yard a greater distance than six feet from the side wall of the building nor exceed twelve feet in its other horizontal dimension, or to cornices not exceeding eighteen inches in width.

(16) Fireproof Dwelling. A "fireproof dwelling" is one the walls of which are constructed of brick, stone, cement, iron or other hard incombustible material and in which there are no wood beams or lintels and in which the floors, roofs, stair halls and public halls are built entirely of brick, stone, cement, iron or other hard incombustible material, and in which no wood work or other inflammable material is used in any of the partitions, furrings or ceilings. But this definition shall not be construed as prohibiting elsewhere than in the public halls the use of wooden flooring on top of the fireproof floors or the use of wooden sleepers, nor as prohibiting wooden handrails or treads of hard wood not less than two inches thick.

(17) Wooden Buildings. "Wooden building" is a building of which the exterior walls or a portion thereof are of wood. Court walls are exterior walls.

(18) Nuisance. The word "nuisance" shall be held to embrace public nuisance as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; whatever dwelling is overcrowded with occupants or is not provided with adequate ingress and egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted, in reference to its intended or actual use; and whatever renders the air or human food or drink unwholesome, are also severally, in contemplation of this act, nuisances; and all such nuisances are hereby declared illegal.

(19) Construction of Certain Words. The word "shall" is always mandatory and not directory, and denotes that the dwelling shall be maintained in all respects according to the mandate as long as it continues to be a dwelling. Wherever the words "charter," "ordinances," "regulations," "superintendent of buildings," "health department," "the board of health," "health officer," or such other appropriate public official as the mayor may designate "commissioner of public safety," "commissioner of public health," "department charged with the enforcement of this act," "corporation counsel," "mayor," "city treasury," or "fire limits" occur in this act they shall be construed as if followed by the words "of the city or village in which the dwelling is situated." Wherever the words "health department," "health officer," or such other appropriate public official as the mayor may designate, or "duly authorized assistant" or "board of health," "commissioner of public safety," or "commissioner of public health" are employed in this act, such words shall be deemed and construed to mean the official or officials in any city or village to whom is committed the charge of safeguarding the public health. The terms "superinten

dent of buildings," "building department" and "inspector of buildings" shall embrace the department and the executive head thereof specially charged with the execution of laws and ordinances relating to the construction of buildings. Wherever the words "occupied" or "used" are employed in this act such words shall be construed as if followed by the words "or is intended, arranged, designed, built, altered, converted to, rented, leased, let or hired out, to be occupied or used." Wherever the words "dwelling," "two family dwelling," "multiple dwelling," "building," "house," "premises" or "lot" are used in this act, they shall be construed as if followed by the words "or any part thereof." Wherever the words "city water" are used in this act, they shall be construed as meaning any public supply of water through street mains; and wherever the words "public sewer" are used in this act they shall be construed as meaning any part of a system of sewers that is used by the public, whether or not such part was constructed at the public expense. Wherever the word "street" is used in this act it shall be construed as including any public alley sixteen feet or more in width. "Approved fireproof material" means as set forth by ordinances, or if not so determined, as approved by the superintendent of buildings.

SEC. 3. Buildings Converted or Altered. A building not a dwelling, if thereafter converted or altered to such use shall thereupon become subject to all the provisions of this act relative to dwellings hereafter erected. A dwelling of one class if hereafter altered or converted to another class shall thereupon become subject to all the provisions of this act relative to such class.

SEC. 4. Alterations and Change in Occupancy. No dwelling hereafter erected shall at any time be altered so as to be in violation of any provision of this act. And no dwelling erected prior to the passage of this act shall at any time be altered so as to be in violation of those provisions of this act applicable to such dwelling. If any dwelling or any part thereof is occupied by more families than provided in this act, or is erected, altered or occupied contrary to law, such dwelling shall be deemed an unlawful structure, and the health officer or such other appropriate public of ficial as the mayor may designate, may cause such dwelling to be vacated. And such dwelling shall not again be occupied until it, or its occupation as the case may be, has been made to conform to the law.

SEC. 5. Dwellings Damaged. If a dwelling be damaged by fire or other cause to the extent of one-half or more of its original value, exclusive of the value of the foundations, such dwelling shall not be repaired or rebuilt except in conformity with the provisions of this act relative to dwellings hereafter erected.

SEC. 6. Dwellings Moved. If any dwelling be hereafter moved from one lot to another it shall thereupon be made

to conform to all the provisions of this act relative to dwellings hereafter erected.

SEC. 7. Sewer Connections and Water Supply. The provisions of this act with reference to sewer connections and water supply shall be deemed to apply only where connection with a public sewer and with public water mains is or becomes reasonably accessible. All questions of the practicability of such sewer and water connections shall be decided by the health officer, or by such other appropriate public of ficial as the mayor may designate.

SEC. 8. Minimum Requirements: Law Not to be Modified. The provisions of the act shall be held to be the minimum requirements adopted for the protection of health, welfare and safety of the community. Nothing herein contained shall be deemed to invalidate existing ordinances or regulations of any city or organized village or the board of health of any such city or village imposing requirements higher than the minimum requirements laid down in this act relative to light, ventilation, sanitation, fire prevention, egress, occupancy, maintenance and uses for dwellings; nor be deemed to prevent any city or organized village or the board of health of any such city or village from enacting and putting in force from time to time ordinances and regulations imposing requirements higher than the minimum requirements laid down in this act; nor shall anything herein contained be deemed to prevent such cities and organized villages or the board of health of any such city or village from prescribing for the enforcement of such ordinances and regulations, remedies and penalties similar to those prescribed herein. And every such city and organized village or the board of health of any such city or village is empowered to enact such ordinances and regulations and to prescribe for their enforcement. No ordinance, regulation, ruling or decision of any municipal body, officer or authority or the board of health of any such city or village shall repeal, amend, modify or dispense with any of the said minimum requirements laid down in this act.

SEC. 9. State Board of Health. The State Board of Health shall have the power to examine into the enforcement of this act in each city. Whenever required by the Governor it shall make such an examination and shall report the results thereof to the Governor within the time prescribed by him.

SEC. 10. Time for Compliance. All improvements specifically required by this act upon dwellings erected prior to the date of its passage shall be made within one year from said date, or at such earlier period as may be fixed by the health officer or by such other appropriate public official as the mayor may designate.

ARTICLE II.

Dwellings Hereafter Erected.

Title I.-Light and Ventilation.

SEC. 11. Height. No dwelling hereafter erected shall exceed the width of the widest street upon which it abuts, nor in any case shall it exceed one hundred feet in height. Such width of street shall be measured from front line of the building as constructed to the opposite street line. The provisions of this section shall not apply to hotels.

SEC. 12. Yards. Immediately behind every dwelling hereaf ter erected there shall be, except as hereinafter provided, a rear yard extending across the entire width of the lot. Such yard shall be at every point open and unobstructed from the ground to the sky, except in the case of corner lots, the rear yards may start at the top of the entrance story. Every part of such yard shall be directly accessible from every other part thereof. The depth of said yard shall be measured at right angles from the line of the extreme rear part of the dwelling toward the center of the rear lot line. In the case of an interior lot the rear yard space shall in no case be less than fifteen feet deep, and five feet additional for each story of the dwelling on said lot above the first, except that in case there is a public alley not less than sixteen feet wide in the rear of said lot upon which the lot abuts for its full width, the measurement for yard space may be made to the center of such alley. In case of a corner lot abutting on two streets, with no building facing the street upon which the lot abuts for the greater distance, the rear yard space shall in no case be less than ten feet deep, and five feet additional for each story of the dwelling on said lot above the first, except that in case there is a public alley not less than sixteen feet wide in the rear of said lot upon which the lot abuts for its full width, the measurement for yard space may be made to the center of such alley. In the case of a corner lot abutting on two streets, with one or more dwellings facing the street upon which the lot abuts for the greater distance, the wall parallel, or substantially parallel, to such street shall, for the purpose of this section be deemed the rear wall of such dwelling or dwellings and the yard space between such rear wall and the line of the lot parallel or substantially parallel, to such street shall in no case be less than six feet for a two story dwelling and three feet additional for each story above the second. In case of corner lots abutting on three streets, not counting the alley as a street, the rear yard need not extend across the full width of the lot, but only to its median line. Any portion of a corner

lot distant more than seventy feet from the corner line, shall be treated as an interior lot. A front yard may be of any depth. The foregoing provisions of this section shall not apply to hotels.

SEC. 13. Side Yards. Dwellings hereafter erected may be built up to the side lot line, if the side wall is without windows. If, however, any side yard is left, it shall be at every point open and unobstructed from the ground to the sky, and its width shall be proportionate to the height of the dwelling and to the length of the side yard, and no side yard shall be less in width in any part than as follows: (a) Multiple-Dwellings: In the case of all multiple-dwellings hereafter erected, one story in height and having a side yard the width of the side yard measured to the side lot line shall be four feet, such side yard shall be increased in width by one foot for each additional story above the second.

(b) Private Dwellings and Two-Family Dwellings: In the case of private-dwellings and two-family dwellings hereafter erected, one story or two stories in height and having a side yard which does not exceed sixty feet in length, the width of the side yard measured to the side lot line shall be three feet; such side yard shall be increased in width one foot for each additional story above the second, and shall be further increased in width by one foot for every ten feet or fraction thereof that the length of the side yard is in excess of sixty feet. Dwellings fronting on the same street and on a portion of a lot or plot without side lines of record shall be built having a space twice the width required above between them.

SEC. 14. Courts. The sizes of all courts in dwellings hereafter erected shall be proportionate to the height of the dwelling. No court shall be less in any part than the minimum sizes prescribed in this section. The minimum width of an outer court for a one-story dwelling shall be five feet, for a two-story dwelling six feet, for a three-story dwelling seven feet, and shall increase two feet for each additional story above three stories. The least dimension of an inner court shall never be less than twice the minimum width prescribed by this section for an outer court. The length of a court, except in the case of a side yard, shall never be greater than five times its width. The width of all courts adjoining the lot line shall be measured to the lot line and not to an opposite building.

SEC. 15. Courts Open at the Top. No court of a dwelling hereafter erected shall be covered by a roof or skylight. Every such court shall be at every point open from the ground to the sky unobstructed. Except that in the case of hotels, courts may start on the floor level of the lowest bedroom story and in the case of other multiple dwellings where there are stores or shops on the lower story or stories, courts may start on the top of such lower story or stories.