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ventilated by a skylight, opening directly to the outer air; except that a room which cannot be made to comply with the above provisions may be occupied if provided with a sash window of not less than fifteen square feet in area, opening into an adjoining room in the same apartment, group or suite of rooms, which latter room either opens directly on the street or on a rear yard of the above dimensions or itself connects by a similar sash window or series of windows with such an outer room. Said sash window shall be a vertically sliding pulley-hung sash not less than three feet by five feet between stop beads, both halves shall be made so as to readily open, and the lower half shall be glazed with translucent glass, and so far as possible it shall be in line with windows in the said outer room opening on the street or rear yard so as to afford a maximum of light and ventilation.

SEC. 90. Public Halls and Stairs, Lighting and Ventilation of. In all multiple-dwellings erected prior to the passage of this act the public halls and stairs shall be provided with as much light and ventilation to the outer air as may be deemed practicable by the health officer or by such other appropriate public official as the mayor may designate, who may order the cutting in of windows and skylights and such other improvements and alterations in said dwellings as in his judgment may be necessary and appropriate to accomplish this result. All new skylights hereafter placed in such dwellings shall be in accordance with section twenty-seven of this act and shall be of such size as may be determined to be practicable by said health officer, or by such other appropriate public official as the mayor may designate.

SEC. 91. Sinks and Water-Closets. In all multiple-dwellings erected prior to the passage of this act the woodwork encasing sinks except sinks in butler's pantries, and waterclosets shall be removed and the space underneath said fixtures shall be left open. The floor and wall surfaces beneath and around the said fixtures shall be put in good order and repair, and if of wood shall be kept well painted with light colored paint. Defective and antiquated water closet fixtures shall be replaced by proper fixtures, as defined by this act.

SEC. 92. Privy Vaults, School-sinks and Water-closets. Whenever a connection with a sewer is possible, all privyvaults, school-sinks, cesspools or other similar receptacles used to receive fecal matter, urine or sewage, shall before July one, nineteen hundred eighteen, with their contents, be completely removed and the place where they were located properly disinfected under the direction of the health officer. Such appliances shall be replaced by individual water-closets of durable non-absorbent material, properly sewer-connected, and with individual traps and properly connected flush tanks providing an ample flush of water to thoroughly cleanse the bowl. Each such water-closet shall be located inside the dwelling or other building in connection with which it is to

be used in a compartment completely separated from every other water-closet, and such compartment shall contain a window of not less than four square feet in area opening directly to the street, or rear yard or on a side yard or court of the minimum sizes prescribed in sections thirteen and fourteen of this act. The floors of the water-closet compartments shall be as provided in section thirty-five of this act. Such water-closets shall be provided in such numbers as required by section sixty-seven of this act. Such water-closets and all plumbing in connection therewith shall be sanitary in every respect and, except as in this act otherwise provided, shall be in accordance with the local ordinances and regulations in relation to plumbing and drainage. Pan plunger and long hopper closets will not be permitted except upon written permit of the health officer, or such other appropriate. public official as the mayor may designate. No water-closet shall be placed out of doors.

SEC. 93. Basement and Cellars. The floor of the cellar or lowest floor of every dwelling shall be free from dampness, and, when necessary in the judgment of the health officer or such other appropriate public official as the mayor may designate, shall be concreted with not less than three inches of concrete of good quality and with a finished surface. The cellar ceiling of every dwelling shall be plastered, when so required by the health officer, or by such other appropriate public official as the mayor may designate.

SEC. 94. Shafts and Courts. In every dwelling where there is a court or shaft of any kind, there shall be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be properly cleaned out: Provided, That where there is already a window giving proper access it shall be deemed sufficient.

SEC. 95. Egress. Every multiple-dwelling exceeding one story in height shall have at least two independent ways of egress constructed and arranged as provided in section thirtynine of this act. In the case of multiple-dwellings erected prior to the passage of this act where it is not practicable in the judgment of the superintendent of buildings to comply in all respects with the provisions of that section, said superintendent of buildings shall make such requirements as may be appropriate to secure proper means of egress from such multiple-dwellings for all the occupants thereof. No existing fire-escape shall be deemed a sufficient means of egress unless the following conditions are complied with:

(1) All parts of it shall be of iron, cement or stone.

(2) The fire escape shall consist of outside balconies which shall be properly connected with each other by adequate stairs or stationary ladders, with openings not less than twenty-four by twenty-eight inches.

(3) All fire escapes shall have proper drop ladders or stairways from the lowest balcony of sufficient length to reach a safe landing place beneath.

(4) All fire escapes not on the street shall have a safe and adequate means of egress from the yard or court to the street or alley or to the adjoining premises.

(5) Prompt and ready access shall be had to all fire escapes, which shall not be obstructed by bath tubs, waterclosets, sinks or other fixtures, or in any other way.

All fire-escapes that are already erected which do not conform to the requirements of this section may be altered by the owner to make them so conform in lieu of providing new fire-escapes, but no existing fire-escape shall be extended or have its location changed except with the written approval of the superintendent of buildings. All fire-escapes hereafter erected on any multiple-dwelling shall be located and constructed as prescribed in section forty of this act.

SEC. 96. Additional Means of Egress. Whenever any multiple-dwelling is not provided with sufficient means of egress in case of fire the superintendent of buildings shall order such additional means of egress as may be necessary.

SEC. 97. Roof Egress; Scuttles and Bulkheads. Unless there is a bulkhead in the roof there shall be over every inside stairway used by more than one family, a skylight or scuttle not less than two feet by three feet in size. Every flat roof multiple-dwelling, exceeding one story in height, shall have at least one convenient and permanent means of access to the roof located in a public part of the building and not in a room or closet.

ARTICLE VI.

Requirements and Remedies.

SEC. 98. Permit to Commence Building. Before the construction or alteration of a dwelling, or the alteration or conversion of a building for use as a dwelling is commenced and before the construction or alteration of any building or structure on the same lot with a dwelling, the owner, or his agent or architect shall submit to the health officer or such other appropriate public official as the mayor may designate, a detailed statement in writing, verified by the affidavit of the person making the same, of the specifications for such dwelling or building, upon blanks or forms to be furnished by such health officer or by such other appropriate public official as the mayor may designate and also full and complete copies of the plans of such work. With such statement there shall be submitted a plat of the lot showing the dimensions of the same, the location of the proposed building and all other buildings on the lot. Such statement shall give in full the

name and residence, by street and number, of the owner or owners of such dwelling or building and the purposes for which such dwelling or building will be used. If such construction, alteration or conversion is proposed to be made by any other person than the owner of the land in fee, such statement shall contain the full name and residence, by street and number, not only of the owner of the land but of every person interested in such dwelling, either as owner, lessee or in any representative capacity. Said affidavit shall allege that said specifications and plans are true and contain a correct description of such dwelling, building, structure, lot and proposed work. The statements and affidavits herein provided for may be made by the owner, his agent or architect, or by the person who proposes to make the construction, alteration or conversion or by the agent or architect of such person. No one, however, shall be recognized as the agent of the owner or of such person unless he shall file with said health officer or such other appropriate public official as the mayor may designate, a written instrument signed by such owner or person, as the case may be, designating him as such agent. Any false swearing in a material point in any such affidavit shall be deemed perjury. Such specifications, plans and statements shall be filed in the said health department and shall be deemed public records, but no such specifications, plans or statements shall be removed from said health department. The health officer or such other appropriate public official as the mayor may designate, shall cause all such plans and specifications to be examined. If such plans and specifications conform to the provisions of this act, they shall be approved by the health officer or by such other appropriate public official as the mayor may designate, or his duly authorized assistant, and a written certificate to that effect shall be issued by him to the person submitting the same. The health officer or such other appropriate public official as the mayor may designate, may, from time to time, approve changes in any plans and specifications previously approved by him, provided the plans and specifications when so changed shall be in conformity with law. The construction, alteration or conversion of such dwelling, building or structure, or any part thereof, shall not be commenced until the filing of such specifications, plans and statements, and the approval thereof, as above provided. No permit shall be granted and no plan approved by the department of buildings, where such exists, for the construction or alteration of a dwelling or for the alteration or conversion of any building for use as a dwelling until there has been filed in the office of the department of buildings a certificate of the health officer or such other appropriate public official as the mayor may designate, issued as above provided to the effect that such dwelling conforms to the provisions of this act. The construction, alteration or conversion of such

dwelling, building or structure shall be in accordance with such approved specifications and plans. Any permit or approval which may be issued by the health officer or by such other appropriate public official as the mayor may designate, but under which no work has been done above the foundation walls within one year from the time of the issuance of such permit or approval shall expire by limitation. The health officer or such other appropriate public official as the mayor may designate or his duly authorized assistant shall have power to revoke or cancel any permit or approval in case of any failure or neglect to comply with any of the provisions of this act, or in case any false statement or representation is made in any specifications, plans or statements submitted or filed for such permit or approval.

SEC. 99. Certificate of Compliance. No building hereafter constructed as or altered into a dwelling shall be occupied in whole or in part for human habitation until the issuance of a certificate by the health officer or by such other appropriate public official as the mayor may designate, that said dwelling conforms in all respects to the requirements of this act relative to dwellings hereafter erected. Such certificate shall be issued within fifteen days after written application therefor if said dwelling at the date of such application shall be entitled thereto.

SEC. 100. Unlawful Occupation. If any building hereafter constructed as or altered into a dwelling be occupied in whole or in part for human habitation in violation of the last section, during such unlawful occupation no rent shall be recoverable by the owner or lessee of such premises for said period, and no action or special proceedings shall be maintained therefor or payment of such for possession of said premises for non rent, and said premises shall be deemed unfit for human habitation and the health officer may cause them to be vacated accordingly.

SEC. 101. Penalties for Violations. Every person who shall violate or assist in the violation of any provision of this act shall be guilty of a misdemeanor punishable, if the offense be not wilful, by a fine of not less than ten dollars or more than one hundred dollars, and in default in payment thereof, by imprisonment in the county jail for one day for each and every day that such violation has continued, and if the offense is wilful, by imprisonment in the county jail for ten days for each and every day that such violation shall continue, and by a fine of not less than fifty dollars and no more than two hundred fifty dollars, or by both such fine and imprisonment in the discretion of the court. The owner of any dwelling, or of any building or structure upon the same lot with a dwelling, or of the said lot, where any violation of this act or a nuisance exists, who has been guilty of such violation or of creating or permitting the existence of such nuisance, and any person who shall violate or assist in violating any provision

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