machinery, etc., are not included in this class, even though they are usually allowed to hang freely in air. e. (T}^e letters PO.) These cords are for use only in offices, dwellings or similar places, where cord is not liable to rough usage and where appearance is an essential feature. The conductors may be either laid parallel or twisted together. f. (Type letters PS.) These cords are for use only in offices, dwell- ings or similar places where cord is not liable to rough usage and where appearance is an essential feature. These cords may be made only with conductors of No. 18 or No. 16 B. & S. gauge and may have the insulating covering on each con- ductor not less than 1-64 inch in thickness. g. (Type letters CA, PA, PAWp.) For the construction of the armor see § 557 of this chapter. h. (Type letters PkWp.) In the outer cover tape may be sub- stituted for the inner braid. i. (Type letter T.) Theatre cables shall consist of not more than 3 conductors, each of a capacity not exceeding No. 4 B. & S. gauge. These conductors must be twisted together and a filler of approved material must be used to make the cable round and to act as a cushion. In the outer covering tape ma}^ be substituted for the inner braid. ELECTRICAL CONTROL 93 The insulating covering on each conductor of No. 6 to No. 4 B. & S. gauge must be not less than 1-16 inch in thickness. The completed cable must be of such a flexible nature as to be readily handled and, when laid on the floor, must align itself to the floor level. j. (Type letter B.) In the outer cover tape may be substituted for the inner braid. The conductors must be cabled together. k. (Type letter E.) Conductors for elevator lighting cables shall not be smaller than No. 14 B. & S. gauge and for elevator con- trol cables not smaller than No. 16 B. & S. gauge. In the outer cover tape may be substituted for one of the inner braids. L. For portable heating apparatus. — (Type letter H.) Applies to all smoothing and sad irons and to any other heating device requir- ing over 250 watts. The flexible conductors must be made up as follows: l. Conductors must comply with paragraph a of this section, or may be of braided copper. If braided, each wire to be not larger than No. 30 or smaller than No. 36 B. & S. gauge, except for con- ductors having a greater carrying capacity than No. 12 B. & S. gauge, when each wire may be as large as No. 28 B. & S. gauge. 2. An insulating covering of rubber or other approved material not less than 1-64 inch in thickness. 3. A braided covering not less than 1-32 inch thick, composed of long fibre asbestos and having not over 10 per cent, of carbon by weight. 4. An outer reinforcing covering not less than 1-64 inch thick, especially designed to resist abrasion, must enclose either all the conductors as a whole or each conductor separately. 5. The completed cord shall be subjected to a 1 minute test be- tween conductors of 1,500 volts, and must resist puncture or break- down when so tested, the source of electro-motive force to be the same as that specified in § 550 of this chapter. g. Elevator lighting and control cables (Type letter E). — Must comply with the requirements for theatre cable as regards insulation proper and the construction and covering of the individual conduc- tors, except that none of these conductors shall be smaller than No. 14 B. & S. gauge for elevator lighting cables, or No. 16 for elevator control cables. The outer covering shall consist either of 3 braids or of an extra layer of rubber and one or more outer braids. All braids must be properly treated with a preservative compound. § 555. Fixture wire. a. Fixtures may be wired with approved flexible cord (see § 554, a to c, of this chapter) or with approved rubber covered wire No. 14 B. & S. gauge, or larger (see § 550 of this chapter). In wiring certain designs of show-case fixtures, ceiling bulls-eyes and similar appliances in which the wiring is exposed to tempera- tures in excess of 120 degrees Fahrenheit (49 degrees Centigrade), from the heat of the lamps, slow-burning wire must be used (see § 552 of this chapter). All such forms of fixtures must be submitted for examination, test and approval before being introduced for use. 94 CHAPTER 9 For other wires for use in fixtures the following rules apply (Type letters F-64 and F-32) : b. Copper may be made of solid or stranded conductors, with no strands smaller than No. 30 B. & S. gauge, and must have a carrying capacity not less than that of a No. 18 B. & S. gauge wire. c. Solid conductors must be thoroughly tinned. If a stranded conductor is used, it must be covered by a tight, close wind of fine cotton, or some other approved method must be employed to pre- vent a broken strand puncturing the insulation, and must comply with the requirements of § 449 of this chapter. d. The insulation on each conductor must consist of a rubber compound, homogeneous in character, adhering to the conductor or to the separator, if one is used, and not less than 1-64 inch in thick- ness for No. 18 B. & S. gauge wire and not less than 1-32 inch for No. 16 B. & S. gauge. e. The insulation must be protected with a covering or braid at least 1-64 inch in thickness, sufficiently tenacious to withstand the abrasion of being pulled into the fixture, and sufficiently elastic to permit the wire to be bent around a cylinder of twice the diameter of the wire without injury to the braid. f. Fixture wire must successfully withstand the tests specified in § 550, c and g, of this chapter. § 556. Conduit wire. (Type letters R. D.) a. Single wire for conduits must comply with the requirements of § 550 of this chapter (except that tape may be substituted for braid), and in addition there must be a second outer fibrous cover- ing at least 1-32 inch in thickness for wires larger than No. 10 B. & S. gauge and at least 1-64 inch in thickness for wires No. 10 B. & S. gauge or less in size; this fibrous covering to be sufficiently tenacious to withstand the abrasion of being hauled through the metal conduit. b. For twin or duplex wires in conduit, each conductor must comply with the requirement of § 550 of this chapter (except that tape may be substituted for braid), and in addition there must be a second outer fibrous covering, at least 1-32 of an inch in thickness for wires larger than No. 10 B. & S. gauge, and at least 1-64 of an inch in thickness for wires No. 10 B. & S. gauge or less in size; this fibrous covering to be sufficiently tenacious to withstand the abra- sion of being' hauled through the metal conduit. c. For concentric wire, the inner conductor must comply with the requirements of § 550 of this chapter (except that tape may be sub- stituted for braid), and there must be outside the outer conductor the same insulation as on the inner, the whole to be covered with a substantial braid, which must be at least 1-32 of an inch in thick- ness and sufficiently tenacious to withstand the abrasion of being hauled through the metal conduit. d. The braids or tapes called for in paragraphs a, b and c of this section must be properly saturated with a preservative compound. § 557. Armored cable and cord. (Type letters AC, CA, PA and PAWp.) a. The armored cable or cord must be so flexible that it may be bent in a curve, the inner edge of which has a radius equal to 4 times the outside diameter of the armor, without injury to the cable or ELECTRICAL CONTROL 95 cord contained therein, and without opening up the arm or at any point sufficiently to expose the cable or cord. The armored cable or cord must be of such design that after a 3-foot sample has been subjected to a tension of 100 pounds for 1 minute the armor will not be permanently elongated more than 3 inches, and after a 3-foot sample with conductor removed has been subjected to a tension of 150 pounds for 1 minute the armor will not be opened up at any point. Strips, if used in forming the armor, must have a thickness at least as great as is given in the following table. For armors of other forms an equivalent wall construction must be provided. Size of conductors B and S gauge. Thickness of strip. Type letter Single cond. of wire. cable. Double cond. cable. Triple cond. cable. Test voltage. Armored cord .025. . . . C 18, 16, 14 1 [ 500 .025. . . . P or PWp 18, 16 1 .034. . . . P or PWp 14 J Armored cable — .025... RD 14, 12, 10, 8 i [ 1,000 RSL 14, 12, 10, 8 .034. . . . RD 6, 4, 2, 14, 12, 10 14, 12, 10 j [ 1,000 RSL 6,4 14, 12 14 ! .040. . . . RD 1 8, 6, 4 8, 6 1 [ 1,000 RSL 2, 1 10, 8, 6 12, 10, 8 ! The weight of the single strip armor, if of steel, must be not less than 87 per cent, of the weight of a solid-walled steel tube of the same internal diameter and of a wall thickness equal to twice the thick- ness of the strip. The weight of double strip armor must be at least 10 per cent, greater than that of single strip. For other types of armor an equivalent construction must be provided. b. If of steel, the metal of armor must be thoroughly galvanized or coated with an approved rust preventive. The internal diameter of the armor must be such that it will not be materially embedded in the cable or cord coverings. It must not be possible to withdraw the cable from the armor of a 15-foot sample of armored cable by the application of a force of 90 pounds, or from the armor of a 10-foot sample of armored cord by the applica- tion of a force of 25 pounds. Interior surfaces of the armor must be free from burrs or sharp edges which might cause abrasion of the cable or cord coverings. c. The cable in the armor must have an insulating covering as required by § 550j or § 556 of this chapter, excepting that the lead covering may be only 1-32 inch thick. If multiple conductor cable (not lead covered) is used the conductors must be twisted together. The cord in the armor must have an insulating covering as required by § 554 of this chapter. d. Every coil of completed armored cable or cord must be tested 96 CHAPTER 9 by the application of an alternating current voltage, derived from apparatus of not less than 1,500 watts capacity, the test voltages to be those given in the table of paragraph a of this section. Tests to be made between each conductor and every conductor comprising the cable or cord and between the several conductors and the armor. e. There must be a distinctive marker the entire length, so that the armored cable or cord may be readily identified in the field. Coils of armored cable or cord must also be plainly tagged or marked as follows: 1. The maximum voltage at which the wire is designed to be used. 2. The words “National Electrical Code Standard.^^ 3. Name or trade-mark of the manufacturing company. 4. Month and year when manufactured. 5. The proper type letters for the particular style of material as given for each type in § 554 and § 557 of this chapter. § 558. Metal conduits. a. Each length of conduit must have the maker’s name or initials stamped in the metal or attached thereto in a satisfactory manner, so that inspectors can readily see the same. 1. Rigid conduit. b. The tube used in the manufacture of rigid conduit must be of mild steel; and must be of sufficiently true, circular section to admit of cutting true, clean threads; it must be very closely the same in wall thickness at all points. Welds must be thoroughly well made. c. The tube must be thoroughly cleaned to remove all scale and rust from both the inside and the outside surfaces by some process, mechanical or otherwise, which will permit the protecting coating to take a smooth finish and which will not reduce the weight of the tube sufficiently to cause the finished rigid conduit to weigh less than is given in § 558i of this chapter. The surface of the tube in- tended for enameled conduit must be thoroughly washed or other- wise treated to remove all acid left by the pickling solutions, if they are used as a part of the cleaning process. d. All surfaces of the tube must be protected against corrosion by one of the methods prescribed in sub-divisions 2 and 3 of this sec- tion or by some other approved methods. 2. Enameled conduit. e. The enamel coating on either the inside or the outside surface of the finished conduit must not soften at ordinary temperatures; it must have an even and smooth appearance and must be of a uni- form quality at all points of the length of the tube. It must be of sufficient weight and toughness to resist smashing or flaking and must be of sufficient elasticity to prevent its cracking or flaking at any time up to 1 year from month of manufacture when J^-inch conduit is bent in a curve, the inner edge of which has a radius of 33^ inches. The enamel coating must not be seriously affected by soaking at 70 degrees Fahrenheit for 24 hours in any of the follow- ing aqueous solutions: 1. Sulphuric acid of 1.3 specific gravity containing 40 per cent, by weight of anhydrous sulphuric acid. 2. Commercial strong hydrochloric acid containing 20 per cent, by weight of anhydrous hydrochloric acid. ELECTRICAL CONTROL 97 3. Acetic acid containing 20 per cent, by weight of anhydrous acetic acid. 4. Saturated solution of carbonate of soda, containing 20 per cent, by weight of anhydrous carbonate of soda. 3. Conduit with metallic coatings. f. The metallic coating on either the inside or the outside surface of the finished conduit must not soften at ordinary temperatures, and must be of uniform quality at all points of the length of the tube. It must be of sufficient elasticity to prevent its cracking or flaking at any time up to one year from the month of manufacture when 3^-inch conduit is bent in a curve, the inner edge of which has a radius of 33^ inches. All metallic protective coatings on either interior or exterior sur- faces must be of an approved weight and quality to afford protection against corrosion. If the interior surface is not given a metallic protective coating it must be coated with an approved enamel. g. Elbows, bends and similar fittings must be made of full-weight material, such as is specified for the conduit proper, and must be treated, coated, threaded, etc., in every way corresponding to the specifications for conduit so far as they apply. h. Threads upon conduits, couplings, elbows and bends must be full and clean cut. Their pitch and form must conform to the Briggs' standard for pipe threads. The taper of threads on conduit must not exceed ^ inch per foot. The perfect thread must be tapered for its entire length. Couplings must be tapped straight. If threads are cut after the protective coatings are applied the}" must be treated to prevent corrosion taking place before the conduit is actually installed. The number of threads and the length of the threaded portion must be approximately in accordance with the following table: Electrical trade size, inches. Number of threads per inch. Length of perfect thread, inches. Total length of thread, inches. Vi 18 0.29 0.57 ^'8 18 0.30 0.57 14 0.39 0.75 Vi 14 0.40 0.76 1 nn 0.51 0.94 VA IVA 0.53 0.97 m 0.55 0.98 2 nV2 0.58 1.12 2M 8 0.89 1.51 3 8 0.95 1.57 SH 8 1.00 1.62 4 8 1.05 1.67 4J4 8 1.10 1.72 5 8 1.16 1.78 6 8 1.26 1.89 7 98 CHAPTER 9 i. The finished conduit as shipped must be in 10-foot lengths, with each end reamed and threaded. For each length at least 1 coupling must be furnished. The finished conduit with coupling must not weigh less than is given in the following table. All finished conduit must be inspected visually, both inside and out, for poor coatings, hard scale or other similar defects. It must have an approved interior coating of a character and appearance which will readily distinguish it from ordinary commercial pipe commonly used for other than electrical purposes. Minimum Electrical weight of finished trade size. conduit 10 foot inches. lengths with couplings. Vi 3/8 38.5 pounds 51.5 pounds ^ 1 79.0 pounds 105 pounds 153 pounds iVi 2 201 pounds 249 pounds 334 pounds 3 527 pounds 690 pounds 3H 4 831 pounds 982 pounds 5 1,150 pounds 1,344 pounds . 1.770 nminda 4. Flexible conduit. j. Flexible conduit must be so flexible that the conduit may be bent in a curve, the inner edge of which has a radius equal to that specified in the following table, without opening up the tube at any point. k. Flexible conduit must be of such design that after a 3-foot sample has been subjected to a tension of 200 lbs. for 1 minute, the conduit will not be opened up at any point. l. For steel conduits the internal diameter, the thickness of the strip and the weight of the finished conduit must be not less than the values given in the following table. For flexible conduit of other than the strip type an equivalent construction must be provided. ELECTRICAL CONTROL 99 Weight in pounds Electrical Internal Thickness per 100 feet. Radius of trade size, diameter, of strip, curvatures, inches. inches. inches. Single Double inches. strip. strip. 5-16 .... 5-16 .025 17 3-4 20 1-2 2 1-4 3-8 3-8 .034 29 331-2 21-2 1-2 5-8 .040 54 62 31-2 3-4 13-16 .040 68 781-2 41-2 1 1 • .055 108 129 1-2 5 1 1-4 1 1-4 .055 132 158 51-2 11-2 1 1-2 .060 171 205 6 2 2 .060 224 269 8 21-2 21-2 .060 277 332 10 1-2 m. If of steel, the metal of the flexible conduit must be thoroughly galvanized or coated with an approved rust preventive. Interior surfaces of the conduit must be free from burrs or sharp edges which might cause abrasion of the wire coverings. n. Flexible conduit must have a distinctive marking its entire length so that it may be readily identified in the field. Coils must also be plainly tagged or marked with the name or trade-mark of the manufacturing company. § 559. Outlet, junction and flush switch boxes. a. Boxes must be of pressed steel having wall thickness of not less than .078 inch (No. 14 U. S. metal gauge), or of cast metal having wall thickness not less than 1-8 inch. Junction boxes of larger sizes must comply with requirements of § 570 of this chapter, but must in all cases be of metal. b. Boxes must be well galvanized, enameled or otherwise properly coated, inside and out, to prevent oxidation. c. Boxes must be so made that all openings not in use will be effectively closed by metal which will afford protection substantially equivalent to the walls of the box. Fittings which are designed for bringing conductors from metal conduits to exposed wiring must be provided within non-absorptive, non-combustible, insulating bushings, which, except with flexible cord, must separately insulate each conductor. d. Boxes must be plainly marked, where the marking may readily be seen when installed, with the name or trade-mark of the manu- facturer. e. Boxes must, in case of combination gas and electric outlets, be so arranged that connection with gas pipe at outlet may be made by means of an approved device. Fixture studs, where not a part of the box, must be made of malleable iron or other approved material. Boxes must be arranged to secure in position the conduit or flexible tubing protecting the wire. f. Switch and outlet boxes must be so arranged that they can be securely fastened in place independently of the support afforded by the conduit piping, except that when entirely exposed, approved 1(X) CHAPTER 9 boxes, which are threaded so as to be firmly supported by screwing on to the conduit, may be used. g. Switch and receptacle boxes must completely enclose the switch or receptacle on sides and back, and must provide a thor- oughly substantial support for it. The retaining screws for the box must not be used to secure the switch in position. Boxes for floor outlets shall be designed to completely enclose the receptacle and attachment plugs, if any, to protect them from mechanical injury and to exclude moisture. h. Covers for outlet boxes if made of metal must be equal in thick- ness to that specified for the walls of the box, or must be of metal fined with an insulating material not less than 1-32 inch in thick- ness, firmly and permanently secured to the metal. Covers may also be made of porcelain or other approved material, provided they are of such form and thickness as to afford suitable protection and strength. § 560. Metal moulding. a. b. The installation of wooden moulding is prohibited. c. Each length of metal moulding must have maker’s name or trade-mark stamped in the metal, or in some manner permanently attached thereto, in order that it may be readily identified in the field. d. Metal moulding must be constructed of iron or steel with backing at least .050 inch in thickness, and with capping not less than .040 inch in thickness, and so constructed that when in place the raceway will be entirely closed; must be thoroughly galvanized or coated with an approved rust preventative both inside and out to prevent oxidation. e. Elbows, couplings and all other similar fittings must be con- structed of at least the same thickness and quality of metal as the moulding itself, and so designed that they will both electrically and mechanically secure the different sections together and maintain the continuity of the raceway. The interior surfaces must be free from burrs or sharp corners which might cause abrasion of the wire coverings. f. Metal moulding must at all outlets be so arranged that the conductors cannot come in contact with the edges of the metal, either of capping or backing. Specially designed fittings which will interpose substantial barriers between conductors and the edges of metal are recommended. g. AVhen backing is secured in position by screws or bolts from the inside of the raceway, depressions must be provided to render the heads of the fastenings flush with the moulding. h. Metal mouldings must be used for exposed work only and must be so constructed as to form an open raceway to be closed by the capping or cover after the wires are laid in. § 561. Tubes and bushings. a. Tubes and bushings must be made straight and free from checks or rough projections, with ends smooth and rounded to facilitate the drawing in of the wire and prevent abrasion of its covering. b. Tubes and bushings must be made of non-combustible insulat- ELECTRICAL CONTROL 101 ing material, which, when broken and submerged for 100 hours in pure water at 70 degrees Fahrenheit (21 degrees Centigrade), will not absorb over K of one per cent, of its weight. c. Tubes and bushings must have the name, initials or trade-mark of the manufacturer stamped in the ware. d. Dimensions of walls and heads of tubes and bushings must be at least as great as those given in the following table: External Diameter of hole, diameter, inches. inches. Thickness of wall, inches. External diam- eter of head, inches. Length of head, inches. 5-16 9-16 1-8 13-16 1-2 3-8 11-16 5-32 15-16 1-2 1-2 13-16 5-32 1 3-16 1-2 5-8 15-16 5-32 1 5-16 1-2 3-4 1 3-16 7-32 1 11-16 5-8 1 1 7-16 7-32 1 15-16 5-8 1 1-4 1 13-16 9-32 2 5-16 5-8 1 1-2 2 3-16 11-32 2 11-16 3-4 13-4 2 9-16 13-32 3 1-16 3-4 2 2 15-16 15-32 3 7-16 3-4 2 1-4 3 5-16 17-32 3 13-16 1 2 1-2 3 11-16 19-32 4 3-16 1 An allowance of 1-64 inch for variation in manufacturing will be permitted, except in the thickness of the wall. § 562. Cleats. a. Cleats must hold the wire firmly in place without injury to its covering. b. Bearing points on the surface of cleats must be made by ridges or rings about the holes for supporting screws, in order to avoid cracking and breaking when screwed tight. c. Cleats must be made of non-combustible insulating material, which, when broken and submerged for 100 hours in pure water at 70 degrees Fahrenheit (21 degrees Centigrade), will not absorb over 3^ of one per cent, of its weight. d. Cleats must have the name, initials or trade-mark of the manu- facturer stamped in the ware. e. Cleats must conform to the spacings given in the following table: Voltage, 0-300. Distance from wire to surface, inch. Distance between wires, 23 ^ inches. § 563. Flexible tubing. a. Flexible tubing must have a sufficiently smooth interior surface to allow the ready introduction of the wire. b. Flexible tubing must be constructed of or treated with ma- terials which will serve as moisture repellents. c. The tube must be so designed that it will withstand all the abrasion likely to be met with in practice. d. The linings, if any, must not be removable in length of over 3 feet. 102 CHAPTER 9 e. The 34"iiich tube must be so flexible that it will not crack or break when bent in a circle with 6-inch radius at 50 degrees Fahren- heit (10 degrees Centigrade), and the covering must be thoroughly saturated with a dense moisture-proof compound which will not slide at 150 degrees Fahrenheit (65 degrees Centigrade). Other sizes must be as well made. f. Flexible tubing must not convey fire on the application of a flame from Bunsen burner to the exterior of the exterior of the tube when held in a vertical position. g. Flexible tubing must be sufficiently tough and tenacious to withstand severe tension without injury; the interior diameter must not be diminished or the tube opened up at any point by the applica- tion of a reasonable stretching force. h. Flexible tubing must not close to prevent the insertion of the wire after the tube has been kinked or flattened and straightened out. i. Flexible tubing must have a distinctive marking the entire length of the tube, so that the tubing may be readily identified in the field. § 564. Knobs. a. Split knobs must be constructed in two parts, a base and a cap, arranged to hold the wire firmly in place without injury to its cover- ing. Sharp edges must be avoided. Solid knobs must be constructed with smooth groove, to contain wire. b. Bearing points on the surface of knobs must be made by a ring or by ridges on the outside edge of the base, to provide for stability. At least ^-inch surface separation must be maintained between the supporting screw or nail and the conductor, and the knob must be so constructed that the supporting screw or nail cannot come in contact with the conductor. For wires larger than No. 4 B. & S. gauge, split knobs (or single wire cleats) must be so constructed as to require the use of 2 supporting screws. c. Knobs must be made of non-combustible, insulating material, which, when broken, and submerged for 100 hours in pure water at 70 degrees Fahrenheit (21 degrees Centigrade) will not absorb over Y 2 of one per cent, of its weight. d. Knobs must have the name, initials or trade-mark of the manufacturer stamped in the ware. e. Knobs must be so constructed as to separate the wire at least 1 inch from the surface wired over, and also conform to the following minimum dimensions: Size of base, inches. Split knobs, ^ ^Solid knobs, groove, thickness Square knobs or inches. of cap. Sizes of wire, inclusive. Circular single wire cleats. ' inches from knobs, ' * « Depth. Diameter, top of wire diameter. Width. Length. groove. 14-10 11-8 3-4 13-4 3-16 1-4 3-8 8-4 11-2 7-8 2 5-16 5-16 5-8 2-00 2 1 21-4 7-16 5-8 5-8 000-300,000 c. m 21-2 11-8 2 3-4 7-16 25-32 7-8 400,000-1,000,000 c.m. 3 13-8 33-4 5-8 11-4 1 ELECTRICAL CONTROL 103 § 565. Switches. 1. General rules. a. Switches must, when used for service switches, indicate, on inspection, whether the current be ^^on^’ or b. Switches must, for constant-current systems, close the main circuit and disconnect the branch wires when turned ‘‘off must be so constructed that they shall be automatic in action, not stopping between points when started and must prevent an arc between the points under all circumstances. They must indicate whether the current be “on’^ or “off.'’ 2. Knife switches. c. Knife switches must be mounted on non-combustible, non- absorptive, insulating bases. Other materials than slate, marble or porcelain must be submitted for special examination before being used. Bases with an area of over 25 square inches must have at least 4 supporting screws. Holes for the supporting screws must be so located or countersunk that there will be at least 3^ inch space measured over the surface, between the head of the screw or washer and the nearest live metal part, and in all cases when between parts of opposite polarity must be countersunk. d. Pieces carrying the contact jaws and hinge clips must be se- cured to the base by at least 2 screws, or else made with a square shoulder, or provided with dowel pins, to prevent possible turnings, and the nuts or screw-heads on the under side of the base must be countersunk not less than 1-8 inch and covered with a waterproof compound which will not melt below 150 degrees h'ahrenheit (65 degrees Centigrade). e. Hinges of knife switches must not be used to carry current un- less they are equipped with spring washers, held by lock-nuts or pins, or their equivalent, so arranged that a firm and secure connec- tion will be maintained at all positions of the switch blade§. f. All switches must have ample metal for stiffness and to prevent rise in temperature of any part of over 50 degrees Fahrenheit (28 degrees Centigrade) at full load, the contacts being arranged so that a thoroughly good bearing at every point is obtained with contact surfaces advised for pure copper blades of about 1 square inch for each 75 amperes; the whole device must be mechanically well made throughout. g. All cross-bars less than 3 inches in length must be made of insulating material. Bars of 3 inches and over, which are made of metal to insure greater mechanical strength, must be sufficiently separated from the jaws of the switch to prevent arcs following from the contacts to the bar on the opening of the switch under any cir- cumstances. Metal bars should preferably be covered with insulat- ing material. To prevent possible turning or twisting the cross-bar must be secured to each blade by 2 screws, or the joints made with square shoulders or provided with dowel-pins. h. Switches for currents of over 30 amperes must be equipped with lugs, firmly screwed or bolted to the switch, and into which the conducting wires shall be soldered. For the smaller sized switches simple clamps can be employed, provided they are heavy enough to stand considerable hard usage. 1()4 CHAPTER 9 i. Knife switches must operate successfully at 50 per cent, overload in amperes and 25 per cent, excess voltage, under the most severe conditions with which they are liable to meet in practice. j. Knife switches niust be plainly marked where the marking can be read when the switch is installed, with the name of the maker and the current and the voltage for which the switch is designed. Switches designed for 250 volts D. C. or 500 volts A. C. circuits, without fuses on the switch base, must be marked 250 V., D. C., 500 V., A. C. When 250-volt fuse terminals are mounted on the switch base, the marking of the switch must be 250 V., D. C. and A. C. When 600- volt fuse terminals are mounted on the switch base, the terminals must be spaced for 600- volt fuses and the switches marked 500 V., A. C. Triple pole switches designed with 125-volt spacings, between adjacent blades, must be marked 125 volts, and may be used on 3- wire D. C. or single phase systems having not more than 125 volts between adjacent wires and not more than 250 volts be- tween the two outside wires. When designed with 250-volt spacings between adjacent blades triple pole switches must be marked 250 volts and may be used on 3- wire D. C. or single phase systems hav- ing not more than 250 volts between adjacent wires and not more than 500 volts between the two outside wires. k. Spacings and dimensions must be at least as great as those given in the following tables: Table 1. For switchboards and panel boards; not over 125 volts D. C. and A. C.: Minimum Width and thickness separation of . , nearest metal Minimum Clips parts of break. Blades. and hinges. opposite distance. polarity. 30 amp ... 1-2 X 5-64 in. 1-2 x 3-64 in. 1 in. 3-4 in. 60 amp. . . 11-4 in. 1 in. Table 2. For individual switches; not over 125 volts D. C. and A. C.: Inch. Inch. Inch. Inch. 30 amp 1-2 X 5-64 1-2 x 3-64 1 1-4 1 60 and 100 amp 11-2 11-4 200 amp 2 1-4 2 400 and 600 amp 2 3-4 2 1-2 800 and 1,000 amp 3 2 3-4 A 300-ampere switch with the spacings of the 200-ampere switch above may be used on switchboards. Table 3. For all switches; 250 volts only D. C. and A. C.: Inch. Inch. Inch. Inch. 30 amp ... . 1-2 X 5-64 1-2 x 3-64 1 3-4 1 1-2 ELECTRICAL CONTROL 105 Table 4. For all sivitches; not over 250 volts D. C. nor over 500 volts A. C.: Inch. Inch. Inch. Inch. 30 amp 5-8 x 1-8 60 and 100 amp 200 amp 400 and 600 amp 800 and 1,000 amp 5-8 X I-I6 2 1-4 2 2 1-4 2 2 1-2 2 1-4 2 3-4 2 1-2 3 2 3-4 A 300-ampere switch with the spacings of the 200-ampere switch above may be used on switchboards. Cut-out terminals on switches for over 250 volts must be designed and spaced for 600- volt fuses. Table 5. For all switches; not over 600 volts D. C. and A. C.: Inch. Inch. Inch. Inch. 30 amp 5-8 X 1-8 60 amp 100 amp 5-8 X 1-16 4 3 1-2 4 3 1-2 4 1-2 4 Auxiliary contacts of either a readily renewable or a quick-break type or the equivalent are recommended for D. C. switches, designed for over 250 volts, and must be provided on D. C. switches designed for use in breaking currents ^eater than 100 amperes at a voltage of over 250. For 3-wire direct-current and 3- wire single-phase systems the separation and break distances for plain 3-pole knife switches must not be less than those required in the above table for switches designed for the voltage between neutral and outside wires. 3. Snap switches. l. Current-carrying parts must be mounted on non-combustible, non-absorptive, insulating bases, such as slate or porcelain, and the holes for supporting screws should be countersunk not less than 1-8 inch. There must in no case be less than 3-64 inch space between supporting screws and current-carrying parts. Sub-bases of non-combustible, non-absorptive, insulating ma- terial, which will separate the wires at least 3^ inch from the surface wired over, must be furnished with all snap switches used in exposed or moulding work. m. Pieces carrying contact jaws must be screwed to the base by at least 2 screws, or else made with a square shoulder, or provided with dowel-pins or otherwise arranged, to prevent possible turnings; and the nuts or screw heads on the under side of the base must be countersunk not less than 1-8 inch and covered with a waterproof compound which will not melt below 150 degrees Fahrenheit (65 degrees Centigrade). n. All switches must have ample metal for stiffness and to prevent rise in temperature of any part of over 50 degrees Fahrenheit (28 degrees Centigrade) at full load. The whole device must be me- chanically well made throughout. o. Any material used for insulating current-carrying parts must 106 CHAPTER 9 retain its insulating and mechanical strength when subject to con- tinued use, and must not soften at a temperature of 212 degrees Fahrenheit (100 degrees Centigrade). p. Binding posts must be substantially made and the screws must be of such size that the threads will not strip when set up tight. Switches with the set-screw form of contact will not be approved. q. Covers made of conducting material, except face plates for flush switches, must be lined on sides and top with insulating, tough and tenacious material at least 1-32 inch in thickness, firmly secured so that it will not fall out with ordinary handling. The side lining must extend slightly beyond the lower edge of the cover. r. The handle or button or any exposed parts must not be in electrical connection with the circuit. s. Snap switches must ^^make^^ and break with a quick snap, and must not stop when motion has once been imparted by the button or handle. Snap switches of the spring break pattern, normally complying with the above requirements, but with move- ment of the contact carrier under control of the operator at any point in the operation of the device, must be considered in a class with switches of the regular knife blade pattern and conform to the specifications of paragraph k of this section.^ Snap switches must operate successfully at 50 per cent, overload in amperes and at 125 volt direct current, for all 125 volt or less switches, and at 250 volts direct current, for all 126 to 250 volt switches under the most severe conditions which they are liable to meet in practice. For switches rated higher than 10 amperes, this test shall be at 25 per cent, over- load instead of 50 per cent. When slowly turned ^‘on^^ and ^‘off^^ at the rate not to exceed 10 times per minute, while carrying the rated current at rated voltage, snap switches must ^^make^^ and break the circuit 6,000 times before failing. t. Snap switches must be plainly marked, where the marking may be readily seen after the device is installed, with the name or trade- mark of the maker and the current and voltage for which the switch is designed. On flush switches these markings may be placed on the sub-plate. On other types they must be placed on the front of the cap, cover or plate. Switches which indicate whether the current is “on^^ or are recommended. § 566. Circuit breakers. 1. Generally. Circuit breakers for operation on circuits of 550 volts or less must be made to comply with the following specifications, except in those few cases where peculiar design allows the breaker to fulfill the general requirements in some other way, and where it can successfully withstand the test of paragraph d of this section. In such cases the breakers should be submitted for special examination and approval before being used. 2. Details of Construction, a. Circuit breakers must be mounted on non-combustible, non-absorptive, insulating bases, such as slate or marble. Bases with an area of over 25 square inches must have at least 4 supporting screws. Holes for the supporting screws must be so located or countersunk that there will be at least inch space measured over the surface between the head of the screw or washer ELECTRICAL CONTROL 107 and the nearest live rnetal part, and in cases when between parts of opposite polarity must be countersunk. b. Pieces carrying contact parts must be screwed to the base by at least 2 screws, or else made with a square shoulder, dowel pin, or equivalent device, to prevent possible turning, and the nuts or screw heads on the under side of the base of front-connected breakers must be countersunk not less than 1-8 inch, and covered with a waterproof compound which will not melt below 150 degrees Fahren- heit (65 degrees Centigrade). All breakers must be provided with easily accessible means of tripping them by hand without injury to the operator. c. Circuit breakers must successfully operate 3 times with 2- minute intervals intervening without incapacitating the breaker, the conditions of the testing current to be as given in the following table: Current rating of breakers. Per cent of voltage drop in test circuit with rated current flowing. Minimum avail- able capacity of supply system not including overload capacity. 0 to 100 amp 2 1,000 amp. 101 to 300 amp 3 3,000 amp. 400 amp 4 4,000 amp. 500 amp 5 5,000 amp. No filing of contacts or other repairing of the breaker to be made during the test. Multiple breakers must comply with above require- ments whether the test is on all poles at once or on one pole in- dividually. d. Circuit breakers must successfully withstand 2,000 volts A. C. for 1 minute between live metal and ground, between poles in multi- polar breaker and between terminals with breaker open. e. The maximum rise in temperature at rated current must not exceed 90 degrees Fahrenheit (50 degrees Centigrade) for coils, or 54 degrees Fahrenheit (30 degrees Centigrade) for other parts. f. Circuit breakers must not have a plus or minus error greater than 10 per cent, at any point of its calibration. g. Metal work of automatic overload circuit breakers must be substantial in construction, and must have ample metal for stiffness. The contact parts shall be arranged so that thoroughly good bear- ings are obtained; the entire device must be mechanically well made throughout. h. Must be plainly marked, where it will be visible when installed, with the name of the maker and the current and voltage for which the device is designed. § 567. Cut-outs. 1. General rules. a. Cut-outs must be supported on bases of non-combustible, non-absorptive, insulating material. b. Cut-outs must be of the enclosed type, when not arranged in 108 CHAPTER 9 approved cabinets, so as to obviate any danger of the melted fuse metal coming in contact with any substance which might be ignited thereby. c. Cut-outs must operate successfully on short-circuits, under the most severe conditions with which they are liable to meet in practice at 25 per cent, above their rated voltage, and, for link fuse cut-outs, with fuses rated at 50 per cent, above the current for which the cut- out is designed, and for enclosed fuse cut-outs with the largest fuses for which the cut-out is designed. d. Cut-outs must be marked, where the marking will be plainly visible when installed, with the name of the maker, and current and voltage for which the device is designed. 2. Link fuse cut-outs. e. Link-fuse cut-outs must be mounted on bases made of strong, non-combustible, non-absorptive, insulating material. The design of the base must be such that, considering the material used, the base will withstand the most severe conditions liable to be met in practice. Bases with an area of over 25 square inches must have at least 4 supporting screws. Holes for supporting screws must be kept outside of the area included by the outside edges of the fuse-block terminals, and must be so located or countersunk that there will be at least 3^ inch space, measured over the surface, between the head of the screw or washer and the nearest live metal part. f. Nuts or screw heads on the under side of the base must be countersunk not less than 1-8 inch, and covered with a waterproof compound which will not melt below 150 degrees Fahrenheit (65 degrees Centigrade). g. All fuse-block terminals must have ample metal for stiffness and to prevent rise in temperature of any part of over 50 degrees Fahrenheit (28 degrees Centigrade) at full load. Terminals, as far as practicable, should be made of compact form instead of being rolled out in thin strips; and sharp edges of thin, projecting pieces, as on wing thumb nuts and the like, should be avoided. Thin metal, sharp edges and projecting pieces are much more likely to cause an arc to start than a more solid mass of metal. It is a good plan to round all corners of the terminals and to chamfer the edges. h. Clamps for connecting the wires to the fuse-block terminals must be of solid, rugged construction, so as to insure a thoroughly good connection and to withstand considerable hard usage. For fuses rated at over 30 amperes, lugs firmly screwed or bolted to the terminals and into which the conducting wires are soldered must be used. i. Link fuse cut-outs must operate successfully when blowing only 1 fuse at a time on short-circuits with fuses rated at 50 per cent, above and within a voltage 25 per cent, above the current and voltage for which the cut-out is designed. j. Spacings must be at least as great as those given in the follow- ing table, which applies only to plain, open-link fuses mounted on slate or marble bases. The spaces given are correct for fuse-blocks to be used on direct-current systems, and can therefore be safely followed in devices designed for alternating currents. If the copper ELECTRICAL CONTROL 109 fuse-tips overhang the edges of the fuse-block terminals, the spacing should be measured between the nearest edges of the tips. Minimum separation of nearest metal parts of opposite polarity. Minimum break-distance. Not over 125 volts: 10 amperes or less . . . 3-4 inch 3-4 inch 11-100 amperes 1 inch 3-4 inch 101-300 amperes 1 inch 1 inch 301-1,000 amperes. . . 11-4 inch 1 1-4 inch Not Over 250 volts: 10 amperes or less . . . 11-2 inch 1 1-4 inch 11-100 amperes 13-4 inch 1 1-4 inch 101-300 amperes 2 inch 1 1-2 inch 301-1,000 amperes. . . 2 1-2 inch 2 inch 3. Enclosed-fuse cut-outs — plug and cartridge type. k. The base must be made of non-combustible, non-absorptive, insulating material. Blocks with an area of over 25 square inches must have at least 4 supporting screws. Holes for supporting screws must be so located or countersunk that there will be at least ]/2 inch space, measured over the surface, between the screw-head or washer and the nearest live metal part, and in all cases when be- tween parts of opposite polarity must be countersunk. l. Nuts or screw-heads on the under side of the base must be countersunk at least 1-8 inch and covered with a waterproof com- pound which will not melt below 150 degrees Fahrenheit (65 degrees Centigrade). m. Except for sealable service and meter cut-outs, terminals must be of either the Edison plug, spring clip or knife blade type, of ap- proved design, to take the corresponding standard enclosed fuses. They must be secured to the base by 2 screws or the equivalent, so as to prevent them from turning, and must be so made as to secure a thoroughly good contact with the fuse. End stops must be pro- vided to insure the proper location of the cartridge fuse in the cut-out. n. Clamps for connecting wires to the terminals must be of a design which will insure a thoroughly good connection, and must be sufficiently strong and heavy to withstand considerable hard usage. For fuses rated to carry over 30 amperes, lugs firmly screwed or bolted to the terminals and into which the connecting wires shall be soldered must be used. o. Enclosed-fuse cut-outs must be classified as regards both cur- rent and voltage as given in the following table, and must be so designed that the bases of one class cannot be used with fuses of another class rated for a higher current or voltage: 110 CHAPTER 9 Standard plug of cartridge cut-outs. Not over 250 volts. Not over 600 volts. 0- 30 amperes. 0- 30 amperes. 31- 60 61-100 101-200 201-400 401-600 31- 60 61-100 101-200 201-400 Sealable service and meter cut-outs. Not over 250 volts. Not over 600 volts. 0- 30 amperes. 0- 30 amperes. 31- 60 31- 60 61-100 61-100 101-200 101-200 р. Enclosed-fuse cut-outs must be of such a design that it will not be easy to form accidental short circuits across live metal parts of opposite polarity on the block or on the fuses in the block. 4. Exceptions. The foregoing requirements of this section shall not apply to rosettes, attachment plugs, car-lighting cut-outs and protective devices for signalling systems. § 568. Fuses. 1. Link fuses. a. Terminals must have contact surfaces or tips of harder metal, having perfect electrical connections with the fusible part of the strip. b. Link-fuses must be stamped with about 80 per cent, of the maximum current which they can carry indefinitely, thus allowing about 25 per cent, overload before the fuse melts. с. Fuse terminals must be stamped with the maker’s name or initials, or with some known trade-mark. 2. Enclosed fuses — plugs and cartridge type. d. The fuse casing must be sufficiently dust-tight so that lint and dust cannot collect around the fusible wire and become ignited when the fuse is blown. The fusible wire must be attached to the terminals in such a way as to secure a thoroughly good connection and to make it difficult for it to be replaced when melted. e. Enclosed fuses must be classified to correspond with the differ- ent classes of cut-out blocks, and must be so designed that it will be impossible to put any fuse of a given class into a cut-out block which is designed for a current or voltage lower than that of the class to which the fuse belongs. f. The fuse terminals must be sufficiently heavy to insure me- chanical strength and rigidty. The styles of terminals, except for use in sealable service and meter cut-outs, must be as follows: Not over 250 volts — ' A. Cartridge fuse (ferrule contact). B. Approved plugs or cartridge fuses in approved casings for Edison cut-outs not exceeding 125 volts, but including, in 3- wire 125-250 volt systems, with grounded neutral, 3-wire cir- cuits and 2-wire 125-volt or 250-volt circuits. 0-30 amps. ELECTRICAL CONTROL 111 31-60 amps. Cartridge fuse (ferrule contact) for use also in ap- proved casings for large size Edison plug type 250- volt cut-outs. 61-100 101-200 201-400 401-600 Cartridge fuse (knife blade contact). Not over 600 volts — 31-60 I Cartridge fuse (ferrule contact). 61-100 1 101-200 I Cartridge fuse (knife blade contact). 201-400 J 3. Exceptions. The requirements of subdivision 2 of this section shall not apply to fuses for rosettes, attachment plugs, car-lighting cut-outs and protective devices for signaling systems. g. Cartridge enclosed fuses and corresponding cut-out blocks, except for sealable service and meter cut-outs, must conform to the dimensions given in the following table: Table of Dimensions of the National Electrical Code Standard Cartridge Enclosed Fuse. Form 1. Cartridge fuse — ferrule contact. Voltage. Rated capacity, amperes. A. Length over terminals, inches. B. Distance between contact clips, inches. C. Width of contact clips, inches. Not over 250 0-30 Form 1 . . . . 2 1 1-2 • 31-60 Form 1 . . . . 3 1 3-4 5-8 61-100 Form 2. . . . 5 7-8 4 7-8 101-200 Form 2 7 1-8 4 1-2 1 1-4 201-400 Form 2. . . . 8 5-8 5 1 3-4 401-600 Form 2. . . . 10 3-8 6 2 1-8 Not over 600 0-30 Form 1 . . . . 5 4 1-2 31-60 Form 1 . . . . 5 1-2 4 1-4 5-8 61-100 Form 2. . . . 7 7-8 6 7-8 101-200 Form 2 . . . . 9 5-8 7 1 1-4 201-400 Form 2 . . . . 11 5-8 8 1 3-4 112 CHAPTER 9 h. Fuses must be so constructed, that with the surrounding atmos- phere at a temperature of 75 degrees Fahrenheit (24 degrees Centi- grade) they will carry indefinitely a current 10 per cent, greater than that at which they are rated, and at a current 25 per cent, greater than the rating, they will open the circuit without reaching a temperature which will injure the fuse tube or terminals of the fuse block. With a current 50 per cent, greater than the rating and at room tempera- ture of 75 degrees Fahrenheit (24 degrees Centigrade), the fuses starting cold, must blow within the time specified below: Form 2. Cartridge fuse — knife blade contact. p. Diameter of ferrules or thickness of terminal blades, inches. E. Minimum length of ferrules or of terminal blades out- side of tube, inches. F. Diameter of tube, inches. G. Width of terminal blades, inches. Rated capacity, amperes. 9-16 1-2 1-2 Form 1, , . . . 0-30 13-16 5-8 3-4 Form 1. , . . . 31-60 1-8 1 1 3-4 Form 2. , . . . 61-100 3-16 1 3-8 1 1-2 1 1-8 Form 2. , ... 101-200 1-4 1 7-8 2 1 5-8 Form 2, , ... 201-400 1-4 2 1-4 2 1-2 2 Form 2. . .. 401-600 13-16 1-2 3-4 Form 1. ... 0-30 1 1-16 5-8 1 Form 1 . . . . 31-60 1-8 1 1 1-4 3-4 Form 2 . . . . 61-100 3-16 1 3-8 1 3-4 1 1-8 Form 2 . . . . 101-200 1-4 1 7-8 2 1-2 1 5-8 Form 2. . . . 201-400 0- 30 amperes 1 minute. 31- 60 ‘‘ 2 minutes. 61-100 4 101-200 6 201-400 12 401-600 15 i. Enclosed fuses must be marked, where the marking will be plainly visible, with the name or trade-mark of the maker, the voltage and current for which the fuse is designed, and the words National Electrical Code Standard.^' Each fuse must have a label. ELECTUICAL CONTROL 113 the color of which must be green for 250-volt fuses and red for 600- volt fuses. j. The temperature of the exterior of the fuse enclosure must not rise more than 125 degrees Fahrenheit (70 degrees Centigrade) above that of the surrounding air when the fuse is carrying the current for which it is rated. k. Enclosed fuses must not hold an arc or throw out melted metal or sufficient flame to ignite easily inflammable material on or near the cut-out when only one fuse is blown at a time on a short circuit on a system of the voltage for which the fuse is rated. The normal capacity of the system must be in excess of the load on it just previous to the test by at least 5 times the rated capacity of the fuse under test. The resistance of the circuit up to the cut- out terminals must be such that the impressed voltage at the ter- minals will be decreased 1 per cent, when a current of 100 amperes is passed between them. § 569. Panel boards. a. The specifications for construction of switches and cut-outs (see § 565 and § 567 of this chapter) must be followed as far as they apply. In the relative arrangement of fuses and switches, the fuses may be placed between the bus-bars and the switches, or between the switches and the circuits, except in the case of service switches, when § 423a of this chapter must be complied with. When the branch switches are between the fuses and bus-bars, the connec- tions must be so arranged that the blades will be dead when the switches are open. When there are exposed live metal parts on the back of a board, or where the board will be subject to moisture, a space of at least ^ inch must be provided between such live metal parts and the cabinet in which board is mounted. b. The following minimum distance between bare live metal parts (bus-bars, etc.) must be maintained: — Between parts of opposite po- larity, except at switches and link fuses, when mounted on the same surface. Between parts of same polarity. When held free At link in air. fuses. Not over 125 volts. 3-4 inch 1-2 inch. 1-2 inch. Not over 250 ^^11-4^^ 3-4 3-4 Not over 600 2 1 3-4 Panel boards must be marked where the marking can be plainly seen when installed, with the name or trade-mark of the manufac- turer and the maximum capacity in amperes and the voltage for which the board is designed. § 570. Cabinets. a. Cabinets must in all cases be so constructed as to insure ample strength and rigidity and be dust-tight. When doors are of metal, and less than 0.109 inch (No. 12 U. S. sheet metal gauge) in thickness and are not lined with insulating material, there must be a space of 8 114 CHAPTER 9 at least 1 inch between the door and an enclosed fuse or any live metal part. A space of at least 2 inches must be provided between open-link fuses and metal, metal-lined or glass paneled doors of cabinets. Except as above specified, there must be a space of at least Y 2 inch between the walls, back or door of any cabinet and any exposed live metal part. Cabinets must be deep enough to allow the door to be closed when 30 ampere branch circuit switches are in any position, and when larger single throw switches are thrown open as far as their construction and installation will permit. There must be a space of at least K inch between the walls, the gutter partition, if of metal, and back of any cabinet and the nearest exposed current- carrying part of devices mounted within the cabinet. Where branch and feeder circuit wires are led around the inside of the cabinet from terminals of panel-boards, ample space must be provided within the cabinet so that it will not be necessary to run the wires upon the face of the panel-board. This space or gutter must be partitioned off from the panel board face by a barrier extending from the base of the panel-board to the front of the cabinet and firmly secured in position. These barriers if of metal must be of a thickness at least that of the walls of the box and must have bushed holes for wires. If barriers are of slate or marble they must be at least 1-8 inch in thickness and if of approved composition they must be at least Y inch in thickness. b. Cabinets may be made of either cast or sheet metal, wood or approved composition. Wooden or composition cabinets must not be used on metal conduit, armored cable or metal moulding systems. All metal used in construction of cabinets, including linings, if any, must be thoroughly painted or otherwise treated to prevent corrosion. c. Wood must be well seasoned and at least 3-4 inch thick and be thoroughly filled and painted, and must be lined with a non- combustible material. d. In all cabinets, linings of slate, marble or approved composition must be at least 1-4 inch thick and firmly secured in place; when metal is used for the lining it must be at least No. 16 U. S. sheet metal gauge in thickness. For lining wooden cabinets 3-8 inch rigid asbestos board may be used when firmly secured in place by screws or tacks. e. Only approved material should be used in composition cabinets, and in no case shall it be less than 3-4 inch in thickness. f . If cast metal is used a thickness of at least 1-8 inch must be pro- vided. Sheet metal must not be less than .0625 inch thick (No. 16 U. S. sheet metal gauge), and must in every case be of sufficient thick- ness or so reinforced as to comply with paragraph a of this section. In steel cabinets having an area of more than 360 square inches for any surface or having a single dimension greater than 2 feet, sheet metal must be used at least No. 14 U. S. sheet metal gauge in thick- ness; in those having an area of more than 1,200 square inches for any surface or having a single dimension greater than 4 1-2 feet, the sheet metal must be at least No. 12 U. S. vsheet metal gauge in thick- ness. g. Doors must shut closely at all edges against a rabbet formed as a part of the door or trim or must have turned flanges at all edges. ELECTRICAL CONTROL 115 Hinges must be of strong and durable design. A substantial latch or catch must be provided so as to keep the door closed, and a lock may be used in addition to the catch if desired. When doors have glass panels the glass must be at least 1-8 inch thick (commercial thickness), and must not have a greater area than 450 square inches unless plate glass at least 1-4 inch in thickness is used. h. Cabinets must be marked with manufacturer's name where the name can be plainly seen when the cabinet is installed. § 571. Rosettes. a. Current-carrying parts of rosettes must be mounted on non- combustible, non-absorptive, insulating bases. There should be no openings through the rosette base except those for the supporting screws and in the concealed type for the conductors also, and these openings should not be made an}^ larger than necessary. There must be at least 1-4 inch space, measured over the surface, between sup- porting screws and current-carrying parts. The supporting screws must be so located or countersunk that the flexible cord cannot come in contact with them. Bases for the knob and cleat type must have at least 2 holes for supporting screws; must be high enough to keep the wires and terminals at least 1-4 inch from the surface to which the rosette is attached and must have a porcelain lug under each terminal to prevent the rosette from being placed over projections which would reduce the separation to less than 1-2 inch. Bases for the moulding and conduit box types must be high enough to keep the wires and terminals at least 3-8 inch from the surface wired over. b. Contact pieces and terminals must be secured in position by at least 2 screws, or made with a square shoulder, or otherwise arranged to prevent turning. The nuts or screw heads on the under side of the base must be countersunk not less than 1-8 inch and covered with a waterproof compound which will not melt below 150 degrees Fahren- heit (65 degrees Centigrade). c. Line terminal plates must be at least .06 inch in thickness, and terminal screws must not be smaller than No. 6 standard screw with about 32 threads per inch. Terminal plates for the flexible cord and for fuses must be at least .06 inch in thickness. The connection to these plates shall be by binding screws not smaller than No. 5 stand- ard screw with about 40 threads per inch. At all binding screws for line wires and for flexible cord, upturned lugs, or some equivalent arrangement, must be provided which will secure the wires being held under the screw heads. d. The diameter of the cord inlet hole should measure 13-32 inch in order that standard portable cord may be used. e. Ample space must be provided for a substantial knot tied in the cord as a whole. All parts of the rosette upon which the knot is likely to bear must be smooth and well rounded. f. When the rosette is made in 2 parts, the cover must be secured to the base so that it will not work loose. In fused rosettes, the cover must fit closely over the base so as to prevent the accumulation of dust or dirt on the inside, and also to prevent any flash or melted metal from being thrown out when the fuses melt. g. Rosettes must be plainly marked where the marking may re^ily be seen after the rosette has been installed, with the name or 116 CHAPTER 9 trade-mark of the manufacturer, and the rating in amperes and volts. Fuseless rosettes may be rated 3 amperes, 250 volts; fused rosettes, with link fuses, not over 2 amperes, 125 volts. h. Fused rosettes must have a fuse in each pole and must operate successfully when short-circuited on the voltage for which they are designed, the test being made with the 2 fuses in circuit. § 572. Sockets. a. Sockets shall be classed according to diameters of lamp bases as candelabra, medium and mogul base, to be known respectively as }/2 inch, 1 inch and 1 Y 2 inch nominal sizes, with ratings as specified in the following table: -Ratings.— Key. Max. Keyless. Max. amp. amp. Nominal at any at any diam. Watts. Volts. Voltage. Watts. Volts. voltage. Candelabra. . . 1-2 in. 75 125 3-4 75 125 1 Medium .... . . 1 in. 250 250 2 1-2 660 250 6 *660 250 6 660 600 Mogul .11-2 in. 1500 250 t 1500 600 Miniature sockets and receptacles having screw shells smaller than the candelabra size may be used for decorative lighting sys- tems, Christmas tree lighting outfits and similar purposes. b. All sockets and receptacles must be marked with the name or trade-mark of the manufacturer and with tl^e watts and volts which apply to the class. The rating marks may be abbreviated, as, for example, ^‘250 W., 250 Each lamp holder of double-ended sockets must be rated as specified above, the device being marked with a single marking applying to each end. c. Metal used for shells must be moderately hard, but not hard enough to be brittle or so soft as to be easily dented or knocked out of shape. Brass shells must be at least .13 inch in thickness and for mogul sockets not less than .025 inch, and shells of any other ma- terial must be thick enough to give the equivalent stiffness and strength. d. The inside of metal shells must be lined with insulating ma- terial, which must absolutely prevent the shell from becoming a part of the circuit, even though the wires inside the sockets should become loosened or detached from their position under the terminal screws. The material used for lining must be at least 1-32 inch in thickness, and must be firm, compact, tough and tenacious. It must not be injuriously affected by the heat from the largest lamp per- mitted in the socket, and must leave water in which it is boiled prac- * This rating may be given only to sockets having a switch mechan- ism which produces both a quick ^‘make” and a quick ‘‘break’’ action. t Ratings to be assigned later, pending further discussion with manufacturers. ELECTRICAL CONTROL 117 tically neutral. It is preferable to have the lining in one piece. The lining must not extend beyond the metal shell more than 1-8 inch, but must prevent any current-carrying part of the lamp base from being exposed when a lamp- is in the socket. The cap must also be lined, and this lining must comply with the requirements for shell linings. e. Caps when made of sheet brass must be at least .013 inch in thickness and .025 for mogul sockets, and when cast or made of other metals must be of equivalent strength. The inlet piece must contain sufficient metal for 5 full threads, and when not in one piece with the cap must be riveted or otherwise secured to give the strength of a single piece. There must be suffi- cient room in the cap to enable the ordinary wireman to easily and quickly make a knot in the cord and to push it into place in the cap without crowding. All parts of the cap upon which the knot is likely to bear must be smooth and well insulated. f. The frame which holds the moving parts must be sufficiently heavy to give ample strength and stiffness. Brass pieces containing terminal screws must be sufficiently heavy to give ample strength and stiffness, and have at least .06 inch of thread for terminal screws. Terminal post screws must not be smaller than No. 5 standard screw, with about 40 threads per inch. g. For candelabra sockets and medium size sockets rated at 250 volts, points of opposite polarity must everywhere be kept not less than 3-64 inch apart, and for mogul sockets and sockets rated at 600 volts not less than 1-8 inch apart, provided, however, if substantial barriers of approved insulating material are used to separate such parts, these distances may be correspondingly reduced, but in no event must the separation distances measured over the surfaces of the barriers be less than those specified above. h. The connecting points for the flexible cord must be made to very securely grip a No. 16 or 18 B. & S. gauge conductor. An up- turned lug, arranged so that the cord may be gripped between the screw and the lug in such a way that it cannot possibly come out, is strongly advised. i. The socket must firmly hold the lamp in place so that it cannot be easily jarred out and must provide a contact good enough to prevent undue heating with the maximum current allowed. The holding pieces, springs and the like, if a part of the circuit, must not be sufficiently exposed to allow them to be brought in contact with anything outside of the lamp and socket. j. The base on which current carrying parts are mounted must be of porcelain or other non-combustible, non-absorptive, insulating material approved for such use. k. The key handle must not soften or become injured when used to operate the socket at a temperature of 150 degrees Fahrenheit. The handle should be thoroughly substantial and securely, but not necessarily rigidly, attached to the spindle or lever which it is de- signed to control. l. All screws in porcelain pieces, which can be firmly sealed in place, must be so sealed by a waterproof compound which will not melt below 200 degrees Fahrenheit (93 degrees Centigrade). 118 CHAPTElt 9 m. The socket as a whole must be so put together that parts will not rattle or fall apart under the most severe conditions they are likely to meet with in practice. The base of the socket must be secured or held in the shell in such a manner as to prevent turning or displacement relative to the shell. n. Sockets when slowly turned ^‘on^^ and at a rate of ap- proximately 10 times per minute, while carrying a load of .6 of an ampere at 125 volts for candelabra, and 1 ampere and 3 amperes at 250 volts for medium sized 250 watt and 660-volt sockets, respec- tively, must ^‘make” and “ break the circuit 6,000 times before failing, and when new must operate successfully at least 50 times at 50 per cent, in excess of the above currents, based on either 125 and 250 volts direct current and except for pull sockets when oper- ated in either direction in any position. o. Keyless sockets of all kinds must comply with the require- ments for key sockets as far as they apply. p. Sockets made of porcelain or other insulating material must conform to the above requirements as far as they apply, and all parts must be strong enough to withstand a moderate amount of hard usage without breaking. Lead wires permanently attached to sockets and sealed in place must have separate outlets or be separated not less than % inch in the clear. The wires must be stranded and have approved insulating coverings. q. "When the socket is not attached to a fixture, the threaded inlet must be provided with a strong insulating bushing having a smooth hole at least 9-32 inch in diameter. The edges of the bushing must be rounded and all inside fins removed, so that in no place will the cord be subjected to the cutting or wearing action of a sharp edge. § 573. § 574. Arc lamps. a. Arc lamps must be provided with reliable stops to prevent carbons from falling out in case the clamps become loose. b. All exposed parts must be carefully insulated from the circuit. c. Arc lamps must, for constant current systems, be provided with an approved hand switch, and an automatic switch that will shunt the current around the carbons, should they fail to feed properly. d. Terminals must be designed to secure a thoroughly good and permanent contact with supply wires, which contact must not be- come loosened by motion of the lamp during trimming. § 575. Spark arresters. a. Spark arresters must so close the uj)per orifice of the globe that it will be impossible for any sparks, thrown off by the carbons, to escape. § 576. Insulating joints. a. Insulating joints must, with the exception of exterior finishing or waterproofing material, be made entirely of material that will resist the action of illuminating gases, and that will not give way or soften under the heat of an ordinary gas flame. b. Insulating joints must, with the exception of insulating studs designed to be mounted with screws or bolts, have a substantial ELECTRICAL CONTROL 119 exterior metal casing insulated from both screw connections. All exposed surfaces of insulating material must be smooth, hard and waterproof. c. Insulating joints must show a dielectric strength between pipe attachments and betw’een either pipe attachment separately and the exterior metal casing sufficient to resist throughout 5 minutes the application of an A. C. electro-motive force of 4,000 volts. d. Insulating joints must be sufficiently strong to resist the strain to which they are liable to be subjected during the installation. Joints made for attachment to pipes of nominal 3-4 inch diameter or smaller must be able to withstand, without injury, a twisting effect at least as great as that required to cause the threads to give way on ordinary commercial iron gas pipe of the largest size upon which the joint can be threaded. This test need not be applied to insulating studs designed to be mounted with screws or bolts. e. Insulating joints must be threaded for standard iron pipe (Brigg’s standard thread) or for brass tube pipe standard thread as given in the following table: • Standard Iron Pipe. Actual outside No. of threads Trade size. diameter, inches. to the inch. 1-8 .405 27 1-4 .540 18 3-8 .675 18 1-2 .840 14 3-4 1.050 14 1 1.315 11 1-2 1 1-4 1.660 11 1-2 1 1-2 1.900 11 1-2 2 2.375 11 1-2 2 1-2 2.875 8 3 3.500 8 Joints to fit standard brass tubing having outside diameters or trade name sizes from 1-4 inch to 3-4 inch must be threaded with 27 threads to the inch. § 577. Fixtures. a. Fixtures must be made of metal or hard wood, except that other approved material may be used if reinforced by metal or otherwise constructed to secure requisite mechanical strength. In all cases mechanical strength must be secured practically equivalent to an all-metal fixture of similar size and form. b. All arms must be reliably secured to prevent turning. Arms of threaded tubing must not be lighter than No. 18 B. & S. gauge and with screw joints of arms there must be not less than 5 threads, all engaging. All methods of fastening arms or making joints be- tween metal parts by soldering, brazing or otherwise, must be such as to secure in every case ample strength and reliability. Must be 120 CHAPTER 9 SO assembled as to furnish accessibility for inspection, or in lieu thereof must be inspected at the factory. c. Sockets must, except on pendant cords, be attached to the metal of the fixtures and must be secured in a reliable and permanent manner. Receptacles having exposed terminals must not be used in canopies or in any part of fixtures unless completely enclosed in metal. d. All burrs, fins and sharp edges liable to injure wire coverings must, where practicable, be removed or rounded, but in every case it must be possible to pull in and also to withdraw the wires without injuring them. Where supply wires enter fixture stems or casings there must be suitable fittings having smooth rounded edges to pre- vent injury to the wire coverings. In non-metallic fixtures wire- ways must be metal-lined, unless approved armored conductors with suitable fittings are used. On chains or similar parts, where con- ductors are not completely enclosed in metal, wires must be stranded and must have rubber insulation not less than 1-32 inch in thickness or approved pendant.or portable cord may be used. e. Fixtures must be marked with the manufacturer's name or trade-mark. f. Fixtures must be tested in an approved manner for short cir- cuits between conductors and for contacts between conductors and metal parts of fixtures. g. Showcase fixtures, ceiling bulls-eyes, dome fixtures and similar types must be sufficiently ventilated, where possible, to avoid expos- ing the wiring to high temperatures and the wiring at such fixtures should be so disposed as to be kept as free as possible from excessive temperatures. § 578. Rheostats, resistance boxes and equalizers. a. Rheostats, resistance boxes and equalizers must be made en- tirely of non-combustible materials, except such minor parts as handles, magnet insulation, etc. All segments, lever arms, etc., must be mounted on non-combustible, non-absorptive insulating material. b. Rheostats, resistance boxes and equalizers must be so con- structed that when mounted on a plane surface the casing will make contact with such surface only at the points of support. An air space of at least 1-4 inch between the rheostat casing and the sup- E orting surface will be required. The construction throughout must e heavy, rugged and thoroughly workmanlike, c. Clamps for connecting wires to the terminals must be so de- signed as to insure a thoroughly good connection, and must be suffi- ciently strong and heavy to withstand considerable hard usage. For currents above 30 amperes, lugs into which the connecting wires may be soldered, or approved solderless connectors, must be used. Clamps or lugs will not be required when leads are provided as a part of the device. d. Rheostats, resistance boxes and equalizers must be plainly marked, where the marking may be readily seen after the device is installed, with the rating and the name of the maker; and the ter- minals of motor-starting rheostats must be marked to indicate to what part of the circuit each is to be connected, as ^‘line,^^ ‘^arma- ture” and “field.” ELECTRICAL CONTROL 121 e. The design of the fixed and movable contacts and the resistance in each section must be such as to secure the least tendency toward arcing and roughening of the contacts, even with careless handling or the presence of dirt. In motor-starting rheostats, the contact at which the circuit is broken by the lever arm when moving from the running to the starting position must be so designed that there will be no detrimental arcing. The final contact, if any, on which the arm is brought to rest in the starting position must have no electrical connection. f. Motor-starting rheostats must be so designed that the contact cannot be left on intermediate segments, and for direct current cir- cuits must be provided with an automatic device which will interrupt the supply circuit before the speed of the motor falls to less than 1-3 of its normal value. In motor-starting rheostats for alternating current circuits the automatic interrupting device may be omitted. g. Overload-release devices which are inoperative during the process of starting a motor will not be approved, unless other circuit breakers or fuses are installed in connection with them. h. Rheostats, resistance boxes and equalizers must, after 100 oper- ations under the most severe normal conditions for which the device is designed, show no serious burning of the contacts or other faults, and the release mechanism of motor-starting rheostats must not be impaired by such a test. Field rheostats, or main-line regulators intended for continuous use, must not be burned out or depreciated by carrying the full normal current on any step for an indefinite period. Resistances intended for intermittent use (such as on electric cranes, elevators, etc.) must be able to carry their rated current on any step for as long a time as the character of the apparatus which they control will permit them to be used continuously. Starting duty resistances for direct current motors shall be so constructed that when the voltage marked on the name plate or not more than 10 per cent, in excess thereof is applied to the main line terminals, and the starting arm or other starting mechanism is operated at such a rate that the current through the resistance does not fall below the rated full load current, and this test is continued for not more than 3 minutes, there shall be no resultant flaming or molten droppings; or if the resistance conductor is fused, the arc or any attendant flame or molten droppings shall be confined within the rheostat. Starting duty resistances for alternating current motors shall be tested as specified above for direct current starting resistances, except that for starters especially designed for squirrel cage or single phase motors the test conditions shall be so modified either by re- duction in the applied voltage or by the use of supplementary re- sistances as to produce approximately the same current conditions as will be met with in service. Continuous duty resistances shall either be so constructed that if the resistive conductor be fused the arc or any attendant flame or molten droppings shall be confined within the rheostat or they shall be constructed with such capacity that if subjected to a current flow throughout the entire rheostat, 25 per cent, in excess of that at which they are rated, for a period of 2 hours, there shall be no resultant flaming or molten droppings. § 579. Auto-starters. 122 CHAPTER 9 a. Coils and switches of auto-starters used in dusty and linty places or where exposed to flyings of combustible material, must be completely enclosed in substantial metal cases so constructed as to effectually exclude ordinary dust, lint or flyings of combustible material. Auto-starters used in places where the above conditions do not exist, may be of any approved type. Cases for either transformer coils or swatches must provide for access to the interior for inspection and for renewal of oil, and must be so constructed that when mounted on a plain surface the casing will make contact with such surface only at points of support. An air space at least inch between the casing and supporting surface will be required. The oil tank shall be marked in a suitable manner to indicate the proper oil level. The switch must provide an off position, a running position and at least one starting position. It must be so arranged that it will be held in off and running positions but cannot be left in a starting position or without the proper running overload protective devices in the circuit. The construction throughout must be thoroughly sub- stantial. b. Clamps for connecting wires to the terminal boards must be so designed as to insure a thoroughly good connection and must be sufficiently strong and heavy to withstand considerable hard usage. For currents above 30 amperes, lugs into which the connecting wires may be soldered, or approved solderless connectors, must be used. Clamps or lugs will not be required when leads are provided as a part of the device. c. Auto-starters must be plainly marked, where the marking may be readily seen after the device is installed, with the rating and name of the maker; terminals to be so marked as to indicate to what part of the circuit each is to be connected. d. The insulation of the completely assembled apparatus must withstand for 1 minute a potential test between live metal parts and frame, core and case as follows: Rate terminal voltage of circuit. Testing voltage. Not exceeding 400 volts 1500 volts 401-800 2000 801-1200 3500 1201-2500 > 5000 2500 up Double normal rated voltages e. With full line voltage applied to line terminals and current taken from taps giving between 40 and 60 per cent, of the normal line voltage, 300 per cent, of full load current of the motor applied for the first 15 seconds of each 4-minute period for not more than 1 hour auto-starters must show no resultant flaming or molten drop- pings. The oil, if any, in which the transformer windings are im- mersed shall not overflow the containing case. § 580. Reactive coils and condensers. a. Reactive coils must be made of non-combustible material, ELECTRICAL CONTROL 123 mounted on non-combustible bases and treated, in general, as sources of heat. b. Condensers must be treated like other apparatus operating with equivalent voltage and currents. They must have non- combustible cases and supports, and must be isolated from all combustible materials and, in general, treated as sources of heat. § 581. Transformers. 1. Air cooled transformers. a. Air cooled transformers must be placed in substantial metallic or other non-combustible cases, which completely enclose all current- carrying parts, with the exception of the terminals of the secondary winding of bell or other signaling transformers which may be mounted outside the casing. Air cooled transformers must be so constructed that when mounted on a plane surface the casing will make contact with such surface only at the points of support. An air space of at least 34 inch between the transformer casing and the supporting surface will be required. The construction throughout must be substantial and thoroughly workmanlike. b. Air cooled transformers must be plainly marked, where the marking will be readily seen after the transformer is installed, with the name of maker, with the frequency, the primary and all second- ary voltages, and the rated capacity in kilo-volt-amperes. c. Air cooled transformers must be constructed to comply with the following tests: 1. The secondary winding shall be short circuited and normal voltage shall be applied to the primary winding for a period suffi- ciently long either to cause a burnout or to cause the casing to at- tain a constant temperature. If the transformers when so tested burn out there shall be no escape of flames or molten metal. 2. When heated to normal full load operating temperature the insulation of the transformer shall withstand continuously for 1 minute a difference of potential (alternating), between high voltage coils and between the high voltage coils and the core, in accordance with the standardization rules of the American Institute of Electrical Engineers. 2. Bell ringing or other signaling transformers. d. Transformers for bell-ringing or other signaling service only must be constructed in accordance with the following specifications and may be approved for use when all wiring on the primary side is in accordance with the requirements of article 4 of this chapter. e. Must comply with the requirements of paragraphs a and b of this section and also with the following specifications: — 1. Provision shall be made for connecting the primary winding to the supply circuit by leads of approved rubber-covered wire not smaller than No. 14 B. & S. gauge, which must be securely soldered within the case to the ends of the primary coil. These leads must pass through the walls of the case through insulating bushings which must separately insulate each conductor. The leads must extend at least 6 inches outside the case and provision must be made to prevent strain coming on the points where the leads are attached to the primary winding. 2. The primary voltage rating shall not be over 125 volts. 124 CHAPTER 9 3. The design of the transformer shall be such that when any 2 secondary terminals are short-circuited, while 110 volts (60 cycles) are impressed on the primary, the input measured by a watt meter in the primary circuit shall not be more than 25 watts. 4. In addition to the test prescribed in paragraph c of this section, the transformers shall be run at normal primar^^ voltage and with secondary short circuited until a constant temperature is reached as indicated by a mercury thermometer on the outside of the case. The rise in temperature so measured shall not exceed 50 degrees Centigrade. At the end of the heating test above, the insulation shall withstand for 1 minute the application of 2,500 volts A. C. between primary and secondary coils and between primary and the core or case. 5. The proper terminals must be marked ^^Line^^ and ^^Bell.^^ § 582. Lightning arresters. a. Lightning arresters must be of approved construction. § 583. Electric Signs (for Low Potential System Only). a. Electric signs shall be constructed entirely of metal, or other incombustible material, except the insulation thereof. Sheet metal must be not less than No. 28 U. S. sheet metal gauge. All metal must be galvanized, enameled, treated with at least 3 coats of anti- corrosive paint, or otherwise protected in an approved manner against corrosion. b. Electric signs must be so constructed as to secure ample strength and rigidity. Electric signs must be so constructed as to be practically weather- proof and so as to enclose all terminals and wiring other than the supply leads, except that open work will be permitted for signs on roofs or open ground where not subject to mechanical injury, pro- vided the wiring is in accordance with paragraph e of this section. Cut-outs, transformers, unless of weatherproof type, flashers and other similar devices on or within the sign structure, must be in a separate, completely enclosed, accessible and weatherproof compart- ment, or in a substantial weatherproof box or cabinet of metal of thickness not less than that of the metal of the sign itself. Each compartment must have suitable provision for drainage through one or more holes each not less than 34 inch in diameter. c. Electric signs must have the maker’s name or trade-mark permanently attached to the exterior. d. Receptacles must be so designed as to afford permanent and reliable means to prevent possible turning; must be so designed and placed that terminals will be at least inch from other ter- minals, and from metal of the sign, except that where open work is permitted this separation must be 1 inch. Miniature receptacles will not be approved for use in outdoor signs. e. Wiring must be approved rubber covered, not less than No. 14 B. & S. gauge, and, except where open work is permitted, must be double braided. Wiring must be neatly run and so disposed and fastened as to be mechanically secure. Wires must be soldered to terminals, and exposed parts of wires and terminals must be treated to prevent corrosion. Wires must, where they pass through walls or partitions of the sign be protected by approved bushings. On ELECTRICAL CONTROL 125 outside of sign structure, except where open work is permitted, wires must be in approved metal conduit or in approved lead sheathed armored cable. For open work, wires must be rigidly supported on non-combustible non-absorptive insulators which separate the wires at least 1 inch from the surface wired over. Rigid supporting re- quires, under ordinary conditions where wiring over flat surfaces, supports at least every feet. If the wires are liable to be dis- turbed the distances between supports should be shortened. In those parts of circuits where wires are connected to approved recep- tacles which hold them at least 1 inch from surface wired over, and which are placed not over 1 foot apart, such receptacles will be con- sidered to afford the necessary support and spacing of the wires. Between receptacles more than 1 foot, but less than 2 feet apart, an additional non-combustible, non-absorptive insulator maintaining separation and spacing equivalent to the receptacles, must be used. Except as above specified wires must be kept apart at least 23^ inches for voltages up to 300, and 4 inches for higher voltages. f. Leads from signs must pass through the walls of the sign either through approved metal conduit or armored cable, or must be neatly cabled and pass through one or more bushings of approved non-combustible, non-absorptive insulated bushings. g. Not over 1,320 watts shall be dependent upon final cut-out. Article 6. — Miscellaneous. Section 685. Signaling systems. 686. Wireless telegraph apparatus. 687. Electric gas lighting. 688. Insulation resistance. Section 685. Signaling systems. I. Outside wires, a. Outside wires must be run in underground ducts or strung on poles, and kept off the roofs of buildings, except by special permission, and must not be placed on the same cross- arm with electric light or power wires. They must not occupy the same duct, manhole or handhole of conduit systems with electric light or power wires. Single manholes, or handholes separated into sections by means of partitions of brick or tile will be considered as conforming with the above requirement. When the entire circuit from central station to building is run in underground conduits, paragraphs b to m inclusive of this section do not apply. b. When outside wires are run on same pole with electric light or power wires, the distance between the two inside pins of each cross- arm must not be less than 24 inches. When the wires are carried in approved cables, paragraphs c, d and e of this section do not apply. c. Where wires are attached to the outside walls of buildings, they must have an approved rubber insulating covering, and on frame buildings or frame portions of other buildings shall be sup- ported on glass or porcelain insulators, or knobs. d. The wires from last outside support to the cut-outs or pro- tectors must be of copper, and must have an approved rubber in- sulation; must be provided with drip loops immediately outside the building and at entrance. e. Wires must enter building through approved non-combustible. 126 CHAPTER 9 non-absorptive insulating bushings sloping upward from the outside, and both wires may enter through the same bushing, if desired 2. Ten arnpere installations, f. An all-metallic circuit shall be provided, except in telegraph systems. g. At the entrance of wires to building, approved single pole cut- outs, designed for 251-600 volts potential and containing fuses rated at not over 10 amperes capacity, shall be provided for each wire. These cut-outs must not be placed in the immediate vicinity of easily ignitable stuff, or where exposed to inflammable gases, or dust or to flyings of combustible material. h. The wires inside building shall be of copper not less than No. 16 B. & S. gauge, and must have insulation and be supported, the same as would be required for an installation of electric light or power wiring, 0-600 volts potential. i. The instruments shall be mounted on bases constructed of non-combustible, non-absorptive insulating material. Holes for the supporting screws must be so located, or counter-sunk, that there will be at least 1-2 inch space, measured over the surface, between the head of the screw and the nearest live metal part. 3. Less than 10 ampere installations, j. Wires must be provided with an approved protective device located as near as possible to the entrance of wires to building. The protector must not be placed in the immediate vicinity of easily ignitable stuff, or where exposed to inflammable gases or dust or flyings of combustible materials. k. Wires from entrance to building to protector must be sup- ported on porcelain insulators, so that they will come in contact with nothing except their designed supports. l. The ground wire of the protective device shall be run in ac- cordance with the following requirements: — 1. Shall be of copper and not smaller than No. 18 B. & S. gauge. 2. Must have an insulating covering approved for voltages from 0 to 600, except that the preservative compound may be omitted. 3. Must run in as straight a line as possible to a good permanent ground. This may be obtained by connecting to a water or gas pipe connected to the street mains or to a ground rod or pipe driven m permanently damp earth. When connections are made to pipes, preference shall be given to water pipes. If attachment is made to gas pipe, the connection in all cases must be made between the meter and the street mains. In every case the connection shall be made as near as possible to the earth. When the ground wire is attached to a water pipe or a gas pipe, it may be connected by means of an approved ground clamp fastened to a thoroughly clean portion of said pipe, or the pipe shall be thoroughly cleaned and tinned with rosin flux solder, and the ground wire shall then be wrapped tightly around the pipe and thoroughly soldered to it. When the ground wire is attached to a ground rod driven into the earth, the ground wire shall be soldered to the rod in a similar man- ner. Steam or hot- water pipes must not be used for a protector ground. m. The protector to be approved must comply with the followdng requirements: 1. For instrument circuits of telegraph systems, an approved ELECTRICAL CONTROL 127 single pole cut-out in each wire, designed for 2,000 volts potential, and containing fuses rated at not over 1 ampere capacity. When main line cut-outs are installed as called for in paragraph g of this section the instrument cut-outs may be placed between the switch- board and the instrument as near the switchboard as possible 2. In all other systems the protector must be mounted on non- combustible, non-absorptive insulating bases, so designed that when the protector is in place, all parts which may be alive will be thor- oughly insulated from the wall to which the protector is attached. The protector must have the following parts: ^ A lightning arrester which will operate with a difference of poten- tial between wires of not over 500 volts, and so arranged that the chance of accidental grounding is reduced to a minimum. A fuse designed to open the circuit in case the wires become crossed with light or powder circuits. The fuse must be able to open the circuit without arcing or serious flashing when crossed with an ordinary commercial light or power circuit. A heat coil, if the sensitiveness of the instrument demands it, which will operate before a sneak current can damage the instru- ment the protector is guarding. Heat coils are necessary in all circuits normally closed through magnet windings, which cannot indefinitely carry a current of at least 5 amperes. The heat coil is designed to warm up and melt out with a current large enough to endanger the instruments if continued for a long time, but so small that it would not blow the fuses ordinarily found necessary for such instruments. 3. The fuses must be so placed as to protect the arrester and heat coils, and the protector tenninals must be plainly marked ‘Mine,” “instrument,” “ground.” An easily read abbreviation of the above words will be allowed. 4. Generally. The following rules apply to all systems whether the wires from the central office to the building are overhead or underground: n. Wires beyond the protector, or wires inside buildings where no protector is used, must be neatly arranged and securely fastened in place in some convenient, workmanlike manner. They must not come nearer than 2 inches to any electric light or power wire in the building, unless separated therefrom by some continuous and firmly fixed non-conductor creating a permanent separation; this non-conductor to be in addition to the regular insulation on the wire. o. Wires where bunched together in a vertical run within any building must have a fire-resisting covering sufficient to prevent the wires from carrying fire from floor to floor unless they are run either in non-combustible tubing or in a fireproof shaft, which shaft must be provided with fire stops at each floor. Signaling wires and electric light or power wires may be run in the same shaft, provided that one of these classes of wires is run in non-combustible tubing, or provided that when run otherwise these two classes of wires shall be separated from each other by at least 2 inches. In no case shall signaling wires be run in the same tube with electric light or power wires. 128 CHAPTER 9 р. Transformers or other devices for supplying current to signal- ing systems from light, heat or power circuits must be of a design expressly approved for this purpose. The primary wiring must be installed in accordance with the requirements of article 4 of this chapter, and the secondary wiring in accordance with this article. § 686. Wireless telegraph apparatus. In setting up wireless telegraph apparatus, all wiring within the building must conform to the requirements of this chapter for the class of work installed and the following additional specifications: a. Aerial conductors must be permanently and effectively groxmded at all times when station is not in operation by a conductor not smaller than No. 4 B. & S. gauge copper wire, run in as direct line as pos- sible to water pipe at a point on the street side of all connections to said water pipe within the premises, or to some other equally satis- factory earth connection. b. Aerial conductors when grounded as above specified must be effectually cut off from all apparatus within the building. с. Or the aerial must be permanently connected at all times to earth in the manner specified above, through a short-gap lightning arrester, said arrester to have a gap of not over .015 inch between brass or copper plates not less than 2 1-2 inches in length parallel to the gap, and 1 1-2 inches the other way with a thickness of not less than 1-8 inch mounted upon non-combustible, non-absorptive insulating material of such dimensions as to give ample strength. Other approved arresters of equally low resistance and equally sub- stantial construction may be used. d. In cases where the aerial is grounded as specified in paragraph a of this section, the switch employed to join the aerial to the ground connection shall not be smaller than a standard 100 ampere knife switch. e. Where supply is obtained direct from the street service the circuit must be installed in approved metal conduits or armored cable. In order to protect the supply system from high potential surges, there must be inserted in circuit either a transformer having a ratio which will give a potential on the secondary leads not to ex- ceed 550 volts, or two condensers in series across the line the con- nection between said condensers to be permanently and effectually grounded. These condensers should have capacity of not less than Yi micro-farad. § 687. Electric gas lighting. a. Electrical gas lighting, unless it is the frictional system, must not be used on the same fixture with the electric light. § 688. Insulation resistance. The wiring in any building must comply with the following re- quirements: The complete installation must have a resistance be- tween conductors and between all conductors and the ground (not including attachments, sockets, receptacles, etc.) not less than that given in the following table: Up to 5 amperes 4,000,000 ohms Up to 10 amperes 2,000 000 ohms Up to 25 amperes 800,000 ohms Up to 50 amperes 400,000 ohms EXPLOSIVES AND HAZAKDOUS TRADES 129 Up to 100 amperes 200,000 ohms Up to 200 amperes 100,000 ohms Up to 400 amperes 50,000 ohms Up to 800 amperes 25,000 ohms Up to 1,600 amperes 12,500 ohms The test must be made with all cut-outs and safety devices in place. If the lamp sockets, receptacles, electroliers, etc., are also connected, only one-half of the resistance specified in the table will be required. Article 7. — Violations. Section 700. Violations. Any person who shall violate any pro- vision of this chapter, or fail to comply with any requirement thereof, or who shall violate or fail to comply with any order or regulation of the commissioner made thereunder, or who, being the holder of a special permit, as defined in subdivision 7 of section 1 of this chapter, shall install, alter or repair any electric wiring or appliance for light, heat or power, in violation of the terms of such special permit or any provision of this chapter, shall, for each and every such violation or non-compliance forfeit and pay a penalty in the sum of $50. Chapter 10. — Explosives and Hazardous Trades. Article 1. — General Provisions, Section 1. Definitions. 2. Construction of chapter. 3. Federal Government. 4. City officers. 5. Seizure of contraband material. 6. Revenues, disposition of. 7. Electrical perils, protection against. 8. Smoking prohibited. 9. Fire extinguishing appliances. 10. Hazardous industries. 11. Permits. Section 1. Definitions. I- 5, p. 162. 6. Repealed Ord. May 25, 1915. 7-9, p. 162. 10. Repealed Ord. May 25, 1915. II- 12, p. 162. 12 (a). Container capacity, the cubic measure of the container. (New.) 13-15, p. 162. 16. Fire retarding material, asbestos board in two lavers, each one-fourth inch in thickness, the second layer breaking joints in all directions with the first, or plaster boards cocoa fiber filled, covered with lap jointed metal, not less than 26 B. & S. gauge in thickness, and any other material that has successfully passed the one hour fire test prescribed by the industrial board of the State Labor De- partment under date of October 29, 1914. (Amend. May 25, 1915.) 9 130 CHAPTEK 10 17-22, p. 163. 23. Inflammable motion picture film, a film made of nitro-cellulose product or other inflammable substance, used for the purpose of displaying motion pictures for exhibition. (Amend. May 25, 1915.) 24-30, p. 163. 30 (a) Oil selling station, an authorized building, shed or en- closure, or any portion thereof, in which the business of storing and selling volatile inflammable oil to passing motor vehicles is con- ducted, but where motor vehicles are not stored. (Amend. May 25, 1915.) 30 (b) Oil Storage Plant, a building, shed, enclosure or premises, or any portion thereof, in which petroleum or shale oil or the liquid products thereof, or of coal tar, are stored or kept for sale in large quantities, in tanks, barrels or approved floating barges. (Amend. May 25, 1915.) 31. p. 164. 32. Private garage, a garage in which motor vehicles containing volatile inflammable oil are stored, housed or kept, which are not for sale, rent or hire, or subject to charges for storage, or used exclusively for business purposes. (Amend. May 25, 1915.) 33. Public or commercial garage, any garage, not included within the definition of private garage in this section. (Amend. May 25, 1915.) 34-37, p. 164. 38-39. Repealed Ord. May 25, 1915. 40-44, p. 164. 45. Working or filling pressure, the pressure at 70 degrees Fahren- heit. (Amend. May 25, 1915.) § 2. Construction of chapter. Whenever in this chapter a speci- fied article treats of any substance, trade or industry, such regula- tions shall control and have precedence over any conflicting reference or regulation covering the same substance, business, trade or in- dustry made in any other portion of this chapter. (Amend. May 25, 1915.) §§ 3-9, p. 166. § 10. Hazardous industries. Except as otherwise provided in this chapter, no person shall conduct a hazardous or dangerous industry, trade, occupation or business, requiring the storage, sale or use of any explosives, inflammable, combustible or other dangerous sub- stance, article, compound or mixture, without a permit, issued upon such conditions as are deemed by the fire commissioner necessary in the interest of public safety. (Amend. May 25, 1915.) § 11. Permits. The sale, storage, use, manufacture or transporta- tion of any combustible, inflammable or explosive article, thing, sub- stance or compound to which this chapter applies, without a permit in writing^from the fire commissioner, except where hone is provided for in this chapter, is hereby prohibited. Where separate regulations require permits for two or more departments or branches of the same business conducted in the same establishment, all such departments or branches may be included in a single permit, the fee to be fixed by the fire comhiissioner. (New Ord. May 25, 1915.) EXPLOSIVES AND HAZARDOUS TRADES 131 Article 2. — Certificates and Permits. § 20, p. 166. § 21. Certificate of fitness. ^ 1. Qualifications. An applicant for a certificate of fitness must — (a) Be at least 21 years of age; (b) Have a reasonable understanding of the English language and be able to answer satisfactorily such questions as may be asked him upon his examination; (c) Produce such evidence of his character, habits and past em- ployment as may be satisfactory to the Commissioner; (d) Pass an examination, by a person or body designated by the fire commissioner, upon the law and ordinance regulations governing the transportation, storage and use of the substance, compound or article relating to or connected with the service to be performed by him; upon the risks incident to his employment, and upon his knowl- edge of the precautions necessary to be taken in connection there- with; provided, however, that such examination may be waived at the discretion of the fire commissioner upon application for renewals of such certificates. Upon the approval of such examiner or examin- ing body, the fire commissioner may issue to him a certificate of fitness. An applicant for such certificate, who has failed to pass a satisfactory examination may renew his application after the ex- piration of 3 months from the date of his last examination. (e) In addition to the foregoing requirements, an applicant in order to obtain an original certificate of fitness as a blaster, must present satisfactory evidence of experience in handling high explo- sives, either as a blaster or a blaster's helper, for a period of not less than two years, and that he is properly qualified to perform the duties of a blaster. (Amend. May 25, 1915.) § 22. Certificates of approval. Each application for a certificate of approval shall be accompanied with the article or thing sought to be approved, or with complete working drawings thereof. The applicant for the certificate shall, at his own cost and expense, fur- nish to the fire commissioner any required opportunity to make an analysis, test or examination of the article or thing which is the subject of his application, under such conditions as may be pre- scribed by the commissioner; or shall, if directed, have such analysis, test or examination made at a laboratory or testing establishment to be designated by the commissioner. Each article or thing of a type for which a certificate of approval shall have been issued shall have the number of such certificate plainly stamped or otherwise fixed upon it, or a mark of identification which must be recorded in the certificate of approval. (Amend. May 25, 1915.) § 23, p. 167. § 24. Permits; general provisions. 1. (Repealed May 25, 1915.) 2, p. 167. § 25. Special permits. 1, p. 167. 2. Modifications. When the circumstances, conditions, limitations or surroundings of any business, occupation, trade, industry or 132 CHAPTER 10 premises, to which this chapter applies are unusual, or such as render it impracticable to enforce all the provisions applicable thereto, the fire commissioner may waive, or modify such provisions to such extent as he may deem necessary in the premises consistent with public safety. (Amend. May 25, 1915.) § 26. Renewals; revocation. Unless otherwise specifically pro- vided, every permit, certificate of fitness or certificate of registration or renewal thereof, granted by the fire commissioner, shall be for such period as he may determine, not to exceed one year, and shall be a mere revocable license. Certificates of approval need not be granted for a fixed period, and may be revoked at any time. (Amend. May 25, 1915.) § 27. Inspection. Every permit must at all times be kept on the premises designated therein, and every certificate of fitness shall at all times be kept in the possession of the person to w^hom it shall have been issued upon pain of forfeiture thereof, and shall at all times be subject to inspection by any officer of the fire or police de- partments. (Amend. May 25, 1915.) Article 3. — Bonds and Fees. §§ 40-41, p. 168. § 42. Fees for certificates. Applicants for certificates issued under the provisions of this chapter shall pay annual fees as follows: Class of Certificate. Fee. 1. Certificate of fitness as magazine keeper. $2 00 other certificates of fitness, original 5 00 renewals 2 00 2. Certificates of approval 25 00 3. Certificates of registration, the fee required for a permit to manu- facture a similar article or thing within the city. Section 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen May 11, 1915. Received from his Honor the Mayor May 25, 1915, without his approval or disapproval thereof; therefore, as provided in section 40 of the Greater New York Charter, the same took effect as if he had approved it. § 43. Fees for permits. Applicants for permits under the provi- sions of this chapter shall pay annual fees as follows: Class of Permits. Annual Fee. 1. Acids, to store: more than 1 and not exceeding 15 carboys of any acid or acids, except picric acid $2 00 more than 15 carboys of any acid or acids, except picric acid 5 00 2. Ammunition for small-arms: to load by hand 5 00 to store and sell EXPLOSIVES AND HAZAKDOUS TRADES 133 in quantities specified in § 81 $50 00 in quantities not exceeding 25 per cent, of quantities specified in § 81 10 00 to use blank cartridge on the stage 2 00 3. Barbers^ supplies, manufacturers of, when applications do not exceed 2 bbls. Columbian spirits, 100 lbs. essen- tial oils, 1 bbl. grain alcohol 2 00 4. Black powder, blasting powder or smokeless powder: to store 14 to 250 pounds 10 00 under 14 pounds 5 00 5. Calcium carbide: to store, less than 600 pounds 10 00 more tha,n 600 pounds 25 00 6. Collodion, in factories where used as an ingredient of a manufactured product 10 00 7. Combustible mixtures: to manufacture 25 00 to store and sell 2 00 8. Confectionery supplies, manufacturers of, when applica- tions do not exceed 7 bbls. alcohol, 1,500 lbs. glycerine, 750 lbs. essential oils, 500 lbs. flavoring, 250 lbs. shellac, 3 tons cotton seed oil, 5 bales excelsior, 2 gals, benzine, 10 lbs. amyl acetate, 50 gals, cologne spirits, 25 lbs. sulphuric acid, 7 lbs. ether 10 00 9. Drug store, or drug or chemical supply-house: to maintain and operate, wholesale 10 00 to maintain and operate, retail 2 00 10. Electric light and power station, when applications do not exceed 20 gals, gasoline, 5 gals, benzine, 5 gals, muriatic acid, 5 gals nitric acid, 1 gal. ether, 100 gals, paints, 5 gals, alcohol, 2 bbls. varnish 5 00 11. Electric and other blasting caps, to store and sell 25 00 12. Explosives: to bring into the city and sell, to transport and deliver 250 00 for each vessel carr>dng locally 50 00 for each vehicle delivering locally 50 00 to use 25 00 each magazine, first class 25 00 second class 20 00 third class 1 5 00 fourth class 10 00 fifth class 5 00 13. Essential oils, storage and sale: 500 pounds and over 10 00 100-500 lbs 5 00 not exceeding 100 lbs 2 00 14. Fire-crackers, to store in warehouse 25 00 15. Fire-works: to manufacture and store 100 00 to store and sell, at any one time: wholesale market value of $1,500 25 00 134 CHAPTER 10 of wholesale market value of $500 $10 00 16. Fuel oil, storage and use of 5 bbls. to 50 bbls 5 00 over 50 bbls. to 100 bbls 10 00 over 100 bbls 25 00 17. Garage, to maintain and operate: private, for storage of not more than 3 motor vehicles within fire limits 5 00 each additional motor vehicle 2 00 for storage of not more than 3 motor vehicles outside fire limits 2 00 each additional motor vehicle 2 00 public, one gasoline storage tank 25 00 each additional gasoline storage tank 10 00 no gasoline storage tanks 15 00 The unit capacity of storage tanks for purpose of fee shall be 275 gallons or major portion thereof. 18. Gas fixtures, manufacturers of, when applications do quer, 10 gals, turpentine 2 00 19. Gases: to generate and compress acetylene and other combus- tible gases, including storage of necessary carbide 50 00 same, pressure not to exceed 15 lbs. to sq. in 5 00 to generate and compress non-combustible 25 00 to store, and sell gases compressed to a pressure ex- ceeding 15 lbs. to the square inch in quantities greater than those specified in § 21 1, subdivision 1 . . 10 00 to store and use in quantities greater than those specified in § 211, subdivision 1 5 00 to store tanks or cylinders of acetylene, not exceed- ing 2,500 cu. ft 5 00 to use oxygen in blow-pipe with combustible gas 5 00 20. Hydro-carbon and other coal-tar products: to distill, handle and transj)ort 100 00 21. Inflammable mixtures: to manufacture 50 00 except where no volatile inflammable oil or inflam- mable coal-tar product is stored on the premises. . . 10 00 to store, sell or use in excess of 250 gals 10 00 from 50 to 250 gals 5 00 for quantities not exceeding 50 gals 2 00 22. Inflammable motion picture films, to store: 5 reels, 5,000 feet, to 10 reels, 10,000 feet 10 00 10 reels, 10,000 feet, to 30 reels, 30,000 feet 25 00 30 reels, 30,000 feet to 100 reels, 100,000 feet 50 00 100 reels, 100,000 feet, to 150 reels, 150,000 feet 75 00 150 reels, 150,000 feet, and over 100 00 to conduct motion picture studio separate from a manufacturing and developing plant 25 00 to print and develop 100 00 EXPLOSIN ES AND HAZARDOUS TRADES 136 23. Kerosene and other illuminating oils, to store and sell in quantities not exceeding 275 gals $10 00 24. Liquors, spirits or alcohols, to manufacture, distill, rectify or store 10 00 25. Machine oils, lubricating and other heavy oils, to store and sell, over 5 bbls 10 00 26. Matches: to manufacture 25 00 to store and sell, less than 500 matchman’s gross .... 5 00 less than 5,000 matchman^s gross. . . 10 00 more than 5,000 matchman’s gross . . 50 00 27. Motor-vehicle repair-shop, to maintain and operate .... 10 00 for storing volatile inflammable oils for each tank of 275 gals, or less an additional fee of 15 00 28. Nickel plating establishment, when applications do not exceed 5 carboys of nitric acid, 5 carboys of oil of vitriol, 5 carboys of ammonia, 5 carboys of muriatic acid 2 00 29. Nitro-cellulose products: to store and use in manufacture, 100 lbs. or more 50 00 less than 100 lbs 10 00 to collect, transport or store scraps of 5 00 30. Oils and fats, to store 10 00 31. Paints, varnishes or lacquers: to manufacture, mix or compound, generally 50 00 paints only 25 00 to store and sell, 500 gals, or more 25 00 100 to 500 gals 10 00 less than 100 gals 2 00 to store and use, 500 gals, or more 10 00 100 to 500 gals 5 00 20 to 100 gals 2 00 32. Petroleum, to refine and distill 300 00 33. Petroleum, shale oil and the liquid products thereof and of coal tar: to storage in a storage plant : volatile inflammable oils in quantities not exceeding 1,650 gallons, or other oils not exceeding 3,300 gallons 25 00 other oils, 3,300 gallons to 10,000 gallons, an addi- tional fee of 10 00 volatile inflammable oils or other oils in excess of above amounts 100 00 to store and sell, not over 550 gallons 20 00 at retail, not over 100 gals 10 00 to use for construction work on streets or buildings under construction 2 00 34. Photo-engravers, when applications do not exceed 15 carboys of nitric acid, 5 carboys acetic acid, 2 bbls. wood alcohol, 10 gals, of turpentine, 15 gals, ether, 5 gals, benzole, 5 gals, benzine, 15 gals, collodion, 15 130 CHAPTER 10 carboys muriatic acid, 10 gals, high proof spirits, 2 gals, rubber cement, 2 pounds soluble cotton S5 00 35. Refrigerating plants: Capacity of 10 tons or less 5 00 Capacity of 10 tons to 50 tons 10 00 Capacity of over 50 tons 20 00 Except as above provided, fees for permits shall be fixed by the fire commissioner. 36. Rubber cement {14 gal. benzine to be permitted to be stored as a solvent) not to exceed 5 gals 1 00 37. Technical establishment, to operate and maintain 25 00 38. Volatile inflammable oils: to store and sell to motor boats, not over 10,000 gals . . 25 00 in approved buried system, used to fill fuel tanks of motor vehicles owned by the owner of such system which are stored on other premises ' 10 00 to store and use, not more than 10 gals 2 00 more than 10 gals, and less than 55 gals 5 00 to store and use in dry-cleaning or dry-dyeing plant: 275 gals, or over 50 00 70 to 275 gals 20 00 not exceeding 70 gals 10 00 Article 4- — Manufacture^ Storage, Sale^ Transportation and Use of Explosives. Section 60. Manufacture prohibited. No person shall manufac- ture electric fuses, safety fuses, blasting caps or explosives in the city. (Amend May 25, 1915.) § 61. Storage, sale, transportation, use or possession of explosives, generallv. 1. p. 172. 2. Gun-cotton and soluble cotton. No person shall transport, store or sell any gun-cotton or soluble cotton, except in water-tight metal vessels containing no more than 10 pounds dry weight, and at least 20 per cent, of water. (Amend. May 25, 1915.) 3. Nitro-glycerine. 1. No person shall transport, store, keep, sell, deliver, use or have in his possession any liquid nitro-g’ycerine, nor shall any person store, transport or use between November 1st and March 15th any explosive which will freeze or deteriorate at a temperature higher than 10 degrees above zero F.; provided, that permits may be issued for the transportation and sale of nitro- glycerine in the form of tablets, pills or granules, in quantities not exceeding 10,000 pieces, containing no more than one-fiftieth of a grain each. No explosives containing nitro-glycerine, and not intended for use within the City, shall be stored or kept therein or landed at or upon any dock, pier or bulkhead thereof, except as prescribed by the Fire Commissioner. (Amend. May 25, 1915.) § 62, p. 172. § 63. Magazines. 1-2, p. 173. 3. Posting permit. The permit issued for any magazine shall at EXPLOSIVES AND HAZAKDOUS TRADES 137 all times be kept in the magazine and readily accessible for inspec- tion. (Amend. May 25, 1915.) 4. p. 173. 5. Construction. All magazines, and the barricades surrounding them when required shall be constructed in accordance with plans and specifications prescribed therefor by the Fire Commissioner. (Amend. May 25, 1915.) 6. Danger area. A danger area shall be maintained around each magazine in proportion to the quantity of explosives contained therein. The magazine keeper shall maintain such area clean and free from rubbish, dead grass, shrubbery and other obstructions, and prevent persons from loitering therein. (Amend. May 25, 1915.) 7. (Repealed, May 25, 1915.) 8. Magazine-keepers. No person holding a magazine permit shall store or keep explosives therein unless a person holding a certificate of fitness as a magazine keeper be continuously in charge thereof; provided, that a person holding a certificate of fitness as a blaster may also act as a magazine keeper for a magazine of the 5th class under a special permit of the Fire Commissioner. He shall keep an accurate daily record of all explosives received at or delivered from the magazine under his charge, which shall show in detail how the explosives have been used or otherwise disposed of, and shall at all times be open to inspection by any inspector or member of the fire department. He shall first deliver from the magazine such ex- plosives as have been longest therein. All magazines shall be kept locked, except when being inspected or when explosives are being placed therein or removed therefrom; and the magazine keeper shall at all times have the key thereof in his possession. He must care for and protect the magazine and its contents from interference by unauthorized persons, and he must be constantly on the lookout for signs which would indicate leakage of nitro-glycerine from ex- plosives under his charge, and all explosives in such condition must be the next used. A magazine keeper shall not be required to per- form any duty that will in any way interfere with his duties as set forth in this article. (Amend. May 25, 1915.) 9. Management. A magazine shall at all times be kept clean and dry and free from grit; and before any repairs or alterations are made to any part thereof all explosives shall be carefully removed to a place of safety and the magazine thoroughly washed out. In case a magazine floor becomes stained with nitro-glycerine it shall be well scrubbed with a stiff broom, hard brush or mop, using a solution of one-half gallon of wood alcohol and two pounds of sulphide of sodium so as to thoroughly decompose the nitro-glycerine. All tools used in making such repairs or alterations shall be of wood, or of copper, brass or other soft metal or material. In no case shall nails or screws be driven into a magazine in making repairs or altera- tions, nor into any material that has once formed a part thereof; and all wooden structural parts of a magazine, if discarded, shall be immediately burned at a safe distance therefrom. No person shall store, place or keep any clothing, cotton waste or other article or thing in a magazine containing explosives, except a wooden mallet and a wooden wedge for the purpose of opening boxes of explosives. 138 CHAPTER 10 which shall be opened only with such implements. Magazine keepers and all other persons handling, storing or transporting ex- plosives are prohibited from carrying matches or permitting matches to be brought to or near the place where explosives are handled, stored or transported. (Amend. May 25, 1915.) 10. p. 174. 11. (Repealed May 25, 1915.) 12. Storage Restrictions. No person shall (a) Place, keep or store in a magazine explosives in excess of the amount stated in the permit therefor, except by special permission of the Fire Commissioner; (b) Place, keep or store black powder, blasting powder or smoke- less powder in a magazine containing any other explosive, or in a magazine containing blasting caps, detonators or electric fuses; (c) Place, keep or store in, or bring within 100 feet of a magazine of the 1st, 2d, 3d or 4th class containing explosives, black powder, blasting powder or smokeless powder, any blasting caps, capped cartridge, detonator or any other article or thing that is likely to cause an explosion by friction, shock, heat or otherwise, or place or store dynamite or any other high explosive in any magazine which has previously contained black or blasting powder, without first ob- taining the express permission of the Fire Commissioner. (d) Cap a cartridge within a radius of 100 feet of a magazine (except magazines of the fifth class), nor cap more cartridges than necessary for immediate use. (Amend. May 25, 1915.) § 64. Delivery by vehicle. 1. Permit. No person shall carry or transport explosive through the streets except in a vehicle propelled by animal or electrical powder, constructed and equipped in conformity with specifications approved by the Fire Commissioner, for which a permit shall have been issued. (Amend. May 25, 1915.) 2. (Repealed, May 25, 1915.) 3. Drivers. Each such vehicle shall be continuously in charge of two competent persons, each holding a certificate of fitness as a handler, of explosives, and no other person shall be allow’ed in or upon such vehicle. No person in charge of a vehicle containing ex- plosives shall smoke in or upon such vehicle; nor drive, load or unload the vehicle while intoxicated, or in a careless or reckless manner. (Amend. May 25, 1915.) 4-9, p. 175. 10. Route. No vehicle containing explosives shall be driven, for more than one city block, along any street in the city over w^hich there is an elevated railroad or under which there is a tunnel or subway for the transportation of passengers or freight, nor through a crowded street. Each vehicle shall be propelled by animal or electric power, amply sufficient to haul the load, and no unnecessary stops shall be made in transit. All vehicles containing explosives, proceeding in the same direction, shall maintain a distance between them of one city block. No explosives shall be transported over or upon any bridge connecting the borough of Brooklyn or the Borough of Queens with the Borough of Manhattan. (Amend. May 25, 1915.) §65. Vessels carrying explosives. EXPLOSIVES AND HAZARDOUS TRADES 139 1. Generally. The commander, owner or owners of any vessel arriving in the port of New York, carrying explosives or explosive material in excess of the amount required for the ship^s own use for signalling and life saving purposes shall, before approaching nearer than 1,000 feet to any pier line of the City, obtain a permit therefor from the Fire Commissioner. The retention for more than 48 hours on board of any ship lying at a dock, pier or bulkhead within the city of any explosives, or explosive material in excess of the amount required for the ship^s own use for signalling or life saving purposes, is prohibited. (Amend. May 25, 1915.) 2-3, p. 176. 4. Landing. No person shall land or place explosives upon a dock, pier, bulkhead or other landing place. Explosives intended for use within the city shall be transferred from the vessel making the delivery directly to a vehicle for transporting explosives, at the docks or piers designated by the Fire Commissioner, for w^hich a permit has been issued under section 63 of this chapter. Explosives intended for shipment to points outside the city may be transferred from a vessel directly to another vessel lying at a city dock or pier, designated by the Fire Commissioner, provided the amount so trans- ferred does not exceed 2,500 pounds. All such shipments in excess of 2,500 pounds and not exceeding 5,000 pounds must be transferred from vessel to vessel at a distance of not less than 1,000 feet from any city pier line. (Amend. May 25, 1915.) 5, p. 176. § 66. Report of deliveries. No holder of a permit under section 63 or section 64 of this chapter shall deliver explosives to any person, firm or corporation not holding a permit from the Fire Commis- sioner. Each holder of such a permit shall file with the Commis- sioner, before 10 A. M. of each business day, a written statement, under oath, of all deliveries of explosives made by him on the pre- ceding day, which shall contain the following information : (a) Name and address of person to whom delivered; (b) Date of delivery; (c) Location of magazine where delivered; (d) Name of person having charge of the magazine at which delivery was made; (e) Number of pounds, name or brand, and character of explosives delivered at each magazine. (Amend. May 25, 1915.) § 67. Blasting caps. 1. p. 177. 2. Storage. No person shall bring into, transport, store, sell or deliver within the city any blasting caps, except when packed in tin boxes containing not more than 100 caps each. No holder of a permit for the storage and use of explosives issued in conformity with this chapter shall be allowed to store or keep more than 1,000 blasting caps without a permit therefor; and blasting caps in what- ever quantity shall be kept in a separate magazine at least 100 feet distant from an}' magazine containing explosives. (Amend. May 25, 1915.) 3. Delivery Wagons. No person shall transport or carry through the streets any electric blasting caps in excess of 5,000, nor shall the 140 CHAPTER 10 same be carried in any other than a duly authorized vehicle, which shall comply with all the requirements governing vehicles for the transportation of explosives. No person shall place or carry or cause to be placed or carried, in or upon any vehicle containing electric fuses or blasting caps, any other explosive. (Amend. May 25, 1915.) 4. Magazines. All magazines for which permits are issued for the storage of blasting caps shall be deemed to be magazines of the first class, and shall comply with all requirements governing maga- zines of that class. Such magazines shall not be permitted to con- tain more than 20,000 blasting caps and each such magazine shall be continuously under the care of a person holding a certificate of fitness as a magazine keeper. (Amend. May 25, 1915.) 5. Packing. No person shall bring into, store, sell or transport within the city electric blasting caps except in cartons containing not more than 50 each; and when packed in shipping cases such cases shall contain not more than 500 caps. No person shall sell and deliver for use any electric fuses, except in original and unbroken cartons containing not more than 50 fuses each. (Amend. May 25, 1915.) 6. p. 177. § 68. Black powder, blasting powder, or smokeless powder. 1. Permit. No person shall transport, store or sell any black powder, blasting powder or smokeless powder without a permit. (Amend. Mav 25, 1915.) 2-6, p. 178. § 69. Use; blasting. 1. p. 178. 2. Covering blasts. Immediately after loading and tamping the hole, and before firing the blast, the rock to be blasted shall be covered on all exposed sides with a strong woven matting of rope or wire at least IJ^ inches in diameter, and at least 12 timbers, each 10 feet long and 10 inches in smallest diameter, held securely together by chains or by iron or steel cables at least % of an inch in diameter. After the rock has been thus covered, the blast shall be fired without unnecessary delay. The inspector of blasting shall have authority to prescribe the amount and manner of application of the protective covering to be placed over blasts situated on the perpendicular or diagonal side of a rock, and over blasts for ditch-work, block-holes, man-holes, pole-holes, electric wire subways, sewer and gas connec- tions, gas and water-mains. The provisions of this subdivision shall not apply to blasting operations in a tunnel or subway when the blast is situated more than 100 feet from the mouth or opening to the tunnel and at least 10 feet below the outer surface of the rock. (Amend. May 25, 1915.) 3. Firing. " No persons shall explode a blasting charge by means of time, slow-burning or safety fuse, nor by any means other than some form of electrical apparatus. At least 3 minutes before firing a blast the blaster shall give warning thereof by causing a competent man, carrying a red flag, to be stationed at reasonable distance from the blast at each avenue of approach or point of danger. In tunnel or subway work, the blaster himself shall be the last man to leave the EXPLOSIVES AND HAZARDOUS TRADES 141 job after the loading is completed and the wires arc connected, and the blaster only shall be permitted to throw in the electric switch to fire the blast. After the shot, the blasting wires shall be immediately disconnected from the switch, and the blaster, when returning to see the effect of the shot, shall also disconnect the lead wires at least 200 feet from the face of the tunnel, and shall restore such connec- tions only when all the men have left the face of the tunnel after loading. A firing box or electric switch shall be placed on the firing line side of the tunnel, and shall always be kept locked except when pulling the switch. The connection between this box and the lines leading to the firing and electric light circuits shall be broken after each shot, and it shall be the duty of the certified blaster to see that this is done. The connection with lines used for lighting shall not be permanent, but before each shot the lead wires shall be carried across the tunnel from the shooting line to the electric light circuit. When a heading is to be fired only the cut holes and lifting holes are allowed to be loaded. The cut holes must be fired first. No heading is allowed to be fully loaded and fired at the same time. In open work the blaster may direct an assistant to puU the battery when he is assured that all proper preparations have been made and pre- cautions taken for firing the blast. If an electric circuit is used for firing, the lead wires must be placed on the opposite side of the excavation from the wires used for lighting, and both lines of wire must be properly insulated. All electric apparatus of whatever nature used in blasting opera- tions shall be kept locked and under the direct personal charge of the blaster. Where two or more blasters are employed on the same job, each blaster shall sign with the magazine keeper for the amount of ex- plosives removed, and the time when taken, and shall be responsible both for all the explosives used by him and for the prompt return to the magazine of any explosives not immediately used on the job. (Amend. May 25, 1915.) 4-5, p. 179. 6. Tamping. Blasting charges shall be tamped only by means of wooden tamping rods, and explosives shall be pressed or set into place by steady, even pressure only. All strokes or blows with the tamping rods are forbidden, and no tamping rod shall be used which is frayed or split at the end. (Amend. May 25, 1915.) 7. Unexploded charge. Immediately after firing the blast, the blaster shall cause all debris to be removed, and shall thoroughly examine the rock and the drill holes to ascertain whether there re- mains any unexploded charge, and until this is done no drills shall be set up. In case a charge should fail to explode, and the direction of its bore hole can be positively determined, the old charge may be exploded by drilling a single hole at least twelve inches distant from and parallel with it, which latter hole shall then be loaded and fired in the manner prescribed for any other bore hole. In case the direction of the bore hole cannot be positively determined, then, by order of and under the direct supervision of the superintendent or walking boss only, the tamping may be cautiously removed by a licensed blaster down to a point near the explosive, by the use of a 142 CHAPTER 10 metal scraper or an air blowpipe, after which the partially emptied hole shall be loaded with a small starting charge, and detonated in the usual manner. While this work is being done all persons except the licensed blaster or the superintendent or walking boss, shall retire to a safe distance. In no case shall a charge which has failed to ex- plode be drawn or otherwise removed from the blasting hole without the express permission of the fire commissioner. In case a blast shall fail to carry away the entire drill hole, and leaves the lower part intact, no further drilling shall be done in that hole. (Amend. May 25, 1915.) 8. Blasters^ helpers. No person shall load holes in blasting opera- tions except a person holding a certificate of fitness, provided, how- ever, that while holes are being actually loaded, drillers and drill- helpers mav act as blasters’ helpers under the direct supervision and responsibility of the blaster. (New Ord. May 25, 1915.) 9. Small blasting jobs. A contractor for a small blasting job who holds a certificate of fitness as a blaster and has filed a bond in the penal sum of $5,000, conditioned as required in section 58, may, upon receiving the expressed permission of the fire commissioner, obtain a sufficient quantity of explosives for the blast (in no case ex- ceeding five pounds) from a magazine not more than 1,500 feet from his job, and ma - carry them to such job in a manner satisfactory to the Fire Commissioner, and may load and shoot the holes as pro- vided by these regulations. All explosives not used in the blast shall be immediatelv returned to the magazine from which obtained. (New Ord. Ma> 25, 1915.) Article 5. — Ammunition. Section 80, p. 179. § 81. Storage and sale. 1. Permit. No person shall store, sell, or offer for sale any am- munition in excess of 200 small arms cartridges, without a permit. (Amend. May 25, 1915.) 2-3, p. 180. 4. Restrictions. No permit for the storage and sale of ammunition in excess of 200 small arms cartridges shall be issued for any prem- ises— (ay Which are occupied as a tenement house, school, theatre or other place of public amusement or assembly, excepting armories of the National Guard; (b) Which are used as a drug store, paint store, pawn shop or stationery store; (c) Where cigars, cigarettes or tobaccos are stored or kept for sale; (d) Where liquors are sold; (e) Where other materials of a highly inflammable nature are manufactured, stored or kept for sale, but this restriction shall not apply to a person duly authorized to keep and sell gun-powder; (f) Where fireworks are manufactured, stored or sold. (Amend. Mav 25, 1915.) 5^6, p. 180. EXPLOSIVES AND HAZARDOUS TRADES 143 Article 7. — Matches. Sections 100-101, p. 185. § 102. Approved matches. 1. Certificate of approval. No person shall transport, store or sell any matches for which a certificate of approval shall not have been issued. The applicant for such certificate shall deposit with the fire commissioner a sample of the matches for which approval is requested, packed in the labeled boxes or containers in which such matches are to be sold, and no such application shall include more than one kind or type of match, but several brands or names of the same kind or type of match may be included and a single certificate of approval therefor be issued. (Amend. May 25, 1915.) 2. p. 185. 3. Mark. No person shall store, transport or sell matches unless the box or container in which they are packed bears plainly marked on the outside thereof the name of the manufacturer, or in the case of matches of foreign manufacture, the name of the importer or agent, and in every case a distinctive brand or mark or name. No person shall place in a box or container marked as prescribed in this subdivision, any matches for which a certificate of approval shall not have been issued. (Amend. May 25, 1915.) 4. p. 185. 5. (Repealed May 25, 1915.) Article 8. — Mineral Oils. Section 110. Refining, distilling or manufacturing. Except as otherwise provided, no person shall manufacture, refine or distill petroleum, shale oil or coal tar, or the liquid products thereof, or store, transport or use any of the foregoing without a permit; but no permit shall hereafter be issued for the erection and operation of any new plant of a similar character, except that hydro-carbon ma- terials collected from oil separators may be distilled or refined under a special permit. (Amend. July 16, 1915.) § 111. Subd. 1-4, p. 186. 5. Tanks. All storage tanks comprising or forming a part of an oil storage plant shall be buried so that the tops thereof shall be at least two feet below the grade level. In localities where physical conditions make it impracticable to place tanks underground, the fire commissioner may authorize the tanks of an oil storage plant to be placed above ground. In such cases the maximum capacity of each tank above ground containing volatile inflammable oil shall be fixed by the following schedule, viz.: If distant 25 feet from line of adjoining property which may be built upon 8,000 gals. If distant 30 feet . 12,000 gals. If distant 40 feet 18,000 gals. If distant 50 feet 24,000 gals. If distant GO feet 30,000 gals. If distant 75 feet 48,000 gals. If distant 85 feet 75,000 gals. If distant 100 feet 100,000 gals. 144 CHAPTER 10 At storage plants where the tanks are above ground the maximum capacity of each tank containing kerosene or fuel oil may be deter- mined by doubling the above capacities, but in no case shall any tank have a capacity greater than 100,000 gallons. At all storage plants all tanks above ground, including those containing volatile inflam- mable oil, the filling tanks, if any, and also tanks containing kerosene, shall be surrounded by a wall of concrete, forming an enclosure cap- able of holding the entire contents of the group of tanks enclosed therein should any tank become disrupted. The total capacity of any such group shall not exceed 250,000 gallons. To facilitate the filling, at oil storage plants of steel barrels or drums, with volatile inflammable oils, and kerosene, or to fill horse-drawn tank wagons as conditionally allowed in this chapter, there may be installed as part of a storage plant not more than 3 filling tanks, each of a capacity of not more than 4,200 gallons, elevated on brick, concrete or steel piers, to contain naphtha, gasoline and kerosene, respectively; and all oils remaining in the filling tanks at the end of each day shall be at once returned to the storage tanks proper. The buried tanks of an oil storage system shall be separated from each other by not less than one foot of solid concrete, well tamped into place. All tanks of an oil storage system shall be so connected with each other by a system of underground pipes that the contents of each tank can be transferred to any other tank at will, and all other details of the installation shall be as directed by the fire commissioner in each particular case. At all storage plants each tank, including the filling tank, if any, shall be equipped with a fire extinguishing system satis- factory to the fire commissioner. Each oil storage system shall have a direct telegraphic communication with fire headquarters. All tanks, as to thickness and quality of material, hydrostatic pressure test, foundations, connections, fire protection and extinguishing system and all other details of installation must be according to plans first approved by the fire commissioner. No tank forming part of a buried oil storage system shall be covered from sight until after an ■ inspection has been made by the fire department and written approval has been given; which approval shall be given without charge, provided all the regulations have been complied with. (Amend. July 16, 1915.) 6. Repealed. Ord. July 16, 1915. 7. p. 187. ■ 8. Supervision. A plant for the storage, manufacture, refining or distilling of petroleum, shale oil or coal tar or any liquid product thereof, shall be continuously under the care and supervision of one or more persons each holding a certificate of fitness as manager or superintendent thereof. The number of persons required to hold such certificates shall be determined by the fire commissioner and stated in the permit, but in no case shall there be required more than three. (Amend. July 16, 1915.) § 112. Limited storage. 1. Permit. Permits may be issued for the storage of petroleum and shale oil, and the liquid products thereof, and of coal tar, in a manner satisfactory to the fire commissioner, in buildings or premises other than storage plants, in quantities not to exceed the following: EXPL081VE8 AND HAZARDOUS TRADES 145 (a) Volatile inflammable oils — 550 gallons. (b) Other oils that do not emit an inflammable vapor at a tem- perature below 100 degrees F. when tested in a Tagliabue open cup tester — 1,100 gallons. 2. Restrictions. No permit shall be issued for the storage or sale of volatile inflammable oil in any building: (a) Which is occupied as a tenement house, dwelling, school or place of public amusement or assembly; (b) Where explosives are stored or kept for sale or use; (c) Where dry goods or other material of a highly inflammable nature are manufactured, stored or kept for sale; (d) Where the portion of the building occupied or used for the storage of volatile inflammable oil is lighted by any means other than electricity; (e) Upon any floor above the ground floor of a building, except in an approved safety can in quantities of five gallons or less and for use only. (Amend. July 16, 1915.) § 113. Transportation and delivery. 1. Permit. Except as otherwise provided in this chapter, no person shall transport, store, sell, deliver or use within the city any petroleum or shale oil, or the liquid products of either, or of coal tar, without a permit. (Amend. July 16, 1915.) 2, p. 188. § 114. Volatile inflammable oils. Subd. 1, p. 188. 2. Retail sales. No person shall sell or deliver volatile inflam- mable oil in quantities exceeding 1 gallon unless the i)urchaser thereof hold a permit for the transportation, storage, sale or use of said oil; provided, that nothing contained in this chapter shall be construed as requiring a permit for the storage of volatile inflam- mable oil in the tanks of motor vehicles, motor tricycles, motor cycles, motor boats, airships, aeroplanes, or other similar craft or vehicles, for use as fuel for generating m^otive power; and provided further that no permit shall be required for the transportation, storage or use of volatile inflammable oil in quantities not exceeding 1 gallon. (Amend. July 16, 1915.) 3. p. 188. 4. Transportation. Except as otherwise provided in this section, volatile inflammable oil may be transported only in the following containers : a. Cans of a capacity not to exceed 5 gallons each, having plainly marked thereon the words ^‘DANGEROUS— KEEP FROM FLAME,’^ and being equipped with a metal seal, so arranged that there shall be no outlet for the oil unless the seal is broken; b. Glass bottles of a capacitv not exceeding 4 ounces each, labeled DANGEROUS — Keep from Flame; c. Steel barrels or drums of a capacity not exceeding 55 gals, each, having plainly marked thereon the word DANGEROUS. (d) Volatile inflammable oil drawn from an approved storage sys- tem on the premises, and intended for further manufacture or use, may be transported for such use in approved safety cans of a ca- pacity not greater than five gallons. (Amend. July 16, 1915.) 10 CHAPTEH 10 14 () 5. Use and storage. Printers, lithographers and similar users of volatile inflammable oil shall be required to keep their supply of such oil in approved safety cans or buried storage tanks. Limited permits may be issued by the fire commissioner for periods of less than one year, authorizing the storage and use of volatile in- flammable oil, kerosene or fuel oil in streets, sidewalks, avenues and highways, or in a building under construction, when needed in con- nection with authorized building operations or street improvements, when such material is enclosed in an approved metal container, and, if in quantities greater than ten gallons is surrounded by an enclosure satisfactory to the fire commissioner, constructed of corrugated iron or other fire retarding materials, the same to be kept securely locked when not in actual use. (New Ord. July 16, 1915.) § 115. Illuminating oils. 1. p. 189. 2. Empty barrels. All barrels, cans and other containers of liquid products of petroleum, coal tar or shale oil shall be removed from all premises other than storage plants within twenty-four hours after being emptied. (Amend. July 16, 1915.) 3. Test. No person shall sell or offer for sale any kerosene or other illuminating oil which will emit an inflammable vapor at a tempera- ture lower than 100 degrees F. when tested in a Tagliabue open cup tester. (Amend. July 10, 1915.) § 116. Lubricating oils, p. 189. § 117. Fire prevention, p. 189. Article 9. — Injlammdble Mixtures, Section 130, p. 189. § 131. Manufacture. 1-3, p. 189. 4. Deliveries. All deliveries of volatile inflammable oils to a building used for the manufacture of inflammable mixtures shall be made directly to the storage tank through the filling pipe b}^ means of a hose coupled to the barrel containing the oil and con- nected to the intake as provided for in these regulations; no barrel containing volatile inflammable oil shall be taken off the wagon delivering such oil; no wagon or other vehicle engaged in the delivery of volatile inflammable oil shall be admitted to or taken within a building or any portion thereof, and no person shall deliver or re- ceive within a building any volatile inflammable oil in a barrel or other similar receptacle, nor keep or store in a building any barrel or other similar rece{)tacle from which volatile inflammable oil has been drawn. (Amend. May 25, 1915.) 5. p. 190. 6. Filling pipe. The filling pipe shall be at least 2 inches in diam- eter and shall be laid at a descending grade from the sidewalk in front of the building to the tank. The intake of a filling pipe shall be located in a heavy metal box, which shall be sunk flush with the sidewalk at the curb level or at some other location offering equal facilities for the filling of the tank from a barrel wagon and fitted with a heavy metal cover, and shall be kept locked when not in use. The filling pipe shall be closed at the intake by a cock or valve fitted EXPLOSIVES AND HAZAKDOUS TRADES 147 with a coupling for attaching to the hose of a barrel wagon, and with a screw cap to close the opening when not in use. The filling pij)e shall be provided with a screen made of 2 thicknesses of 20- mesh brass wire gauze placed immediately below the filling cock or valve. (Amend. May 25, 1915.) 7. Lighting. No system of artificial lighting other than in- candescent electric lights shall be installed in any premises used for the manufacture of inflamm.able mixtures unless of a type for which a certificate of approval shall have been issued. All incandescent electric lights shall be fitted with keyless sockets and all electric switches and plugs shall be placed at least 4 feet above the floor. (Amend. May 25, 1915.) 8-11, p.^ 190. 12. Supervision. All premises used for the manufacture of in- flammable mixtures shall be under the care and supervision of one or more persons, each holding a certificate of fitness as superin- tendent or manager thereof. The number of persons required to hold such certificates shall be determined by the fire commissioner and stated in the permit but in no case shall there be required mora than three. (Amend. May 25, 1915.) 13. Tanks. Each tank used for the storage of volatile inflammable oil shall be: a. Constructed of steel at least one-quarter of an inch in thickness, shall have a capacity of not more than 1,500 gallons, and shall, under test, stand a hydrostatic pressure of at least 100 pounds to the square inch. b. Coated on the outside with tar or other rust resisting material, shall be set on a solid foundation, and shall be imbedded in and surrounded by at least 12 inches of Portland cement concrete, com- posed of 2 parts of cement, 3 parts of sand and 5 parts of stone. c. 8o set that the top or highest point thereof shall be at least 2 feet below the level of the lowest cellar floor of any building within a radius of 10 feet from the tank, and no tank for the storage of volatile inflammable oil shall be located under the sidewalk or be- yond the building line. d. No tank forming part of a buried oil storage system shall be covered from sight until after an inspection has been made by the fire department, and written approval has been given; wLich ap- proval shall be given without charge provided all the regulations have been Complied wdth. (Amend. May 25, 1915.) 14. Vent })ipe. The vent pipe shall be at least 1 inch in diameter, shall run from the tank to the outer air at least 10 feet above the roof of the building in which the plant is located and shall be at least 10 feet from the nearest window of any adjoining building, and well braced in position. It shall be capped with a double goose- neck, cowl or hood, and provided with a screen made of two thick- nesses of 20-mesh brass wire gauze, placed immediately below the goose-neck. (Amend. May, 1915.) 15. p. 191. 16. Fire prevention. No stove, forge, torch, or other device em- ploying flame or fire, nor any electric or other apoaratus which is likely to produce an exposed spark, shall be allowed in any building 148 CHAPTER 10 used for the manufacture of inflammable mixtures, unless it be placed in a room or compartment separated from the remainder of the building by a partition constructed of fire retarding material and provided with a self-closing fireproof door; provided, however, that electric motors may be of the fully enclosed type or provided with an approved type (fire department specifications) motor en- closure; the terminal blocks also shall be protected. No boiler or furnace shall be located in any such building unless separated from the remainder of the building by an unpierced fireproof wall, con- sisting of solid masonry or its equivalent, of at least 8 inches in thick- ness; provided, however, that where the construction of such un- pierced wall shall be impracticable, the fire commissioner may permit such openings in such wall as may be necessary, and prescribe such protection therefor as in his judgment the particular dase shall re- quire. Premises used for the manufacture of inflammable mixtures shall be equipped with fire buckets filled with sand and kept on each floor for use in extinguishing fire. The number of buckets and the quantity of sand to be kept shall be determined by the commissioner and stated in the permit. (Amend. May 25, 1915.) 17. Containers or devices. Proper containers or devices to pre- vent or extinguish fire may be prescribed by the fire commissioner, who may issue certificates of approval for such devices. (New Ord. May 25, 1915.) Article 11. — Garages. Section 150. Permit. 151. Garages having tanks for storing volatile inflammable oil. 152. Construction. 153. Public garage. 154. Private garage. 155. Oil separators. 156. Storage system. 157. Supplying vehicles. 158. Lighting. 159. Fire-prevention. 160. Oil-selling stations. Section 150. (See p. 193.) § 151. Garages having tanks for storing volatile inflammable oil. No garage permit allowing the storage of volatile inflammable oil shall be issued for any building, shed or enclosure — (a) Which is occupied as a tenement house, hotel or lodging house ; (b) Where paints, varnishes or lacquers are manufactured or kept for sale; (c) Where dry goods or other highly inflammable materials are manufactured or kept for sale; (d) Where rosin, turpentine, hemp, cotton or any explosives are stored or kept for sale; (e) Which is situated within twenty feet of the nearest wall of a building occupied as a school, theatre or other place of public amuse- ment or assembly, provided, however, that renewals of permits may EXPLOSIVES AND HAZAliDOUS TRADES 149 be granted where the garage in (luestion was in operation prior to the opening of the school, theatre or other place of public amuse- ment or assembly, or has been in continuous operation under a per- mit issued therefor prior to May 1, 1915, and further provided that a permit may be issued for a garage hereafter erected within twenty feet of a building, the occupancy of which is enumerated in this subdivision, where the garage has no frontage on the same street with any frontage of such building, and the wall or walls of the garage adjacent thereto are constructed of brick, unpierced for a distance of at least twentv feet therefrom. (Amend. July 16, 1915.) § 152. Construction. 1. General Regulations. Except as herein- after provided in this section, all garages hereafter erected shall be of strictly fireproof construction as to all rooms and compartments, where motor vehicles with gasoline in their fuel tanks, are stored; and all garages heretofore erected shall have all walls, ceilings and floors covered with fire retarding material in all rooms and compart- ments where motor vehicles, with gasoline in their fuel tanks, are stored. 2. Non-fireproof roofs, doors and windows, where permitted. Garages not exceeding one story in height may have non-fireproof roofs and garages not exceeding two stories in height may likewise have non-fireproof roofs, provided the same are covered on the inside with approved fire retarding material in all cases where motor vehicles, with volatile inflammable oil in their fuel tanks, are stored or kept on the upper floor. Window openings and outside doors in such garages removed at least thirty feet from the nearest exposure, may be non-fireproof. 3. Non-fireproof construction, where permitted. Nothing in this section shall prohibit the erection or the granting of a permit for a garage of non-fireproof construction while the following conditions exist: (a) No volatile inflammable oil is stored except in the fuel tanks of the motor vehicles; (b) Fuel tanks of the motor vehicles stored, are not opened, filled or drawn from in the garage; (c) Not more than four motor vehicles are stored; (d) All motor vehicles stored are the property of the owner and not for sale, rent or hire. (e) The garage is situated at least fifteen feet from the nearest building, unless the nearest wall of such building or the wall of the garage nearest such building is of unpierced fireproof construction; the provisions of this sub-division, however, to apply only to garages, hereafter to be erected. 4. Converted buildings. The requirements herein stated for garages hereafter erected shall apply to buildings erected after May 1, 1915, for any purpose, and thereafter converted for use for garage purposes. (New. Ord. July 16, 1915.) § 153. (See p. 194.) § 154. Private garage. 1. In building otherwise occupied. A permit may be issued for a private garage in a building occupied as a dwelling by the applicant J50 CHAPTER 10 or his employee or by the applicant and one other tenant or by the applicant's employee and one other tenant, provided that not "more than two stories above the garage are occupied or used as living apart- ments, which apartments shall be separated from the garage by fire-retarding walls and floors, not pierced except by one opening, protected by a fire-proof self-closing door, and provided that there shall be an entrance to the living apartments direct from the street without passing through the garage; and provided further that all motor vehicles stored or kept in the garage shall be the property of the applicant or his immediate family. No certificate of fitness shall be required of the person having supervision of such garage. No public garage, however, shall be permitted in any building occupied for dwelling purposes. 2. (Repealed, Ord. July 16, 1915.) § 155, p. 194. §156. Storage system. 1. Tanks. No garage permit authorizing the storage of volatile inflammable oil shall be issued for any premises which are not equipped with an approved storage system of sufficient capacity for the proper storage of such oil, which shall be installed in the manner prescribed in subdivisions 5, 6, 9, 13 and 14 of Section 131 of Article 9 of this chapter; provided that each tank shall be embedded in and surrounded by at least 12 inches of Portland cement concrete, com- posed of two parts of cement, 3 parts of sand and 5 parts of stone, except that storage tanks installed in garages may have a capacity not exceeding 550 gallons each. 2. p. 195. 3. Approval of appliances. No storage tank, portable tank, oil separator, pump or other similar apparatus shall be installed in a garage unless it be of a type for which a certificate of approval shall have been issued by the fire commissioner. Proper containers or devices to prevent or extinguish fire may be prescribed by the fire commissioner, who may issue certificates of approval therefor. § 157. Supplying vehicles. 1. Method. No person shall deliver volatile inflammable oil from a storage tank to a motor vehicle, except by means of an approved portable tank or directly through the outlet of the drawing-off pipe by means of an authorized hose attachment. All lights on motor vehicles except electric lights shall be extinguished before volatile inflammable oil is delivered to fuel tanks. 2, p. 195. 3. Pumps; basement service. No pump or stationary outlet for delivery of volatile inflammable oil in a garage shall be allowed on any floor below the street level; and no person shall deliver any such oil to the tank of a motor vehicle while on a floor of the garage below the street level, unless such floor is provided with adequate natural ventilation. 4, p. 196. § 15S, p. 196. § 159. Fire prevention. 1. Exposed flame or spark. No stove, forge, torch or other de- vice employing flame or fire, nor any electric or other apparatus EXPLOSIVES AND HAZAKDOUS TRADES 151 which is likely to produce an exposed spark, except such electric apparatus as may be placed five feet or more above a floor of a garage, shall be allowed in any garage unless it be placed in a room or compartment which is separated from the garage b}^ a partition constructed of fire retarding material and provided with a sei- closing fireproof door; provided, however, that electric motors may be of the fully enclosed type or provided with an approved type ‘‘A/’ (fire department specifications) motor enclosure; the terminal blocks also shall be properly protected. No boiler or furnace shall be located in any garage unless separated from the remainder of the building by an unpierced fireproof wall, consisting of solid masonry of at least 8 inches in thickness or its equivalent; provided, however, that where the construction of such unpierced wall shall be im- practicable the fire commissioner may permit such openings in such wall as may be necessary, and prescribe such protection therefor as m his judgment the particular case shall require. 2, p. 196. 3. p. 196. 4; p. 196. § 160. Oil-selling stations. A permit may be issued by the fire commissioner for premises wherein the business of an oil-selling sta- tion is to be conducted and such business shall be covered by the regulations on the subject of public garages in so far as they are applicable thereto. (New. Ord. July 16, 1915.) Article 12. — Motor Vehicle Repair Shops. Section 170. Permit. 171. Restrictions. Section 170. Permit. No person shall maintain or operate a motor vehicle repair shop without a permit; provided that such a permit shall not be required of a person holding a garage permit for the same or adjoining premises. § 171. Restrictions. No person shall 1. Store or keep for sale in a motor vehicle repair shop any volatile inflammable oil or calcium carbide, except in the manner and sub- ject to the conditions prescribed by the fire commissioner; 2. Introduce or receive into such a repair shop any motor vehicle containing volatile inflammable oil, unless the building or that portion thereof in which the motor vehicle is introduced is con- structed of fire-retarding material. When such volatile inflammable oil is removed from the fuel tank of a motor vehicle within the repair shop, it shall ba emptied directly from fuel tank into an approved safety can, portable tank, or approved storage system, and when returned to the fuel tank it shall be so returned directly from such safety can, portable tank, or approved storage system. (Amend. May 25, 1915.) Article 13. — Dry-Cleaning and Dry-Dyeing Establishments. Sections 175-176, p. 197. § 177. Equipment. 1, p. 197. 2. Settling tank. At the close of each day all volatile inflammable 152 CHAPTER 10 oils remaining in the wash tank and extractors shall be transferred through continuous piping to an underground tank. Volatile in- flammable oils in a dry cleaning and dry dyeing establishment shall not be kept outside the dry cleaning room except in approved storage system, and shall not be transferred except by pumping directly from an approved storage system, (Amend. May 25, 1915.) 3. (Repealed, May 25, 1915.) 4. p. 197. 5. Asbestos cloths or blankets. Each room or compartment in which a washing tank is located shall be equipped with one or more asbestos cloths or blanlcets to smother fire, the number and size of which shall be prescribed by the fire commissioner. (New. Ord. May 25, 1915.) 6. Portable containers. All portable containers used to convey goods from washers to extractors shall be equipped with rubber tirecl rollers, wooden or fibre rollers or wooden bottoms. (New. Ord. May 25, 1915.) 7. Extractors. All extractors shall be constructed so that the gasoline extracted shall flow by gravity through the pipe into the settling tank of an approved storage system. (New. Ord. May 25, 1915.) 8. Drying tumblers. Drying tumblers shall not be permitted in rooms containing wash tanks, and shall be independently connected with the outer air in the manner prescribed for drying rooms. In no case shall they be heated above 150 degrees Fahr. (New. Ord. May 25, 1915.) 9. Containers or devices. Proper containers or devices to prevent or extinguish fire may be prescribed by the fire commissioner, who may issue certificates of approval for such devices. (New. Ord. May 25, 1915.) § 178. Operation. 1-2, p. 197. 3. Supervision. The operation of a diy cleaning or dry dyeing establishment shall be continuously under the care and supervision of a person holding a certificate of fitness as manager thereof. The number of persons required to hold such certificates shall be deter- mined by the fire commissioner and stated in the permit, but in no case shall there be required more than three. § 179. Fire prevention. 1-2, p. 198. 3. Artificial lighting. No system of artificial lighting other than incandescent electric lights shall be installed in any building used as a dry cleaning and dry dyeing establishment, unless it be of a type for which a certificate of approval shall have been issued. All incandescent lights shall be fitted with keyless sockets and all electric switches and plugs shall be placed at least 4 feet above the floor. All electric switches shall be placed outside the room containing wash tanks, and outside all drying rooms. 4. Exposed flame or spark. No stove, forge, torch or other device employing flame or fire, nor any electric or other apparatus which is likely to produce an exposed spark, shall be allowed in any building used as a dry cleaning or dry dyeing establishment, unless it be placed EXPLOSIVES AND HAZARDOUS TRADES 153 in a room or compartment separated from the remainder of the building by a partition constructed of fire retarding material and provided with a self-closing fireproof door; provided, however, that electric motors may be of the fully enclosed type or provided with an approved type ‘‘A” (fire department specifications) motor en- closure; the terminal blocks also shall be protected. No boiler or furnace shall be located in any such dry cleaning and dry dyeing establishment unless separated from the remainder of the building by an unpierced fireproof wall consisting of solid masonry, or its equivalent, of at least 8 inches in thickness; provided, however, that where the construction of such unpierced wall shall be impracticable, the fire commissioner may permit such openings in the wall as may be necessary, and prescribe such protection therefor as in his judg- ment the particular case shall require. 5. Carrying matches. No person shall carry matches into any room or compartment in which volatile inflammable oil is used or stored, and the person holding the certificate of fitness as the man- ager of the estab.ishment shall be responsible for the enforcement of this section. He shall also see that all clothing intended to be dry cleaned is searched and all matches removed therefrom, before being brought into the compartments where volatile inflammable oils are stored or used. Article Vf. {Repealed by Ord. effective May 25^ 1915.) Article 15. — Paints^ Varnishes and Lacquers. Section 200. Permit. 201. Restrictions. 202. Volatile inflammable oil. Sections 200-201, p. 199. § 202. Volatile inflammable oil. No permit shall be issued for the storage and sale of volatile inflammable oil in any paint shop, in a tenement house, nor for the storage of such oil in e.xcess of 20 gallons in any building occupied by two families, nor for the storage of such oil in excess of 55 gallons in any building occupied as a dwelling by one family. (Amend. May 25, 1915.) Article 16. — Calcium Carbide. Section 205, p. 199. § 206. Conditions. 1, p. 199. 2. Place. Calcium carbide in excess of 600 lbs. shall be stored in approved metal packages above ground in one-story buildings with- out cellar or basement and used exclusively for the storage of calcium carbide. Such buildings shall be constructed to be dry, waterproof and well ventilated and shall be located outside congested mer- cantile or manufacturing districts. If the storage building is of in- combustible construction it may adjoin other one-story buildings if separated therefrom by an unpierced fire wall; if the storage building be a detached structure and located less than 10 feet from such one- story buildings there shall be no openings in the adjacent sides of 154 CHAPTER 10 either buildings. If the carbide storage building is of combustible construction it must not be within 20 feet of other one-story or two- story buildings, nor within 30 feet of other buildings over two stories. (Amend. May 25, 1915.) 3, p. 200. § 207, p. 200. Article 17. — Gases Under Pressure. Section 210. Permit. 211. Compressing. 212. Acetylene. 213. Oxygen blow-pipes. Section 210. Permit. No person shall compress, generate, store, or sell any acetylene. Blaugas, Pintsch gas or other gases and mix- tures of gases or transport through a pipe from one locality to an- other any gas, unless otherwise herein provided for, at a pressure exceeding 6 pounds to the square inch, or atmospheric air to a pres- sure exceeding 100 pounds to the square inch, nor in quantities exceeding a total container capacity of 30 cubic feet, without a permit. (Amend. July 16, 1915.) § 211. Compressing. 1. Capacity. No person shall store for sale any gas compressed to a pressure greater than 6 pounds to the square inch without a permit, except the following: (a) Nitrous oxide or oxygen for use for medical or surgical pur- poses in quantities not exceeding a total container capacity of 5 cubic feet for both gases, and in containers none of which shall have a capacity exceeding 2.5 cubic feet; (b) Combustible gases under pressure exceeding 15 pounds per square inch, such as Blaugas and acetylene, in quantities not exceed- ing 500 cubic feet gas measure and in containers none of which shall have a capacity exceeding 2.5 cubic feet. (c) Non-cornbustible liquefied gases in quantities not exceeding a total container capacity of 1 cubic foot, and in containers none of which shall have a capacity exceeding 200 cubic inches. No person shall use or store for use within the city any gas com- pressed to a pressure greater than 6 pounds to the square inch, with- out a permit, except: (d) Non-combustible, non-liquefied gases, such as atmospheric air, oxygen, carbon dioxide, nitrous oxide, compressed to a pressure not exceeding 100 pounds to the square inch and in quantities not exceeding a total container capacity of 30 cubic feet; (e) Non-combustible, non-liquefied gases, such as atmospheric air, oxygen, nitrous oxide, nitrogen, compressed to a pressure not exceeding 300 pounds to the square inch and in quantities not ex- ceeding a total container capacity of 30 cubic feet, and in containers of which none shall have a capacity exceeding 6 cubic feet; (f) Non-combustible, non-liquefied gases, such as atmospheric air, oxygen or nitrogen, compressed to a pressure exceeding 300 pounds to the square inch and in quantities not exceeding a total container capacity of 20 cubic feet, and in containers none of which shall have a capacity exceeding 2.5 cubic feet; EXPLOSIVES AND HAZAKDOUS TRADES 155 (g) Combustible, non-liquefied, non-absorbed gases, such as hydrogen, illuminating gas, compressed to a pressure not exceeding 300 pounds to the square inch, and in quantities not exceeding a total container capacity of 30 cubic feet and in containers none of wtiich shall have a capacity exceeding 6 cubic feet; (h) Combustible, non-liquefied, non-absorbed gases, such as hydrogen, illuminating gas, compressed to a pressure exceeding 300 pounds to the square inch and in quantities not exceeding a total container capacity of 10 cubic feet, and in containers none of which shall have a capacity exceeding 2.5 cubic feet; (i) Soda water tanks containing carbonic acid under pressure not exceeding 150 pounds to the square inch, and in quantities not ex- ceeding a total container capacity of 20 cubic feet, and in containers none of which shall have a capacity exceeding 2 cubic feet; (j) Absorbed acetylene, under pressure not exceeding 250 pounds to the square inch, and in quantities not exceeding a total container capacity of 10 cubic feet, and in containers none of which shall have a capacity exceeding 2.5 cubic feet; ^ (k) Non-cpmbustible liquefied gases, except ammonia, such as nitrous oxide, carbonic acid, sulphur dioxide, chlorine, in quantities not exceeding a total container capacity of 12 cubic feet, and in containers none of w^hich shall have a capacity exceeding 1.5 cubic feet. Anhydrous liquid ammonia not exceeding a total container capacity of 12 cubic feet, and in containers none of which shall have a capacity exceeding 5.5 cubic feet, except as otherwise provided in these regulations. 1. Combustible, liquefied gases, such as Blaugas, in quantities not exceeding a total container capacity of 8 cubic feet, and in con- tainers none of which shall have a capacity exceeding 1.5 cubic feet. (Amend. July 16, 1915.) 2. Certificate of fitness. No gas shall be compressed or generated to a pressure greater than 15 pounds to the square inch, unless under the supervision of a person holding a certificate of fitness. (Amend. July 16, 1915.) 3. Construction. All tanks and cylinders used for the storage of gas under pressure shall be constructed of rolled, drawn or forged steel, and shall be either seamless, brazed, welded or riveted. Con- tainers now in use and purchased hereafter for storing or transport- ing compressed gases, must be subjected at least once in 5 years to a uniform interior pressure test, in which the test pressure must be as follows: For containers for liquid carbonic acid, liquid nitrous oxide, or Blaugas, 3,000 pounds to the square inch; For containers for liquid anhydrous ammonia, not less than 430 pounds to the square inch; For containers for liquid chlorine, not less than 400 pounds to the square inch; For containers for liquid sulphur dioxide, not less than 250 pounds to the square inch; For containers for compressed gases, not liquefied and not ab- sorbed, not less than twice the charging pressure at 70° F., unless such test pressure should exceed 600 pounds, in which case the test 156 CHAPTER 10 pressure shall be not leos than one and two-thirds times the charging pressure, and 70° F.; A cylinder must be condemned when it leaks, or when the per- manent expansion exceeds 10 per cent, of the total expansion. When the charging pressure is less than 300 pounds to the square inch, it will not be necessary to measure the permanent expansion in quinquennial pressure tests provided the cylinder in question has previously passed this test. All containers used for storage and transportation of compressed gases under more than 15 pounds pressure to the square inch, must be plainl}^ stamped with the date of the last test; for example, ^‘9-13^^ for September, 1913. Con- tainers that have not been tested and marked as prescribed herein must not be charged or transported until properly tested and marked. (Amend. July 16, 1915.) 4. Containers; certificate of approval. No person shall transport, store or sell any gas compressed to a pressure greater than 15 pounds to the square inch, except it be contained in a metal tank, cylinder or other metal container, or of a type approved by the fire commis- sioner or the interstate commerce commission. (Amend. July 16, 1915.) 5. Pressure gauge. Containers used for the storage of gas under pressure of more than 15 pounds to the square inch shall be provided with a pressure gauge, or with an opening to which such gauge may be attached, for determining the pressure of the gas in the container. After January 1st, 1916, no container exceeding 12 inches in length, containing liquefied gases, gases in solution or other gases under a pressure of more than 15 pounds per square inch at 70° F., except anhydrous ammonia, shall be filled within the city, except for immediate export; nor shall any such filled cylinder be brought into the city unless it be equipped with a safety device or fusible plug of a type approved by the fire commissioner or interstate commerce commission, to prevent the explosion of a normally charged cylinder when placed in a fire. (Amend. July 16, 1915.) 6. Stamped. Each container used for the storage or transporta- tion of gas under pressure shall have plainly and permanently marked thereon the name of the original purchaser or manufacturer, or a mark by which the ownership or responsibility for filling the con- tainer can easily be established, and each container shall be identified by a serial number. When containers are tested a complete record shall be kept thereof, and this record, or a certified copy thereof shall, upon reasonable notice and demand, be produced for the in- spection of the interstate commerce commission or the fire com- missioner. (Amend. July 16, 1915.) 7. (Repealed, Ord. July 16, 1915.) § 212. Acetylene. Subd. 1-7, p. 201. 8. Storage tanks. All tanks and cylinders used for the storage of acetylene under pressure having originally passed the required test, shall be exempt from the quinquennial test, but shall be designed and constructed to withstand a pressure of 1,200 pounds to the square inch without rupture, and to withstand a pressure of at least 550 pounds to the square inch without exhibiting strain beyond the EXPLOSIVES AND HAZARDOUS TRADES 157 point of usefulness. Each tank and cylinder used for the storage of acetylene under pressure shall be tested to withstand a pressure of 500 lbs. to the square inch; and no person shall generate, transport, store or sell acetylene in an apparatus, tank or other container in the construction of which unalloyed copper is used. No tank or cylinder containing acetylene in quantities aggregating more than 2,500 cubic feet shall be stored in any building except under a special permit. Acetylene contained in tanks or cylinders attached to ve- hicles and ready for use shall not be included in computing the quantity stored in any building. 9-11, p. 202. § 213, p. 202. Article 18 . — Refrigerating Plants. Section 216. Permits. 217. Refrigerating plants. 218. Pressure. 219. Lights. 220. Precautions. 221. Exemj)tions. Section 216. Permits. Except as hereinafter provided in this article, it s all be unlawful to operate within the city any plant producing refrigeration by means of gases under pressure in connec- tion with cold storage plants, brew’eries, ice manufacturies, hotels, restaurants or other places, without a permit. § 217. Refrigerating plants. 1. Construction. Each refrigerat- ing plant shall be equipped with an emergency pipe or pipes by which, in case of accident, the gas under pressure can be discharged by a valve which can be opened both inside and outside the refrigerating plant into water, or brought into contact with sufficient water to absorb and carry off all gases so discharged. At the discretion of the fire commissioner the emergency pipe or pipes may conduct the gases to a point at least 10 feet above the roofs of adjacent buildings into the open air. 2. Safety devices. All refrigerating machines shall be equipped with automatic safety devices, which discharges at 300 lbs. pressure to the square inch for ammonia, 1,400 lbs. pressure to the square inch for carbon dioxide, 100 lbs. pressure to the square inch for sulphur dioxide, and 100 lbs. pressure to the square inch for ethyl chloride into the emergency pipes required by the preceding section or Into the low pressure side. 3. Exits. In refrigerating plants built and erected after July 1, 1915, every room containing pipes carrying a refrigerating chemical under pressure exceeding 40 lbs. per square inch for ethyl chloride, 60 lbs. for sulphur dioxide, 100 lbs. for ammonia and 500 lbs. for carbon dioxide, and which by acciden'. may become filled with the gases generated by said chemicals, shall have an exit to the open air direct or by means of stairway or to a room or hall from which said gases can be excluded. Other refrigerating plants shall be pro- vided with such means of exit as the fire commissioner may pre- scribe. Rooms which contain only the liquid supply pipe to the 15S CHAPTER 10 refrigerator coils are not included within the meaning of this section. § 218. Pressure. The maximum pressure allowed in refrigerating machines shall not exceed 300 lbs. for ammonia, 1,400 lbs. for carbon dioxide, 100 lbs. for sulphur dioxide and 100 lbs. for eth^d chloride to the square inch. All pipes used for refrigerating purposes shall stand a hydrostatic test of at least double the maximum pressure per square inch specified in this section. All fittings must be guaranteed to stand a pressure of at least three times the maximum pressure per square inch specified in this chapter. § 219. Lights. No room containing refrigerating condensers or compressors of ammonia or ethyl chloride under pressure shall have in it any open flame, arc light or direct opening into the boiler room; but an internal combustion engine may be located therein, which may be started in the usual manner. There shall be a fire wall between such room and the boiler room, equipped with a self-closing door. § 220. Precautions. 1. Helmets or respirators. In such large refrigerating plants as may be designated by the fire commissioner there shall be kept, fit and available for use, suitable helmets or respirators which shall permit the wearer to reach, without suffoca- tion, any part of the refrigerating system. ^ 2. Pipes to be designated. In all refrigerating plants the pipes in the engine room shall have conspicuous signs displayed at proper places, designating in easily legible letters the name of the refrigerat- ing chemical contained therein. 3. Rules. In all refrigerating plants there shall be posted several copies of a brief set of rules satisfactory to the fire commissioner, di- recting all employees as to their duties in case of fire, or other emer- gencies. Employers shall be responsible for the proper drill of all employees in such emergency duties. 4. Supervision. No refrigerating machine of over three tons refrigerating capacity shall be operated unless under the charge of a person holding a certificate of fitness from the fire commissioner. § 221. Exemptions. 1. Surplus storage. Refrigerating plants may store a surplus stock of the refrigerating chemical of two cyl- inders or, if necessary, a quantity not to exceed ten per cent, of the charge of the plant. No cylinders containing gas under pressure shall be stored in the boiler room. 2. Refrigerating machines of less than three tons capacity. The fire commissioner may exempt from the provisions of this article refrigerating machines of less than three tons refrigerating capacity, provided a certificate of approval has been issued for such machine. (This article was added by ordinance May 25, 1915.) Article 19. — Nitro-Cellulose. Sections 230-231, p. 202. § 232. Nitro-cellulose products. 1-2, p. 203. 3. Storage of raw material. All nitro-cellulose products in the form of blocks, slabs, sheets, rods, tubes or other shapes to be used for further manufacture, shall be kept stored in a fireproof room or compartment, constructed in accordance with plans submitted to EXPLOSIVES AND HAZARDOUS TRADES 159 and approved by the fire commissioner, and in all cases shall be provided with suitable ventilation. (Amend. May 25, 1915.) 4-5, p. 203. §§ 233, 234, p. 203. Article 20. — Inflammahle Motion Films. Section 240. Permit. 241. Restrictions. 242. Storage-rooms. 243. Work-rooms. 244. Fire prevention. 245. Projecting machines. 246. Transportation. Section 240. Permit. No person shall store or keep on hand any inflammable motion picture films in quantities greater than 5 reels, or aggregating more than 5,000 feet in length, without a permit. (Amend. June 22, 1915.) § 241, p. 204. § 242. Storage-rooms. A room, vault or compartment used for the storage of inflammable m.otion picture films shall not be arti- ficially lighted except by electric lights having air tight bulbs, globes or tubes encased in suitable wire cages and fitted with keyless sockets. (Amend. June 22, 1915.) § 243. Work-rooms. 1-3, p. 205. 4. Supervision. All storage, manufacturing, repairing and ex- amination of inflammable motion picture films shall be under the direct supervision of one or more persons holding a certificate of fitness from the fire commissioner; such persons shall be charged with the enforcement of section 8 of this chapter prohibiting smok- ing. (Am.end. June 22, 1915.) § 244. Fire prevention. 1. Storage of cements. No collodion, amyl acetate or other similar inflammable cement or liquid in quantities greater than 1 quart shall be kept in a room where inflammable motion picture Aims are stored or repaired. Premises wherein inflammable motion picture films are stored, manufactured, repaired or examined shall be equipped with a number of sand and water buckets and fire ex- tinguishers satisfactory to the fire commissioner. (Amend. June 22, 1915.) 2. p. 205. § 245. Projecting machines. No inflammable motion picture film shall be used in any moving picture projecting machine not enclosed in an approved booth. (Amend. June 22, 1915.) § 246. Transportation. No person shall transport inflammable motion picture films in any underground subway train, or carry the same into any underground subway station, provided, however, that the provisions of this paragraph shall not apply to inflammable Aims transported in the course of interstate commerce in railway baggage or express cars under the jurisdiction and subject to the regulations of the interstate commerce commission. No person shall transport, inflammable motion picture films in any street 160 CHAPTER 10 car, elevated train, omnibus, ferryboat or other public conveyance, or carry the same into any railway station or ferry house unless each film shall be separately enclosed in a tightly closed metal box. Not more than 8 films so enclosed shall be carried at one time by any person. (New. Ord. June 22, 1915.) Article 21. — Distilled Liquors and Alcohols, Section 250. Permit. 251. Restrictions. 252. Storage. 253. Distillation or rectification. Sections 250-252, p. 205. § 253. Distillation or rectification. No person shall distill or rectify liquors, spirits or alcohols in any room or compartment in which there is an open flame. (New. Ord. May 25, 1915.) Article 24 . — Wholesale Drug Stores and Drug and Chemical Supply Houses. Sections 270-273, p. 207. § 274. Light and power. 1. Lighting. Cellars and basements used by wholesale druggist and chemical supply house, for the storage of volatile inflammable liquids shall be provided with a sufficient number of incandescent electric lights to insure proper illumination throughout. Such lights shall be fitted with keyless sockets and shall be controlled by a switch or switches, located at or near the entrance to such cellar or basement on the grade floor, with a sign at such switch or switches reading ^‘Control of Basement lights.’^ In addition to the lights herein provided for, there may be installed such individual electric lights as may be required, provided that they shall be con- trolled by an independent circuit. (Amend. July 16, 1915.) 2, p. 208. § 275, p. 208. § 276. Quantities of supplies allowed. No permit shall be issued for the storage in a w'holesale drug store or drug and chemical supply house of any of the following substances in quantities greater than those set forth in the following schedule: 1. Explosives — Amyl nitrate in bottles 25 pounds Amvl nitrate in pearls 100 gross Carbon bisulphide 50 pounds Collodions 100 pounds in all Gases, liquefied: Anhydrous ammonia 2 cylinders Carbon dioxide 2 cylinders Nitrous oxide 2 cylinders Oxygen 2 cylinders Sulphide dioxide 2 cylinders Nitroglycerine, 1 per cent, solution in al- cohol 20 pounds Picric acid 25 pounds Soluble cotton 25 pounds in all EXPI^Of^IVES AND HAZARDOUS TRADPjS 161 2. Volatile Inflammable Liquids (Insoluble) — Benzine, benzole or naphthas of any kind 150 gallons in all Coal tar 1 barrel Coal tar oils (heavy) 10 barrels Crude petroleum 1 barrel Ethyl chloride and other ethers 200 pounds in all Ether, nitrous 100 pounds in 5-pound package or less Ether, sulphuric 500 pounds Rhigoline 2 dozen 1-pound tins Varnishes, lacquers, etc 275 gallons in all Wood creosote 5 barrels 3. Volatile Inflammable Liquids (Soluble) — Acetone 1 barrel Alcohol, denatured 10 barrels Alcohol, ethyl 10 barrels Alcohol, methyl 10 barrels Aldehyde, ethyl 5 gallons 4. Non-volatile inflammable liquids (insoluble). Amyl acetate 10 barrels Amyl alcohol 10 barrels Aniline oil 5 drums Cumol 5 barrels Essential oils 10,000 pounds in all Kerosene 1 barrel Nitrobenzole 5 drums Terebene 100 pounds Turpentine 10 barrels Toluol 350 pounds Xylol 100 pounds 5. Non-volatile inflammable liquids (soluble). GKcerine 5,000 pounds 6. Combustible solids. Metallic magnesium 100 pounds Phosphorus 11 pounds Phosphorus, red 11 pounds Sulphur .•••••. 25 barrels in all 7. Gums, resins, pitch, etc. Burgundy pitch 5,000 pounds Camphor 8,000 pounds Gum thus 5 barrels Naphthaline 50 barrels in all Pitch (coal tar pitch) 2 barrels Resins, balsams and other varnish gums 8,000 pounds in all Resin 5 barrels Shellac 2,500 pounds Stockholm tar 1,000 pounds Tar refined (wood) 10 barrels Venice turpentine 2,000 pounds 8. Combustible fibres and powders (vegetable) . Cotton, absorbent 2,000 pounds 11 162 CHAPTER 10 Cotton batting 10 bales Excelsior 25 bales Flax 20 bales Jute 25 bales Lampblack 10 barrels Lycopodium / 2,000 pounds Oakum 2 bales Pulverized charcoal 10 barrels Sawdust 15 bags Straw, packing 10 bales 9. Dangerously corrosive acids. Anhydrous acetic 500 pounds Carbolic 15,000 pounds Glacial acetic 2,000 pounds Hydrochloric 15 carboys Hydrofluoric 500 pounds Sulphuric 15 carboys 10. Acids. Chromic 100 pounds Iodic 5 pounds Nitric 3 carboys Nitric, fuming 25 pounds Periodic 2 pounds 11. * Peroxides. Barium 2 casks Calcium 100 pounds Hydrogen, U. S. P 5,000 pounds Other hydrogen peroxides, over 3 per cent., not to exceed 15 per cent 500 pounds Potassium 10 pounds Sodium 25 pounds 12. Chlorates. Barium 500 pounds ^ Other metallic 100 pounds in all Potassium 1,000 pounds Sodium 1,000 pounds 13. Perchlorates. Potassium 10 pounds Other metallic perchlorates 10 pounds in all 14. Permanganates. Potassium 1,000 pounds Sodium 100 pounds Other metallic permanganates 100 pounds in all 15. Nitrates. Barium 1,200 pounds Bismuth subnitrate 2,500 pounds Cobalt 1,000 pounds Copper 100 pounds Iron, ferric 200 pounds Mercury (mercuric) 100 pounds Mercury (mercurous) 10 pounds Potassium 2,000 pounds KXPLOSIVES AND HAZAKDOUS TliADEB io:i Silver 50 pounds Sodium 1,000 pounds Strontium 1,200 pounds Other metallic 500 pounds in all 16. IVIetallic oxides. Lead binoxide 25 pounds Lead (litharge) 1,200 pounds Lead (red) 500 pounds Mercury; yellow precipitate (mercurous) 200 pounds Mercury; red precipitate (mercuric) .... 100 pounds Silver 10 pounds 17. Substances made dangerous by con- tact with other substances. Calcium carbide 60 pounds Metallic potassium 5 pounds Metallic sodium 5 pounds All other metals of the alkalies or alkalone earths 5 pounds in all Phosphides 10 pounds Zinc dust 100 pounds The fire commissioner may in his discretion, and when no unusual hazard is presented thereby, authorize the storage of greater quan- tities than those set forth in the foregoing schedule, or the storage of other substances not specified therein. (Amend. July 16, 1915.) § 277. Storage. 1. (P.211.) 2. Liquids. The storage of acids or liquid chemicals which may cause explosions or combustion by flowing into, upon or among chemicals or other substances, shall be provided with safety catch basins or a similar device, so that in case of the leakage of such acids or liquids no danger to life or property will result. Carboys contain- ing nitric acid shall be stored only on brick concrete or asphalt floors, and in a vault or vaults situated below the street level; and it shall be unlawful to permit sawdust, hay, exce'sior, or any organic sub- stance, or other acids or chemicals in close proximity to such carboys or stocks of nitric acid. A sufficient quantity of sand or infusorial earth shall be provided for absorbing all waste liquids from floors. (Amend. Julv 16, 1915.) §§ 278, 279, p. 212. Article 25, — Retail Drug Stores. Section 290, p. 213. § 291. Quantities of supplies allowed. No permit shall be issued for the storage, sale or use in a retail dnig store of any of the follow- ing substances in quantities greater than those set forth in the fol- lowing schedule: 1. Acids. Carbolic 100 pounds Hydrochloric 200 pounds Nitric 15 pounds Picric 1 ounce Sulphuric 200 pounds 104 CHAPTER 10 2. Volatile inflammable liquids. Acetone Amyl acetate Amyl alcohol Amyl nitrate Ethyl alcohol Benzine, benzole and naphtha of any kind Carbon bisulphide Collodion Denatured alcohol Ether, sulphuric Methyl alcohol Other ethers, in all Turpentine 3. Inflammable liquids. Essential oils Glycerine Pine tar 4. Combustible solids. Aluminum (powder) Balsams and resins Camphor Charcoal, powdered Lamp black Magnesium (powder) Magnesium (ribbon) Naphthalene Phosphorus, red Phosphorus, yellow Rosin Sulphur and brimstone 5. Combustible fibres. Cotton, absorbent Cotton, batts Cotton, loose Excelsior, hay and straw Lint Oakum 5 pounds 1 gallon 1 gallon 2 ounces in 1-ounce bottles 6 dozen pearls 1 barrel 5 gallons in 4-ounce bottles or pint tins 3 pounds 5 pounds 1 barrel 5 pounds 1 barrel 2 pounds 1 barrel 100 pounds in all 500 pounds 10 pounds 1 pound 50 pounds in all 350 pounds 10 pounds 10 pounds 8 ounces 8 ounces 4 barrels 2 ounces 1 ounce 10 pounds 250 pounds in all 150 pounds in cartons 10 pounds in closed boxes or other containers 5 pounds in closed boxes or other containers 2 bales (except in stores lo- cated in tenement houses) 10 pounps in closed boxes or other containers 10 pounds in closed boxes or other containers 6. Oxidizers. Barium peroxide 1 pound Bismuth subnitrate 20 pounds Calcium peroxide 5 pounds Chromic acid 1 pound Lead oxide (red) 5 pounds EXPLOSIVES AND HAZARDOUS TRADES 165 Lime, unslaked 200 pounds in sealed metal cans All other metallic bichromates or chromates 50 pounds in all ^ Mercuric oxide (red) 2 pounds Mercurous oxide 2 pounds Mercury nitrate 1 pound Phosphides 10 ounces in all Potassium bichromate 10 pounds Potassium chlorate 25 pounds in 5-pound con- tainers or less Potassium nitrate 50 pounds Potassium perchlorate 1 ounce Potassium permanganate 5 pounds Silver nitrate 1 pound Silver oxide 1 ounce Sodium bichromate 10 pounds Sodium chlorate 5 pounds Sodium nitrate 25 pounds Sodium permanganate 1 pound The fire commissioner may in his discretion, when no extra hazard is permitted thereby, authorize the storage of larger quantities of substances than those set forth in the foregoing schedule, or of other explosives or inflammable substances not specifically named therein. (Amend. May 25, 1915.) § 292, p. 214. § 293. Fire prevention. 1, p. 214. 2. Lighting. Cellars and basement used by retail drug stores for the storage of volatile inflammable liquids shall be provided with a sufficient number of incandescent electric lights to insure proper illumination throughout. Such lights shall be fitted with keyless sockets and shall be controlled by a switch or switches, located at or near the entrance to such cellar or basement on the grade floor, with a sign at such switch or switches reading ^‘Control of Base- ment Lights. In addition to the lights herein provided for, there may be installed such individual electric lights as may be required, provided that they shall be controlled by an independent circuit. (Amend. May 25, 1915.) Article 26 . — Miscellaneoim. Section 300. Violations. Any person who shall willfully violate or neglect or refuse to comply with any provision of this chapter, in addition to any other penalties prescribed by law or ordinance, shall, upon conviction, be punished by a fine of not more than S500 or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. (Amend. May 25, 1915.) 166 CHAPTER 12 Chapter 1 1 . — Fire-Arms . Article 1. — General Provisions, Section 1. Pistols, or revolvers; keeping or carrjnng. Every per- son to whom a license shall be granted to have and possess a pistol or revolver in a dwelling or place of business in the city shall pay therefor an annual fee of $1. Every person to whom a license shall be granted to have and carry concealed a pistol or revolver in the city shall pay therefor an annual fee of $1; provided, that no fee shall be charged or collected for a license to have and carry concealed a pistol or revolver which shall be issued upon the application of the commissioner of correction, or the warden or superintendent of any prison, penitentiary, workhouse or other institution for the deten- tion of persons convicted or accused of crime or offense, or held as witnesses in criminal cases in the city. The fees prescribed by this section shall be collected by the officials issuing the licenses referred to herein and shall be paid by them into the police pension fund, and a return in detail shall be made monthly to the comptroller by such officials of the fees so collected and paid over by them. (Amend. May 11, 1915.) § 2. Discharge of small-arms. Subdv. 1. Add at the end: ‘‘the sub-basement of the premises of the Citizens^ Central National Bank at 320 Broadway.^^ Subdv. 3. Add at the end: “the grounds of the Millrose Athletic Association at the foot of Bay lith street, Bath Beach.’^ Subdv. 5. Add at the end: “the gymnasium of the Moravian Church on Hillside Avenue, Great Kills; the grounds of the Kreischerville Riffe Club, located near Kreischerville, about 500 yards east of Fresh Kill road and 200 yards south from Sharrott’s road.” Chapter 12. — Fires and Fire Prevention. Article 1 . — Fire Extension. Section 6. Street fires; permit required. No person shall kindle, build, maintain or use a fire upon any dock, pier or bulkhead; nor in or upon a street or vacant lot, without a permit from the fire commissioner. A permit to kindle, build, maintain and use a fire in or upon a public street for the purpose of conducting a trade or business may be issued by the fire commissioner upon an applica- tion giving such information as may be required by him, and upon receipt of a fee of ^0.50; but no permit shall be issued to kindle, build, maintain or use a fire — (a) Within 15 feet of a fire hydrant; (b) Within 2 feet of the surface of any stone pavement; (c) On or within 2 feet of the surface of any asphalt pavement, except for the purpose of repairing, removing or constructing the same. A fire kindled, built and maintained under a permit issued in conformity with the provisions of this section shall be continuously FIRES AND FIRE PREVENTION 107 under the care and direction of a competent person from the time it is kindled until it is extinguished. (Amend. May 25, 1915.) Article 2» Section 24. Storage of combustible fibres. 1, p. 223. 2. Permit required. No person shall store or keep on hand in any premises any combustible fibre or material in excess of 1 ton without a permit from the commissioner; provided, however, that in rural communities outside of fire limits, no permit shall be required for the storage of hay and straw in barns or out-of-doors stacks, where such stacks are not within 50 feet of a building occupied as a dwelling. The annual fee for such a permit shall be for quantities of 10 tons or more, $10; over 5 tons and less than 10 tons, $5; over 1 ton and less than 5 tons, $2. (Amend. July 16, 1915.) 3. Restrictions. No permit shall be issued for such storage in any building or premises: a. Situated within 50 feet of the nearest wall of a building occupied as a school, hospital, theatre or other place of public amusement or assembly; b. Occupied as a tenement house, or hotel; c. Of wooden construction, except in sparsely populated districts, where it shall be in the discretion of the commissioner; d. Which is not equipped with a fire extinguishing system, ap- proved by the fire commissioner; e. Where paints, varnishes, or lacquers are manufactured, stored or kept for sale; f. Where dry goods, or other highly inflammable materials are manufactured, stored or kept for sale; g. Where matches, rosin, turpentine or any explosives are stored or kept. (Amend. July 16, 1915.) 4, p. 223. 5, p. 224. 6. Factories. The storage of combustible fibres in any building used as a factory or workshop (except where such combustible fibre enters into the article or material manufactured in such workshop or factory) is prohibited unless such combustible fibre does not exceed five tons and is used and stored in a portion of the premises separated from the remainder of the building by walls, floors and ceilings, protected by fire retarding material and with all floor open- ings similarly protected and constructed in a manner approved by the fire commissioner. In no event shall more than one permit be granted for the storage of combustible fibre in a single building used as a factory or workshop. (New. Ord. July 16, 1915.) § 25. Storage of empty wooden packing boxes, cases, and barrels. 1, p. 224. 2. Restrictions. No permit shall be issued for the storage of empty wooden packing boxes, cases or barrels in any lot, shed or inclosure; a. Which is not enclosed by a substantial fence not less than 10 nor more than 18 feet in height above the street level. If any build- ing having an unpierced fire wall adjoins the enclosure no fence shall 168 CHAPTER 14 be required on the side of such building. The storage space shall be completely separated from any window or door openings of the wall of an adjoining building by a substantial fence of fire-retarding materials of a height satisfactory to the Fire Commissioner, erected at least 6 feet from such opening and extended at least 6 feet on each side thereof and continued to the sides of the enclosure or carried to the walls of the building. No permit shall be issued authorizing the storage of empty wooden packing boxes or barrels in any building or structure the walls of which are not built of fireproof material except in sparsely popu- lated districts. b. Which is situated within 50 feet of the nearest wall of a build- ing occupied as a hospital, school, theatre or other place of public amusement or assembly. (Amend. May 25, 1915.) 3. Fire prevention. No person shall pUe empty wooden packing boxes, cases or barrels to a height greater than 6 inches below the top of the inclosing wall required by subdivision 2 of this section. Excelsior, sawdust, paper and packing material shall be removed from the premises at least once daily; electric motors shall be en- closed in an approved manner; at least twelve water buckets of 10 quarts capacity shall be provided for every 2,500 square feet of floor surface, or in lieu thereof, hose of at least 1 inch in diameter, equipped with a nozzle of at least one-half inch in diameter, suffi- cient in length to reach all parts of the enclosure, and connected to an adequate water supply. (Amend. May 25, 1915.) Chapter 14. — Licenses. Article 4. — Dealers in Second-hand Articles. Section 41. License fee and bond; term. The annual license fee for each dealer in second-hand articles shall be $25, and every such dealer shall give a bond to the city, with sufficient surety, to be ap- proved by the commissioner of licenses, in the penal sum of $100, conditioned for the due observance of the provisions of law or or- dinance relating to such dealers. All licenses for dealers in second-hand articles shall be issued as of February 1 and shall expire on the 31st day of January next succeeding the date of issuance thereof. All licenses for dealers in second-hand articles now in force, which shall not sooner expire, shall expire on the 31st day of January next succeeding the date on which this ordinance takes effect. All licenses for dealers in second-hand articles now in force, the terms of which would oyierwise bring their expiration to a period beyond the 31st day of January next succeeding the date this ordinance takes ef- fect, may be renewed by the licensees for another term if presented on or before the said January 31st, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee, and all licenses issued between the time this ordinance becomes effective and the following January 31st, shall be charged the full fee mentioned above, but may be renewed by the licensees, if pre- LICENSED 169 sen ted on or before the said January 31st, at the pro rata rates here- tofore prescribed in this paragraph. (Amend. July 16, 1915.) Article 6. — Dirt-Carts. Section 51. License fee; designation; term. The annual license fee for each dirt-cart shall be $1 . Every licensed dirt-cart shall show on each outside thereof the words Dirt Cart,^^ or the letters D. C.,” together with the figures of its official number. Licenses for dirt-carts shall be issued as of August 1, and shall expire on the 31st day of July next succeeding the date of issuance thereof. All the dirt-cart licenses now in force, which shall not sooner expire, shall expire on July 31 following the date this ordinance takes effect. All dirt-cart licenses issued between the time this ordinance takes effect and the following July 31 shall expire on said July 31. (Amend. July 16, 1915.) Article 6. — Expresses and Expressmen. Section 61. License fee; designation. The annual fee for each vehicle used as a public express shall be 15. Every such vehicle shall show on the exterior of both sides thereof the word ^‘express,” or the abbreviation “Exp.,^’ with the number of its license. Licenses for express wagons shall be issued as of October 1, and shall expire on the 30th day of September next succeeding the date of issuance thereof. All express wagon licenses now in force, which shall not sooner expire, shall expire on the 30th day of September next succeeding the date on which this ordinance takes effect. All licenses now in force, the terms of which would otherwise bring their expiration to a period beyond the 30th day of September next succeeding the date this ordinance takes effect, may be renewed by the licensees for another term, if presented for renewal on or before the said Sep- tember 30th, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. All express wagons licensed between the time this ordinance becomes effective and the following September 30th, shall be charged the full fee mentioned above, but may be renewed if presented for renewal on or before the said September 30th, for another term, at the pro rata rates heretofore prescribed in this paragraph. (Amend. June 29, 1915.) § 62. Licensed drivers required. Every person driving a licensed express shall be licensed as such, and shall pay an annual license fee of $1. Every application for an express driver’s license shall be en- dorsed, in writing, by two reputable residents of the city, testifying to the competence of the applicant. No owner of a public express shall employ an unlicensed driver under a penalty of $10 for each offense. Licenses for express drivers shall be issued as of October 1, and shall expire on the 30th day of September next succeeding the date of issuance thereof. All express driver licenses now in force, which shall not sooner 170 CHAPTER 14 expire, shall expire on Septernber 30 following the date this ordinance takes effect. All express drivers’ licenses issued between the time this ordinance takes effect and the following September 30 shall expire on said September 30. (Amend. June 29, 1915.) Article 7 . — Exterior Hoists. Section 70. Licenses; fees; term. No person shall hoist anything whatsoever, on the outside of a building from the street, into any loft or lower anything on the outside thereof, by an> means, without a license therefor and giving an indemnity bond to the city, with sufficient surety, approved by the commissioner. Any one generally engaged in such a business shall take out a general license, and any one so hoisting in front of certain premises only shall take out a special license therefor. The annual fee for a general hoisting license shall be $25. The fee for a special hoisting license shall be $1. All licenses for exterior hoists shall be issued as of January 1, and shall expire on the 31st day of December next succeeding the date of issuance thereof. All licenses for exterior hoists now in force, which shall not sooner expire, shall expire on the 31st day of December next succeeding the date on which this ordinance takes effect. All general hoist licenses now in force, the terms of which would otherwise bring their expiration to a period beyond the 31st day of December next succeeding the date this ordinance takes effect, may be renewed for another term by the licensees, if presented or before the said December 31, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. All hoist licenses issued between the time this ordinance becomes effective and the following December 31, shall be charged, the full fee mentioned above, but all such general hoist licenses may be re- newed by the licensees, if presented on or before such December 31, at the pro rata rates heretofore prescribed in this paragraph. (Amend. July 16, 1915.) Article 9. — Junk Dealers. Section 121. License fee and bond; term. Every junk dealer shall pay an annual license fee of $20 and give a bond to the city, with sufficient surety approved by the commissioner, in the penal sum of $250, conditioned for the due observance of all municipal ordinances. Each junk cart or junk boat shall pay an annual license fee of $5. All junk dealers’ licenses, including junk carts and junk boats, shall be issued as of November 1, and shall expire on the 31st day of October next succeeding the date of issuance thereof. All junk dealers’ licenses, including junk carts and junk boats, now in force, which shall not sooner expire, shall expire on the 31st day of October next succeeding the date on which this ordinance takes effect. All licenses now in force, the terms of which would otherwise bring their expiration to a period beyond the 31st day of October next succeeding the date this ordinance takes effect, may be renewed by the licensees for another term, if presented on or before the said October 31, and for each full calendar month of the unexpired term LICENSES 171 of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. All junk dealers, includ- ing junk carts and boats, licensed between the time this ordinance becomes effective and the following October 31st, shall be charged the full fee mentioned above, but may be renewed for another term, if presented by the licensees on or before such October 31st, at the pro rata rates heretofore prescribed in this paragraph. (Amend. June 29, 1915.) § 123. Record of purchases. Every junk dealer shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name, residence and general description of the person from whom such purchase was made, the day and hour of such purchase, and, when the purchase consists of articles from a scow, coal-boat, lighter, tug or other vessel, the name of such scow, coal-boat, lighter, tug or other vessel, and the name and residence of the owner thereof, and the book shall at all reasonable times be open to the inspection of any police officer, or the Mayor, the Commissioner or any inspector of licenses, or any magistrate, or any person duly authorized in writing, for such purpose, by the Commissioner or any magistrate, who shall exhibit such authorization to the dealer. (Amend. May 25, 1915.) Article 12. — Public Porters. Section 151. License fees; term. Every person on receiving a license to be a public porter shall pay a fee of $1; and the sum of 25 cents upon each renewal of such license. All public porter licenses shall be issued as of January 1, and shall expire on the 31st day of December next succeeding the date of is- suance thereof. All public porter licenses now in force, which shall not sooner expire, shall expire on the 31st day of December next succeeding the date on which this ordinance takes effect, but may be renewed by the licensees for another term, if presented on or before the said December 31, for the renewal fee mentioned above; and all licenses issued between the date this ordinance takes effect and the following December 31st shall be charged the full fee, but may be renewed by the licensees, if presented on or before the said December 31st, for the renewal fee prescribed above. (Amend. July 16, 1915.) Article I4. — Street Musicians. Section 170. Hand-organ grinders. 171. Itinerant musicians. Section 170. Hand-organ grinders. No person shall use or per- form on a hand organ in any street or public place, unless such hand organ shall be licensed as hereinafter ordained. Upon payment of a license fee of $5 per annum, the commissioner of licenses may grant and issue licenses for such number of hand organs as he may deem proper, not to exceed, however, the total number of 800. The license so granted and issued must be conspicuously displayed at all times upon the front of the hand organ. No person using or performing upon a hand organ shall solicit, ask or request any money for such use or performance in any way, shape or manner, directly 172 CHAPTElt 14 or indirectly. No person shall use or perform upon a hand organ in any street or public place, before the hour of 9 A. M. nor after the hour of 6 P. M. of any day; nor during any part of the first day of the week commonly called Sunday; nor within a distance of 500 feet of any school house or house of public workship, during school hours or hours of public worship, respectively; nor within a like distance of any court, public office, hospital, asylum, or other public institution, nor within a distance of 250 feet of any tenement house, dwelling house or other building, when directed or requested by any occupant thereof to refrain from or discontinue using or performing upon such hand organ. All licenses for hand organs shall be issued as of January 1st, and shall expire on the 31st day of December next succeeding the date of issuance thereof. All hand organ licenses now in force, which shall not sooner ex- pire, shall expire on the 31st day of December next succeeding the date on which this ordinance takes effect. All hand organ licenses now in force, the terms of which would otherwise bring their ex- piration to a period beyond the 31st day of December next succeeding the date this ordinance takes effect, may be renewed by the licensees for another term, if presented on or before the said December 31st, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. All hand organ licenses issued between the time this ordinance takes effect and the following De- cember 31st, shall be charged the full fee mentioned above, but all such licenses may be renewed by the licensees, if presented on or before such December 31st, at the pro rata rates heretofore pre- scribed in this paragraph. (Amend. July 16, 1915.) § 171. Itinerant musicians. No person shall engage in the busi- ness of a street musician, playing for hire or voluntary contribution from door to door, or otherwise, without having first obtained a license therefor. Such licenses shall be granted by the commissioner; E rovided that the person or persons applying therefor shall have een residents of the City for at least one year prior to such applica- tion, and shall pay for such license the sum of SIO, the license to be renewed from year to year, upon the annual payment of such fee. The term of residence required by this section shall be proved by affidavit of the person applying for such license and of two other persons resident of the city, which affidavits shall state the different places of residence in the city occupied by said applicant during the year preceding his application. The provisions of this section shall apply only to itinerant musicians and shall not be construed so as to affect any band of music or organized musical or religious societ}% engaged in any military or civic parade, or to any musical per- formance conducted under a license from municipal authority. All licenses for itinerant musicians shall be issued as of January 1st and shall expire on the 31st day of December next succeeding the date of issuance thereof. All licenses for itinerant musicians now in force, which shall not sooner expire, shall expire on the 31st day of December next suc- ceeding the date on which this ordinance takes effect. THE SANITARY CODE 173 All licenses for itinerant musicians now in force, the terms of which would otherwise bring their expiration to a period beyond the 31st day of December next succeeding the date this ordinance takes effect, may be renewed by the licensees for another term, if presented on or before the said December 31st, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the pay- ment of the new fee. All licenses for itinerant musicians issued between the date this ordinance becomes effective and the following December 31st, shall be charged the full fee mentioned above, but all such licenses may be renewed by the licensees, if presented on or before the said December 31st, at the pro rata rates heretofore pre- scribed in this paragraph. (Amend. July 16, 1915.) Article 15. (Repealed^ Ord. effective July 16 y 1915.) Chapter 16. — Municipal Civil Service. Article 1. — General Provisions. Section 2. Vacations. 3. Time of vacation. The heads of the various departments and bureaus may fix the time when vacations shall be given, except that per diem employees, other than those of the Department of Parks and the Department of Water Supply, Gas and Electricity, shall be given vacations only during the months of June, July, August and September. (Amend. July 16, 1915.) Chapter 20. — The Sanitary Code. Article 1 . — Definitions. Section 1. Definitions. 32. “Day Nursery”: a place where more than three children are received, kept, and cared for during the day time. (As amended by the Board of Health, June 30, 1915.) Article 2. — Animals. Section 13. Tuberculin test of cows; certificate. — No milch cow or cow intended for any purpose other than slaughter, shall be ad- mitted to the City of New York unless accompanied by a certificate stating that the said cow is free from tuberculosis so far as may be ascertained by physical examination and the application of the tuberculin test. Said certificate shall contain a physical description of the cow sufficiently accurate for the purpose of identification, and must be signed by a legally licensed veterinarian, who shall state the date and place of his registration. The certificate shall also bear a number which must correspond with a tag that shall have been securely attached to and be on the ear of the cow. The cer- tificate shall also contain the date of the examination, which ex- amination shall have been made not more than sixty days prior to the time the cow indicated therein is brought into the city; it must also contain the place of examination, the temperature of the cow 174 CHAPTER 20 for ten hours prior to the injection of tuberculin, the name, quality, and character of the preparation of tuberculin used, the location of the injection, the quantit}'^ injected, and the temperatures from the sixth to the twenty-fourth hours after the injection, or until the reaction is completed. (S. C., § 124.) (As amended by the Board of Health, May 6, 1915, and as further amended by said Board, May 25, 1915.) Article 8. — Drugs and Medicines, § 116. Drugs, manufacture and sale regulated; the terms ^Mrugs,'' adulterated,^^ and misbranded defined. No person shall manu- facture or produce, or have, sell, or offer for sale, in the City of New York, any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated: (1) If, when sold by or under a name recognized in the ITnited States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as stated in the United States Pharmacopoeia or National Formulary at the time of investigation. (2) If its strength or purity falls below the professed standard under which it is sold. A drug shall be deemed misbranded: (a) If it is an imitation or offered for sale under the distinctive name of another article. (b) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a state- ment, on the label thereof, of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, contained therein. (c) If the package or label bear or contain any statement, design, or device, regarding the drug or its ingredients, or regarding its or their action on diseased conditions, which statement, design, or de- vice shall be false or misleading in any particular. (d) If a box, bottle, or package, containing virus, therapeutic serum, toxin, antitoxin, or analogous product, fails to bear on the outside thereof, conspicuously, clearly, and legibly set forth, in English, the proper name of the substance therein contained, the name and address of the person, persons, firm or corporation by whom or by which the said substance has been prepared, the date beyond which the said substance cannot be reasonably expected to produce the result or results for which it has been prepared, and (if such license shall have been obtained) the United States license number of the establishment in which the said substance has been prepared; and, in the case of diphtheria and tetanus antitoxin, if the box, bottle, or package containing such antitoxin shall fail to bear on the outside thereof conspicuously, clearly, and legibly set forth, in English, the value of the contents thereof as an antitoxin, which value shall be measured according to and stated in the terms of some generally recognized standard.^ (e) If any proprietary or patent medicine to which the provisions THE SANITARY CODE 176 of Section 117 of this Code relate shall fail to contain every ingredient, the name of which shall have been filed in the Department of Health, pursuant to said Section 117 of this Code as a constituent part of said medicine; or if any such proprietary or patent medicine shall contain any ingredient the name of which is required by the provi- sions of Section 117 of this Code to be filed in the said IDepartment which name has not been filed. (S. C. Sec. 69.) (The provisions of subdivision (e) shall take effect December 31, 1915.) (Amended Oct. 26, 1915.) § 117. Regulating the sale of proprietary and patent medicines. No proprietary or patent medicine manufactured, prepared, or in- tended for internal human use, shall be held, offered for sale, sold, or given away, in the City of New York, until the following require- ments shall, in each instance, have been met: The names of the ingredients of every such medicine to which the therapeutic effects claimed are attributed and the names of all other ingredients except such as are physiologically inactive shall be regis- tered in the Department of Health in such manner as the Regula- tions of the Board of Health may prescribe. The expression ^‘proprietary or patent medicine,^^ for the purposes of this section, shall be taken to mean and include every medicine or medicinal compound, manufactured, prepared, or intended, for internal human use, the name, composition, or definition of which is not to be found in the United States Pharmacopoeia or National Formulary, or which does not bear the names of all of the ingredients to which the therapeutic effects claimed are attributed and the names of all other ingredients except such as are physiologically inactive, conspicuously, clearly, and legibly set forth, in English, on the outside of each bottle, box, or package in which the said medicine or medicinal compound is held, offered for sale, sold, or given away. The provision of this section shall not, however, apply to any medicine or medicinal compound, prepared or compounded upon the written prescription of a duly licensed physician, provided that such prescription be written or issued for a specific person and not for general use, and that such medicine or medicinal compound be sold or given away to or for the use of the person for whom it shall have been prescribed and prepared or compounded; and provided, also, that the said prescription shall have been filed at the establish- ment or place where such medicine or medicinal compound is sold or given away, in chronological order according to the date of the receipt of such prescription at such establishment or place. Every such prescription shall remain so filed for a period of five years. The names of the ingredients of proprietary and patent medi- cines, registered in accordance with the terms of this section, and all information relating thereto or connected therewith, shall be re- garded as confidential, and shall not be open to inspection by the public or any person other than the official custodian of such records in the Department of Health, such persons as may be authorized by law to inspect such records, and those duly authorized to prosecute or enforce the Federal Statutes, the Laws of the State of New York, 17G CHAPTER 20 both criminal and civil, and the Ordinances of the City of New York, but only for the purpose of such prosecution or enforcement. This section shall take effect December 31, 1915. (Amended Oct. 26, 1915.) § 126. Habit forming drugs; sale and distribution regulated. No pharmacist, druggist or other person shall sell, have or offer for sale or give away any chloral, opium or any of its salts, alkaloids or derivatives or any compound or preparation of any of them except upon the written prescription of a duly hcensed physician, veterin- arian or dentist, provided that the provisions of this article shall not apply to the sale of domestic and proprietary remedies, nor to physicians^ prescriptions, compounded solely for the person named in the original prescription, actually sold in good faith as medicines and not for the purpose of evading the provisions of this article and provided further that such remedies and preparations do not con- tain more than two grains of opium, or one-fourth grain of mor- phine or one-eighth grain of heroin, or one grain of codeine, or ten grains of chloral or their salts in one fluid ounce, or if a solid prepara- tion, in one avoirdupois ounce, nor to plasters, liniments and oint- ments for external use only. The provisions of this Section shall not, however, apply to the sale, offering for sale, or the giving away or dispensing of the drugs mentioned in this Section to any child under the age of 16 years, inasmuch as such act is made a felony by the provisions of Section 249d of the Public Health Law. (Chapter 45 of the Consolidated Laws.) S. C. Sec. 182. (As amended by the Board of Health, June 30, 1915.) § 127. Habit forming drugs; disposing of confiscated. All cocaine, eucain, and other drugs and substances embraced within the scope of Section 1746 of the Penal Law and all chloral, opium, morphine, heroin, codein, and other drugs and substances embraced within the scope of Article 11a of the Public Health Law, of which the Police Department shall have taken possession pursuant to the provisions of said Section 1746 of the Penal Law or said Article 11a of the Public Health Law shall, when no longer required for the purposes of prosecution or held pursuant to an order of the Court, be turned over to the Department of Health, and shall be destroyed or other- wise disposed of by the said department as the Board of Health shall direct. (Additional section adopted by the Board of Health Aug. 24, 1915.) Article 12. — Miscellaneous Provisions. § 214. Use of common towels prohibited. No person, firm, or corporation having the management and control of any factory, de- partment store or other business establishment, school, hotel, theatre, concert hall, restaurant, cafe, or beer, wine, or liquor saloon, railroad station, railroad car, ferry house, ferry boat, public lavatory, public wash room, public comfort, station, or any other public place, shall maintain therein or thereat any towel or towels for use in common. The term ^Tor use in common^’ as employed herein shall be con- strued to mean, for the use of or intended to be used by, more than one person. 9TKEET CLEANING 177 The term ‘‘corporation’^ as used herein shall be construed to mean and include a municipal corporation. (S. C. Sec. 190.) (As amended by the Board of Health June 30, 1915.) § 219. Nurses. No person other than one who shall have received from the regents of the University of the State of New York a cer- tificate of his or her qualifications to practice as a registered nurse shall assume the title, Registered Nurse, or use the abbreviation, R. N., or any other letters, or words or figures, to indicate that such person is a registered nurse. No person other than one who shall have graduated after a course of training of not less than two years’ duration, from a hospital training school for nurses, shall practice as or hold himself or herself out to be or be by anyone held out or represented to be a trained, graduate or certified nurse, or use any letters, words, figures or de- vice to indicate that such person is a trained, graduate or certified nurse. (As amended by the Board of Health, March 30, 1915.) § 221. Growth of poison ivy and rag weed prohibited. No person owning, occupying, or having charge of any lot or premises in the City of New York shall cause, suffer, or allow poison ivy, rag weed, or other poisonous weed to grow therein or thereon in such manner that any part of such ivy, rag weed, or other poisonous weed shall extend upon, overhang, or border upon any public place, or allow the seed, pollen, or other poisonous particles or emanations therefrom to be carried through the air into any public place. (As adopted by the Board of Health June 30, 1915.) Chapter 22. — Street Cleaning. Article 3. — Snow and Ice. Section 21. Property owners. 1. Must clear sidewalks. Every owner, lessee, tenant, occupant, or other person having charge of any building or lot of ground in the city, abutting upon any street or public place where the sidewalk is paved, shall, within 4 hours after the snow ceases to fall, or after the deposit of any dirt or other material upon said sidewalk, remove the snow and ice, dirt or other material from the sidewalk and gutter, the time between 9 p. m. and 7 a. m. not being included in the above period of four hours; E rovided, however, that such removal shall in all cases be made efore the removal of snow and ice from the roadway by the com- missioner of street cleaning, or by the borough president of Queens or Richmond, or subject to the regulations of said commissioner of street cleaning, or of said borough president of Queens or Richmond, for the removal of snow and ice, dirt and other material; except that in the boroughs of Queens and Richmond any owner, lessee, tenant or occupant or other person who has charge of any ground abutting upon any paved street or public place, for a linear distance of 500 feet or more, shall be considered to have complied with this section, if such person shall have begun to remove the snow and ice from the sidewalk and gutter before the expiration of the said 4 hours, and shall continue and complete such removal within a reasonable time. Whenever any owner, lessee, tenant, occupant or other person having charge of any building or lot of ground abutting upon any 12 178 CHAPTER 23 street or public place where the sidewalk is paved shall fail to comply with the provision of any ordinance of the City for the removal of snow and ice, dirt, or other material from the sidewalk and gutter in the street, on the side of the street on which such building or lot abuts, the President of the Borough in which such building or vacant lot is located may cause such removal to be made, meeting the ex- pense thereof from any suitable street cleaning or highway fund, and thereafter the expense of such removal as to each particular lot of ground shall be ascertained and certified by the said Borough President to the Comptroller, and the Board of Estimate and Appor- tionment may authorize such additional expenditures as may be required for the said removal of such ice and snow, dirt or other ma- terial, to be repaid to the fund from which the payments were made, with proceeds from the issue and sale of revenue bonds which shall be sold by the Comptroller, as provided by law. The said Borough President shall, as soon as possible, after the Tvork is done, certify to the Corporation Counsel the amount of the expense chargeable against each piece of property. The Corporation Counsel is hereby directed and authorized to sue for and recover the amount of this expense, together with three (3) dollars penalty for each offense, and when so recovered the amount shall be turned over to the City Chamberlain to be deposited to the credit of the general fund of the City of New York for the reduction of taxation. (C. O., § 414, amend. July 16, 1915.) Chapter 23. — Streets. Article 5. — Awnings, Section 43. Temporary awnings. Awnings without side coverings may be from time to time erected and maintained across the side- waUc of any street for temporary use as a protection during inclem- ent weather only; provided, however, that such awning shall be made of canvas or cloth and shall be supported by upright posts of iron not exceeding 2 inches in diameter and not less than 8 nor more than 10 feet in height above the sidewalk and shall not be wider than the entrance of the building in connection with which it is to be used. Awnings with side coverings may be erected for a limited time upon issuance of a special permit from the borough president having jurisdiction. (Amend. May 11, 1915.) Article 13. — Obstructions and Incumbrances. Section 149. Stands within stoop lines and under elevated rail- road stairs. Subdivision 4. License fees. The annual license fee for a stand under the stairs of an elevated railway station shall be $10. All stands within the stoop line shall be classified, and the annual license fee therefor shall be fixed and collected as specified in the schedule following: a. Stands for the sale of newspapers, periodicals or both, $5; b. Stands for the sale of fruits or soda water, or both, $10; c. Stands for the sale of newspapers, periodicals or both, and also fruits or soda water, or both, $15; MISCELLANEOUS 179 d. Boot black stands, each chair, $5. No license fee shall be required for stands within stoop lines for the sale of newspapers, periodicals or both, in cases where such stands are conducted by dealers who are the owners or occupants of the premises or stores in front of which the same are situated. Licenses for stands within stoop lines or under the stairs of any elevated railway station shall be issued as of December 1, and shall expire on the 30th day of November next succeeding the date of issuance thereof. All stand licenses now in force, which shall not sooner expire, shall expire on the 30th day of November next succeeding the date on which this ordinance takes effect. All licenses now in force, the terms of which would otherwise bring their expiration to a period beyond the 30th day of November next succeeding the date this ordinance takes effect, may be renewed by the licensees for another term if presented on or before the said November 30th, and for each full calendar month of the unexpired term of the old license a pro rata amount of the fee paid therefor shall be applied toward the payment of the new fee. All stands licensed between the time this ordinance becomes effective and the following November 30th shall be charged the full fee mentioned above, but may be renewed if presented on or before such November 30th at the pro rata rates heretofore prescribed in this paragraph. (Amend. June 29, 1915.) Chapter 24. — Traffic Regulations. Article 2, — Rules of the Road, Section 13. Peddlers. Subdv. 2, add. One Hundred and Twenty-fifth Street, between the westerly side of Third Avenue and the easterly side of Morningside Avenue. (Amend. May 11, 1915.) Chapter 27. — Miscellaneous. Section 1. Advertisements; false and misleading. 2. Animals. 3. Baths, floating. 3a. Beaches, and other parts of water-front to be protected against bottles, crockery, glass and glassware. 4. Bathing in public; floating baths. 5. City magistrates^ courts. 6. Jurors’ fees. 7. lietter-boxes. 8. Queens County; County Clerk’s fees. 9. Sessions laws: compensation for same in Queens and Richmond. 9a. Inspection of meat. 10. Violations. Section 3a. Beaches and other parts of the water-front to be pro- tected against bottles, crockery, glass and glassware. No person shall throw, cast, lay or deposit a glass bottle or piece of crockery, 180 CHAl'T^JH 27 nor any glass or glassware, or any part thereof, on any beach or other part of the water-front, or in any park of the city. A copy of this section, with a proper reference to the punishment provided for its violation by section 10 of this chapter, shall be conspicuously posted by the police commissioner on all beaches, and in all bathing houses thereon, and in all parks, and on all excursion boats playing the waters of the port of New York, during the months of May to October, inclusive, in each year. (New. Ord. May 25, 1915.) § 9a. 1. Inspection of meat. No carcasses or parts of the car- casses of cattle, calves, sheep, lambs or swine, shall be offered for sale, sold, or given away in any pubhc market in the City of New York until they shall, respectively, have been inspected and passed as fit for human food by a duly authorized inspection of the United States government or a duly authorized inspector of the Health Department of The City of New York, or, in the case of parts of a carcass, unless such part shall have been cut from a carcass or part of a carcass which had previously been inspected and passed as hereinbefore provided. 2. Marking of ; certificate. Such inspector of the Department of Health, upon finding such carcass or part of a carcass, as the case may be, fit for human food, shall proceed to mark such carcass or part of a carcass by branding or stamping thereon a number and the wwds “Department of Health’^ and “Inspected and Passed,” together with the date of inspection and the name of the inspector, all set forth in conspicuous type in the following form : No Department of Health. Inspected and Passed (Date) (Name of Inspector) and such inspector shall also, upon branding or stamping such car- cass or part of a carcass, deliver to the owner thereof or said owner’s representative a certificate, which shall be substantially in the following form : No Department of Health. (Brief description of carcass or part of carcass) (Place of Inspection) (Name of Dealer) Inspected and Passed (Date) (Name of Inspector) Such brand or stamp marks, as well as such certificates, shall be consecutively numbered, and the number of the brand or stamp mark shall, in every instance, correspond with the number of the certificate. 3. Certificate; number of; filing of. Every such certificate shall be made in triplicate form, and the inspector shall deliver the orig- inal to the owner of the carcass or part of a carcass to which such certificate relates, or said owner’s representative, and file a copy thereof, respectively, in the Department of Health and in the office of the Comptroller. PAUKS, PARKWAYS, AND PARK STREETS 181 4. Certificate, fee for. For each carcass or part of a carcass thus marked and for which a certificate shall have been issued as herein- before provided, the owner thereof shall pay to the city of New York the sum of 5 cents, and all moneys shall be collected monthly by the comptroller. 5. Carcass or part of, when deemed fit as human food. For the purpose of this ordinance, no such carcass or part of a carcass shall be deemed to have been inspected and passed as fit for human food by an inspector of the Department of Health unless such carcass or part of a carcass shall have been branded or stamped and a certificate shall have been issued, as hereinbefore provided. 6. Exceptions. The provisions of this ordinance shall not, how- ever, apply to carcasses or parts of the carcasses of cattle, calves, lambs, or swine killed in any slaughter house in the city of New ' York conducted under a permit issued by the Board of Health. (New. Ord. May 18, 1915.) 7. Violations. Any person who shall violate or neglect to comply with any provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. (New. Ord. app. May 18, 1915.) Chapter 17. — Parks, Parkways and Park Streets. Article 2. — Traffic Regulations. Section 39. Ocean boulevard, Bay parkway. Eastern parkway and the Brooklyn-Queens speedway. la. It shall be unlawful to drive any vehicle over the easterly side road or bridle road of the Ocean Parkw^ay, between Prospect Park and the Coney Island Concourse, except as it may be necessary to cart or convey supplies to the residences along said easterly side road, or in case of buildings being erected fronting on said side road, when it shall be lawful to cart building materials thereon. In all cases, however, vehicles must enter said road from the street nearest to said residence or house in course of construction, and must leave the same at the next following intersecting street. (New. Adopted by Park Board, Oct. 21st, 1915.) Filed in City Clerk^s Office, October 25, 1915. INDEX TO ADDENDA TO COSBY’S CODE OF ORDINANCES, NOVEMBER 1, 1915. SECTION CH. PAGE Awnings 43 23 178 Beaches, protected from broken glass 3a 27 179 Building Code: buildings, classification of, article 4 5 14 construction generally, repeal 443-5 5 44 excavations and foundations, article 12 . . 5 17 fireproof construction, article 17 5 37 fire walls and shafts, repealed 370 5 44 foundations, excavations and, article 12 . 5 17 iron and steel construction, article 15 . . . 5 31 masonry construction, article 13 5 22 materials, article 2 5 6 reinforced concrete construction, article 16 5 34 steel, iron and, construction, article 15. . . 5 31 wood construction, article 14 5 28 working stresses and loads, article 3 5 9 City employees^ vacations 2 16 173 City marshals 230 2 3 City seal 2 1 1 City surveyors, article 10 2 4 Electrical control: certificates of inspection 11 9 47 definitions 1 9 44 details of construction, article 5 9 83 electric gas lighting 687 9 128 fittings, article 5 9 83 general provisions, article 1 9 44 generators, article 2 9 48 inside work, article 4. . 9 57 insulation resistance 688 9 128 jurisdiction 2 9 45 licenses 8 9 46 materials, article 5 9 83 motors, article 2 9 48 outside work, article 3 9 55 signalling systems 685 9 125 switchboards, article 2 9 48 183 184 INDEX Electrical control — Continued: section ch. page violations 700 9 129 wireless telegraph apparatus 686 9 128 Explosives: alcohols, article 21 10 160 ammunition, article 5 10 142 blasting, article 4 10 136 bonds, article 3 10 132 calcium carbide, article 16 10 153 certificates, article 2 10 131 chemical supply-houses, article 24 10 160 definitions 1 10 129 drug-stores, retail, article 25 10 163 drug-stores, wholesale, article 24 10 160 dry-cleaning, article 13 10 151 dyeing establishments, article 13 10 151 explosives regulations, article 4 10 136 fees, article 3 10 132 garages, article 11 10 148 gases under pressure, article 17 10 154 general provisions, article 1 10 129 inflammable mixtures, article 9 10 146 kerosene oil, article 8 10 143 liquors, distilled, article 21 10 160 matches, article 7 10 143 motion picture films, article 20 10 159 motor vehicle repair shops, article 12 ... . 10 151 nitro-cellulose, article 19 10 158 oils (mineral), article 8 10 143 paints, article 15 10 153 permits, article 2 10 129 petroleum, article 8 10 143 powder, article 4 10 136 refrigerating plants, article 18 10 157 sponging, article 14, repealed 10 153 technical establishments, article 23 violations 300 10 165 Firearms 1 11 166 Fire prevention, street fires 6 12 166 storage combustible fibres 24 12 167 storage packing boxes 25 12 167 Flags: flags and decorations in city hall 5 1 3 mayor^s flag 4 1 3 official city flag 3 1 3 Licenses: dealers in secondhand articles, fees 41 14 168 dirt-carts, fees 51 14 169 expressmen, fees 61 14 169 exterior hoists, fees 70 14 170 INDEX 185 Licenses — Continued: section ch. page junk dealers, fees 121 14 170 public porters, fees 151 14 171 street musicians, article 14 14 171 Meat inspection 9a 27 180 Motion pictures, private exhibitions 42 3 5 Ordinances, adopted to be printed 6 1 3 Organ-grinders 170 14 171 Parks, traffic regulations. Ocean Boulevard . . 39 17 181 Revolvers 1 11 166 Sanitary Code: animals, tuberculin test of cows 13 20 173 day nursery, defined 1 20 173 drugs: adulterated defined 116 20 174 patent medicine sales 117 20 175 habit forming sale regulated 126 20 176 confiscated 127 20 176 nurses, when considered to be trained . . . 219 20 177 poison ivy forbidden 221 20 177 towels, common, forbidden 214 20 177 Seal of city 2 1 1 Snow and ice 21 22 177 Stands under L stairs 149 23 178 Streets: awnings. 43 23 178 obstructions and encumbrances: stands under L stairs 149 23 178 Traffic regulations: rules of road, peddlers 13 24 179 1 I i"