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Full text of "Digest of the statutes relating to the survey and inspection of buildings in the city of Boston, 1873"

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CITY OF BOSTOI^. 



DIGEST 



OF THE 



STATUTES 



RELATING TO THE 



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IN THE 



oiTiT o:f BOSTOIsT. 



1873. 




BOSTON: 

PRESS OF ROCKWELL AND CHURCHILL, 

122 Washington Stbbbt. 

1873. 



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OEGAMZATION OF DEPAETMENT. 

^n^pettor of ^uil!tnngs. 
DAVID CHAMBERLIiT Residence, 33 Dmtcght Street. 

Clerk of gtpartmtnt. . ' 

WILLIAM H. LEE Residence, 47 Clarence Street. 

gissistant Inspectors. 

THOMAS P. SWEAT . . . Residence, 173 Ruggles Street. 

JOBGS" B. ROTS " 2 Carlton Street. 

MARSBLILL LIVERMORE . *' 58 Bartlett Street. 

WILLIAM FRYE " 13 Washington Place. 

OLIVER L. SHAW .... " 24 White Street. 

HARTFORD DAVENPORT . " Hancock, near Columbla. St. 



OFFICE, CITY HALL {BASEMEUT). 



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STATUTES 

BSLATING TO THE 

REGULATION AND INSPECTION OF BUILDINGS, 
THE MORE EFFECTUAL PREVENTION OF 
FIRE, AND THE BETTER PRESERVA- 
TION OF LIFE AND PROPERTY, 
IN THE CITY OF BOSTON. 



EXEMPTIONS. 

The following buildings and works shall be exempt from igzi, c. aso. 
the operations of this act : — * 

1. Bridges, quays, wharves. 

Buildings belonging to, or occupied by, the govern- 
ments of the United States and the Commonwealth of 
Massachusetts. 

BUILDING LIMITS. 

2. The city, council of the city of Boston shall, within Building lim- 
gixty days after the passage of this act, establish and de- its to be e«tab- 
fine the limits within which all buildings thereafter erected ibid.5».. 
shall conform to the provisions of this act; and said city 

council may, from time to time, by ordinance, extend and 
define the said limits as they may deem proper, due legal 
notice being given thereof. ....-<,- 

(By an ordinance approved July 8, 1871, entitled "An ^, 

ordinance in relation to the regulation and inspection of 
buildings," the following limits were established and 
..defined. . • , ;_ , v,j\;o^ ^;h^r >c ^2.:.^^:.:- 



187]. c. 280,^ 3. Beginning at the intersection of the centre line of 
Building hni- p^ygj. ^^(j Albany streets, thence running eastwardly 
through the centre of Dover street to the Harbor Com- 
missioner's line ; thence around the northerly portion of 
the ** City Proper," by the said Harbor Commissioner's 
line to a point on Charles river, opposite the centre line 
of Parker street, or cross dam ; thence through the centre 
of Parker street or cross dam to a point opposite the 
centre of Ruggles street; thence through the centre of 
Ruggles street to the centre of Washington street ; thence 
through the centre of Washington street to a point oppo- 
site the centre of Palmer street ; thence through the centre 
of Palmer and Eustis streets to the centre of Hampden 
street; and thence through the centre of Hampden and 
Albany streets to the point of beginning. 

The said district being shown by a shaded red line on a 
plan made by the City Surveyor, d^ted June 26, 1871, and 
deposited in the office of the City Surveyor.) 

APPLICATION OF ACT. 

Application of 3. With the exceptions hereinbefore or hereinafter 

wi 280 mentioned, this act shall apply to all buildings hereafter 

1^ 14. erected within tlie building limits of the city of Boston, 

and to all tenement or lodging houses and all buildings 

built of brick, stone, or other non- combustible material 

" outside of the said limits, but within the city of Boston. 

Alterations or Any work of alteration or addition made or done for 

Hdditions. g^jjy purpose in, to or upon any building, except that of 

Ibid. § 15. , /». . -1 . ^ •!_ 

necesssary repairs not affecting the construction oi the 
external or party walls, chimneys or stairways of a build- 
ing, shall, to the extent of such work of alteration or 
addition, be subject to the regulations of this act. 
uuiidings not No building already erected or hereafter to be built in 

,to be raised or ^ " , 

\buiit upon in gaid city shall be raised or built upon m such manner that 

violation of •' 

BTOvisionB of were such building wholly built or constructed after the 
1^2, c. S71, passage of this act, it would be in violation of any of the 

fi 21. 

i 

J • - ' 



^lovisions of this act. And before any building built of 1872, c 371, 
^-" ' stone, brick or iron, or any wooden building with or ^ " 
W^ without a brick front, in any part of said city, shall be 
^" enlarged, raised, altered or built upon, the same shall be 
^^ first examined by the said inspector, to ascertain if the 
f? building or buildings, or either of them, are in a good and 
:^* safe condition to be enlarged, raised, altered or built 
^ upon ; and no such building as aforesaid shall be enlarged, 
'0i raised, altered or built upon until after such examination 
-^^ and decision; and the decision of said inspector under 
such examination shall be final and conclusive in the 
premises, except as hereinafter provided, and shall be 
made without delay. 



CONSTRUCTION OF BUILDINGS. 

4-. Every building shall be built of brick, stone, iron or To be built of 
other hard and incombustible material, and with founda- c^bartibie' 
tioris resting upon the solid ground, not less than four feet materia], 
below the surface exposed to frost, or upon concrete, piles §09'*^ 
or other solid substructure. 

Every wall constructed of brick, stone, or other similar ^,^^^^^ 

■^ ' ' solidly built. 

substance, shalt be properly bonded and solidly built with 

inortar or cement. 

: The thickness of every wall, as hereinafter determined, 

shall be the minimum thickness as applied to solid walls. 
5. The height of every external or party wall, as re- Height of 

ferred to in this act, or in the act of which this act is an measured 
« amendment, or in any act in amendment thereof, shall be from sidewalk. 

measured from the level of the sidewalk to its highest '"' 
I point. ■ -^ • 

^'^, In all calculations for the strength of materials to Calculation^ 

be used in any building, the proportion between the safe ^Ii^^ 
• weight and the breaking weight shall be as one to three, ibid. § a. 

for all beams, girders and other pieces subjected to a 

. cross strain, and as one to six, for all posts, columns and 

■; other vertical supports, and for all tie-rods, tie-beams, and 



8 

W72, e.37i,S9. Other pieces subjected to a tensile strain; anu «ue rei^u.. 
site dimensions of each piece of material are to be ascer- 
tained by computation by the rules given by the best 
authorities, using for constants in the rules only such 
numbers as have been deduced from experiments on 
materials of like kind with that proposed to be used. 

WOODEN BUILDINGS. 

Wooden ad- 7. No woodeu or frame building shall hereafter be built 
imX-'^iBO s 1. "'^ithin the said building limits of the city of Boston, ex- 
cept as hereinafter provided, and no wooden addition shall 
be mide to any building within said limits which shall ex- 
ceed fifteen feet in height from the ground to the highest 
part thereof, or which shall exceed five hundred super- 
ficial feet in area; and not more than one wooden addi- 
tion shall be allowed to be built to any building within the 
said building limits. 

No wooden building shall be moved from any lot out- 
side of the said limits to any lot within tlie said limits. . 
Sheds for stor- It shall be lawful to erect wooden or frame sheds, for 
age may be gtorage or Other purposes, upon wharves within the 
wtuures. building limits of the city of Boston, upon the following 
conditions, namely: — Every such shed shall not exceed 
twenty-seven feet in height from the level of the wharf to 
the peak or highest point thereof. It shall be located 
and constructed in such a manner as the inspector of 
buildings may direct, and the roof and other external 
parts thereof shall be covered with non-combustible 
material, to be approved by said inspector. . v y'; 

csty Council The city council of Boston may authorize the erection, 
may authorize ^jtijin the building limits, of elevators for grain or coal 

elevators, etc. o 7 , o 

▼ithin ijinite. to a height greater than twenty-seven feet, and of sheds 
shedflatbuiid- ^^j. ^^^ storage of lumber and for mechanical purposes. . 

ing sites. ° ^ 

The inspector of buildings may grant the privilege of 
', erecting temporary sheds at building sites for the use of 

builders.- 



;^;^ 



The city council of the city of Boston shall have con- isrs, c. 260, 
trol and direction of the building of wooden buildings I}- „ 

® ® City Council 

outside of said limits, but within said city, and may to control 
authorize such buildings upon such terms and conditions """oo^^n buiid- 

mgs outside of 

as they may deem expedient. Umits. 

8. It shall, however, be lawful for the owner, or other wooden 
party interested, to make any necessary repairs upon any buildings may 
wooden or frame building already built, provided that the i87i, c. 280, 
height of said building shall not be increased. ^ ^^• 

It shall also be lawful to substitute for a pitch roof, a Fiat root may 
flat roof covered with metal or other non-combustible ^e substituted 

for pitch. 

material. 

No buUding now erected, or hereafter to be erected, 
shall be altered, raised, roofed, enlarged or otherwise 
built upon in any manner contrary to the terms of this 
act. 

DBFDTITION OP TERMS. 

9. In, the construction of this act, if not inconsistent Definition of 

t^nns 

with the context, the following terms shall have the re- 1871, c.280,§2. 
spective meanmgs hereinafter assigned to them : — ^873, c. 338, 

"External wall" shall apply to every outer wall or External wau. 
vertical enclosure of a building, other than a party wall. 

*' Party wall" shall apply to every wall used, or built, Party wall, 
as a separation of any building from any other building, 
with the view to the same being occupied by different 
persons. 

"FomrDATiON wall " shall be understood to mean that Foundation 
portion of external walls below the level of the street curb, 
and for walls not on any street, that portion of the wall 
below the level of the ground outside of the wall. 

*' Partition wall " shall be understood to mean any Partidonwaii. 
interior wall of masonry in a building. 

A " TENEMENT HOUSE " shall be taken to mean and Tenement 
include every house, building or portion thereof which is ^°"'*' 
rented, leased, let or hired out to be occupied, or is occu- 
pied as the house or residence of more than three families 



10 



1871, c. 280, 
§2. 



Lodging 
house. 



Cellar. 



living independently of one another, and doing their cook- 
ing upon the premises, or by more than two families upon 
a floor, so living and cooking, but having a common right 
in the halls, stairways, yards, water-closets or privies, or 
some of them. 

A " LODGING HOUSE " shall be taken to mean and include 
any house or building, or portion thereof, in which persons 
are lodged for hire for a single night or for less than a week 
at one time. 

A " cellar" shall be taken to mean and include every 
basement or lower story of any building or house, of which 
one-half or more of the height from the floor to the ceiling 
is below the level of the street adjoining. 



Piles to be of! 
Buitable stock 
and driven to 
hard-pan. 
1871, e. 280, 
§24. 

Piles, tops to 
be cut off, etc. 

Inspector to 
give grade for 
cutting piles. 
Number of 
piles and how 
spaced. 



Drains. 
Ibid. § 32. 



Suildings on 
filled land to 
have cellar 
•oncreted. 
Ibid. § 33. 



Air-space be- 



PILES, CELLARS AND DRAINS. 

10. "Where piles are driven for a foundation, they shall 
be of suitable stock, and driven to a firm and solid bearing 
upon "hard-pan," — to be ascertained by boring. 

The tops of the piles shall be cut off on a level below 
the natural level of the water, as it stands in the ground 
during the summer months. 

It shall be the duty of the inspector of buildings to give 
the grades at which piles may be cut off. 

Buildings exceeding thirty -five feet in height shall have 
not less than two rows of piles under all external and 
party walls, and the piles shall be spaced not over three 
feet on centres in the direction of the length of the wall. 

11. All buildings hereafter built within the above limits 
shall have proper brick, iron or tile drains laid with air- 
tight joints, with a proper pitch to the city sewer, and shall 
be properly entered therein. 

12. All buOdings built upon filled or made land shall 
have a bed of concrete, made of hydraulic cement and 
gravel, or tar and gravel, spread over the cellar bottom, 
or shall be paved with brick laid in cement, throughout the 
whole extent of the building ; and, where there is a base- 
ment floor over the cellar bottom, leaving an air-space 



''?■::- -^ 



11 

between the concrete and said floor, the air-space shall be isn, c. 280, 
ventilated by an opening into a flue in the chimney of the l^^ ^^^^ 

building. and concrete 

[See sections 46, 47 and 48 of this digest for special 
regulations respecting tenement houses, and appendix D 
for grade of cellars and basements.] 



FOUNDATION, EXTERNAL AND PARTY WALLS. 

DWELLIKG-HOUSES. 

13. Eor dwelling-houses with walls not exceeding thirty- Thickness of 
fire feet in height, foundation walls, laid with block stone isri, c.280, 
in horizontal courses, or in brick laid in cement, shall be §21. 

. , , . , -, , , 1872, c. 371, § 

not less than sixteen mches thick, and external and party waiu not ex- 
walls of brick shall be not less than twelve inches thick for ceeding 35 fee 

, . , . , in height. 

the entire height. 

Eor dwelling-houses with walls exceeding thirty-five and Exceeding 35 
not exceeding fifty-five feet in height, foundation walls laid c^dTngssh. 
with block stone in horizontal courses shall be not less than 
eighteen inches thick ; if of brick, the foundation shall be 
sixteen inches thick, and laid in cement. External brick 
walls shall be not less than twelve inches thick; party 
walls of brick shall be not less than twelve inches thick 
for the entire height. 

Eor dwelling-houses with walls exceeding fifty-five feet Exceeding 55 
in height, foundation walls, laid with block stone in hori- ^ ^^ ^'^ 
zontal courses, or brick laid in cement, shall be not less 
than twenty inches thick. External and party brick walls 
shall be not less than twelve inches thick for the entire 
height. 

The thickness of foundation walls laid with irregular Rubble work 
rubble work shall be one-fourth greater than the thickness fourth thicker 
given for block stone walls. tha° block 

stone. 



12 



BUILDINGS OTHER THAN DWELLING-HOUSES. 

Thickness of 14. Buildings other than dwelling-houses shall have 

1871 ^c. 280 walls of the following thickness : — 

§ 22. J'or buildings in which the walls do not exceed thirty- 

1872 c 871 §1 ^^^ ^^^^ ^^ height, the foundation walls shall be laid of 
1873, e.298,§i. block stoue in horizontal courses not less than twenty- four 
ceeding 35 feet i^ches thick, the external walls shall not be less than six- 
in height. teen inches thick to the top of the upper floor, and not 

less than twelve inches thick for the remaining height. 
Exceeding 35 Tor buildings in which the walls exceed thirty-five feet 
feet in height. ^^ height, the foundation walls shall be laid of block stone 
in horizontal courses not less than twenty-eight inches 
thick", the external walls not less than twenty inches thick 
to the top of the third floor, and not less than sixteen inches • 
thick for the remaining height. 
Patty walls. AH party walls shall be not less than twenty inches thick 
to the top of the second floor above the street, and not less 
than sixteen inches thick to the underside of the roof 
boards, and not less than twelve inches thick for the 
remaining height. 
Thickness of In all buildings over twenty-five feet in width, not hav- 
tobeTnVised i"g either brick partition walls, or girders supported by 
in certain columus running from front to rear, the external walls 
shall be increased four inches in thickness for every addi- 
tional twenty-five feet in the width of said building. 
Bottom course The bottom course for all foundation walls resting upon 
to be wider. ^^^ ground shall be at least twelve inches -wider than the 

thickness above given for the foundation walls. 
Piers and but- The amount of materials above specified for external 
walls may be used either in piers or buttresses ; provided, 
the external walls between said piers or buttresses shall 
in no case be less than twelve inches thick. If adjoining 
owners, instead of a party wall, shall each at the same 
time erect a wall on his own land, such walls may be 
twelve inches each in thickness, to such height as they 
shall be contiguous. 



tresses. 



13 

15. The external walls of buildings intended to be used stables and 

/.-i-i ^ T 1 1 -L workshops, 

for Stables or for workshops of a light character may be external walls 
built of a less thickness than herein before specified; °*'- 

. 1872, c. 371, § 4. 

provided, that any such building shall not exceed thirty 
feet in height to its highest point, and forty feet in length 
or width, and that the said walls shall in no case be less 
than twelve inches thick. 

16. Yaulted party walls may be used instead of solid Vaulted party 
walls. They shall be built at least twenty inches thick n^ssotand" 
from the foundation walls to the underside of the roof how con- 
boarding. Said walls shall be constructed of two ou.ter j^.^^ ^ 
walls of equal thickness, with an air-space between them 

of four inches, and tied together perpendicularly with con- 
tinuous withes of hard-burned brick of good quality, which 
shall be not more than three feet apart. The air-space 
shall be smoothly plastered. 

17. Every building hereafter erected, more than thirty Partition 
feet in width, except churches, theatres, railroad-station j^^j^ g g 
buildings, and other public buildings, shall have one or i873,c.293,§3. 
more brick or stone partition walls running from front to 

rear, and carried up to a height not less than the top of the 
second story floor joists ; said wall or walls may be four 
inches less in thickness than is called for by the provisions 
relating to the thickness of walls ; these walls shall be so 
located that the space between any two of the floor-bearing 
walls of the building shall not be oyer twenty-five feet. 

^ron or wooden girders, supported upon iron or wooden Girders may 
columns, or brick piers, may be substituted in place of ^^ p"artitiou *^ 
partition walls, and shall be made of sufficient strength to wau. 
bear safely the weight which tbey are intended to support, 
in addition to the weight of material employed in their 
construction, and shall have a footing course or leveller 
for each column not less than three feet six inches square, 
and one foot six inches thick. 

If the girders resting on said columns are entirely of 
wood, said columns shall not be more than twelve feet 
apart on the line of the girders. * 

2 



14 



Hall partitionB 
in tenement 
houses. 
1873, c. 298, §6. 



Exterior -walls 
faced ■with 
stone. 
]87], c. 280, 
S29. 



Stone facing to 

be securely 

tied. 

Stone cornice 

to balance on 

■wall. 



In every brick 
■wall every 
ninth course 
shall be a 
heading 
course, except, 
etc. 

1872, c. 371, §5. 

1873, c. 298, §2. 



.alls faced 
.'ith thin ash- 
iar. 



Heading 
courBes. 

Backing of 

■walls. 



In any building hereafter to be erected, to be occupied 
as a tenement or lodging bouse, in which the lower part 
is intended to be used for business or manufacturing pur- 
poses of any kind, or which is intended to be occupied by 
more than four families, the hall partitions from the cellar 
to the second floor shall be built of brick. 

18. Exterior walls, faced with stone, shall have a back- 
ing ef not less than eight inches of hard brickwork laid 
in mortar. But in no case shall the thickness of stone 
and backing, taken together, be less than the thickness 
required for a brick wall of the same height. 

Tlie stone facing of a wall shall always be securely tied 
to the brick backing by means .of metal clamps. 

In all cases where a wall i? finished with a stone cornice, 
the greatest weight of material of such cornice shall be 
on the inside of the face of the wall, so that the cornice 
shall firmly balance upon the wall. 

19. In every brick wall, every ninth course of brick 
shall be a heading course, except in walls built with some 
bond in which as much as every ninth course is a heading 
course, and except \^here walls are faced with face brick, 
in which case every ninth course shall be bonded with 
Flemish header or by cutting the course of the face brick, 
and putting in diagonal headers behind the same, or by 
splitting face brick in half, and backing the same by a 
continuous row of headers. 

In all walls which are faced with thin ashlar, anchored 
to the backing, or in w^hich the ashlar has not either alter- 
nate headers and stretchers in each course, or alternating 
heading and stretching courses, the backing of brick shall 
not be less than twelve inches thick, and each stone of said 
ashlar work shall be securely tied to the backing by one 
or more suitable metal anchors. All heading courses shall 
be 'good, hard, perfect brick. 

The backing in all walls, of whatever material it may 
be composed, shall be of such thickness as to make all 
walls, the facing of which is less than four inches thick, 



15 . 

independent of the facing, conform, as to thickness, with i872, c. sn, § 5. 
the requirements of sections one and two of this act. 73,c.-8,^-. 
(Chap. 371, 1872.) 

20. It shall not be lawful to erect, construct or build "^^iis not to 

- ■ , T . . . . ,, be supported 

any rear, front, party, division or partition wall, upon by woodwork. 
wooden girders, rafters or lintels, or to support any such 1872, c. S7i. § 7. 
wall by any wooden support whatever ; but all such sup- 
ports shall be of iron, brick or stone, and of sufficient - 
size and strength to support the superstructure. 

All lintels used to support walls or other weights over Lintels to be 
openings, shall be of sufficient strength and bearing to gtren<'th "etc 
carry the superimposed weight, and shall, when supported and to rest up- 
at the end by brick walls or piers, rest upon an iron plate *^° "°°^ ^ ^ ** 
at least two inches thick, the full size of the bearing. 

No timber shall be used in any wall of any building, Xo timber to 
where stone, brick, or iron is commonly used, except arch ^^^^^^ii'^ 
forms for interior arched openings. 

21. In no case shall the side, end or party wall of any side, end or 
building be carried up in advance of the rear walls. , party walls not 

'^ ^ . ' to be carried 

The front, rear, side, end and party walls of any build- up in advance 
ing hereafter to be erected, sfiall be anchored to each ?£5„®"If,"'' 

° , ' 1872,0.371, 

other every ten feet m their height, by tie-anchors, made § 10. 

of at- least one and a quarter-inch by three-eighths of an ^^^ '° "^^ 

^ - •' ° anchored to 

inch wrought iron. each other. 

The said anchors shall be built into the side or party 
walls not less than thirty-six inches; and into the front 
and rear walls at least one-half the thickness of the front 
and rear walls ; so as to secure the front and rear walls 
to the side, end, or party walls. 

The side, end or party walls, shall be anchored at each "WaUstobe 
tier of beams, at intervals .of -not more than ten feet apart, ^^ o'eato 
with good, strong, wrought-iron anchors, at least one-half 
inch by one and one-half inch, well built into the side pQ^^^y^' 
walls, and fastened to the top of the beams ; and where girders to be 
the beams are supported by girders, the ends of the beams g^and °^^ 
resting on the girder shall be butted together, end to end, strapped. 



16 



1872, c. 371, 
§10. 

Mortar. 



Party walls to 
be carried up 
above roof 
covering and 
corbelled out. 
1S72, c. 371, 
§11. 



Mansard or 
French roof. 



Gutter stone 
may be used. 

Eecesses and 
openings in 
walls. 
1871, c. 280, 
§25. 



Doorways in 
party waUs. 
Notice to be 
filed with In- 
spector of 
Buildings. 
Size of door- 
way. 



and strapped by wrought-iron straps or tie-irons, at the 
same distances apart, and in the same beams as the wall 
anchors, and shall be well-fastened. 

All mortar shall be of the best quality for the purpose 
/or which it is applied. 

22. All party walls shall be carried up to a height of 
not less than two and one-half feet ^above the roof cover- 
ing, with the full thickness of the party wall, and shall 
be coped with stone or iron securely fastened. And 
where there is a flat, hip or pitch roof, the party wall 
shall be carried up to a height of not less than two and 
one-half feet above the roof covering, at every part of 
said roof, and shall be corbelled at least twelve inches, or 
to the outer edge of all projections on- the front or rear 
walls of the building. 

And where the roof is of the kind known as Mansard 
or French, or of any style excepting as above specified, 
unless the same is constructed of fire-proof materials 
throughout, the party wall shall be carried up to a height 
of not less than two and one-half feet above the flat or 
upper slope of said roof, and shall extend through the 
lower slope, at least eighteen inches distant from and 
parallel with the roof covering, and be corbelled out at 
least twelve inches, or to the outer edge of all projections, 
and shall be coped with stone or irpn : provided, that if a 
gutter-stone of suitable dimensions and properly balanced 
shall be inserted, it shall be equivalent to corbelling. 

23. Eecesses and openings may be made in external 
walls, provided the thickness of the backs of such re- 
cesses be not less than eight inches, and provided the 
whole area of all the recesses and openings in any wall 
do not exceed one-half of the area of said wall. 

Whenever it becomes desirable to cut a doorway 
through any party wall separating two buildings, a notice 
of the intention to do so shall be filed with the inspector 
of buildings. 

Any such doorway shall not exceed ten feet in height 



17 - 

by eight feet in width, and shall have top, bottom and isri, c. 280, 
sides of stone, brick or iron. '^' 

The' said doorway shall be closed by two sets of i^o'^^^o^e 

1 . , -1-11 -IT i^oi or metal- 

wrought-iron or metal-covered doors, hung to rebated covered. 
iron frames, and separated by the thickness of the wall. 
And whenever such doorway ceases to be used, it shall 
be immediately filled up with masonry. 

No continuous vertical recess of more than four inches ^o continuous 

vcrtic&l recess 

in depth shall be made in any twelve-inch party wall, and ^ exceed four 
no recess of any kind shall be made in any eight-inch inches in 

,, depth. 

party wall. 

PIERS, COLUMNS, ETC. 

24. All piers shall be built of good, hard, weU-burnt Piers to be of 
brick, and laid in clear cement, and all bricks used in brick, a"d 
piers shall be of the hardest quality, and be well wet laid in clear 

T_ T . J cement. 

when laid. i872,c.37i,§8. 

Isolated brick piers under all lintels, girders, iron or W3,c.293,i5. 
other columns shall have a cap-iron at least two inches 
thick, or a granite cap-stone at least twelve inches thick, 
the fall size of the pier. .. 

In the case of an external brick pier, the plate may be isolated piers 
reduced sufficiently in size to allow four inches of brick ^^^"^^ '^^^ 
work to intervene between the edge or edges of the plate, - 

and the face or faces of the pier exposed to the weatber. 

Columns supported by brick walls or piers shall rest Columns to 
upon an iron plate at least two inches thick, or upon a pute" or gran- 
granite capstone at least twelve inches thick, of a size i*^ capstone, 
satisfactory to the inspector of buildings. 

Under iron columns shall in all cases be an iron plate 
of not less than one and one-half inches in thickness. 

25. Piers or columns supporting walls of masonry Footinj? 
shall have for a footing course a broad leveller, or lev- course for 

piers or col- 

ellegrs, of block stone not less than sixteen inches thick, umnssupport- 
and with a bearing surface equal in area to the square of 1""^*^!!:. 

^ • 1871, c. 280, 

the width of the footing course, plus one foot required for § 23. 

a wall of the same thickness and extent as that borne by 

the pier or column. : 



. . 18 

1871, c. 280, And if the foundation of such piers or columns rests 

L^' . . upon piles, a sufficient number shall be driven to insure a 

tion for piers proper SUpport. 
and columns. 



FLOOK-BEAMS, PARTITIONS, ETC. 

Floor beams 

whoi^^su ^^* "^^ floor-beams shall be supported wholly upon any- 

ported upon wood partition, but every beam (except headers and tail- 
beams) shall rest, at one end, not less than four inches in 



wooden par. 
titions 



1872, c. 371, § 7. the wall, or upon a girder, as authorized by this act. And 
Trhnmer! and ^very trimmer or header more than four feet long, used 
headers to be in any buUding except a dwelling, shall be hung in stirrup 
rupfrous^^'^" i^ons, of Suitable thickness for the size of the timbers. 
Ends of floor- The butts or ends of all floor-beams and rafters enter- 
rafterstobe ^^S ^ brick wall shall be cut on a splay of three inches in 
splayed. their width. 

Main parti- AH main partitions supporting in any manner the floor- 
^^thrEf" b^a^s or rafters shall be placed directly over each other, 
to be placed and shall rest on a wall, girder or hard-pine capping, and 
oUie/^°^ shall head and foot against each other as far as practi- 
cable. 
Brickwork be- 27. All Toof or floor timbers, entering the same party 
anrfloor*tim- ^^^^ ^^^™ Opposite sides, shall have at least four inches 
bers. solid brickwork between the ends of said timbers. 

1872,0.371. 
§'11. 



ROOFS, ROOFING MATERIALS, ETC. 

Roofing ma- 28. All buildings hereafter built shall be roofed with 
187?^ 280 slate, tin, or other non-combustible roofing material ; and 
^30. all buildings shall have a scuttle not less than two by 

^ha've^cut- ^^^^® ^^^^j ^^^^ ^ permanent step-ladder or flight of stairs 
ties. thereto. 

No roof to be 29. No Mansard or other roof shall be constructed 
ST^in*"°°^ more than one story in height, nor more than twenty feet 
height. in height from the upper floor of the building upon which 

187^2,0.371, .^ jg placed to the highest part of said roof, unless the 
same is constructed of fire-proof material throughout. 



• 19 

No bay window shall be constructed of wood, which i872, c. sn, 
shall extend more than three feet above the second story ^^^ windows 
from the street. made of wood. 

AU the exterior parts of any building or buildings here- Exterior walls 

■> 1 • 1 1 /« ^ /• 1 • ofbuildings 

after erected which are more than forty-live feet above more than 45 
the level of the sidewalk, shall be made of or covered ^'^^' ^b*'"^^ 

•• sidewalk, to 

with non-combustible material, to be approved by the beef non- 
ins*pector of buildings. combustible 

materials. 

All fire-proof cornices shall be well secured to the walls Fire-proof 
with iron anchors, independent of any woodwork; and in cornices. 
all cases the walls shall be carried up to the planking of 
the roof, and where the cornice projects "above the roof, 
the wall shall be carried up to the top of the cornices, and 
all exterior wooden cornices that shall hereafter require 
to be replaced shall be constructed of some non-combus- 
tible material, as required for new buildings ; and all 
exterior wooden cornices or gutters that may hereafter be 
damaged by fire shall be taken down, and if replaced 
shall be constructed of fire-proof material. 

All buildings hereafter erected shall be kept provided Metallic lead- 
with proper metallic leaders for conducting the water ^uJ^*^^atej. 
from the roof to the ground, sewer or street gutter, in from roof to 
such manner as shall protect the walls and foundations ^^ ground, 
from damage; and in no case shall the water from the "Water not to 
said leaders be allowed to flow upon the sidewalk, but «®*^°JI!?'° 

■^ ' now upon 

shall be conducted by drain pipe or pipes, to the street sidewalk, 
gutter or sewer. 

30. All buildings hereafter erected or increased in Regulations 
height, except churches and grain-elevators, shall not ex- prooTroofs. 
ceed a height greater than eighty feet to the highest point i873,c.298,§9. 
from the level of the sidewalk, exclusive of chimneys and 
party walls above the roof; provided, however, that an 
additional height may be added, if said addition shall be 
constructed in a fire-proof manner, as herein named, to 
wit : All joists, beams, rafters, purlines, jack-rafters, 
plates, studs, ties and arches shall be made of cast or 
wrought iron, or some other metal, stone, brick, cement, 



20 



1873,0.298, §9. 



Scuttle-frameB 
and covers, in 
all buildings 
in Boston, to 
be fire-proof. 
1872, c, 371, 
§15. 

Scuttles to 
have station- 
ary ladders. 
Bulkhead to 
have stairs. 
Doors to bulk- 
head or scut- 
tle, in tene- 
ment houses, 
not to be 
locked. 



mortar, or other incombustible material, and covered with 
corrugated iron, sheet or cast iron, tin, copper, zinc, or 
other metal, or slate, stone, brick, cement, mortar, or other 
incombustible material. All structures or projections 
above or outside of the roof, such as domes, cupolas, 
pavilions, towers, spires, pinnacles, buttresses, lanterns, 
louvres, luthern or dormer windows, sky-lights, scuttles, 
ventilators, cornices and gutters, shall be made, con- 
structed, framed and covered w;ith cast or wrought iron, 
tin, copper, zinc, or other metal or stone, slate, brick, 
cement or mortar, or other incombustible material. 

'31. All buildings in the city of Boston, hereafter to be 
built, shall have scuttle-frames and covers, or bulkheads 
and doors on the roof, made of or covered with some fire- 
proof material, and all scuttles shall have stationary lad- 
ders leading to the same, and all such scuttles or ladders 
shall be kept so as to be ready for use at all times, and all 
scuttles shall not be less in size than two by three feet; 
and if a bulkhead is used or substituted in any building in 
place of a scuttle, it shall have stairs with a sufficient 
guard or hand-rail leading to the roof; and in case the 
building shall be a tenement house, the door in the bulk- 
head, or any scuttle, shall at no time be locked, but may 
be fastened on the inside by movable bolts or hooks. 



Chimney!", 
material of. 
1871, c. 280, 
§31. 

Flues to be 
plastered. 
Brick flues to 
be hung to 
•walls. 

Chimneys not 
to rest upon 
floorings. 



CHIMNEYS, FLUES, AND HEATING APPARATUS. 

32. AH chimneys shall be built of brick, stone or other 
fire-proof non-conducting material. All brick flues shall 
be smoothly plastered inside M'ith mortar from top to bot- 
tom and outside below the roofing. 

Brick flues, not starting from the foundation walls,, shall 
be securely built into the brickwork of the walls to which 
they are hung. In no case shall chimneys rest upon any 
flooring without a footing of masonry or iron supported 
by iron beams, having a secure bearing on masonry or 
iron at either end. 



21 

All flues shall be topped out^t least four feet above the isri, c. 280, 
roof of the building to which they belong. The brick 1,^^^^^^^. 
topping out of chimneys shall not have more than two topped out4fL 
inches projection, unless covered by a cap of metal or 
stone properly secured. 

Hearths of fire-places or grates shall be laid upon brick Hearths, ho-w 
or other trimmer arches, or upon bars of iron supporting 
a bed of brickwork. 

No woodwork of any kind shall be placed at a, less dis- No woodwork 

*^ to be placed 

tance than one inch from the outside brickwork of any within one 

inch of flues. 

flue. In no case shall a nail be driven into the masonry Nails not to be 

" driven uito 

of any flue. fl»es. 

33. No smoke-pipe in any building with wooden or Regulations 
combustible floors or ceilings, shall hereafter enter any concerning 

° ' '' smoke-pipes. 

flue unless the said pipe where it enters the flue shall be i872, c. 371, 
at least twelve inches from either the floors or ceilings ; f„l^' „. „ _ 
and in all cases where smoke-pipes pass through stud or 
wooden partitions of any kind, whether the same be plas- 
tered or not, they shall be guarded by a soapstone ring, 
not less than four inches in thickness, and extend through 
the partition. 

In all cases where hot-water, steam, hot-air or other 
furnaces are used, the furnace smoke-pipe must be kept 
at least two feet below the beams or ceiling above the 
same, unless said beams or ceiling shall be properly pro- 
tected by a shield or tin plate suspended at least one inch 
below said beams or ceiling above said smoke-pipe ; and 
the top of all furnaces set in brick must be covered with 
brick, supported by iron bars, and so constructed as to be 
perfectly tight ; said covering to be in addition to and not 
less than six inches from the ordinary covering to- the hot- 
air-chamber. • 

If, however, there is not height enough to build the 
furnace-top at least four inches below the floor-beams or 
ceilings, then the floor-beams must be trimmed around the 
furnace, and said covering and the trimmers and headers 
must be at least four inches from the same. 



22 

1872, c 371, The top of every portable furnace not set in bHck shall 

1873, c. 298, § 7. ^^ ^^P* ^t least One foot below the beams or ceiling with 
Portable fur- a sMcld of tin plate, made tight, and suspended not less 
nacestohave ^j^g^j^ one inch below the said beariis or ceilings, and ex-. 

shield. 

tended one foot beyond the top of the.furnace on all sides. 
All hot-air registers hereafter placed in the floor of . any 
building shall be set in soapstone borders not less than 
two inches in width. 

All soapstone borders to be firmly set in plaster of Paris 
or gauged mortar. 
EegiBterstobe ^\i floor register boxes to be made of tin plate, with a 
stone borders, flange on the top to fit the groove in the soapstone, the 

register to rest upon the same. 
Open space There shall also be an open space of one inch on all 
tMboxes!^"' sides of the register box, extending from the underside of 
the ceiling, below the register, to the soapstone in the 
floor; the outside of said space to be covered vrith a 
casing of tin plate, made tight on all sides, to extend from 
the underside of the aforesaid ceiling up to and turn under 
the said soapstone. Registers of fifteen by twenty-five 
inches or more, shall have a space of two inches. 
No woodwork j^q woodwork shall be placed at a less distance than 
witMn one oue iuch from any tin or other metal flue or flues, pipe or 
inch of hot-air pipes, used or intended to be used to convey heated air in 
protect"d,^^* any building, unless protected by a soapstone on earthen 
ring or tube, or a metal casing so constructed as to per- 
mit free circulation of air around said pipes or flues. 
Notice of in- Jq q\i cases where hot-water, steam, hot-air or other 
place furnaces fumaces or ranges, are hereafter placed, or their location 
in buildings, changed, in any buildiug, due notice shall first be given 

to be given to , ,, . , /» -i m t i ^i 

Inspector of to the iftspcctor of buildings, by the person or persons 
Buildings. placing Said furnace or ranges in said building. 
Flues of In all cases where ranges or boilers are set, the outside 

^stobTpias- of" the flue to the same shall be plastered on the outside 
tered directly directly upon the bricks, up to the celling of the room, 
bricks. and no woodwork shall be placed on the outside thereof. 



23 

34. If any chimney, flue or heating apparatus on any Owner of 

1 • /• -r. 1 n • ii • • jy J.I. building in 

premises m the city of Boston, shall in the opinion oi the Boston to be 
inspector of buildings be dangerous or unsafe by reason of notified by in- 
endangering the premises by fire or otherwise, the in- ct^imney, etc., 
spector shall at once notify in writing the owner, agent or ia unsafe. 

, , . . . .° . . t n 1872, c. 371, 

Other party having an interest in said premises, and shall g ^ 
require him to make the same safe; and upon neglect of penalty for re- 
said person so notified to comply with the provisions of g^fe. 
said notice, for a period of twenty-four hours after the 
service of said notice upon him, he shall at once become 
liable to a penalty of not less tlian twenty nor more than 
fifty dollars for every day's continuance of said unsafe 
structure. 

BOILER ROOMS. 

35. All boiler rooms hereafter constructed in any build- Boiler-rooms 
ing other than dwelling-houses, shall be constructed of room. 1872, c. 
brick and iron, and shall be so arranged that all openings 37i, § is. 
between the said boiler room, and other parts of the build- ' ' ' / 
ing in which it is placed, shall be closed by iron or metal- 
covered doors, which shall be securely closed at the close 

of each day. 

All flues for ranges, boilers, furnaces and ovens, shall Flues to be 8 
be of brickwork, eight inches in thickness, to a height of 
twenty-five feet above such ranges, boilers, furnaces or 
ovens. 

- FIRE-PROOF DOORS, SHUTTERS, ETC. 

36. All stores or storehouses that may hereafter be Fire-proof 
built in said city, which are more than forty-five feet in '^°^"' blinds. 

and shutters. 

height above the curb level, shall have doors, blinds or 1372, c.sn^ 
shutters made of fire-proof metal, on every window and ^ ^" 
entrance where the same do not open on a street. 

When in any such building the shutters, blinds or doors How hung, 
cannot be put on the outside of such door or window, 
they shall be put on the inside, and if placed on the in- 
side shall be hung upon an iron frame independent of the 



24 

1872, c.sn, "woodwork of the window- frame or door; and every such 
^ ^' door, blind or shutter shall be closed upon the completion 

Slmtters to be ' „•,-,,, , . , 

closed at close of the business of each day by the occupant having the 
of business for ^gg ^^ control of the same: and all fire-proof shutters or 

the day. 

blinds, that now are or may hereafter be put upon the 
front or sides of any building on the street fronts, must 
be so constructed that they can be closed and opened from 
the outside above the first story. 

FIEE-ESCAPES. 

Fire-esca es ^^" ^"^^ building already erected, or that may hereafter 

to be provided be erected, in which operatives are employed in any of 

where opera- *^® storics above the second story, shall be provided with 

tivesareem- such fire-escapes as shall be directed and approved by the 

ibid^SH inspector of buildings. And the owner or owners of any 

building upon which any fire-escapes may now be, or may 

hereafter be erected, shall keep the same in good repair 

and well painted. And no person shall at any time place 

any incumbrance of any kind whatever upon any of said 

fire-escapes now erected, or that may hereafter be erected 

in said city. 

[See also sections 69, 70 and 71 of this digest.] 

HOISTWATS. 

Hoishways, ^8. In any store or building in Boston, in which there 

elevators and shall cxist or be placed any hoistway, elevator or well- 

bTproterted!* ^o\e, the openings thereof through and upon each floor of 

1872, c. 260, § 5. the Said building shall be provided with and protected by a 

good and substantial railing, and such good and sufiicient 

trap-doors with which to close the same, as may be directed 

and approved by the inspector of buildings; and such 

trap-doors shall be kept closed at all times except when in 

actual use by the occupant or occupants of the building 

having the use and control of the same. 

For any neglect or violation of the provisions of this 
section, a penalty not exceeding one hundred dollars for 
each and every offence may be imposed upon the owner, 
lessee or occupant of said building. 



25 



PLACES OP AMUSEMENT. 

39. From and after the passage of this act, it shall not No obstruc- 
be lawful for the owners or lessees of any public hall or p°j^"^°Q* 
place of amusement in the city of Boston to obstruct, or aisles of thea- 
to allow to be obstructed by others, any of the aisles or ^^j' ® "^^ 
passageways in the auditorium of said halls or places of § eo. 
amusement, by placing therein any benches, chairs, stools 

or other articles that may prevent free egress during the 
hours that said places may be open to the public. 

And the said owners, lessees or their agents are hereby to have fly 
required to keep open all doors giving access to such places ^°°"' 
of amusement when used by the public, unless such doors 
open outwards, and except that fly-doors, opening both 
ways, may be kept closed. 

For any neglects or violation of the above provisions of penalty for 
this act, a penalty of one hundred dollars shall be imposed °egiect. 
upon the owner, lessee or other occupant of said places 
of amusement. 

COMBUSTIBLE MATERIALS. 

40. No building situated or hereafter erected within Buiidingi oc- 
the building limits of the city of Boston, occupied in part ^'Jfg^/Jnot 
or in whole as a dwelling, shall have any hay, straw, hemp, to have com- 
flax, shavings, burning fluid, turpentine, camphene, or any ['g'^^^^gt^^ 
inflammable oil, or any other combustible material stored therein, 
therein, or kept on sale, except in such quantities as shall ^'*^* ^ ''^" 

be provided for by law or by a city ordinance. 



TENEMENT OR LODGING HOUSES. 

41. No house, building, or portion thereof, in the city Houseatocon- 
of Boston, used, occupied, leased or rented for a tene- i^™c. 280 
ment or lodging house, shall continue to be so used, §34. 
occupied, leased or rented, unless the same, on the 
requisition of the Board of Health, shall conform in its 
construction and appurtenances to the provisions of this 
act. 

• 3 



26 



3871, c. 280, 
§34. 

liispector of 
Buildings to 
see that requi- 
sitions of 
Board of 
Health are 
carried, out. 
Plans to be 
approved by 
Inspector. 

Right of own- 
er or architect 
to appeal, if 
plans are not 
approved. 

Exterior wall, 
heJgJits, etc. 
Ibid. ^ 35. 



To be ventil- 
ated. 
Ibid. § 36, 



Ventilator in 
roof. 



To have fire- 
escape. 
Ibid. § 37. 

Roofs to be 
kept in repair, 
Ibid. ^ 38 



And the inspector of buildings shall see that the requi- 
sitions of the Board of Health in regard to the repair and 
alterations of tenement or lodging houses are properly 
carried out ; and shall approve all plans for the construc- 
tion of new tenement or lodging houses. 

If in any case the inspector shall see fit to prohibit the 
erection of the building according to the plan, the owner 
or architect shall have the right of appeal, as provided in 
section nineteen (of chaptertwo hundred and eighty,1871). 

42. The exterior walls of all tenement or lodging 
houses hereafter erected shall be of brick or stone ; and 
those hereafter erected on streets not more than twenty 
feet in width shall not exceed thirty feet in height. 

43. Every house, building, or portion thereof, in the 
city of Boston, designed to be used, occupied, leased or 
rented, or which is used, occupied, leased or rented for a 
tenement or lodging house, shall have in every room which 
is occupied as a sleeping-room, and which does not com- 
municate directly with the external air, a ventilating or 
transom window, having an opening or area of three 
square feet over the door leading into and connected with 
the adjoining room, if such adjoining room communicates 
with the external air ; and also a ventilating or transom 
window, of the same opening or area, communicating with 
the entry or hall of the house, or where this is, from the 
relative situation of the rooms, impracticable, such last- 
mentioned ventilating or transom window shall communi- 
cate with an adjoining room that itself communicates with 
the entry or hall. 

Every such house or building shall have in the roof, at 
the top of the hall, an adequate and proper ventilator, of 
a form approved by the inspector of buildings. 

44. Every such house shall be provided with a proper 
fire-escape, or means of escape in case of fire, to be ap- 
proved by the inspector of buildings. 

. 45. The roof of every such house shall be kept in good 
repair and so as not to leak, and all rain-water shall be so 



27 

drained or conveyed therefrom as to prevent its dripping ^g- gan 
on ground or causing dampness in the walls, jard or area. §38. 

All stairs shall be provided with proper balusters or rail- stairs to be 
■ ings, and shall be kept in good' repair. kept in repair. 

46. Every such building shall be provided with good water-ciosets, 
and sufficient water-closets, earth-closets or privies, of a and'^rivie?^ 
construction approved by the inspector of buildings, and ibid. § .39. 
shall have proper doors, traps, soil-pans and other suitable 
works and arrangements, so far as may be necessary to 
insure the efficient operation thereof. 

Such water-closets or privies shall not be less in num- 
ber than one to every twenty occupants of said house ; 
but water-closets and privies may be used in common by 
the occupants of any two or more houses ; provided, the Provisos, 
access is convenient and direct ; and provided, the num- 
ber of occupants in the houses for which they are provided 
shall not exceed the proportion above required for every 
privy or water-closet. 

Every such house situated upon a lot on a street in Tobeconnect- 
which there is a sewer, shall have the water-closets or ^^ ^^'^ ^®"'^'^- 
privies furnished with a proper connection with the sewer, 
which connection shall be in all its parts adequate for the 
purpose, so as to permit entirely and freely to pass what- , 
ever enters the same. Such connection with the sewer 
shall be of a form approved by the inspector of buildings, 
and all such water-closets and vaults shall be provided 
with the proper traps, and connected with the house-sewer To have traps. 
by a proper tight pipe, and shall be provided with suffi- 
cient water and other proper means of flushing the same ; ' 
and every owner, lessee and occupant shall take* due owner to pre- 
measures to prevent improper substances from entering ^^°' impj;oper 
such water-closets or privies or their connections, and to from^^lT\r\- 
secure the prompt removal of any improper substances '"^ater-ciosets. 
that may enter them, so that no accumulation shall take 
place, and so as to prevent any exhalations therefrom, 
offensive, dangerous or prejudicial to life or health, and 
so as to prevent the same from being or becoming 
obstructed. 



28 



]87]. c. 280, 
Cesspools. 



Yard or area 
to be connect- 
ed with gewer. 



Cellars not to 
be occupied as 
dwellings 
•without per- 
mit. 
Ibid. § 40. 



Ee^latione 
concerning 
cellars when 
occupied as 
dwellings. 



No cesspool shall be allowed in or under or connecr^id 
"vrith any sucli house, except when it is unaroidable, an<< 
in such case it shall be constructed in such situation anc' 
in such manner as the inspector of buildings may direct. 

It shall in aU cases be water-tight, and arched oi 
securely covered over, and no offensive smell or gases 
shall be allowed to escape therefrom, or from any privy 
or privy vault. 

In all cases where a sewer exists in the street upon 
which the house or building stands, the yard or area shall 
be so connected with the same that all water, from the roof 
or otherwise, and all liquid filth, shall pass freely into it. 
"Where no sewer exists in the street, the yard or area shall 
be so graded that all water, from the roof or otherwise, 
and all filth, shall flow freely from it, and all parts of it, 
into the street gutter, by a passage beneath the sidewalk, 
which shall be covered by a permanent cover, but so 
arranged as to permit access to remove obstructions or 
impurities. 

47. 'From and after the passage of this act it shall not 
be lawful, -without a permit from the Board of Health or 
superintendent of health, to let or occupy, or suffer to be 
occupied separately as a dwelling, any vault, cellar or 
underground room, built or rebuilt after said date, or 
which shall not have been so let or occupied before said 
date. 

And it shall not be lawful, without such permit, to let 
or continue to be let, or to occupy, or suffer to be occu- 
pied, separately as a dwelling, any vault, cellar or under- 
ground room whatsoever, unless the same be in every part 
thereof at least seven feet in height, measured from the 
floor to the ceiling thereof, nor unless the same be for at 
least one foot of its height above the surface of the street 
or ground adjoining, or nearest to the same, nor unless 
there be outside of and adjoining the said vault, cellar or 
room, and extending along the entire frontage thereof,: 
and upwards from six inches below the level of the floor : 



29 

thereof, up to the surface- of the said street or ground, an isn, c. 280. 
open space of at least t-wo feet and six inches wide in every ^ ^*^* 
part, nor unless the same be •well and effectually drained by 
means of a drain, the uppermost part of which is one foot 
at least below the lerel of the floor of such vault, cellar 
or room, nor unless there is a clear space of not less than 
one foot below the level of the floor, except where the 
same is cemented, nor unless there be appurtenant to such 
vault, cellar or room, the use of a water-closet or privy, 
kept and provided as in this act required, nor unless the 
same have an external window-opening of at least nine 
superficial feet clear of the sash frame, in which window- 
opening there shall be fitted a frame filled in with glazed 
sashes, at least four and a half superficial feet of which 
shall be made so as to open for the purpose of ventilation ; 
provided, however, that in case of an inner, or back vault, Provisos, 
cellar or room, let or occupied along with a front vault, 
cellar or room, as a part of the same letting or occupation, 
it shall be a sufficient compliance with the provisions of 
this act, if the front room is provided with a window as 
herein before provided, and if the said back vault, cellar 
or room is connected with the front vault, cellar or room 
by a door, and also by a proper ventilating or transon 
window, and, where practicable, also connected by a 
proper ventilating or transom window, or by some hall or 
passage, or with the external air ; provided always, that 
in any area adjoining a vault, cellar or underground room, 
there may be steps necessjyjy for access to such vault, cel- 
lar or room, if the same be so placed as not to be over, 
across or opposite to said external window and so as to 
allow between every part of such steps and the external 
wall of such vault, cellar or room, a clear space of six. 
inches at least, and if the rise of said steps is open ; and 
provided, fuTiJier, that over or across any such area there 
may be steps necessary for access to any building above 
the vault, cellar or room, to which such area adjoins, if 

he same be so placed as not to be over, across or opposite 

o any such external window. 



-30 



Cellars not to 
be occupied 
for lodging, 
etc., without 
permit from 
Board of 
Health. 
3871, c. 280, 
§41. 

House offal. 
Ibid. § 42. 



Combustible 
article not to 
be stored. 



Animals not 
to be kept. 

To be kept 
clean. 
Ibid. § 43. 



Owner to clean 
whenever re- 
quired. 



Walls and 
ceilings to be 
whitewashed 
twice a year. 

Owner or 
agent's name 
to be posted. 



48. Prom and after the passage of this act, no vault, 
cellar or underground room, in any tenement or lodging- 
house, shall be occupied as a place of lodging or sleeping, 
except the same shall be approved in writing, and a per- 
mit given therefor by the Board of Health or superin- 
tendent. 

49. Every tenement or lodging house shall have the 
proper and suitable conveniences or receptacles for re- 
ceiving garbage and other refuse matters. 

No tenement or lodging house, or any portion thereof, 
shall be used as a place of storage for any combustible 
article, or any article dangerous to life or detrimental to 
health ; nor shall any horse, cow, calf, swine, pig, sheep 
or goat be kept in said house. 

50. Every tenement or lodging house, and every part 
thereof, shall be kept clean and free from any accumula- 
tion of dirt, filth, garbage or other matter in or on the 
same, or in the yard, court, passage, area or alley con- 
nected with or belonging to, the same. 

The owner or keeper of any lodging house, and the 
owner or lessee of any tenement house, or part thereof, 
shall thoroughly cleanse all the rooms, passages, stairs, 
floors, windows, doors, walls, ceilings, privies, cesspools 
and drains thereof of the house, or part of the house, of 
which he is the owner or lessee, to the satisfaction of the 
3oard of Health, so often as shall be required by or in 
accordance with, any regulation or ordinance of said city, 
and shall well and sufficiently, to the satisfaction of said 
board, whitewash the walls and ceilings thereof twice at 
least every year, in the months of April and October, 
unless the said board shall otherwise direct. Every tene- 
ment or lodging house shall have legibly posted or painted 
on the wall or door in the entry, or some public accessible 
place, the name and address of the owner or owners and 
of the agent or agents, or any one having charge of the 
renting and collecting of the rents for the same ; and ser- 
vice of any papers required by this act, or by any pro- 



31, ' - 

ceedings to enforce any of its provisions, or of the acts isn, c.280, 
relating to the Board of Health, shall be sufficient, if made 
, , upon the person or persons so designated as owner or 
'. I owners, agent or agents. 

51. The keeper of anj lodging house, and the owner, Officers to 
agent of the owner, lessee and occupant of any tenement cTsTto houses, 
house, and every other person having the care or man- ibid. §44. 

'^ .agement thereof, shall, at all times, when required by any 

jofficer of the Board of Health, or by any officer upon 
iwhom any duty or authority is conferred by this act, give 
jhim free access to such house and to every part thereof. 
I The owner or keeper of any lodging house, and the infectious dis- 
owner, agent of the owner, and the lessee of any tene- ^**®'- 
jment house, or part thereof, shall, whenever any person 
jin such house is sick of fever, or of any infectious, pes- 
tilential or contagious disease, and such sickness is known 
jto such owner, keeper, agent or lessee, give immediate 
notice thereof to the Board of Health, or to some officer 
lof the same, and thereupon said board shall cause the 

^^'~~-. .same to be inspected, and may, if found necessary, cause 

the same to be immediately cleansed or disinfected at the Maybe 
expense of the owner, in such manner as they may deem disinfected at 
ibecessary and effectual ; and they may also cause the owner's ex- 
■^lankets, bedding and bed-clothes used by any such sick 
person to be thoroughly cleansed, scoured and fumigated, 
and in extreme cases to be destroyed. 

;. 52. Whenever it shall be -certified to the Board of Bondings un- 
• ' lealth by the superintendent, that any building, or part «' for habita- 
thereof, is unfit for human habitation, by reason of its vacated, 
being so infected with disease as to be likely to cause ibid. §43. 
"sickness among the occupants, or by reason of its want 
ojf repair has become dangerous to life, said board may 

'"'" • issue an order, and cause the same to be affixed con- 
spicuously on the building, or part thereof, and to be 
personally served upon the owner, agent or lessee, if the 
Slime can be found in this state, requiring, all persons 
therein to vacate such building for the reasons to be ' ' 

stated therein as aforesaid. 



32 

1871, c. 280, Such building, or part thereof, shall, -vrithin ten days 

thereafter, be vacated ; or within such shorter time, not 
less than twenty-four hours, as in said notice may be 
specified ; but said board, if it shall become satisfied that 
the danger from said house, or part thereof, has ceased to 
exist, may revoke said order, and it shall thenceforward 
become inoperative. 

Additional ^3. No house hereafter erected shall be used as a tene- 

provisions. ment house or lodging house, and no house heretofore/ 
erected, and not now used for such purpose, shall be con-, 
verted into, used or leased for a tenement or lodging r 
house, unless, in addition to the requirements hereinbe- . 
fore contained, it conforms to the requirements contained, 
in the following sections. 

Light and -air ^^' I* shall not be lawful hereafter to erect for, or con- . 

to be secured, vert to the purposes of a tenement or lodging house, s^ 
building on the front of any lot where there is another • 
building on the rear of the same lot, unless there is a . 
clear, open space, exclusively, belonging to the front; 
building and extending upwards from the ground, of at. 
least ten feet between said buildings, if they are one stor;/ 
high above the level of the ground; if they are two; 
stories high, the distance between them shall not be lessc 
than fifteen feet ; if they are three stories high, the dis- • 
tance between them shall be twenty feet ; and if they are i 
BQore than three stories high, the distance between them > 
shall be twenty-five feet. 

At the rear of every building hereafter erected for, o 

converted to, the purposes of a tenement or lodginf; 

house on the back part of any lot, there shall be a clear •, 

open space of ten feet between it and any other building j. 

^ But when thorough ventilation of such open spaces ca- n 

Buiidingsmay be Otherwise secured, said distances may be. lessened or 

modify pro- 'jjjQjjjged in special cases, by a permit from the inspector? 
of buildings. 

„., „ 55. In every such house hereafter erected or convertetd. 

Height of •' •, ' 

rooms. every habitable room, except rooms in the attic, shall 1 De 

Ibid. §48. 






33 

in every part not less than eight feet in height from the isn, c. 280, 
floor to the ceiling ; and every habitable room in the attic ^ ' 
\of any such building shall be at least eight feet in height 
from the floor to the ceiling, throughout not less than 
one-half the area of such room. Every such room shall construction 
have at least one window connecting with the external *'^^°'^°^^" 
air, or over the door a suitable ventilator, connecting it 
•with a room or hall which has a connection with the ex- 
ernal air. 

) The total area of window in every room communicating 
■With the external air shall be equal to at least one-tenth 
jof the superficial area of every such room ; and the top 
ipf one at least of such windows shall not be less than 
peven feet and six inches above the floor, and the upper 
balf of each window shall be so made as to open for the 
purposes of ventilation. 

Every habitable room of a less area than one hundred inspector of 
superficial feet, if it does not communicate directly with Buiidingsmay 
the external air, and is without an open fireplace, shall be means of ven- 
_ provided with special means of ventilation by a separate *iia,tion. 
Air-shaft extending to the roof, or otherwise, as the in- 
jspector of buildings may prescribe. 

' 56. Every such house hereafter erected or converted, Chimneys, 
shall have adequate chimneys running through every ^^*^" ^ ^' 
•floor, with an open fireplace or grate, or place for a stove, 
properly connected with one of said chimneys, for every 
family and set of apartments. 

It shall have proper conveniences and receptacles for Receptacles 
■ a^hes and rubbish ; it shall have water furnished at one fo"" *s^««' ^^ 

\ \^fltd to be 

ort more places in such house, or in the yard thereof, so famished, 
thsit the same may be adequate and reasonably convenient 
fo,r the use of the occupants thereof. • 
lit shall have the floor of the cellar properly cemented, cellar to be 

sol as to be water-tight. cemented. 

The halls on each floor shall open directly to the ex- Haiis. 
ternal air, with suitable windows, and shall have no room 
or other obstruction at the end, unless sufficient light or 



34 



1871, c 280, 
§49. 

Board of 
Health may 
make other 
rules. 

1872, c. 260, §4. 
Municipal 
Court to have 
concurrent 
jurisdiction. 



Penalty. 



Board of 
Health to 
make com- 
plaints. 



ventilation is otherwise provided for said halls, in a. 
manner approved by the inspector of buildings. 

57. The Board of Health shall have authority to make, 
other regulations as to cellars and the ventilation o?f 
tenement houses. ' ; 

The municipal court of the city of Boston, the muni-, 
cipal court of the Dorchester district, and the municipal 
court of the southern district, shall have jurisdiction 
concurrent with the superior court of all offences agains't 
sections forty, forty-one, forty-two, forty-three, forty-- 
four and forty-five of chapter two hundred and eighty <if 
the acts of the year eighteen hundred and seventy-one, 
and every person violating any of these sections shall be 
guilty of a misdemeanor punishable by a fine not exceed- 
ing three hundred dollars, or by imprisonment not exceed- 
ing sixty days. • - ; 

All complaints of violations of sections forty, fortyi- 
one, forty-two, forty-three, forty-four and forty-five q'f 
this act [Chap. 280, 1871] shall be made only bj 
authority of the Board of Health. 



r 



Inspector 
of Buildings to 
examine and 
notify owner. 
1873, c. 298, 
§11. - 



Owner to I 
make safe. 
Ibid. § 12. 



UNSAJFE BUILDINGS. , ( 

[See also G. S., c. 87, §§ 1 to 5.] 

58. If any building or parts of a building, staging or 
other structure, or anything attached to or connected with 
any building, or other structure in the city of Boston, 
shall from any cause be reported dangerous or unsafe, Fio 
as to endanger life and limb, it shall be the duty of the 
inspector of buildings to inspect such structure, and if, in 
his opinion, the same be dangerous, he shall immediat'ely 
notify the owner, agent, or other party having an inter'est 
in said structure, to cause the same to be made safe a!nd 
secure, or removed, as may be necessary. 

59. The person or persons so notified shall be allowed 
until twelve o'clock noon of the day following the service 
of such notice, in which to commence the securing or re- 
moval of the same ; and he or they shall employ suffici ent 



35 

i'abor to remove or secure the same as "expeditiously as ws, c.298, 
< :an be done : provided, however, that in cases where the V^' 

Inspector may 

I public safety requires immediate action, the inspector of secure in ur- 
' buildings may enter upon the premises with such work- sent cases. 
1 nen and assistants as may be necessary, and cause the 
f^aid unsafe structure to be shored up, taken down, or 
C)therwise secured, without delay, and a proper fence or 
I joarding to be put up for the protection of passers-by. 

60. If the owner, agent, or other party interested in Surveymaybe 
? ;aid unsafe structure, having been notified, shall refuse or ^|^' . ^ 
iieglect to comply with the requirements of said notice 
■within the time specified in section 10, then a careful sur- 
V'ey of the premises named in said notice shall be made by 
tlVree disinterested persons, one to be appointed by the in- ^ 

sypector of buildings, one by the owner or other interested 
p arty, and the third chosen by these two, and the report 
f such survey shall be reduced to writing, and a copy 
sterved upon the owner or other interested party; and if 3Q^j,^Qfg^^_ 
siiid owner or other interested party refuse or neglect to vey, 
. aippoint a member of said board of survey, then the sur- 
vjey shall be made by the city engineer and the chief en-- 
g^neer of the fire department of Boston, and in case of 
djisagreement they shall choose a third person. 

1 61. Whenever the report of any such survey, had as inspector may 
aforesaid, shall declare the structure to be unsafe or dan- secure in case 

' 1 /» I of refusal or 

gcrous to life or limb, the inspector of buildings shall, neglect of 
upon continued refusal or neglect of the owner or other o^^^""- 

. • ® Ibid. § 14. 

lUi erested party cause such unsafe or dangerous structure 
to be taken down or otherwise made safe : and the costs 
anol charges shall become a lien upon said estate, to be 
coljlected according to law, but without prejudice to the 
rig;ht which the owner thereof may have to recover the 
sar^ne from any lessee or other person liable for the ex- 
pense of repairs : provided, that nothing herein contained 
shaill authorize the recovery by the lessor of the'lessee of 
thei cost of any charges which may have been rendered 
necessary through the default or negligence of the lessor, 



36 



/ 



1873, c. 298, 
§14. 

Liability for 
refusal to 
-make safe. 
Ibid. § 15. 



Remedy for 
parties ag- 
grieved. 
Ibid. S 16. 



Jury may af- 
firm or annul 
order of In- 
spector. 
Ibid. § 17. 

Costs. 
Ibid. § 18. 



Proviso. 
Ibid. § 19. 



or through want of repair or defects existing in said prem- ; 
ises at the commencement of the lease. ' i 

62. Upon the citation of any structure as unsafe or dan- ), 
gerous, by the inspector of buildings, if the owner or > 
other interested party, being notified thereof in writing, j 
shall refuse or neglect to cause the said . structure to be ! 
taken down or otherwise made safe, said owner or other; 
interested party shall forfeit to the use of said city, for; 
every day's continuance of said refusal or neglect, a sum 
not less than ten nor more than fifty dollars ; said sum to i • 
be recoverable as debts are now by law recoverable. ) 

63. Any owner or other interested person aggrieved by^ 
by any suCh order may, within three days after the service^ 
thereof upon him, apply for a jury to the superior courtly 
if sitting in the county, or to any justice thereof in vaca^ 
tion. The court or justice shall issue a warrant for a juryr 
to be empanelled by the sherifi* within fourteen days from 
the date of the warrant, in the manner provided in chap- 
ter forty-three of the General Statutes relating to high-^ 
ways. 

64. The jury may affirm, annul, or alter such order, 
and the sheriff shall return the verdict to the next term of; 
the court for acceptance, and being accepted, it shall take» 
efiect as an original order. 

65. If the order is affirmed, costs sliall be taxed agains.t 
the applicant ; if it is annulled, the applicant shall recover 
damages and costs against the city ; if it is altered in par'-, 
the court may render such judgment as to costs as justic i 
may require. 

66. Nothing contained in the three preceding sectio.as 
shall be construed to bar the right of the city to recover 
the penalty enacted in section thirteen, for the continuan'oe 
of the refusal or neglect of the owner or owners, or other 
interested party or parties, to cause the structure in ques- 
tion to be taken down or otherwise made safe, unless t^he 
order is annulled by the jury; but in default of such axi-^ 
nulment, the city shall have the right to recover said 



37 

penalty from the day of the original notice as enacted in ^^^^ c. 298, 
said section. 

67. In case the building or structure cited as unsafe or s. J. c. may 

, . issue injunc- 

dangerous shall be in process of erection, alteration or tion, 
repair, it shall be lawful for the supreme judicial court, ^i*!- § 20. 
or any justice thereof, either in term-time or vacation, to 
issue forthwith an injunction restraining further progress 
' in the work on said building until the facts of the case shall 
: hare been investigated and determined as herein provided. 
\ 68. If any building in the city of Boston shall appear Buildings un- 

; . . , , . , /> 1 •! T j_ 1 safe in case of 

upon examination by the inspector of buildings to be gje subject to 
specially dangerous to life or limb to members of the provisions of 
Ire department or to citizens in case of fire, by reason of j^id. §21. 
^nsuflicient thickness of walls, overloaded floors, defective 

construction, or other causes, such building shall be held 

md taken to be dangerous within the meaning of and sub- 
ject to all the provisions of this act; and the inspector of inspector may 

juildings, besides proceeding as herein before provided, 
imay aflix a notice of the dangerous character of the struc- f: 
^ure to a conspicuous place on the exterior wall of said 
building. 

Any person or persons removing such notice, so afiixed, Penalty for re- 
tthall be liable to a penalty of not less than ten nor more noticer 
tlhan fifty dollars for each and every offence. 

' 69. It shall be the duty of the inspector of buildings to Fire-escapes 
inspect all dwelling-houses now erected in the city of ^ certain 
Boston, occupied by two or more families on any of the buildings. 

Xbid* § 22. 

flbors above the second floor from the level of the street, 
atid any building now erected and occupied as a hotel, 
bearding or lodging house, factory, mill or manufactory, 
on for offices or workshops, in which persons are employed 
in. any of the stories above the second story; and if in his inspector to 
opinion such building is not provided with proper facilities 'lotjfy owner. 
for the escape of such persons in case of fire, he shall im- 
mediately serve a notice in writing upon the owner or 
owners, agent, or other party or parties having an interest 
in said building, requiring such facilities to be provided 
without delay. - i 

4 



Ibid. § 26. 



38 

Survey may 70. If the person or persons 80 notified shall refuse or 
be held on re- jjggigct to provide such facilities to the satisfaction of said 

fusal of owner ° ^ 

to comply inspector, within such time as the inspector may designate, 
im c°m' ^^^^ ®^^^ ^ survey of the premises shall be had as pro- 
§ 23. vided by section thirteen of this act. 

Report of sur- 71. If the report of such survey shall require the fur- 
Ibid §24 nishing of the facilities as aforesaid, the requisite changes ^ 

or alterations in the building shall be particularly specified ; 
Inspector may and the inspector of buildings shall, upon the continued' 
nia ea era- jjggigct or refusal of the owner or owners, or other party 
or parties interested in said building, cause such changes 
or alterations to be made, in the manner* and subject to all 
the provisions specified and contained in sections fourteen 
to nineteen inclusive of this act. (Chap. 298, 1873.) 
Eight to enter 72. The officers of the department for the survey and. 
Tbi!f T25 inspection of buildings in the city of Boston, and all sur-- 
veyors or other persons required to execute the provisions; 
of this act, shall, as far as may be necessary for the per- 
formance of their respective duties, have the right to* 
enter any building or premises in said city. 



BUILDING PERMITS, ETC. 

Permits to 73. No building shall be erected hereafter in any pant 

to^be obtained of the city of Boston, without a permit being first obtained 

from Inspect- from the inspector of buildings ; and no addition or alter - 

1871 e.280 ^tion to any building, subject to the regulations of this; 

§18. act, shall be made without a permit from said inspector, 

[and said inspector shall designate, in all permits for th e 

erection of new buildings, the grade below which the floor 

of the basement story of said building shall not be laid.] * 

Inspector to 74. The inspector of buildings shall not give apermiit 

of hTuretc''"' ^^^ *^^ erection of any building to be used for public a s- 

ibid.§i9. semblies, until he has carefully inspected the plans and 

specifications thereof, and ascertained that the building 

has sufficient strength, and that the means of ingress an'd 

* Modified by Chapter 377, LawB of 1872. See Appendix D. 



39 

egress are sufficient; and a copy of said specifications isn, c. 280, 
shall be deposited in the office of said inspector. ^^^' ^^ •. 

If in any case the inspector shall see fit to prohibit the fications to be 
erection or alteration of any building according to the Q^^^g,*^' 
plan as submitted, and such decision shall appear to the architect may 
owner or architect to be unreasonable, the owner or archi- ^ggfg^o^ "^ 
tect shall have the right of appeal to a committee of five inspector, 
[experts, who shall be architects, engineers or master- 
\builders, two of whom shall be chosen by the said owner 
Or architect, and two by the inspector of buildings, the 
fifth one to be chosen by the other four, and their decision 
siiall be final. 
' 75. Upon a license being granted by the Mayor and Board Permit for 

oif Aldermen of the city of Boston for the erection of a steam steam boilers, 
boiler, engine or furnace for melting glass, iron, or other etc., to be 

I , . ,.,,.., . 1 . 1 obtained from 

metal, m any buildmg m the said city, the person or per- inspector, 
s^ons receiving said license shall, before setting, erecting i872, c. 371, 
ojr placing, said boiler, engine, or furnace, file an applica- 
tion for a permit therefor with the inspector of buildings, 
Who shall prescribe such regulation for the setting or plac- 
i]{ig thereof as the public safety may require, and no per- 
son or persons shall erect, set, or place any boiler, engine, 
fiirnace or oven, without a permit from said inspector. 

\ [For act relating to engine and boiler license see Ap- 
pendix A. 

iPor act relating to stable licenses see Appendix B. 

For rules and regulations in relation to the construction 
of I coal-holes, vaults, etc., under sidewalks see Appendix 
C. 

^or ordinance in relation to vaults and drains see Ap- 
peiidix E. 

^Permits to occupy the street for building purposes 
must be obtained from the chief of police.] 

j DUTIES OF OFFICERS, ETC. 

76. There is hereby created in the city of Boston an OeaHon of 

, , , , 1 . 1 , Department 

executive department, to be known and designated as the tbrSurveyand 



40 

Inspection of Department for the Survey and Inspection of Buildings, 

^'"^^^'^J^' . which shall hare charge of enforcing the several pro- 
visions of this act. 

And the said department shall be provided with office 
room and all the necessary supplies for the proper trans- 
action of its business. 

77. The chief officer of the s.aid Department for the 
Survey and Inspection of Buildings shall be called the 
Inspector of Buildings. 

Inspector of He shall be appointed by the mayor, and confirmed by 

BundiDg8,how tt^e city council. 

appointed. 

Ibid. § 4. He shall hold office for the term of three years, or untiil 

his successor shall take office, but maybe sooner removed 
by the city council for malfeasance, incapacity or neglect, 
of duty. 

Clerk and 78. The subordinate officers of the said departmeni; 

Assistant in- gi^all cousist of a clerk, and such number of assistant- 

spectors, how 

appointed. inspectors as the city council may, from time to timtj 
Ibid. §5. determine, all of whom shall be appointed by the in- 
spector, with the approval of the mayor. The assistant- 
inspectors and clerk shall hold office for the term of two 
years, but may be sooner removed by the inspector, with 
the approval of the mayor, for malfeasance, incapacity or 
neglect of duty. 
Quaiificatione 79. The inspector and assistant-inspectors of the Dfj- 
i872!c'^3n partment for the Survey and Inspection of Buildings in th'e 
§ 25. city of Boston, shall be able and experienced architects, 

gaged in other l>uilders or mechanics, competent to perform all the dutifc>s 
business. of the office to which they are appointed, and such i'a- 
spectors shall not be employed or engaged in any other 
vocation, or be interested in any contract or contracts Ifor 
building or for furnishing materials. v 

Duty of ■ 80. It shall be the duty of the inspector of buildings to 

SiMir^'s^*^ sign all certificates and notices required to be issued un- 
1871, c. 280, §7. der this act from said department. 

To make returns of all violations, except those men- 
tioned in section fifty (see 1872, c. 260, § 4), to the city 
solicitor for prosecution. r 



I • 41 

, To have kept in proper books for that purpose a reg- isn, c. 280, 
ister of all transactions of said department. 

To submit to the city council a half-yearly statement in 
detail of such transactions. 

To enter upon the premises wherein any fire has oc- 
curred, if necessary, in order to investigate the origin of 
^ the fire. 

\ And further, to perform such other duties as are herein 
•Required of him. 

He shall also have a general supervision and direction 
(pver the subordinate officers of the department. 

81. The inspector of buildings shall have full power to Power to pass 
t»ass upon any question, arising under the provisions of y^°^ *^"®^" • 
this act, relative to the manner of construction, or mate- i872, csn, 
r)ials to be used in the erection, alteration or repair of any ^ " 
liuilding in the city of Boston, and he may require that 
ti)lans of the proposed erection, alterations or repairs shall 
i)e submitted for inspection before issuing his permit: 
tQrovided, however, that should any question arise between Referees to 
;he inspector of buildings and the owner or architect of J^^^^ J'J^^^ 
ny building, or should the owner or architect object to arise between 
ny order or decision of said inspector, the matter shall ^^^^"""^"^^ 
i^e referred to a committee of three persons, who shall be 

idther architects or master-builders, one to be chosen by 
he inspector of buildings, one by the owner or other in- 
^-^rested party, and these two shall choose a third, and the 
decision of these referees, submitted in writing, shall be 
final and conclusive in the premises, 
i 82. The assistant-inspectors of buildings, if such Asnatant in- 
o^cers are appointed, shall, under the direction of the tend fires, 
inspector of buildings, attend all fires occurring in the iS7i,c.280,§8. 
districts to which they are respectively assigned, and 
report to the chief or assistant engineer of the fire de- 
pa,.rtment present all information they may have relative 
to the construction and condition of the premises on fire, 
and also any such information relating to the adjoining 
buildings. 

4:* ' 



42 



Inspector-aiid 
Assistant In- 
spectors to ex- 
amine build- 
ings. 

1871, c. 280, 
S9. 



Deputy to be 
appointed in 
absence of 
Iiispector. 
Ibid. § 10. 

Right to enter 
buildings. 
Ibid. § 11. 



Compensa- 
tion. 
Ibid. § 22. 



83. The inspector or assistant-inspectors shall examine 
aU buildings in the course of erection, alteration or repair 
throughout the citj as often as practicable, and shall make 
a record of all violations of any of the several divisions 
of this act, together with the street and number where 
such violations are found, the names of the owner, lessee, 
occupants, architect and master mechanics, and all other 
matters relative thereto. 

It shall also be the duty of the inspector or assistant- 
inspectors, to examine all buildings reported dangerous,, 
or damaged by fire or accident, and to make a record o:f 
such examinations, including the nature and amount o"'! 
such damage, with the name of the street and number oi" 
the building, the names of owner, lessee, and for what 
purpose occupied, and, in case of fire, the probable origin 
thereof; to examine all buildings under application tc. 
raise, enlarge, alter or build upon, and to make a record; 
of the condition of the same. Said records shall always 
be open to the inspection of the engineers of the fire^ 
department, or any oflicer of the city, 

84. In the absence of the inspector of buildings, one • 
of the assistant-inspectors may be appointed by him to act 
as his deputy, with the same powers exercised by him. 

85. All the officers appointed under this act shall, so 
far as may be necessary for the performance of their re- 
spective duties, have the right to enter any building or' 
premises in the city of Boston. 

86. The compensation of the officers appointed under 
this act shall be fixed by the city council of Boston. 



Penalties for 
violation of 
provisions of 
this act. 

1872, c. 871, 
.S23. 

1873, 0. 298, 
§10. 



PENALTIES. 

87. If any person or persons whether owner or owners., 
contractor or contractors, builder or builders, shall begi'n 
to ^rect, construct, build or alter any building or structur-e 
within the city of Boston, without first obtaining a perm it 
from the inspector of buildings of said city, such perscjn 
or persons shall forfeit and- pay the sum of not less tha,n 



43 

one hundred dollars nor more than one thousand dollars i872, c. 371, 
f{|)r each and every such offence ; and if any person or § ^• 

1873, c. 298, 

p<fersons, as aforesaid, shall proceed to complete any build- §10. 
iug or structure in the city of Boston, without having the 
s^me inspected as by law required, or shall violate any or 
either of, the provisions of this act, or of the act of which 
th|is act is an amendment, or of any other act in amend- 
ment thereof, for the violation of which no other penalties 
are therein or hereinbefore provided, he or they shall for- 
feit and pay not less than one hundred dollars and not 
mipre than one thousand dollars for each and every such 
violation, and the further sum of one hundred dollars for 
eajch and every week that he or they shall maintain any 
bu|ilding or structure in violation of any provision of this 
acit, or of the act of which this act is an amendment, or 
of] any other act in amendment thereof. 

All penalties under this act shall be recoverable by the Penalties may 
ciiy of Boston in ah action of tort. be recovered 

'' m an action oi 

If any person or persons, whether owner or owners, tort- 
contractor or contractors, builder or builders, shall erect 
or alter any building or structure in the city of Boston, in 
viffilation of any or either of the J)rovisions of this act, or 
of 'the act of which this act is an amendment, or of any 
amiendment thereof, or in violation of any ordinance 
enacted by the" city council of the city of Boston, under 
aut ority given it by chapter two hundred and eighty of 
the aws of the year eighteen hundred and seventy-one, 
or f any law or laws in addition thereto or amendment 
theit?of, it shall be lawful for the supreme judicial court, injvuiction 
or any justice thereof, either in term-time or in vacation, may be issued 
to ishne forthwith an injunction restraining such person 
or persons from further progress in said work, until the 
facts of the case shall have been investigated and deter- 
mined ; and if it shall appear to said court or to any 
justice thereof, upon such investigation, that such build- 
ing pr structure does not in all respects conform to the 
provisions of this act, and of the act of wluch this act is 



byS.J. C. 



44 

s. J. c, may an amendment, and of all amendments thereof, said court 
ofvMationl*^ °^ justice shall issue an injunction to restrain the con- 
1872, c. 371, tinnance of the work upon such building or structure, and 
1873 c 298 shall Order the removal, within a time to be fixed by saild 
§10. court or justice, of so much of said building or structure 

as may be decreed by said court or justice to be in viola- 
tion of the provisions of this act, or of the act of whioh 
this act is an amendment, or of any act in amendment 
thereof. 



APPENDICES. 



■^ 

;=^^, 



• f . APPENDIX A. 

( ^ 

\ Ad in relation to Stationary Steam Engines. 

t 

/ [Chaptee 74 OF THE AcTS OF THE Year 1862.1 

I 

Section 1. No stationary engine, propelled by steam 
or ' other motive power, shall be hereafter erected or put 
upj for use in any city or town, within fire hundred feet of 
aiiy dwelling-house, or public building, unless a license 
therefor shall have been first granted in the manner pro- 
vided in chapter eighty-eight of the General Statutes, in 
respect to licenses of steam-engines, furnaces, and boil- 
erp ; and such license shall be applied for, granted, and 
re^corded in manner as therein provided. 

jSect. 2. Any stationary engine hereafter erected, with- 
out such license, shall be deemed a common nuisance, 
an(^ the Mayor and Aldermen or Selectmen shall have 
like authority to remove the same as is given to them by 
section, forty of said chapter. 

Sect. 3, This act shall not be in force in any city or 
town until it has been adopted at a legal meeting of the 
city council of the city or of the inhabitants of the town 
called for that purpose. 

The foregoing act was accepted by the city council of 
Boston, March 25, 1862. 

I Attest: S. F. McCLEARY, City Cleric. 



46 



APPENDIX B. ! 

An Act concerning the Erection of Stables in the City of 

Boston. J 

I 
[Chapter 369 of the Acts op the Yeak 1869.] / 



APPENDIX C. 

Rules and Regulations in relation to the construction \ of 
Coal Holes, etc. , under the sidewalks. i 

The superintendent of streets is hereby authorized to 
issue permits for the purpose of making excavations } or 
apertures in any street, or under the sidewalks thereof, 
as required by the ordinance in relation to streets, passed 
April 28, 1863, upon the following conditions, namely : — 

I. All coal-holes or vaults of any description that rciay 



t-- 



£e it enacted, etc., as follows: — ' ? 

Section 1. No person shall hereafter erect, occupy or 
use any building for a stable in the city of Boston, except 
in such place as the board of aldermen of said city shall • 
.first in writing approve and direct, and every person so 
erecting, using or occupying a building without such 
approval, shall forfeit a sum not exceeding fifty dollars, 
for every month he so uses or occupies such building, aud 
in like proportion for a longer or shorter time : this act 
shall not apply to any stable now erected, occupied or 
used, so long as the same is not enlarged or rebuilt. ; 

Sect. 2. The supreme judicial court, or any justice 
thereof, either in term-time or vacation, may issue an ir>- 
junction to prevent the erection, occupancy or use of any 
stable contrary to the provisions of this act. 

Sect. 3. This act shall take eflTect in three months aft^gr 
its passage. [Approved June 9, 1869.] \ 



J^- 



47 

hereafter be made under the sidewalks in the city of 
Boston, shall be constructed as follows : — 

The outer wall next to the carriage-way or road-way 
shall be formed of heavy granite, of not less than two and 
one-half feet in thickness, which shall be laid with good 
cement; and no part thereof shall project beyond the 
edgestone. The sides of such vaults shall he at least one 
foot thick, and be composed of good hard bricks or granite 
blocks, laid in cement mortar. The top of the coal-hole 
or vault shall be formed either by a brick arch or arches, 
turned over said coal-hole or vault in a good and substan- 
tial manner, or by covering said coal-hole or vault with 
rough-hammered granite, at least one foot thick, or Blue- 
stone, or North River flag-stone, at least six inches thick, 
or iron and glass, or rough surface iron, similar in charac- 
ter to the " Hyatt Light," as it is called. 

Each coal-hole or vault thus constructed shall not ex- 
ceed eleven feet in depth, measuring from the top of the 
sidewalk. The aperture in the sidewalk over said coal- 
hole or vault shall not exceed eighteen inches in diameter, 
and shall be covered with a substantial iron plate, with a 
rough surface, to prevent accidents. The entire con- 
struction of said coal-holes or vaults shall be subject to 
the directions and supervision of the superintendent of 
streets, or such other person as the board of aldermen 
may designate. Coal-slides are permitted to be placed in 
the sidewalks, and shall be constructed of at least eight- 
inch brick walls laid in good cement mortar, and the hole 
covered as before mentioned. 

2. The owner and tenant of the abutting estate in front 
of which the coal-hole or vault is thus permitted to be 
constructed shall be held responsible to the city for any 
and all damages to persons or property in consequence of 
any defect in the construction of such vault or coal-hole, 
or for allowing the same or any portion thereof to remain 
out of repair ; and such owner and tenant shall be re- 
quired to keep the said vault or coal-hole, its walls and 
coverings, in good order at all times. 



48 

3. The occupant of any estate abutting on such a vault 
or coal-hole shall be held responsible to the city for any 
and all damages occasioned to persons or property in 
consequence of the aperture in the sidewalk being left 
exposed and uncovered, or from the covering thereof 
being left insecure or unfastened ; and said occupant shall 
be required to keep such coal-hole or vault- cover in good 
order and safe for public travel over the same. 

4. No boiler, steam-shaft, furnace, or steam-pipe, no 
cesspool, privy, or water-closet shall be constructed or 
located for use under, no explosive substance or inflam- 
mable oil shall be stored under any sidewalk in the city, 
and no excavations, when permitted, shall be ventUated 
into the streets. 

5. Any excavation under the sidewalk, whether licensed 
or not, shall be closed and filled up at the owner's ex- 
pense, after one week's notice to that efiect given by the 
board of aldermen. 

6. Whenever any coal-hole, or vault under any side- 
walk or any aperture constructed therein, shall not be 
covered or secured as provided in section one, or shall, in 
the opinion of the board of aldermen, be -unsafe or in- 
convenient for the public travel, said board may order the 
same to be reftioved, and a suitable one put in its place ; 
and if the same shall not be done within ten days from 
the service of said order on the owner or tenant of the 
premises, or other person having the care thereof, the 
superintendent of streets shall make such change, and 
the expense thereof shall be paid by such owner, tenant, 
or other person having the care of the premises ; and no 
person shall leave such coal-hole, excavation, or aperture 
open or unfastened after sunset, nor in the daytime unless 
while in use by some person or persons actually attend- 
ing the same. 

7. Every application for a permit shall be made in 
writing, and signed by the applicant, and shall set forth 
the dimensions of the proposed excavation or aperture. 



49 

and the purpose for which it is to be used ; and such ex- 
cavation or aperture shall not be used for any other pur- 
pose than that stated in the application, without the con- 
sent of the committee on paving and the superintendent 
of streets ; and such permit may at any time be revoked 
by the board of aldermen. 

Every applicant will be required to sign an agreement 
to conform on his part, to all the provisions and require- 
ments of the foregoing conditions. Said conditions shall 
be printed upon each permit which is issued, and any 
violation of the same shall work a forfeiture of the privi- 
lege thus granted, and the board of aldermen will cause 
said privilege to be revoked accordingly. 

8. The chief of police is hereby directed to prosecute 
all persons who shall open or disturb any sidewalk of 
this city, without having a permit for that purpose as pro- 
vided in the ordinance relating to streets, passed April 
28, 1863. 



APPENDIX D. 
As Act to establish a grade in the city of Boston. 
Chapter 377, op the Acts of the Tear 1872.] 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
ihe^same as follows : — 

Section 1. The board of aldermen of the city of 
Boston shall establish in said city a grade not less than 
twelve feet above mean low water ; and no person shall 
in said city, after such grade is established, construct any 
cellar or basement-ceUar of any dwelling-house or other 
building below such grade, or use or occupy any cellar or 
basement-cellar constructed below the same; provided, 
that the board of aldermen may by license subject to 
revocation at any time by them, authorize cellars to be 
5 



' 50 

constructed in buildings used exclusively for storage or 
business purposes, so much below said grade, as they shall 
designate in each license. 

Sect. 2. If any person constructs, uses or occupies 
any cellar or basement-cellar in violation of section 
one of this act, said board of aldermen shall order 
the owner or occupant of such cellar or basement- 
cellar to so alter and construct it as to conform to 
the requirements of said section; and if such owner 
or occupant fails to comply with such order within 
ten days after service thereof, as provided by the 
following section, said board shall so alter such cellar or 
basement-cellar; and all necessary expenses incurred 
thereby shall constitute a lien upon the land, wherein 
such cellar or basement-cellar is constructed, and upon 
the buildings upon such land, and may be collected in the 
manner provided by law for the collection of taxes upon 
real estate ; and the city treasurer of said city may pur- 
chase such land or land and buildings, in behalf of said 
city. 

Sect. 3. All orders under the preceding section shall 
be made in writing, and served upon said owners or occu- 
pants, or their authorized agents, as prescribed by section 
nine of chapter twenty-six of the General Statutes, for. 
the service of orders of boards of health ; and the supreme 
judicial court, or any justice thereof, in term-time or 
vacation may, by injunction or other suitable process in 
equity, restrain any person or corporation from construct- 
ing, using, or occupying any cellar or basement-cellar in 
violation of the provisions of section one of this act, and 
may enforce such provisions, and may order and enforce 
the abatement or alteration of any cellar or basement- 
cellar constructed, used or occupied in violation thereof, 
so as to comply with said provisions. 

Sect. 4. This act shall take effect upon its passage. 
lApproved Dec. 18, 1872.] 



iji. 



51 



CITY OF bosto:n'. 

Ik Boaed op Aldbkmen, Dec. 23, 1872. 

Ordered, That in pursuance of chapter 377 of the 
Acts of the Legislature of 1872, relating to cellars and 
4^ basements in the city of Boston, this Board establish a 

grade of twelve feet above mean low water. 
Approved by the Mayor, Dec. 24, 1872. 

Attest: S. ¥. McCIjE ART, City Clerk. 



APPENDIX E. 

[Extract from the Ordinances in relation to the 
Public Health.] • 

•^ vaults and drains. 

"^ Sect. 40. The owner, agent, occupant, or other person 

having the care of any tenement used as a dwelling-house, 
or of any other building with which there is a privy 
connected and used, shall ftimish the same with a sufficient 
drain under ground to carry off the waste water, and also 
with a suitable privy, the vault of which shall be sunk under 
ground and built in the manner hereinafter prescribed, 
and of a capacity proportionate to the number of inhabi- 
tants of such tenement, or of those having occasion^o use 
such privy. Any such owner, agent, occupant, or other 
person who shall neglect to comply with the provisions of 
this section, shall be liable to a penalty of not less than 

Xt- five dollars nor more than twenty dollars, for each and 

every week during which such offence shall continue. 

Sect. 41. All vaults and privies shall be made of brick 
and cement, and contain at least eighty cubic feet, and the 
inside of the same shall be at least two feet distant from 

^ the line of every adjoining lot, unless the owner of said 

adjoining lot may otherwise agree and consent ; and at the 



52 

same distance from every street, lane, alley, court, square, 
or public place, or public or private passageway ; and they 
shall be so constructed as to be conveniently approached, 
opened and cleaned. Every vault shall be made tight, so 
that the contents thereof cannot escape therefrom, except 
as is provided in section forty-four. All preparations for 
cleaning a vault or privy shall be made by the person en- 
tering the same ; and, in case of neglect to make such 
preparation, it shall be made by the city, and the e^ense 
thereof be charged to such person. 

Sect. 42. The superintendent of sewers, under the 
direction of the Board of Health, is authorized to permit, 
under such restrictions, and on the payment of such sums, 
not exceeding thirty dollars, as they may deem expedient, 
the construction of sufficient passageways or conduits un- 
. der ground for the purpose of conveying the contents of 
any vault into any common sewer or drain. 



-r*v 



;S?' 



IlSriDEX 



INDEX. 



A. 

Agents, — see Owners. page. 

Alley, — 

privj vaults to be two feet distant from 62 

Altebations AND Additions — 

subject to terms of act 6 

size of wooden addition 8 

of roof. 9 

Inspector may make, in case of refusal of owner 38 

permit for 38 

plans to be submitted 41 

AMtTSEMENT, PLACES OP — 

no obstruction to be placed in aisles of .' 25 

fly-doors to be used in 25 

penalty for violation of act with regard to .......... . 25 

Inspector to approve plans of 38 

Anchors — 

to be built into walls 15 

to be fastened to beams ....1 15 

Animals — 
not to be kept in tenement or lodging houses 30 

^PEAL — 

jTlght of, in regard to dangerous structures 36 

owner or architect to have the right of 39-41 

Abchitect — " 
to have right of appeal 39-41 

Ashes — 
tenement and lodging houses to have receptacles for. . . 33 

Ashlar — 

to be anchored to backing _ 14 

Assistant Inspectors — ,. * 
number to be determined by City Council .» • , 40 



56 

PAGB. 

appointment and approval of 40 

term of office.... 4=0 

causes for removal « • 40 

qualifications of ...» »...•.. 40 

not to be interested in contracts 40 

to attend fires - 41 

to examine all buildings in progress of erection, alter- 
ation and repair 42 

to examine all dangerous or damaged buildings 42 

to examine all buildings under application to enlarge, 

alter, or repair 42 

right to enter buildings • 42 

compensation to be fixed by City Council ».... 42 

^ 

Bat-windows 19 - 

Basement Cellae, — see Cellar. 

Basement Stobt — 

Inspector to give grade of floor of « . . . 38 

Beams — 

calculations for strength of 7 

to be butted together upon girders .15 

to be strapped together •• 16 

Blinds — 

of stores and store-houses to be fire-proof 23 

how hung 23-24 

Board of Aldermen — ■ 

to approve location of stables 46 

powers of in relation to coal-holes, etc 48—49 

may establish grade 49 

powers of in relation to grade 50 

Board of Health — 

to give permit for occupancy of cellars •...».. 28-30 

duties of with regard to infectious diseases. 31 

may cause buildings to be vacated ....^ 31 

authority to make other regulations with regard to tene- 
ment and lodging houses . . 34 

authority to make> complaints 34 

to direct construction of conduits for privy vaults. ...» •52 



57 

PA6X. 

Board of Suhvet — 

how appointed - 35 

BOILXSS — 

notice of intention to set to bo filed 22 

flues of to be 8 inches thick 23 

not to be located under sidewalk 43 

Boiler Rooms — 

to be constructed of brick and iron 23 

doors of, to be iron or metal covered • .... 23 

Brickwork — 

between floors and roof timbers. 19 

Bridges — 

exempt from operations of act 5 

Buildino Limits — ..... 

power of City Council to establish, oxtend and define . . 6 

as established by ordinance 6 

no wooden or frame building to be built within ....... 8 

wooden addition within' » 8 

no wooden building to be moved within 8 

City Council may authorize erection of wooden build- 
ings within for special purposes a 8 

City Council may authorize erection outside of 9 

Buildings — 

exempt from operations of act 5 

application of act to » 6 

alteration of, or additions to 6 

not to be raised, altered or built upon in violation of 

act 6-7-9 

to be examined by inspector before alteration • 7 

to be of incombustible material 7 

foundation of 7 

wooden or fram« not to be built within limits 8 

wooden additions to, size of 8 

wooden building not to be moved 8 

wooden buildings for various purposes within limits .... 8 

power of City Council with regard to 8-9 

wooden buildings may be repaired 9 

upon filled land 10 

walls of 11-12-13-14-15-16 

. to have partition walls 13 



58 

PAGB. 

to be roofed with non-combustible matenai 18 

to have scuttle or bulkhead 18-20 

exterior to be covered with non-combustible materials . . 19 

to have leaders « 19 

height of ,.. 19 

to have step-ladder, or stairs 20 

in which operatives are employed to have fire-escapes. . 24 

hoistways to be closed 24 

places of amusement . 25 

combustible material not to be stored in 25 

tenement or lodging houses 25 

unsafe and dangerous 34 

egress from, in case of fire 37 

permit for 38 

department for the survey and inspection of 39 

Inspector and Assistant Inspectors not to be interested 

in contracts for furnishing materials for , 40 

plans to be submitted 41 

penalties for violation of building act 43 

grade of cellars of 49 

privies, vault%and drains in , 51 

Bulkheads — 

to have guard or hand rail 20 

door not to be locked 20 

Burning Pluid 25 

■•■■■■" c. ' 

Camphene — 

not to be stored in dwellings 25 

Cellab — 

definition of 10 

covering of bottom of 10 

air-space under floor of 10 

not to be occupied without permit 28 

of tenement and lodging houses to be water tight 33' 

act to establish grade of 49 

not to be constructed below grade 49 

Board of Aldermen may license construction of below 

grade 49 

penalty for construction below grade 50 



59 

PAGB. 

injunction may be issued to prevent oonstracting, using, 

or occupying below grade ...• 60 

duties of owner with regard to 60 

order establishing grade 61 

Cesspooii — 

in tenement houses 28 

not to be located under sidewalk 48 

Chimneys — 

'material for 20 

to be plastered 20 

howsupported 20 

height above roof 21 

projection of brick topping 21 

Inspector to notify if unsafe 23 

penalty for refusal to make safe 23 

of tenement houses 33 

CmEP Engineer— 

to survey unsafe structures . ^ 35 

CmEP OF Police — 
to prosecute persons for opening sidewalks without per- 
mit 49 

City Council — 

to define building limits 5 

may authorize sheds for storage and mechanical pur- 
poses within limits 8 

may authorize erection of grain and coal elevators with- 
in limits i 8 

to make lerms and conditions for erection of wooden 

buildings outside of limits 9 

to confirm Inspector 40 

to establish number of Assistant Inspectors 40 

to fix compensation of officers 42 

City Engineer — 

to survey unsafe structures 35 

.Clerk — 

appointment and confirmation of 40 

term of office of 40 

causes for removal 40 

Coal-holes — 

under sidewalk » 46 



60 

PAGB. 

how constructed .... 1 •47 

Trails of • 47 

Superintendent of Streets to supervise construction of. . 47 

owner responsible for damages ••• 47 

to be kept in repair 47 

occupant of abutting estate to be responsible for dam- 
ages » • 48 

may be altered by Board of Aldermen .48 

Columns — 

calculations for strength of • 7 

brick piers under to have cap iron or cap stone 17 

to rest upon iron plate or granite cap stone >. . . . . 17 

iron plate under 17 

Combustible Matebial — 

not to be stored in dwellings 25 

OONSTEUCTION — 

Inspector to pass upon questions relative to 41 

of coal-holes under sidewalks. ...*.. 46 

CONTBACTOB — 

penalty for violation of building act. 43 

COITTEACTS — 

Inspector and Assistant Inspectors not to he interested 

in 40 

COBNICE — 

to balance on wall 14 

fire-proof • • 19 

Costs — 
in cases of unsafe buildings 35-36 

Court — 

privy vaults to be two feet distant from. . . • « . . 62 

2>. ' 

Dakgeeous Structures — 

duties of Inspector with regard to 34-35-37 

notice to owner 34-37 

Inspector may affix notice 37 

duties of owner with regard to 34-35-36-37-38 

survey of ^ • . • 35-38 

liability for refusal to make safe 36 

remedy for parties aggrieved 36 



61 

PAGE. 

power of jury in cases of appeal 36 

costs in cases of appeal 3& 

right of city to recorer penalty for. ,36 

injunction may be issued .>. . . 37 

Inspector may affix notice 37 

penalty for removing notice 37 

proceedings when liable to be dangerous in case of fire . . 37 

Dbfikitign of Terms 9-10 

DEPARTMiatT FOB THB SuBVEY AND Ilf SPBCTIOa OF BuiLD- 
TSQS — 

creation of • 39 

designation of ^0 

to enforce provisions of act 40 

to be provided with office room and supplies 40 

officers of 40 

appointment and confirmation of officers of 40 

term of office of officers of 40 

qualifications of officers of 40 

right of officers to enter buildings 31-38-42 

DooBS — 

in party walls to be of iron 17 

of boiler-rooms to be iron or metal covered. 23 

stores and storehouses to have fire-proof doors 23 

how hui>g 23-24 

in places of amusement > 25 

DOOEWATS — 

notice of intention to cut »• 16 

dimensions of. ...• 16 

how closed • 17 

Drains — 

material for > 10 

how laid 10 

for privies * 51 

DWELLlKS-HOirSES — 

thickness of walls of 11 

combustible materials not to be stored in 25 

egress in case of fire 37 

stationary steam engine near 45 

grade of cellar of 49 

privies in 51 



62 

- E. 

PAGE. 

Eaeth Closets for tenement houses 27 

Elevators of Grain or Coal — 

City Council may authorize erection of vrithin limits. . . 8 

Elevators — * 

how protected 24 

duties of owner with regard to • • • • ^4 

penalty for neglect 24 

Engine — 

permit for erection of > . • 39 

Excavations — 

not to be ventilated into streets .^ 48 

may be filled up by order of Board of Aldermen 48 

Exemptions 5 

Explosive Substances — 

not to be stored under sidewalks 48 

Exterior Walls — 

definition of 9 

thickness of 11-12 

of stables and workshops . . 13 

backing of, when faced with stone 14 

facings to be tied to backing 14 

stone cornice, how laid 14 

not to be supported by wood-work 15 

to be anchored 1 

recesses and openings in 16 

of tenement and lodging houses 26 

F. 

Factory — 

egress from in case of fire 37 

Fires — 

duties of Inspector and Assistant Inspectors in case of. . 41 
Fire Department — 

Chief Engineer of to survey unsafe structures 35 

Fire-escape — 

to be placed on buildings in which operatives are em- 
ployed 24 

to be kept in good repair 24 



63 

PAGE. 

no incumbrances to be placed thereon 24 

in tenement and lodging boases 26 

-'Certain buildings to bave ^^ 37 

Fire-proof — 

cornices 19 

roofs 18-19 

shutters, doors and blinds 23 

Fireplaces, in tenement and lodging houses 33 

Flax — 

not to be stored in dwellings 25 

Floors — 

overloaded 37 

Floor Beams — 

to rest upon a wall or girder. 18 

butts to be splayed 18 

Floor Timbers, to have brick-woik between 18 

Flues — 

to be plastered 20 

to be built into walls 20 

height above roof 21 

distance of wood- work from 21 

no nails to be driven into 21 

Inspector to notify if unsafe 23 

penalty for refusal to make safe 23 

for ranges, boilers, furnaces and ovens to be 8 inches 

thick 23 

Foundations — 

depth of 7 

to rest upon solid substructure 7 

Foundation "Wall — 

definition of 9 

thickness of 11-12 

Furnaces — 

amoke pipe of 21 

how to be set 21-22 

notice of intention to place in buildings to be filed .... 22 

flues of to be 8 inches thick 23 

Furnace for Melting — 

permit for erection of 39 



64 

PAGB. 

Garbage — . 

tenement houses to have proper receptacles for ....... • 30 

Girders — 

calculations for strength of 7 

may be substituted for partition walls 13 

wooden, walls not to be supported by 15 

piers under to have cap iron, or cap stone 17 

Grade — 

Inspector to give 38 

act to establish 49 

order establishing 51 

Gutter Stone, to be equivalent to corbelling 16 

H. 

Halls — 

of tenement and lodging houses 33 

Hat — 

not to be stored in dwellings... 25 

Headers — 

to be hung in stirrup irons • 18 

Hearths, foundation for • 21 

Heating Apparatus — 

regulations respecting 21-22 

Inspector to notify if unsafe ^ • 23 

penalty for refusal to make safe • 23 

Hemp — 

not to be stored indwellings..... ..«• 25 

HOISTWAYS — * ' 

how protected i • 24 

duties of owners, lessees and occupants with regard to . . 24 

penalty for neglect * 24 

Hotel — 

egress in case of fire 37 

Houses — 

tenement, definition of 9 

lodging, definition of 10 



65 

I. 

IwFECTioxrs Diseases — page. 
duties of owners of tenement or lodging houses with re- 
gard to 31 

Inflammable Oil — 

not to be stored under sidewalk 48 

Ikjttnction' — 

mvLj be issued in case of unsafe building 37 

how obtained 43 

to prevent erecting or occupying stable without ap- 
proval of Board of Aldermen. 46 

to restrain construction of cellars below grade 60 

lEOif Plates — 

un^er lintels 15 

under columns » 17 

Inspector— 

to examine buildings before alterations • 7 

to direct the location and construction of sheds upon 

wharves 8 

may authorize the erection of sheds at building sites.. 8 

to give grade for cutting off piles 10 

to approve plans for tenement or lodging houses 26 

to approve fire-escapes * 26 

to approve construction of drains, etc 27-28 

duty with regard to dangerous structures 34-35-37-38 

to inspect and approve plans and specifications ........ 38 

to give permits 38-39 

appointment and confirmation of 40 

term of office of 40 

causes for removal 40 

qualification of 40 

to sign all certificates and notices 40 

to make returns of violations to City Solicitor 40 

to keep register of all transactions of his department. . 41 

to submit half-yearly statement to City Council 41 

to investigate origin of fires 41 

to have general supervision and direction over subordi- 
nate officers of department 41 

power to pass upon questions 41 

may require that plans be submitted 41 



66 

- PAGB. 

to examine all buildings in progress of erection, alter- 
ation and repair • • 12 

to make record of all violations of act 42 

to examine all dangerous, or damaged buildings ...... 42 

to examine all buildings under application to enlarge, 

alter, or repair 42 

absence of 42 

rigbt to enter buildings 38-42 

compensation to be fixed bj City Council 42 

J. 

JXTRY — 

power of, with regard to dangerous structures 36 

X. 

Lane — . 

privy vaults to be two feet distant from 63, 

Leaders — 

all buildings to have 19 

Lessee, see Owners. 

Levelleb, for columns supporting girders 13 

for piers or columns supporting walls 17 

Lintels — 

walls not to be supported by wooden lintels 15 

to be of su£&cient strength 15 

to rest upon iron plate 15 

piers under, to have cap iron or cap stone 17 

License — 

for stationary steam engines 45 

for stables 46 

for constructing cellars below grade 49 

Lodging House — 

definition of < 10 

hall partitions of 14 

IklANSABD ROOPS — 

height of 18 

Manufactory — 

egress in case of fire 37 

Massachusetts, Commonwealth or, buildings belonging 
to exempt from operations of act 5 



67 

PAGE. 

Materials — 

caloolatlons for strength of. 7 

combustible « '. 25 

Inspector and Assistant Inspectors not to be interested 
in contracts for furnishing 40 

Inspector to pass upon questions relative to 41 

Mayor — 

to appoint Inspector 40 

to approve appointments of subordinate officers 40 

Mayor and Aldermen — 

to license stationary steam engines ; 45 

Mechanical Purposes — 

wooden buildings for 8 

Mill — 

egress in case of fire. 37 

Mortar — 

to be of best quality 16 

o. 

OcCiTPANT, — see Owner. 

duties of with regard to coal-holes and vaults under 
sidewalks 48 

duties of in relation to cellars 60 

duties of in relation to privies 51 

Offal, to be properly taken care of 30 

Officers — 

of the department for "the Survey and Inspection of 
Buildings 40 

to have the right to enter buildings 31-38-42 

Oil — 

not to be stored in dwellings 25 

not to be stored under sidewalks 48 

Operatives — 

fire-escapes to be placed on buildings where employed . . 24 
Order — . 

establishing grade for cellars 60 

Ordinance — 

in relation to the Public Health, extract from .51 

Ovens — 

flues of to be 8 inches thick 23 



68 : 

PAOC. 
OWKERS — . 

may make necessary repairs.... 9 

duties of with regard to unsafe chimneys, flues, or 

heating apparatus 23 

to keep fire-escapes in repair 24 

duties of with regard to hoistways 24 

duties of, with regard to places of amusement 25 

to have right of appeal 26-39-41 

duties of with regard to tenement houses «. ..27-30-31 

duties of with regard to dangerous structures . . 34-35-36-37-38 

penalties of for violation of act 43 

duties of with regard to coal-holes and vatdts under 

sidewalks 47 

duties^of with regard to cellars 50 

duties of with regard to privies 51 

P. 

Pabtztiok Wall — 

definition of 9 

may be of less thickness than other walls ; 13 

certain buildings to have 13 

in tenement houses 14 

not to be supported by wood-work 15 

Paetitions — 

floor beams not to be supported by ... • 18 

to be placed over each other 18 

to rest upon wall, girder or hard-pine capping 18 

to head and foot against each other 18 

Paety Wall — 

definition of 9 

thickness of * • •• 11-12 

vaulted 13 

not to be supported by wood-work 15. 

not to be carried up in advance of rear walls « 15 

to be anchored >• 1^ 

to be carried up above roof and coped...... 16 

to be corbelled « 16 

openingsin 16 

recessesin 16-17 

Passageway — 

privy vaults to be two feet distant from... • ' 52 



69 

PAGK. 

Penalties — 

for violation of regulations relating to hoistwaya 24 

ft ti tt tt *t " places of amtise- 

ments 25 

for violation of regulations relating to tenement houses 34 

u u u tt tt tt unsafe buildings 36 

" " " building act 43 

" " *< regulations relating to stables 46 

*' " " ordinance relating to privies 61 

Permits— 

for occupying cellars • 30 

to erect buildings 38 

to make alterations and repairs 38 

to set or erect steam boilers, engines and furnaces 39 

for coal-holes, etc 48-49 

penalty for neglect to obtain 43 

PlEES — 

how built 9 17 

to have cap iron or cap stone... 17 

size of footing course for 17 

piles under.... • 18 

Peoes — 

how driven 10 

Inspector to give grade for cutting off 10 

distances apart • 10 

under piers or columns 18 

"Plans — - 

to be approved by Inspector 38 

to be submitted when required by Inspector 41 

Posts — 

calculations for strength of .'... 7 

Privies — 

for tenement houses 27 

not to be located under sidewalks 48 

construction of 51 

Public Halls — 

Inspector to approve plans of 38 

Public Health — 

extract from ordinance in relation to 51 



70 
0. 

PAGB. . 

Quays, exempt from operations of act 6 

Kafters — 

wooden, walls not to be supported by 15 

ends to be splayed 18 

Ranges — 

notice of intention to set to be filed 22 

outside of flue of same to be plastered upon the bricks . . 22 

flues of, to be eight inches thick 23 

Recesses in wgills 16-17 

Records — 

of all transactions of department 41 

of all violations of act 42 

of all examinations 42 

of condition of buildings to be raised, enlarged, altered 

or built upon 42 

to be open to inspection 42 

Referees — 

how appointed 41 

to decide questions 41 

Registers — 

regulations respecting 22 

Regulations — 
Inspector may make, for setting boilers, engines and 

furnaces S9 

Repairs — 

plans of to be submitted 41 

Roofs — 

substitution of flat for pitch 9 

party walls to be carried above 16 

roofing materials 18 

to have scuttle ,\ 18 

height of Mansard 18 

- fire-proof, regulations relating to 19 

tenement or lodging houses to have ventilator in ..... . 26 

of tenement house to be kept in repair 26 

Roop Timbers — 

to have brick work between 18 



-t 



1C 



71 



'■^ 



''% 



PAGE. 



KOOMS — 

height of, in tenement afid lodging houses 33 

Rubbish — 
tenement and lodging houses to have receptacles for . . . 33 



^' Scuttle^ 

all buildings to hare 18 

frames and covers to be covered with non-combustible 

- ; materials 20 

^. to have step ladders or stairs leading to^ same 20 

^ Shavings — 

-t; not to be stored in dwellings 25 

':^" Sheds — 

%; may be built upon wharves 8 

City Council may authorize erection of, within limits.. 8 

Inspector may authorize erection of, at building sites . . 8 

Shutters — 

of stores and storehouses to be fire-proof 23 

how hung 23-24 

Sidewalks — 

construction of coal-holes under 46 

no boiler, steam-shaft, furnace or steam-pipe to be lo- 

lated under 48 

no cesspool, privy, or water-closet to be located under 48 
no explosive substance or inflammable oil to be stored 

under 48 

excavations under may be filled up or rebuilt by order 

of Board of Aldermen 48 

excavation under not to be left open 48 

permit for excavating under 48-49 f 

Smoke Pipes, how guarded 21 

Specifications — 

to be inspected by Inspector 38 

copies of, to be deposited in office of Inspector 39 

Square — 

privy vaults to be two feet distant from 52 

Stables — 

external walls of 13 

act concerning the erection of 46 



i^r 



r'3 



72 

-^ ' PAOE. 

location to be approved by Board of Aldermen 46 

penalty for erecting or occupying without approval ... -46 

injunction may be issued to prevent erecting or occupy- 
ing 46 

Staging — 

unsafe » • 34 

Stairs of tenement houses > • 27 

Steam Boiler — 

permit for setting of 39 

Steam Engines — 

stationary, act in relation to.... •• 45 

Steam Pipe — , 

not to be located Tinder sidewalk 48 

Steam Shaft — 

not to be located under sidewalk 48 

Stirrup Irons — 

trimmers and headers to be hung in 18 

Stone Facing — 

to be securely clamped < 14 

Stone Cornice — 

to balance on wall - 14 

Storage — 

sheds for might be built upon wharves 8 

City Council may authorize sheds for within limits .... fi 

Stores — 

to have fire-proof doors, blinds or shutters 23 

Store Houses — 

to have fire-proof doors, blinds or shutters 23 

Straw — 

not to be stored in dwellings • 25 

Street — 

width of in relation to tenement houses 26 

privy vaults to be two feet distant from 62 

Structures — 

unsafe •• 34 

Superintendent op Streets — 

to issue permits for excavations under sidewalks 46 

to supervise the construction of coal-holes and vaults.. 47 



PAGH» 

Superintendent OF Sewers — 
■^ - may authorize construction of conduits from privy 

^'" vaults 52 

!^' Supreme Judicial Court — 

may issue injunction in case of unsafe buildings 37 

may issue injunction in case of violations of act 43 

'■->■ may order removal of violations 44 

~" may issue injunction to prevent erection or occupancy 

of stables 46 

may issue injunction to prevent construction of cellars 

below grade 60 

Survey — 

of unsafe structures 35-38 

Surveyors — 

of unsafe struct ureS; how appointed 35 

right to enter buildings 38 

T. 

Tenant, — see Owner 47 

' ^ . Tenement House — 

■iv: .~" definition of 9 

~^-^ hall partitions of '. 14 

-^ to conform to act 25 

^ ." Inspector to approve plans for 26 

height and material for 26 

ventilation of 26 

to have fire-escape 26 

roof to be kept in repair 26 

-^ stairsof 27 

water-closets, drains, etc 27-28 

occupancy of cellars of 28-29-30 

to have proper receptacles for garbage 30 

no dangerous or combustible material to be stored in . . 30 

animals not to be kept in 30 

cleanliness of 30 

- agent or owner's name to be posted 30 

^v / to be whitewashed twice a year 30 

^^''- ' infectious diseases in 31 

■ unfit for habitation to be vacated 31-32 

provisionfor light and air.... 32 



74 

PAGE. 

open space between buildings 32 

height of rooms 32-33 

constrnction of windows 33 

chimneys of • > • 33 

receptacles for ashes and rubbish 33 

water to be furnished .' 33 

cellar to be water-tight 33 

halls of 33 

Board of Health may make regulations 34 

penalty for violation of provisions 34 

Theatres — 

see amusement, places of 25-38 

Timber — 

not to be used in walls 15 

Teimmees — 

to be hung in stirrup irons 18 

Tuepeittine — 

not to be stored in dwellings. 25 

u. 

UiriTED States, buildings belonging to exempt from op- 
erations of act S 

Unsafe Buildings^ • 3^ 

T, 

Vaults — ~ 

of tenement houses 27 

under sidewalks 46 

how constructed 47 

wallsof 47 

Superintendent of Streets to supervise construction of. . 47 

owner of, to be responsible for damages 47 

to keep in good repair 47 

occupant of abutting estate to be responsible for dam- 



ages 



48 



may be altered by order of Board of Aldermen. ...... 48 

extract from ordinance in relation to » 51 

how built 51-62 

Vaulted Party Walls • 13 

Ventilation of tenement and lodging houses 26 



75 

PAGE. 

Violations of Act — 

penalty for 42 

Supreme Judicial Court may order removal of ' 44 

w. 

Walls — 

to be properly bonded and solidly built 7 

• thickness of .... 7-11-12 

height of, how measured 7 

external, definition of 9 

party, definition of 9 

foundation, definition of 9 

partition, definition of 9 

of stables and workshops, thickness of 13 

vaulted party walls 13 

partition, to be built in certain cases 13 

partition, in tenement houses 14 

backing of, when faced with stone 14 

stone facing of, to be clamped 14 

how bonded 14 

not to be supported by wood-work 15 

no timber to be used in 15 

side, end, or party, not to be carried up in advance of 

rear 15 

to be anchored to each other 15 

to be anchored to beams 15 

recesses and openings in 16-17 

of tenement or lodging houses to be of brick or stone- . 26 

insufficient thickness of 37 

Water — 

for tenement houses 33 

Water-closets — 

for tenement houses 27 

not to be located under sidewalk 43 

Wharves — 

exempt from operation of act 5 

Windows — 

for ventilating tenement and lodging houses 26 

' in tenement and lodging houses .» 33 



76 

PAGE. 

Wooden Buildings — 

Qot to be built ■within limits, except in certain cases. . . 8 

not to be moved within limits 8 

Inspector may authorize sheds at building sites 8 

sbeds may be built upon wharves 8 

City Council may authorize elevators, etc 8 

City Council to regulate erection of outside of limits . . 9 

height not to be increased 9 

repairs upon 9 

WOBK-SHOPS — 

thickness of walls of 13 



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J 

i. ■ 



J:S52 • 187* 







OF THE CITY OF 

BOSTON 

J!«52 « 181^ 



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