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Full text of "Digest of the statutes and of the ordinances relating to the inspection and construction of buildings in the city of Boston, 1887"

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CITY OF BOSTON. 



DIGEST 



S TAT UTES 



AND OF THE 



ORDINANCES 



RELATING TO THE 



INSPECTION AND CONSTRUCTION OF BUILDINGS 
IN THE CITY OF BOSTON. 

1887. 




BOSTON: 
ROCKWELL AND CHURCHILL, CITY PRINTERS, 
No. 39 ARCH STEEET. 
18 8 7. 



/ 



ORGANIZATION 



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Inspector of Bufloings. 

JOHN S. DAMEELL 47 Hancock Street. 

(Clerk of Department. 

CHARLES S. DAMRELL 47 Hancock Street. 

Assistant- Inspectors. 

MICHAEL W. FITZSIMMONS 12 Worthington Street. 

WILLIAM ERYE 8 Quincy Street. 

HARTFORD DAVENPORT . . . Hancock Street, near Columbia Street. 

GEORGE W. GRIFFIN 40 Pearl Street. 

LEVI W. SHAW 73 Chandler Street. 

MARTIN T. GLYNN 8 Gates Street. 

JOHN KELLEY 96 Bunker Hill Street. 

JAMES J. BARRY 374 Centre Street. 

NAHUM M. MORRISON 1 Morrison Street. 

JAMES H. COLLINS 45 Laurel Street. 

THOMAS A. SLATER . . . . . . . . . 28 Northfield Street. 

MATTHEW WALSH 22 Concord Street. 

MICHAEL H. HARTNETT 693 Dudley Street. 

WILLIAM B. BOTHAMLY 312 Columbia Street. 

JOHN MARLEY 8 Seneca Street. 

JOHN J. REAGAN 192 Athens Street. 

HENRY L. JONES 57 Marion Street. 



Office, Old State-House, State Street. 



Office Hours 
Saturdays 



From 9 A.M. to 5 P.M. 
From 9 A.M. to 2 P.M. 



STATUTES 



RELATING TO THE 



INSPECTION AND CONSTRUCTION OF 

BUILDINGS IN THE CITY OF 

BOSTON. 



CHAPTER 374. 



' chief 



Section 1. There shall be in the city of Boston a depart- 
ment, to be called the Department for the Inspection of Build- 
ings, which shall be furnished, at the expense of the city, with 
office room and such supplies for the transaction of its business 
as the city council may provide. The compensation of its offi- 
cers shall be provided for by said city by ordinance. 

Sect. 2. The chief officer of said department shall be called Title of < 

officer and his 

the inspector of buildings, and shall be appointed by the mayor term of office.. 
and confirmed by the board of aldermen. He shall hold office 
for the term of three years, or until his successor shall be 
appointed and confirmed ; but may be removed by the mayor 
for malfeasance, incapacity, or neglect of duty. 

Sect. 3. The other officers of said department shall consist other officers. 
of a clerk, and such number of assistant-inspectors as the city 
council may, from time to time, by ordinance determine ; all 
of whom shall be appointed by the inspector, with the approval 
of the mayor, and shall hold office during good behavior ; but 
may be removed by the inspector, with the approval of the 
mayor, for malfeasance, incapacity, or neglect of duty. 

Sect. 4. The inspector and assistant-inspectors of the de- Qualifications. 
partment shall be able and experienced architects, builders, or 
mechanics, and shall not be employed or engaged in any other 



DIGEST OF BUILDING LAWS. 



Duties of the 
inspector. 



Appeals. 



Duties of clerk. 



Duties of 

assistant- 
iuspeotors. 



business, or be interested in any contract for building or for 
furnishing materials. 

Sect. 5. All said officers may, as far as necessary for the 
performance of their duties, enter any building or premises in 
the city of Boston. 

Sect. 6. The inspector shall keep a record of the business 
of said department ; submit to the city council a yearly report 
of such business ; ascertain all facts and make all returns which 
shall be required by law relative to steam-boilers ; and enter 
upon the premises wherein any fire has occurred, if necessary, 
in order to investigate the origin of the fire ; may require plans 
and specifications of any proposed erection or alteration of any 
building ; and shall grant permits for such erection or altera- 
tion, when in conformity with the requirements of this act. 

Sect. 7. Should the owner of any building object to any 
order or decision of said inspector, on a matter left by this act 
to his approval or control, and choose a referee to serve as 
hereinafter provided, within three days after being notified of 
such order or decision, the matter shall be referred to three 
referees, who shall be either architects or master-builders, one 
chosen by the inspector, one by the owner, and a third by these 
two ; and the decision thereon in writing of these referees, or 
a majority of them, shall be final and conclusive. 

Sect. 8. The clerk shall, under the direction of the in- 
spector, have supervision and direction of the other officers and 
employes of the department. 

Sect. 9. The assistant-inspectors of buildings shall attend 
all fires occurring in the districts to which they are respectively 
assigned, and report to the chief or assistant engineer of the 
fire department, 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. 

Sect. 10. The inspector, or his assistants, shall examine 
all buildings in the course of erection or alteration, as often as 
practicable, and make a record of all violations of this act, 
with the street and number where such violations are found, 
the names of the owner, architect, and master-mechanics, and 
all other matters relative thereto. 



DIGEST OF BUILDING LAWS. 7 

Sect. 11. The inspector, or his assistants, shall examine all 
buildings reported dangerous, or damaged by fire or accident, 
and make a record of such examinations, including the nature 
and amount of such damage, with the name of the street and 
number of the building, the names of owner and occupant and 
for what purpose occupied, and, in case of fire, the probable 
origin thereof ; examine all buildings for which applications 
have been made to raise, enlarge, alter, or build upon, and 
make a record of the same. Said records shall always be open 
to the inspection of the engineers of the fire department or any 
officer of the city. 

Sect. 12. In the absence of the inspector, one of the as- Whe f de P ut y 

1 may be 

sistant-inspectors maybe appointed by him to act as his deputy, appointed. 
who shall exercise all the powers of the inspector. 

Sect. 13. No work except necessary repairs shall be done Permits, when 

*- J L required. 

upon any wall, structure, or building in said Boston without a 
permit from said inspector of buildings, nor except in con- 
formity with the provisions of this act. 

Sect. 14. The inspector of buildings shall designate, in Grade of base- 

ment floor. 

every permit for the erection of a new building, the lowest 
grade at which the floor of the basement story of said building 
shall be laid. 

Sect. 15. The said inspector shall not give a permit for the Plans and 

. _ specifications 

erection of any building until he has carefully inspected the to be approved. 
plans and specifications thereof, ascertained that the building 
has sufficient strength, and that the means of ingress and egress 
are sufficient. A copy of plans and specifications of every 
public building shall be deposited in the office of the inspector. 

Sect. 16. Every wall, structure, and building hereafter Exemptions. 
built or altered in said city shall conform to the provisions of 
this act, so far as they are applicable, except bridges, quays, 
wharves, and buildings belonging to the government of the 
United States or the Commonwealth of Massachusetts. 

Sect. 17. In this act the following terms shall have the Definitions. 
meanings respectively assigned to them : — 

" Alteration " means any change or addition except necessary 
repairs in, to, or upon any building, affecting an external, 



8 DIGEST OP BUILDING LAWS. 

party, or partition wall, chimney, floor, or stair-way, and "to 
alter " means to make such change or addition. 

"Brick building" means a building the walls of which are 
built of brick, stone, iron, or other substantial and incombusti- 
ble materials. 

" Cellar " means a basement or lower story of any building 
of which one-half or more of the height from the floor to the 
ceiling is below the level of the street adjoining. 

" External wall " means eveiy outer wall or vertical enclos- 
ure of a building other than a party wall. 

" Foundation " means that portion of a wall below the level 
of the street curb, and, where the wall is not on a street, that 
portion of the wall below the level of the highest ground next 
to the wall. 

" Inspector " means the inspector of buildings of the city of 
Boston. 

" Lodging-house " means a building in which persons are 
temporarily accommodated with sleeping apartments, and in- 
cludes hotels. 

" Partition wall " means any interior wall of masonry in a 
building. 

" Party wall " means every wall used, or built in order to be 
used, as a separation of two or more buildings. 

" Public building " means every building used as a church, 
chapel, or other place of public worship ; also every building 
used as a college, school, public hall, hospital, theatre, public 
concert-room, public ball-room, public lecture-room, or for any 
public assemblage. 

"Tenement-house" means a building which, or any portion 
of which, is to be occupied, or is occupied, as a dwelling by 
more than three families living independently of one another, 
and doing their cooking upon the premises ; or by more than 
two families above the second floor so living and cooking. 

" Wooden building " means a wooden or frame building. 

Sect. 18. The height of a wall means the height from the 
mean grade of the sidewalk or adjoining ground to the highest 
point of the wall. 



DIGEST OF BUILDING LAWS. 9 

Sect. 19. The thickness of a wall means the minimum 
thickness of such wall. 

Sect. 20. The city council of said city may by ordinance Cit y council 
make such requirements in addition to those contained in this regulations for 
act as they may deem expedient in relation to the erection and ™°° e ° tgi ^ 
alteration of wooden buildings outside the building limits. limits. 

Sect. 21. The city may from time to time, by ordinance, Wooden build- 

J J * ings allowed in 

extend and establish building-limits in said city, and within buiiding-iimits. 
those limits every building built after such establishment shall 
be of brick, stone, iron, or other substantial and incombustible 
material, and only the following wooden buildings shall be 
allowed, viz. : Sheds not exceeding twenty-seven feet in height, 
on wharves, to be used for any lawful purpose ; sheds of same 
height, in all parts of said limits, to be used for market pur- 
poses or to facilitate the building of authorized buildings ; and 
elevators of any height for the storage of coal and grain ; all 
external parts of which sheds and elevators shall be covered 
with incombustible material, and the materials used, the mode 
of construction, and the location shall be approved by the in- 
spector. 

Sect. 22. Any wooden building within said limits may be Wooden build- 
ings may be 
altered or repaired in any manner approved by the inspector, repaired, etc. 

provided neither its area nor height is increased. 

Sect. 23. No wooden building within or without the build- m°™s ° f 

. . ... . wooden 

ing-limits shall be moved to any lot within said limits where it buildings. 
would be in violation of law to build such wooden building. 

Sect. 24. In all calculations for the strength of materials Calculation for 

strength of 

to be used in any building, the proportion between the safe materials. 
weight and the breaking weight shall be as one to three, for 
all beams, girders, and other pieces subjected to a cross strain ; 
and as one to six for all posts, columns, and other vertical sup- 
port, and for all tie-rods, tie-beams, and other pieces subjected 
to a tensile strain ; and the requisite dimensions of each piece 
of material are to be ascertained 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. All 
mortar and cement shall be of the best quality for the purposes 
for which they are applied, and shall be properly mixed. 



10 



DIGEST OF BUILDING LAWS. 



Permits 
required. 



Bay-windows, 
etc. 



External and 
party walls of 
tenement and 
lodging houses 
to be of brick, 
etc. 



Foundations 
to be laid 
below frost. 



Sect. 25. No building now or hereafter built shall be 
altered until it has been examined and approved by the in- 
spector as being in a good and safe condition to be altered as 
proposed, and the alteration so made shall conform to the pro- 
visions of this act. 

Sect. 26. No wall of any building now erected, or here- 
after to be built or erected, shall be cut off or altered without 
a permit so to do having been first obtained from the inspector. 
Every temporary support placed under any structure, wall, 
girder, beam, or column during the erection, finishing, alter- 
ing, or repairing of any building, or part thereof, shall be 
equal in strength to the permanent support required for such 
construction. And the walls and roof of every building shall 
be strongly braced from the beams of each story until all the 
bearing parts of the construction are completed, unless omitted 
by consent of inspector. 

Sect. 27. No bay-window or other structure shall be 
placed upon any building so as to project over any public way 
or square, without the permission of the board of aldermen, 
given after due notice and hearing, and then only in such 
manner as shall be approved by the inspector. 

Sect. 28. In the erection or alteration of any building the 
material of which, in whole or in part, is other than brick, 
stone, or wood, the thickness of walls of such material and 
the method of construction shall be such as the inspector shall 
approve. 

Sect. 29. All buildings in said city, to be used for tene- 
ment-houses or lodging-houses, and all buildings for any pur- 
pose within the building limits, except as provided in sections 
twenty and twenty-one, shall have external and party walls of 
brick, stone, iron, or other substantial and incombustible mate- 
rial, and shall be subject to all the requirements for a " brick 
building," except as otherwise expressly stated. 

Sect. 30. Every brick building hereafter built in said city 
shall be built upon a foundation resting not less than four feet 
below the surface exposed to frost, upon the solid ground, or 
levelled surfaces of solid rock, or upon piles, concrete, or other 
solid substructure. 



DIGEST OP BUILDING LAWS. 11 

Sect. 31. Whenever any excavation, in the city of Boston, Excavations. 
is to be carried to the depth of more than ten feet below the 
grade of street, and there shall be any wall or structure wholly 
or partly on adjoining land, or near the intended excavation, 
the party causing such excavation" to be made, if afforded the 
necessary permission to enter on such adjoining land, shall at 
all times, from the commencement until the completion of such 
excavation, at his own expense, preserve such wall or structure 
from injury, and so support the same by proper foundations 
that it shall remain as stable as before the excavation was com- 
menced. Should the person making such excavation fail to 
protect said wall or structure from injury for twenty-four hours 
after being notified by the inspector of buildings so to do, the 
inspector may enter upon said premises and employ such labor, 
and furnish such materials, and take such steps, as in his judg- 
ment may be necessary to make said wall or structure safe and 
secure ; and any person or persons doing said work, or any 
part thereof, by the order and direction of the inspector, may 
bring and maintain an action against the party causing such 
excavation to be made for the value of such work. The party 
causing such excavation to be made may recover compensation 
from the adjoining owner in case such adjoining owner should, 
at any time thereafter, make any use of said foundations below 
said ten feet below grade. 

Sect. 32. Piles driven for a wall to rest upon shall be not Piling. See 

Plate A 1. 

less than five inches in diameter at the smallest end, and shall 
be spaced not more than three feet on centres, in the direction 
of the length of the wall, and nearer if required by the in- 
spector ; they shall be driven to a solid bearing, to be ascer- 
tained by boring, at the expense of the owner, when required 
by the inspector. The inspector shall determine the grade at 
which piles shall be cut off. 

Sect. 33. Walls not exceeding twenty feet in height, where Piling. 
piling is necessary, may rest on a single row of piles, if deemed 
advisable by the inspector ; walls exceeding twenty feet in 
height shall rest on not less than two rows of piles. Extra 
piles shall be driven where required by the inspector. 

Sect. 34. For brick buildings exceeding thirty-five feet in see Plate i. 



12 



DIGEST OF BUILDING LAWS. 



Foundations 



See Plate 2. 



See Plate 3. 



Foundations. 



See Plate 4. 



See Plate 5. 



height there shall be under all foundation walls, piers, col- 
umns, posts, and pillars resting on the earth, a footing or base 
course of stone or concrete, which, if under a foundation wall, 
shall be not less than twelve inches wider than the bottom 
width of said wall, and not less than twelve inches thick ; and 
if under piers, columns, posts, and pillars, shall be of stone, 
and not less than twelve inches wider on all sides than the bot- 
tom area of said piers, columns, posts, and pillars, and shall be 
not less than two feet by three feet in area by twelve inches 
in thickness, and when laid to be thoroughly bedded in cement. 
If the walls rest on isolated piers, then there must be under 
such piers, footings, at least sixteen inches thick, thoroughly 
bedded in cement. All piles shall be capped with block- 
granite levellers, each stone to have a firm bearing on at least 
one pile in each row. 

Sect. 35. Foundation walls of brick buildings, other than 
dwelling, tenement, or lodging houses, shall be constructed of 
block stone, laid in horizontal courses, with good bed and 
build surfaces, wedged with slate stone and laid in cement 
mortar, and eight inches thicker than the external or party 
wall immediately above and over the same ; if said foundation is 
to be set to a depth of more than fifteen feet below the grade 
of the street, for each and every five feet additional depth 
greater than fifteen feet below the grade of street it shall be 
increased four inches in thickness. Foundations of such build- 
ings not more than forty feet in height may be built of rubble- 
work laid in cement and sand mortar, if the thickness of the 
foundation walls is one-fourth greater than given for block 
stone, and laid as specified in section thirty-six. In case of 
severe thrust or pressure on said walls, from any cause, there 
shall be such extra strengthening of said walls, by thickening 
or by buttresses, or both, as the inspector may approve. 

Sect. 36. Foundation walls of brick buildings to be used 
as dwelling, tenement, or lodging houses, not exceeding thirty- 
five feet in height, if laid with block stone in horizontal courses, 
shall be not less than eighteen inches thick, or, if in brick 
laid in cement, shall be not less than sixteen inches thick ; 
exceeding thirty-five and not exceeding sixty feet in height, 



DIGEST OF BUILDING LAWS. 13 

the foundations shall be not less than twenty-four inches thick, Foundations. 
if laid in block stone in horizontal courses ; if in brick laid in 
cement not less than twenty inches thick ; for every fifteen feet 
additional height the thickness of foundations shall be increased 
four inches ; if the walls do not exceed seventy-five feet in 
height the foundation walls may be built of uncoursed rubble- 
work laid in cement mortar ; but in all cases the thickness shall See Plate 6 ' 
be one-fourth greater than that given for block stone, and the 
work shall be thoroughly bonded, and, at least, two-thirds of 
the bulk of the wall shall be through stones, and no round or 
boulder stones shall be used ; provided, that when such walls 
are laid on piles the lower course shall be block stone, not less 
than sixteen inches in height. 

Sect. 37. All brick walls and buttresses shall be of mer- Wallsand 

buttresses. 

chantable, well-shaped bricks, well laid and bedded, with well- 
filled joints, in lime or cement mortar, and well flushed up at 
every course with mortar ; and all brick used during the warm 
months shall be well wet at the time they are laid, and shall be 
dry at the time they are laid during the cold months. 

Sect. 38. All walls of brick, stone, or other similar mate- Walls ' how 

built. 

rial shall be thoroughly and practically bonded and tied, and 
solidly put together; shall be built to a line, plumb and 
straight, and laid with mortar or cement, and all supports of 
the same shall be of iron, brick, or stone, and of sufficient 
size and strength to safely support the superstructure. 

Sect. 39. Vaulted walls of the same thickness, independent Vaulted wails. 
of withes, may be used instead of solid walls, and the walls 
on either side of air space shall be not less than eight inches 
thick, and tied together perpendicularly with continuous withes 
of hard-burned brick, of good quality, or other approved mate- 
rial, which shall be not more than three feet apart, and the air 
space shall be smoothly plastered. 

Sect. 40. Where a wall is finished with a stone cornice the stone cornice, 
greatest weight of material of such cornice shall be on the in- 
side of the face of the wall, so that the cornice shall firmly 
balance upon the wall. 

Sect. 41. Every ninth course at least of a brick wall shall Heading or 
be a heading or bonding course, except where walls are faced courses. 



14 



DIGEST OF BUILDING LAWS. 



Party vails 
above roof. 

See Plate 7. 



Roof and floor 
timbers. 



See Plate 8. 



See Plate 9. 



External and 
party walls. 



See Plate 10. 



See Plate 11. 



See Plate 12. 



See Plate 13. 



External walls. 



with face-brick, in which every ninth course shall be bonded 
with Flemish headers or by cutting the course of the face-brick 
and putting in diagonal headers behind the same. 

Sect. 42. Every party wall shall be built through, and at 
least twelve inches above or distant from, the roof boarding, 
at every part of the roof; shall be entirely covered with metal 
securely fastened, and corbelled to the outer edge of all pro- 
jections ; or a gutter stone of suitable dimensions and properly 
balanced may be inserted in place of the corbelling. But 
where the walls extend thirty-six inches above the adjoining 
building parapet walls may be omitted. 

Sect. 43. All roof or floor timbers entering the same party 
wall from opposite sides shall have at least four inches solid 
brick-work between the ends of said timbers. 

Sect. 44. External walls of brick buildings to be used as 
dwelling, tenement, and lodging houses, not more than twenty 
feet in width, and thirty feet in height, and not exceeding forty 
feet in depth, may have eight-inch walls ; not exceeding sixty 
feet, shall be not less than twelve inches thick the entire height ; 
exceeding sixty feet, and not exceeding seventy feet in height, 
shall be sixteen inches thick to a height of twenty feet, or the 
top of the second floor, and twelve inches the remaining height ; 
exceeding seventy feet, and not exceeding eighty feet in height, 
shall be twenty inches thick to the top of the second floor, and 
sixteen inches thick to the top of the upper floor, and twelve 
inches the remaining height, if the upper story is not more than 
ten feet in height ; exceeding eighty feet, and not exceeding 
one hundred feet in height, shall be twenty- four inches to the 
second floor, and sixteen inches thick the remaining height ; ex- 
ceeding one hundred feet in height, the additional thickness 
shall be determined by the inspector. 

Sect. 45. Brick buildings to be used as other than dwell- 
ing, tenement, or lodging houses shall have external walls not 
exceeding forty feet in height, not less than sixteen inches thick 
to the top of the second floor, and not less than twelve inches 
thick the remaining height ; exceeding forty feet, and not ex- 
ceeding sixty feet in height, twenty inches thick to the top of 
the second floor, and sixteen inches thick to the top of the upper 



DIGEST OF BUILDING LAWS. 15 

floor, and twelve inches thick the remaining height ; exceeding 

sixty feet, and not exceeding eighty feet, twenty inches thick to 

the top of the third floor, and sixteen inches thick to the top of 

the upper floor, and twelve inches thick the remaining height ; 

exceeding eighty feet, and not exceeding one hundred feet in 

height, twenty-four inches to the top of the first floor, twenty 

inches to the top of the third floor, and sixteen inches thick the See Plate u - 

remaining height ; exceeding one hundred feet in height, shall 

be of such additional thickness as shall be determined by the 

inspector. 

Sect. 46. The external walls of brick buildings not ex- External wails 
ceeding thirty-five feet in height, and not exceeding two thou- 
sand superficial feet, to be used for stables or light mechanical 
purposes, may be twelve inches thick. 

Sect. 47. Recesses and openings may be made in external Recessesand 

1 ° J openings in 

walls provided that the backs of such recesses are not less than external wails. 
twelve inches in thickness, and that the areas of such recesses 
and openings do not, taken together, exceed one-half of the 
whole area of the wall in which they are made. This restric- 
tion shall not apply to street fronts properly constructed of iron 
or iron and masonry. 

Sect. 48. If the owner shall elect, the amount of material Piersand 

buttresses. 

herein specified for external walls in sections forty-four and 
forty-five may be used either in piers or buttresses, provided 
the external walls between said piers and buttresses shall not 
be less than twelve inches thick in buildings less than fifty feet 
in height ; if in excess of fifty feet, and not over one hundred 
feet in height, the external walls between said piers and but- 
tresses shall be not less than sixteen inches thick. No external 
wall between the window caps and tops of floors at each story 
shall be of less thickness than that prescribed for external walls 
in sections forty-four and forty-five. 

Sect. 49. In all brick buildings over twenty-five feet in When party 
width, not having either brick partition walls, or girders sup- wa iisareto 
ported by columns running from front to rear, and the entire be increa8ed 

. in thickness. 

height of the building, the external and party walls shall be 
increased four inches in thickness for every additional twenty- 
five feet in the width of said building. 



16 



DIGEST OF BUILDING LAWS. 



Not to exceed Sect. 50. No building hereafter erected, except churches 

80 ft. in height. ° i 

and grain elevators, shall exceed a height greater than eighty- 
feet to the highest point from the level of the sidewalk, ex- 
clusive of chimneys and party walls above the roof, unless 
constructed throughout of incombustible material, excepting 
interior finish. 

Sect. 51. Party walls of brick buildings to be used for 
dwelling, tenement, or lodging houses shall be of the same 
thickness for different heights as external walls of such build- 
ings, but in no case less than twelve inches thick, except as 
provided in section forty-four. 

Sect. 52. Party walls of brick buildings to be used for 
other purposes than dwelling, tenement, or lodging houses 
shall, when not exceeding forty feet in height, be sixteen inches 
thick to top of second floor, and twelve inches above ; exceed- 
ing forty feet, and not exceeding sixty-five feet in height, 
twenty inches to the top of the second floor, and sixteen inches 
above ; exceeding sixty-five feet, and not exceeding eighty feet 
in height, twenty-four inches to the top of the first floor, 
twenty inches to the top of the third floor, and sixteen inches 
above ; exceeding eighty, and not exceeding one hundred feet 
in height, twenty-four inches to the top of the third floor, 
twenty inches to the top of fifth floor, and sixteen inches 
above. 

Sect. 53. No continuous vertical recess, chase, or flue shall 
be made in any party wall so deep that it will leave the thick- 
ness at the back less than eight inches at any point, and no 
recess of any kind shall be made in any eight-inch wall. No 
horizontal recess shall be made in any wall, except by a special 
permit from the inspector. No continuous vertical recess, other 
than flues, in stacks, shall be nearer than seven feet to any 
other recess. 

Sect. 54. All brick buildings to be used as dwelling, tene- 
ment, or lodging houses, in excess of thirty feet in width, shall 
have brick partition walls, not less than twelve inches thick, on 
which the floor-beams shall rest, and said walls shall not be 
more than twenty-five feet apart. 
Partition walls Sect. 55. Every brick building hereafter erected, more than 



Party walls of 
dwelling, 
tenement, and 
lodging houses. 



See Plate 15. 



Party walls. 



See Plate 16. 



Recess, chase, 
or flue. 



Partition walls 
in dwellings, 
etc. 



DIGEST OF BUILDING LAWS. 17 

thirty feet in width, except dwelling, tenement, or lodging in others than 

houses, public buildings, railroad stations, and stables, shall 

have one or more brick or stone partition walls running from 

front to rear, and carried up to the full height of the building ; 

said wall or walls may be four inches less in thickness than is 

called for by the provisions relating to the thickness of external 

walls for a brick building, to be used for the same purpose, 

unless the wall is used for a floor-bearing wall, which shall in 

no case be less than twelve inches ; these walls shall be so 

located that the space between any two of the floor-bearing 

walls of the building shall not be over twenty-five feet. 

Sect. 56. Girders or iron beams and columns may be sub- Girders or 

- „ . . n • i -i t i beams and 

stitutcd tor partition walls in buildings not more than one columns, when 
hundred feet in width, and shall be made of sufficient strength substkuted *> r 

° partition walls. 

to bear safely the weight which they are intended to support 
yi addition to the weight of material employed in their con- 
struction ; but where wooden columns or wooden girders are 
used the columns shall not be farther apart than twelve feet. 

Sect. 57. Walls may be made with a facing of stone or Wallswhen 
other approved material securely tied to a backing of not less st0 ne. 
than eight inches of hard brick-work laid in mortar, by means 
of metal clamps ; but the thickness of facing and backing, 
taken together, shall not be less than the thickness required for 
a brick wall of the same height. 

Sect. 58. No timber shall be used in any wall of any brick No timber 
building except arch forms for interior arched openings. 

Sect. 59. All lintels used to support walls or other weights Lurteisand 

. arches. 

over openings shall be of sufficient strength and bearing to 
carry the superimposed weights ; and iron beams or lintels shall, 
when supported at the end by brick walls or brick piers, rest 
upon an iron plate at least two inches thick, the full size of 
the bearing, and where beams are not over six feet in length 
the plates may be omitted. All arches not having sufficient 
piers or abutments to resist the thrust of the superimposed 
loads shall have proper and sufficient iron ties. 

Sect. 60. No side wall or brick building shall be carried Side wal1 not 

, „ . ., to be in advance 

up in advance ot the rear wall. ofrearwaii. 

Sect. 61. All walls of a brick building meeting at an angle 



18 



DIGEST OF BUILDING LAWS. 



Walls to be 
anchored to 
each other. 



Walls to be 
anchored to 
beams, and 
girders to be 
strapped 
together. 



Openings in 
party walls. 



Cornices and 
gutters. 



Piers, how laid 



shall be anchored to each other, every ten feet in their height, 
by tie-anchors, made of at least one and a quarter inch by 
three-eighths of an inch wrought-iron, which shall be securely 
built into the side or partition 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. 

Sect. 62. All walls of a brick building on which the ends 
of beams rest shall be anchored at each tier of beams, at in- 
tervals of not more than ten feet apart, with good, strong, 
wrought-iron anchors at least one-half inch by one and one-half 
inch, well built into the walls and fastened at the top of the 
beams ; and, where the beams are supported by girders, the 
ends of the beams resting on the girders shall be butted 
together end to end, 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. 

Sect. 63. No opening or doorway shall be cut through a 
party wall of a brick building without a permit from the inspec- 
tor ; and every such doorway shall have top, bottom, and sides 
of stone, brick, or iron ; shall be closed by two sets of wrought- 
iron or metal-covered doors (separated by the thickness of the 
wall) hung to rabbeted iron frames, or to wooden frames 
entirely covered with metal, or to iron hinges in brick or stone 
rabbets ; shall not exceed ten feet in height by eight feet in 
width ; and any opening other than a doorway shall be protected 
in a manner satisfactory to the inspector. 

Sect. 64. All cornices other than brick on brick buildings 
shall be secured to the walls with iron anchors, independent 
of any wood-work ; the wall shall be carried up to the boarding 
of the roof, and where the cornice projects above the roof the 
wall shall be carried up to the top of the cornice and covered 
with metal, like parapet walls. All exterior cornices or gutters 
more than forty-five feet above the level of the sidewalk, 
hereafter replaced, shall be constructed of or covered with 
some incombustible material. 

Sect. 65. All piers shall be built of the best quality of good, 
well-burnt hard brick, laid in cement and sand mortar, and well 
wet when laid in warm weather. 



DIGEST OF BUILDnSTG LAWS. 19 

Sect. 66. Brick piers under lintels, girders, or columns of Piers under lin " 

1 ° tels, girders, or 

brick buildings shall have a cap-iron at least two inches thick, columns. 
the full size of the pier. 

Sect. 67. Brick piers and buttresses shall be bonded with Piers and but - 

tresses. 

through courses, levelled and bedded, each course, and where 
their foundations rest upon piles a sufficient number shall be 
driven to insure a proper support. 

Sect. 68. Every metal column in a brick building shall Columns - 
rest on an iron plate of not less thickness than two inches. 
Wooden columns supporting girders and floors in such build- 
ings shall set on inch and a half iron plates with sockets or 
counter sinkages. 

Sect. 69. Metal columns placed one on top of the other Columns, 
shall have a plate at the top of each column, with projections 
on both sides to fit into cap and base of columns, to prevent 
slipping, and all columns shall have holes bored, where directed 
by the inspector, into and through the shell at right angles to 
the shaft, so as to show the thickness of shell. All bearing 
parts of columns and plates shall be turned or planed to true 
surfaces. 

Sect. 70. All chimneys shall hereafter be built of brick, chimneys. 
stone, or other incombustible material ; shall be plastered on 
the outside below the roof after having been inspected, and 
shall have a footing of masonry or iron supported by iron, 
or corbels of brick or stone. No chimney shall be hung to 
an eight-inch wall, or bear or rest upon wood. No chimney 
corbelled from a wall shall project more than the thickness of 
the wall. 

Sect. 71. All brick flues shall hereafter be built of mer- Brick flues, 
chantable brick, thoroughly slushed and flush-jointed, be 
smoothly plastered inside with mortar, from top to bottom 
below the roofing ; be securely built into the brick-work of the 
walls to which they are hung ; shall be topped out at least four 
feet above the highest part of roof with brick or stone, and the 
topping out shall not have more than two inches projection, 
unless covered by a cap of approved incombustible material, 
properly secured ; and in no case shall a nail be driven into the 
masonry of any flue. 



20 DIGEST OP BUILDING LAWS. 

Shell of flues. Sect< 72 . The shell of all flues for brick ranges, boilers, 

furnaces, and ovens shall hereafter be of brick- work eight inches 
thick, or its equivalent, to a height of twenty-five feet above 
such ranges, boilers, furnaces, or ovens. 

Flues to ranges Sect. 73. Eanges or boilers shall have the outside of the 

or boilers. 

fine to the same exposed without covering, or if plastered shall 
be plastered on the outside directly upon the bricks, up to the 
ceiling of the room, and no wood- work shall be placed on the 
outside of the same. 
Headers trim. Sect. 74. All floor timbers, headers, and trimmers of every 

mers, and metal ' J 

fire-stops. brick building hereafter erected or altered, in which a chimney 

is to be built in a brick wall, shall be placed distant at least 
two inches from the outside of every chimney-flue, and the 

See Plate 17. space between such timbers and the brick-work of chimney 
shall be closed by a proper fire-stop of incombustible material. 

Open fireplaces, Sect. 75. All hearths shall be supported by trimmer arches 

hearths, trim- _ L . 

mers, arches, of brick or stone ; or be of single stones at least six inches 
thick, and supported entirely by iron beams, one end of which 
shall be securely built into masonry of chimney or adjoining 
wall. The brick jambs of every fireplace, range, or grate 
opening must be at least eight inches wide each, and the 
backs of such openings must be at least eight inches thick to 

See Plate is. at least two feet above such openings. All such hearths and 
supports shall be at least twelve inches longer than the width 
of such openings, and at least eighteen inches wide in front of 
the chimney-breast. The brick-work over all fireplace and 
grate openings shall be supported by proper iron bars or brick 
or stone arches. 

unsafe chim- Sect. 76. If any chimney, flue, or heating apparatus on any 

heating ap. premises shall, in the opinion of the inspector, endanger the 
premises, the inspector shall at once notify in writing the owner 
or agent of said premises. If such owner or agent fails for a 
period of forty-eight hours after the service of said notice upon 
him to make such chimney, flue, or heating apparatus safe, he 
shall be liable to a fine of not less than twenty nor more than 
fifty dollars for every day's continuance thereof, to be paid into 
the treasury of said city. 

Smoke-pipe, Sect. 77. Every smoke-pipe in a building entering a chimney 

how protected. 



DIGEST OF BUILDING LAWS. 21 

flue shall be at least twelve inches from every wooden floor, 
ceiling, or partition ; shall be guarded by a soapstone ring 
not less than four inches in thickness, extending through the 

7 © © 

partition, or by a double metal collar, with an air-space of 
not less than four inches around the same when running 

© 

through any stud or wooden partition ; and no smoke-pipe shall 
project through any external wall or window. 

Sect. 78. The smoke-pipe of every furnace shall be kept Furnaces and 
at least one foot distant from all beams and ceilings not pro- sanie. ePP 8 
tected by a shield of tin-plate at least two inches distant from 
said beams or ceiling ; and no smoke-pipe shall be placed 
nearer than twelve inches to any beam or ceiling, unless the 
beam and ceiling are plastered, in which case the pipe may be 
kept within six. inches of the plastering, if protected by the 
above-described shield ; and the top of all heating furnaces set 
in brick shall 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. 

© 

Sect. 79. No furnace, and no range set in masonry, shall Furnaces, etc., 
hereafter be placed or its location changed in any building 
except as the inspector shall approve. 

Sect. 80. The top of every heating-furnace not set in brick Furnaces. 
shall be kept at least six inches below the beams or ceiling, 
with a shield of tin-plate, made tight, suspended not less than 
two inches below the said beams or ceiling, and extending one 
foot beyond the top of the furnace on all sides. If the ceilino- 
over a furnace is plastered the top of the brick-work may be 
kept within six inches of the ceiling. 

Sect. 81. All hot-air register-boxes hereafter placed in the Register-boxes. 
floors or partitions of buildings shall be set in soapstone borders 
not less than two inches in width, firmly set in plaster of Paris, 
or gauged mortar, or such other protection as shall in the judg- 
ment of the inspector be equivalent to soapstone ; shall be made 
of tin-plate, with a flange on the top to fit the groove in the 
soapstone, and shall have an open space of one inch on all 
sides, extending from the under side of the ceiling, below the 
register, to the soapstone in the floor or partition ; the outside 



22 DIGEST OF BUILDING LAWS. 

of said space covered with a casing of tin-plate, tight on all 
sides, and extending from the under side of the aforesaid ceiling 
up to and turn under the said soapstone ; register-boxes of 
fifteen by twenty-five inches or more shall have a space of two 
inches. 
Hot-air and Sect. 82. No wood-work shall hereafter be placed nearer 

steam pipes. L 

than one inch to any tin or other metal pipe to be used to 
convey heated air or steam in any building, unless protected in a 
manner satisfactory to the inspector ; and such wood-work shall 
be protected by a soapstone or earthen ring or tube, or a metal 
casing. 
steam-boilers to Sect. 83. Every building in which a steam-boiler of ten 

be enclosed. 

or more horse-power is placed shall have the space on the 
floor allotted for said boiler enclosed in incombustible material 
satisfactory to the inspector, and shall be so arranged that all 
openings between the said boiler-room and the other parts of 
the building in which it is placed shall be protected by iron or 
metal-covered doors, which shall be securely closed at the close 
of each day. 
Permit and Sect. 84. Upon a license being granted for the erection of 

to erect and set a steam-boiler, engine, or furnace for melting glass or metal, 
steam-boilers, j n an y fr u i] c | m g 5 the person or persons receiving such license 
shall, before setting, erecting, or placing said boiler, engine, 
or furnace, obtain a permit therefor from the inspector, who 
shall prescribe such regulation for the setting or placing 
thereof as the public safety may require, 
steam-boilers, Sect. 85. No boiler to be used for steam or motive power, 
and no furnace for melting glass or metal, shall be placed on 
any floor above the cellar or basement floor, unless the same 
is set upon wrought-iron beams and brick arches, and in no 
case without a permit from the inspector. All wood-work and 
timbers shall be removed from the floor under the same. 
Construction of Sect. 86. All floors shall be constructed to bear a safe 
weight, per superficial foot, exclusive of materials, as follows : 
For dwellings, tenements, or lodging-houses, one hundred 
pounds ; for buildings for light mechanical purposes, and for 
public buildings, one hundred and fifty pounds ; for storehouses, 
warehouses, machine-shops, armories, drill-rooms, and riding- 



DIGEST OF BUILDIXG LAWS. 23 

schools, not less than two hundred and fifty pounds. These 
requirements shall apply to all alterations as well as to new 
buildings. 

Sect. 87. All timber used in the construction of floors or Roof and floor 

timbers. 

roofs of brick buildings shall be" straight-grained and free from 
large and loose knots or weakening shakes. 

Sect. 88. Every header more than four feet long, used in Headersand 

tail-beams. 

any building except a dwelling, shall be hung in stirrup-irons 
of suitable dimensions for the size of the timbers, and securely 
joint-bolted. All tail-beams shall be properly framed or hung 
to headers. 

Sect. 89. The ends of all floor-beams and rafters of a brick Timbers 

splayed. 

building entering a wall shall be cut on a splay of three inches 
in their width. . 

Sect. 90. All main partitions supporting in any manner Main partitions 

to bead and 

floor-beams or rafters of a brick building shall be placed directly foot. 
over each other, shall rest on a wall or metallic girder, and 
shall head and foot against each other as far as practicable. 

Sect. 91. No floor timber, header, or trimmer of a brick Timber not to be 

cut for piping. 

building shall be cut into more than two inches in depth for 
piping without permit from the inspector ; and no cutting shall 
be made in any timber at a greater distance than three feet 
from its support. 

Sect. 92. The roof of everv brick building hereafter built Roofil1 = and 

height of roof 

shall be covered with incombustible roofing material, shall be above upper 
constructed not more than one story in height, nor more than 
twenty feet in height from the upper floor of the building 
upon which it is placed to the highest part of said roof, unless 
made of incombustible material throughout. 

Sect. 93. All brick buildings more than twenty feet in Scuttles and 
height shall have scuttle-frames not less than two by three feet 
in size ; and covers, or bulkheads and doors, on the roof, made 
of or covered with some incombustible material : and every 
scuttle shall have a stationary step-ladder, and every bulkhead 
shall have stairs furnished with a sufficient guard or hand rail, 
all ready for use at all times, and in a tenement-house such 
scuttle or bulkhead shall never be locked, but may be fastened 
by a hook on the inside. 



24 



DIGEST OP BUILDING LAWS. 



Exterior parts 
of brick 
building above 
45 feet to be 
covered with 
non-combustible 
material. 
Fire-proof 
shutters. 



Grade of 
cellars. 



Cellar bottoms 
on filled land. 



Drains. 



Sect. 94. All the exterior parts of every brick building 
hereafter erected which are more than forty-five feet above 
the level of the sidewalk shall be made of or covered with 
incombustible material. 

Sect. 95. All brick buildings hereafter built to be used 
for warehouses, stores, storehouses, or manufactories more than 
forty-five feet in height shall have doors or shutters made of 
or covered with fire-proof material on every window and en- 
trance which does not open on a street more than twenty feet 
in width ; and when such shutters or doors cannot be put on 
the outside of such door or window they shall be put on the 
inside, and be hung upon an iron frame independent of the 
wood-work of the window-frame or door, or to iron hinges in 
rabbets in the masonry; and every such door or shutter shall 
be closed upon the completion of the business of each day, 
by the occupant having the use or control of the same ; and all 
fire-proof shutters that now are or may hereafter be put upon 
any building on the street fronts shall be so constructed as 
to be closed and opened from the outside above the first story. 

Sect. 96. No cellar or basement cellar of any building 
shall be constructed below the grade of twelve feet above mean 
low water ; provided, however, that the board of aldermen may, 
by license, subject to revocation at any time by them, authorize 
cellars or basement cellars to be constructed in buildings, no 
part of which is to be used as a dwelling, so much below 
said grade as they may designate in each license. 

Sect. 97. All buildings built upon filled or made land 
shall have a bed of concrete, of hydraulic cement and gravel, 
or tar and gravel, or asphalt, not less than two inches in 
thickness, spread over the cellar bottom, or shall be paved 
with brick laid in cement throughout the whole extent of the 
buildina' ; and where there is a basement floor over the cellar 
bottom there shall be an air-space between the concrete and 
said floor, unless the floor is planked directly upon the concrete. 
The air-space shall be properly ventilated. 

Sect. 98. All buildings hereafter built shall have only iron 
drains within the buildings and extending five feet outside of the 
wall of the buildings ; and where the said drain-pipe passes 



DIGEST OP BUILDING LAWS. 25 

through the wall there shall be a relieving arch, stone lintel, or 
iron pipe inserted to relieve said iron drain. All drains below 
cellar-floor or grade twelve shall be laid with proper fall to 
sewer in a trench, the sides of which shall be walled with brick 
masonry, and the base in concrete, thoroughly rammed and 
graded, and made accessible by movable covers. 

Sect. 99. All drain-pipe hung to wall or ceiling shall be Drain -P i P e » how 

L •*• ° ° hung. 

firmly hung. 

Sect. 100. The roof of every building shall be kept in Roofs to be ke P* 

J ° A in repair. 

good repair, and all rain-water shall be so drained or conveyed 
therefrom as not, to drip on the ground or cause dampness in 
the walls, yard, or area. 

Sect. 101. All brick buildings shall be kept provided with £**°™ 
suitable water-tight metallic leaders, and all other buildings with 
water-tight metallic or wooden leaders, for conducting the water 
from the roof to the ground, and all water shall be conducted 
from a building or from land to the street, gutter, or sewer in 
such a manner as not to flow upon the sidewalk. 

Sect. 102. The insides of all furred brick walls of every Fire - st °P i '> 

^ where to be 

brick building hereafter constructed shall have a fire belt or located, and how 
stop, composed of some fire-proof material, at least six inches 
wide, and thoroughly set up between furrings at the top and 
bottom of each story ; and the whole area of every floor from 
wall to wall shall be deafened with plaster at least one inch 
thick, or two thicknesses of asbestos paper, or other incom- 
bustible material satisfactory to inspector, the same to be placed See Plate 19 - 
upon the under or rough flooring ; and in each story in which 
stud-walls or partitions are constructed and rest on walls or 
other partitions, said stud- walls and partitions shall have the 
spaces between the floor-joists immediately under such walls 
or partitions, and between studs from the under side of said 
joists to a line six inches above the top of said joists, filled 
solid and flush with face of plastering on both sides with See Plate 20 - 
mortar, cement, plaster, or other incombustible material ; and 
if such studs or partitions shall rest on solid timber or joists for 
the whole length thereof, such filling as above described shall be 
placed from the top of such joists to the same height as above 
specified, or a strip of tin or galvanized iron at least one inch 



26 DIGEST OF BUILDING LAWS. 

See Plate 21. w ider than the width of said studding, and continuing under 
the footing of such walls or partitions, may be substituted for 
the filling above specified, where there is no partition or wall 
under. The spaces between stringers or carriages, and between 
floor joists of landings of all wooden staircases, unless such 
stringers and joists are left exposed and uncovered, shall be 
pugged solid with mortar or other incombustible material, or 
the spaces between stringers shall be closed at intervals of 
three feet by substantial stops of incombustible material. 

Fire-stops. Sect. 103. The various forms of construction tending to 

create or form air-passages from one story to another, such as 
spaces around pipes, ventilating-shafts, or chimneys furred off 
to form breasts, in every brick building hereafter erected or 
altered, shall have a fire and smoke stop of incombustible 
material at each floor, approved by the inspector. All venti- 
lation-ducts shall be of incombustible materials. 

Fire-proofing, S ECT . 104. Upright supports of other material than brick, 

where required. i o rr 

used below the grade of the street, and cast-iron beams or 
girders or stone lintels, used for supports in every brick build- 
ing hereafter erected or altered, shall be protected by fire-proof 
material. 
Egress from Sect. 105. Every building occupied above the second floor 

tenement and •* ox 

lodging house, from the level of the street by two or more families, and every 

factory, mill, , . 1 it i t • i 

manufactory, building occupied as a tenement, boarding or lodging house, 

office, and work- 
shop. 



factory, mill or manufactory, or for offices or workshops in 
which persons are employed above such second floor, and every 
school building more than two stories in height, and accom- 
modating, or having the means of accommodating, forty or 
more persons, shall be provided with such proper facilities for 
the escape of such persons in case of fire as the inspector 
may approve ; and where fire-escapes are required on the out- 
side of a building they shall be provided with suitable con- 
nections with the ground. 

Egress for Sect. 106. Every building in which operatives are em- 

women and J ° L 

children. ployed above the second story shall be provided with fire-escapes 

approved by the inspector ; and women or children shall not be 

employed in any building above the second story, unless there 

are two or more means of exit provided. The owner of any 



DIGEST OF BUILDING LAWS. 27 

building provided with a fire-escape shall keep the fire-escape 
in good repair. Stairs on the outside of the building shall 
have railed landings at each story above the first, and shall 
connect with each story of the building by doors or windows ; 
and no person shall place any obstruction upon any fire-escape. 
Fire-escapes may project over the line of any public street, 
highway, or causeway when ordered by the inspector. 

Sect. 107. All elevator-cars and hoists, not including lifts Eievator-cars, 

.... . etc., to be run 

twenty-eight inches square, and except those constructed m i n shafts. 
dwelling-houses, shall run in shafts with brick walls not less 
than eight inches thick, or walls covered with incombustible 
material, with proper fire-stops, or in the well-room of a fire- 
proof stair-way enclosed in the same manner and carried up 
through the roof .not less than one foot and six inches; said 
shafts to be covered with a ventilating-skylight. 

Sect. 108. The openings through or upon each floor of any Automatic rails, 

. . gates, and trap- 

building in which there is a hoist or an elevator-car not running doors. 

in a shaft shall be protected by sufficient automatic rails or 

gates and trap-doors, or such other mechanical devices as shall 

be equivalent thereto ; and every elevator-car and hoist shall be 

provided with some sufficient arrangement to prevent the falling 

of the car or hoist in case of any accident to the ropes, pulleys, 

and other hoisting apparatus. 

Sect. 109. The openings into every hoist shaft hereafter Openings into 
i i f -i shafts, how- 

constructed, except shafts tor passenger-elevators, shall be protected. 

furnished with metal or metal-covered doors hung 1 to rabbeted 
iron frames, with iron thresholds to the same ; said doors to 
be kept closed, when not in use, by springs of sufficient strength. 
Equivalent protection against fire may, in the case of passenger- 
elevators, be substituted for such doors. 

Sect. 110. No hoist-way, elevator-car, or hoist shall be used Hoist-ways, etc., 

1 -l v ^-l ii,i. to be approved. 

in any building until approved by the inspector. 

Sect. 111. The owner, or other partv having an interest in Unsafe 

buildings, etc. 

any building, staging, or other structure, or anything attached 
to or connected with a building or other structure, which shall 
be unsafe so as to endanger life, shall, immediately upon notice 
received from the inspector of buildings, cause the same to be 
made safe and secure, or taken down ; and where the public 



28 



DIGEST OF BUILDING LAWS. 



Unsafe 
buildings, etc. 



Unsafe 
buildings, etc 



safety requires immediate action the inspector may enter upon 
the premises with such assistants as may be necessary, and 
cause the said structure to be secured or taken down without 
delay, and the passers-by to be protected at the expense of such 
owner or party interested. No staging or stand for observation 
purposes shall be constructed or occupied upon the roof of any 
building in said city. 

Sect. 112. Every building which shall appear to the in- 
spector to be specially dangerous in case of fire, by reason of 
bad condition of walls, overloaded floors, defective construction, 
or other causes, shall be held to be unsafe ; and the inspector, 
besides proceeding as provided in the preceding section, shall 
also affix a notice of the dangerous character of the structure 
to a conspicuous place on the exterior wall of said building 
and any person removing such notice so affixed shall be liable 
to a fine of not less than ten nor more than fifty dollars for each 
and every offence, to be paid into the treasury of said city. 

Sect. 113. The owner, or party having an interest in the 
unsafe building or structure mentioned in the two preceding 
sections, being notified thereof in writing by the inspector, 
shall forfeit and pay a fine to the use of said city, for every 
day's continuance thereof after such notice, a sum not less than 
ten nor more than fifty dollars, on complaint before any court 
of competent jurisdiction. 

Sect. 114. No explosive or inflammable compound or com- 

compounds, etc. j^^j^g ma t e rial shall be stored or placed under any stair-way 
of any building, or used in any such place or manner as to 
obstruct or render egress hazardous in case of fire. 

Sect. 115. Any building that may be hereafter erected in 
an isolated position, and more than one hundred feet in depth, 
and which shall not have cross-walls, shall be securely braced 
during construction, both inside and out, if practicable ; or if 
outside bracing is not practicable, it shall be properly braced 
from the inside, and the braces shall be continued from the 
foundation upward to at least one-third the height of the build- 
ing from the sidewalk level. 

Exits for public Sect. 116. Every public building hereafter erected, and 
every building hereafter altered to be used as a public building, 



Explosive 



Bracing for 
isolated 
buildings more 
than 100 feet in 
depth. 



DIGEST OP BUILDING LAWS. 29 

in addition to all other provisions applicable to such buildings, 
shall have at least one frontage for its entire height of at least 
one entire side of the auditorium and lobbies, passages and 
stair-ways of exit on that side, on a street, court, or open pas- 
sage-way fifteen feet or more wide, and at least two-thirds of 
the entire width of exits and entrances shall open on to such 
street, court, or passage-way ; shall have the doors, halls, corri- Heating and 

• • lighting 

dors, lobbies, stair-ways, passages, and aisles wide, direct, and apparatus to be 
so constructed and arranged as to afford easy egress for the approved by 

° J ° inspector. 

occupants under all circumstances ; and exits and entrances 
shall, as far as practicable, be identical ; shall have all doors 
open outwards, and of the full width of the passages from 
which they open ; shall have the passages of exit and stair- 
ways at least five feet wide, and of an aggregate capacity in 
width of not less than twenty inches for each one hundred 
persons that said building may at any time contain. This Fire service and 

. . •, ' . „ . . apparatus to be 

provision to apply to the exits from each division, gallery, or provided as the 
compartment of such building, as well as to the exterior open- n 8 ^£ rdeem " 
ings ; shall have the corridors, lobbies, stair-ways, passages, 
and aisles of equal or increasing width towards the exits, and 
without any projection into them within six feet of the floor ; 
shall have the halls, corridors, doors, stair-ways, seats, and 
aisles so arranged as to facilitate egress, and as the inspector 
may approve ; and shall have all pipes and apparatus used in 
heating or lighting, and all lights, protected to the satisfaction 
of the inspector ; and shall have such fire service and apparatus 
for the extinguishment of fire as the inspector may deem neces- 
sary. All exits from any public building shall be opened for 
the use of every departing audience. 

Sect. 117. No temporary seats or other obstructions shall obstructions 

. . , i Q aisles, etc., 

be allowed in any aisle, passage-way of exit or entrance, or not allowed, 
stair-way of a public building ; and no persons shall be allowed 
to stand or remain therein while the building is in use. 

Sect. 118. All changes of level in the floors of public changes of floor, 
buildings, except regular stair-ways, from story to story, and surr-V^ 
except the necessary steps in galleries and balconies, rising 
toward the exits, shall be made by inclines of no steeper gradi- 



30 



DIGEST OP BUILDING LAWS. 



Overheads 
beneath floors to 
be protected. 



Stair-ways, 
lobbies, 
corridors, etc., 
to be enclosed 
in brick walls. 



Rails to stairs 
and landings. 



Stair winders, 
treads, and 
risers. 



Exits of public 
buildings. 



Boilers, etc., in 
public build- 



Lights for 
public build- 
ings. 



ent than two in ten within the auditorium, and rising towards 
the exits, and one in ten for all others. 

Sect. 119. The overheads immediately beneath the floors 
of the auditorium, lobbies, hall-room, galleries, stair-ways, 
landings, and corridors of public buildings shall be protected 
by some incombustible material, such as wire lathing and 
plastering ; and the stair-carriages and framing shall be pugged 
solid to line of treads, risers, and landing floors with some 
incombustible material. 

Sect. 120. All partitions of public buildings enclosing the 
stair- ways, lobbies, and corridors, or separating them from au- 
ditorium or anterooms, shall be of brick masonry, or of heavy 
studding, brick-nogged throughout, or otherwise made non- 
combustible. 

Sect. 121. All stairs and landings of public buildings shall 
have proper hand-rails on both sides firmly secured to walls or 
to strong posts and balusters, throughout their entire length ; 
and wide stair-ways shall have one or more intermediate rails on 
strong vertical supports, as approved by inspector. 

Sect. 122. The rise of stairs of public buildings shall not 
exceed seven and one-half inches, nor the going be less than 
ten and one-half inches. No winders less than seven inches 
wide at the narrowest end, or flights of less than three steps, 
shall be introduced, and there shall be a full landing to at 
least every fifteen steps. 

Sect. 123. Every approacli or exit of a public building, 
under or through any other building, shall have solid brick 
walls, and the floors and ceilings shall be of approved incom- 
bustible and fire-resisting materials, and there shall be no open- 
ings through said walls, floors, or ceilings. 

Sect. 124. No boiler, furnace, engine, or heating apparatus, 
except steam pipes and radiators, shall be located under the 
auditorium, nor under any passage or stair-way of exit of a 
public building. 

Sect. 125. The lights for the rear of the auditorium, and 
for all passages and stair-ways of exit of every public building, 
shall be independent of the lights of the rest of the auditorium 



DIGEST OF BUILDING LAWS. 31 

and platform, and shall be so arranged that they cannot be 
turned down or off from the platform. 

Sect. 126. Every building hereafter built or altered, to be Public 

, • i n * i • • i--i buildings to be 

used as a theatre, tor dramatic, operatic, or other similar per- f brick and 
formances, involving the use of a fixed stage, with movable or fire - resIs t m s 

° ° construction 

shifting scenery, curtains and machinery, shall be a brick build- throughout. 
ing, and be of fire-resisting construction throughout, so far as 
the nature of its uses will permit, and, in addition to all other 
provisions applicable to a public building, shall have the highest 
part of main floor of auditorium not more than seven feet above 
the sidewalk of the open street, court, or passage-way on which 
the main doors of exit shall be located ; shall have at least two 
independent exits for each division, compartment, or gallery of 
the auditorium ; and for each gallery or division above the first 
floor shall have independent stair-ways, and such stair-ways and 
exits shall be located as far apart as practicable. The lobbies 
shall be separated from the auditorium by brick or other fire- 
resisting walls ; and all walls, floors, and landings of stair-ways, 
and all stairs, shall be of incombustible materials ; and all 
doors from auditorium to lobbies and stair-ways shall be of 
metal-covered wood and self-closing. There shall be lobbies 
adjoining each division of the auditorium sufficiently large to 
furnish standing-room for all persons that such division may 
at any time Contain. 

Sect. 127. In addition to the exits hereinbefore required Additional exits 
for all public buildings there shall be provided, if practicable, 
for every theatre, direct exits from the main floor of auditorium 
to a street, court, or open passage-way ; and these exits shall 
be provided with such light doors or sashes, opening outwards, 
and secured only on the inside, as may readily be forced open 
in case of fire or panic. 

Sect. 128. The stage of every theatre shall be separated stage of theatre. 
from the auditorium by a brick wall sixteen inches thick, or its 
equivalent, which wall shall extend the entire width of the 
building, and from ground to roof, and from ground to stage 
floor, and be topped out as a party wall. There shall be no 
openings through this wall except the curtain opening, and not 
more than two others, to be located at the level of or below 



32 



DTGEST OF BUILDING LAWS. 



Proscenium 
arch, how 
carried. 



Roof trusses. 



Finish and 
decorations. 



Scenery, 
curtains, etc. 



Fly -floors, etc. 



Under side of 
fly-floors, how 
protected. 



Scene docks, 
carpenter or 
property shops 
and wardrohes. 



Rooms, how 
located. 



the stage ; these latter openings shall not exceed twenty-one 
superficial feet each, and shall have tinned- wood, self-closing 
doors, securely hung to rabbets in the brick-work. 

Sect. 129. The wall over the curtain opening of every 
theatre shall be carried by a brick arch, or by an iron truss 
or girder ; and if a truss or girder is used it shall be covered 
by materials non- conductive of heat, and a girder shall be 
spanned by a sufficient relieving arch of brick in cement. 

Sect. 130. The roof trusses of every theatre shall be 
covered with incombustible material. 

Sect. 131. The finish or decorative features around the 
curtain opening of every theatre shall be of incombustible 
materials, well secured to masonry. 

Sect. 132. All scenery, curtains, and exposed wood-work 
of the stage of every theatre shall be thoroughly covered or 
saturated, if practicable, with fire-resisting material, approved 
by inspector. 

Sect. 133. The fixed portions of stage fly-floors and tie- 
floors of every theatre shall be of approved incombustible 
material, except that the flooring may be of wood. 

Sect. 134. The under side of flooring of fly-floors of every 
theatre shall be covered with approved incombustible materials, 
and the tie-floor shall have an open flooring of slats, set their 
full width apart. 

Sect. 135. All scene docks, carpenter or property shops, 
and wardrobes of every theatre shall be separated from stage, 
auditorium, and dressing-roorn divisions by solid brick walls, 
not less than twelve inches thick, with no openings to the 
auditorium or dressing-room divisions ; and all openings to the 
stage shall have tinned- wood, self-closing doors, securely hung 
in rabbets in the brick- work. 

Sect. 136. All rooms and premises in every theatre for the 
use or occupancy of persons employed therein shall be located 
in secure positions, and shall have at least two independent 
exits, as remote from the stage as practicable ; and all parts of 
such rooms and premises, with their passages and stair-ways, 
shall be of fire-resisting construction. 

Sect. 137. There shall be at least two two-inch high-service 



DIGEST OF BUILDING LAWS. 33 

stand-pipes on the stage of every theatre, with ample pro- Number a " d 

r L '-' J x L location of high- 

vision of hose and nozzles at each level of the stage on each service stand- 
side, and the water shall be kept turned on during the occu- 
pancy of the building. The said pipes shall have two gates, 
one above the other, with a proper test or waste valve ; the 
lower gate to be kept open at all times except when testing the 
upper gate to ascertain if it is in order for use. The prosce- 
nium opening shall be provided with a two and one-half inch 
perforated iron pipe, so constructed that, in case of an emer- 
gency, it will form a complete water curtain for the entire 
proscenium opening, and there shall be such additional fire 
apparatus and perforated iron pipes or automatic sprinklers as 
the inspector shall direct. Said pipes shall be supplied with 
water by high-pressure service, and be at all times ready for 
use. 

Sect. 138. There shall be one or more ventilators near the Numberand 

location of 

centre and above the highest portion of stage of every theatre, ventilators. 
constructed of incombustible materials, and equal in combined 
area of opening to one-tenth of the area of stage-floor. Said 
ventilators shall have valves or louvers so counterbalanced as 
to open automatically, and shall be kept closed when not in 
use by cords or wires reaching to the prompter's desk, and 
readily operated therefrom. There shall also be a proper 
arrangement of combustible cords or fusible connections to 
open the ventilating-valves automatically by the action of fire 
on the stage. 

Sect. 139. The proscenium or curtain opening of every Curtain. 
theatre shall have a fire-resisting curtain of incombustible mate- 
rial, reenforced by wire-netting, or otherwise strengthened ; if 
of iron, or similar heavy material, and made to lower from the 
top, it shall be so contrived as to be stopped securely at a height 
of seven feet above the stage-floor ; the remaining opening 
being closed by a curtain or valance of fire-resisting fabric 
as above. Such curtain shall be lowered at the beginning and 
end of each and every performance, and shall, in its material, 
construction, and mechanism, be approved by the inspector. 

Sect. 140. Every brick building hereafter erected or altered, ^tS in W 
to be used for a tenement or lodging house, except those lodgta^boules. 



34 



DIGEST OF BUILDING LAWS. 



Height of 
exterior walls 
of tenement 
and lodging 
houses. 

Hay, straw, 
hemp, flax, 
shavings, 
burning-fluids, 
turpentine, 
camphtme, and 
inflammable 
oil. 



where there are not more than four families, and having two 
separate stair- ways, shall have the stair-ways enclosed in brick 
walls not less than eight inches thick the entire height, and 
provided with a ventilating skylight so arranged with fire-proof 
appliances that it may be operated from the lower hall in a 
manner satisfactory to the inspector, and the stair-way side of 
said walls, if plastered, unless it is an outside wall, shall be 
plastered directly on the brick-work, and no opening or aperture 
shall be made in said walls except the requisite doors for en- 
trance thereto and external windows ; and the whole area of 
stair-way not occupied by well-rooms on each floor shall be 
deafened as provided in section one hundred and two. Other 
better fire-proof or fire-resisting construction may be substituted 
for the wood framing and deafening and wire-lathing and 
plastering by permission of inspector. Every such building, 
if it be occupied by more than four families above the first 
floor, shall have such additional staircases or means of egress as, 
in the judgment of the inspector, the safety of the occupants 
shall demand. If such staircase partitions are to commence 
at a level above the cellar bottom, they may be erected upon 
iron girders, and properly protected from fire ; and the floor 
within said walls at the level of the girders shall be entirely of 
incombustible material. 

Sect. 141. The exterior walls of every building hereafter 
erected or altered to be used for a tenement or lodging house, 
on a street not more than twenty feet in width, shall not exceed 
thirty feet in height. 

Sect. 142. No building, of which any part is used for 
storage or sale of hay, straw, hemp, flax, shavings, burning- 
fluids, turpentine, camphene, or any inflammable oil, or other 
highly combustible substances, shall be occupied in any part 
as a dwelling, tenement, or lodging house ; except that rooms 
for coachmen or grooms may be allowed in connection with 
the private stables authorized by this act, by permission of 
inspector. All receptacles for ashes in any tenement or 
lodging house shall be enclosed with incombustible material 
satisfactory to inspector. 

Sect. 143. Every tenement or lodging house shall have 



DIGEST OF BUILDING LAWS. 35 

in the roof, at the top of the hall, a ventilator ; shall also bo Additional 

requirements 

provided with a fire-escape, or means of escape in case of fire, for tenements 
both to be approved by the inspector; shall have in every ^° use ° giag 
room occupied as a sleeping-room, and which does not com- 
municate directly with the external air, a ventilating or tran- 
som 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, in such other place as the inspector may direct ; but 
no transom-window shall be placed in a partition wall en- 
closing a main stair-way ; shall also have proper stairs, strong 
balusters, posts, railings, and kept in good repair. 

Sect. 144. All ordinances and parts of ordinances of said Ordinances to 

n i • i i -i t t • t i • remain in force 

city now m force, relating to the building-limits and the in- until repealed 
spection and survey of buildings, shall remain in force until or ameaded " 
amended or repealed by said city, and all officers elected or 
appointed under the provisions of said ordinances or the acts 
repealed shall continue to hold office for the terms for which 
they were elected or appointed and until their successors are 
elected or appointed in accordance with this act, unless sooner 
removed. 

Sect. 145. Any court having equity jurisdiction, in term injunctions. 
time or vacation, may, on the application of the inspector, by 
any suitable process or decree in equity, enforce the provisions 
of this act, and may, on such application, issue an injunction 
to restrain the use or occupation of any building or structure 
in the city of Boston, erected, altered, maintained, or used in 
violation of this act. 

Sect. 146. Any person violating any provision of this act Penalties. 
shall be punished by a fine not exceeding one hundred dollars, 
to be paid into the treasury of said city, unless another penalty 
is specifically provided herein. 

Sect. 147. Chapter two hundred and eighty of the acts of Repeals. 
the year eighteen hundred and seventy-one ; chapters two hun- 
dred and sixty, and three hundred and seventy-one, and three 
hundred and seventy-seven of the acts of the year eighteen 
hundred and seventy-two ; chapters two hundred and ninety- 



36 



DIGEST OF BUILDING LAWS. 



eight and three hundred and thirty-eight of the acts of the 
year eighteen hundred and seventy-three ; chapters sixty-nine 
and one hundred and seventy-six of the acts of the year 
eighteen hundred and seventy-six ; chapters one hundred and 
one, and sections three, four, and seven of chapter two hundred 
and fifty-two of the acts of the year eighteen hundred and 
eighty-two ; and chapter one hundred and fifty-five of the acts 
of the year eighteen hundred and eighty-three, are repealed. 



INDEX TO CHAPTER 374 OF 1885. 



A. Section 

Acts repealed 147 

Additional staircases 140 

Aldermen, Board, permission 27, 96 

Alter, etc., conform to act 25 

Alteration means 17, 25. 26 

Altered or repaired, wooden building ... 22 

Application to enlarge, etc 11 

Approach, public buildings 123 

Arch 75 

Asbestos paper 102 

Ashlar 5 ? 

Anchor ties 61, 62 

Authorities, strength 24 

B. 

Bay-window 27 

Boilers and license. . .72, 73, 83, 84, 85, 124 

Boiler-room 83 

Bonded 38, 41 

Bracing isolated building 115 

Brick building furred ■ 102 

Brick building means 17 

Bricks, merchantable 37, 65, 71 

Building altered, examined and approved, 25 

Buildings exempt 1G 

Buildings, inspectors to examine 10 

Building limits 21 

Building, public, means 17 

Building, wooden, means .17, 20, 21, 22, 23 

Bulkhead and stairs 93 

Buttresses 48,67 



C Section 

Calculations, strength 24 

Capacity of floors 86 

Cellar means 17, 96 

Cement 24, 37, 38 

Changes of levels public buildings 118 

Chase or flue 53 

Chimneys 70, 74, 76 

Churches 50 

City Council 20 

Clamps 57 

Clerk, duties of 8 

Coachmen, grooms, etc 142 

Coal elevators 21 

Columns, fire-proofed 104 

Columns, posts, etc 34, 104 

Combustible material 114, 142 

Commonwealth of Massachusetts, exempt, 16 

Concrete foundation 30 

Conform to act, alter, etc 25 

Continuance, notice of >. 113 

Cornices 64 

Cornice stone 40 

Curtain, fire 139 

Cutting in floor timber 91 

D. 

Dangerous buildings 11, 76, 111, 112 

Deafening plaster 102 

Definition of terms 17 

Department organization 1, 2, 3, 4, 5, 6 

Deputy, when appointed 12 



DIGEST OP BUILDING LAWS. 



37 



Section 

Doors, outside 95 

Doorway 63 

Drains 98, 99 

E. 

Egress sufficient and hazardous, 15, 114, 140 

Eighty feet 50 

Elevators. 107, 108, 109, 110 

Elevators for grain , 21, 50 

Endanger life .. Ill 

Engine 124 

Equivalent protection 109 

Excavation 31 

Explosive compound 114 

External walls of dwelling, etc 44 

External walls other than dwleling. . .45, 46 

External wall means 17 

External walls of tenement 29, 41 

F. 

Pilled land 97 

Fines 76, 112, 113, 146 

Eires, inspectors to attend 9 

Eires, origin of 11 

Eire belt or stop 102, 103 

Eire curtain 139 

Eire-escapes 105, 106, 143 

Eireplace 75 

Eire-proof supports and material 104 

Fire-stop 74 

Flemish headers 41 

Floor-bearing walls 55 

Floor timbers and capacity, 43, 86, 87, 89, 91 

Flue or chase 53, 71, 72, 76 

Foundation means 17, 30, 34 

Foundation of dwellings 36 

Foundation other than dwellings 35 

Frost surface exposed 30 

Furnaces 72, 73, 78, 79, 80, 84, 85, 124 

Furred brick walls 102, 103 

G. 

Galvanized iron 102 

Girders 49, 56, 104, 129, 140 

Girders, metallic 90 

Going of stairs , 122 

Grade, cellar 96 

Grade, lowest 14 

Grain elevators 21 , 50 

Granite levellers 34 



Section 

Grooms, etc 142 

Gutter stone 42 

H. 

Hay, straw, etc 142 

Headers 88 

Hearing, Board Aldermen 27 

Hearths 75 

Heating apparatus, public buildings 124 

Height of walls means 18 

High service, etc 137 

Hoistways 107, 108, 109, 110 

House, tenement, means 17 

I. 

Immediate action unsafe buildings Ill 

Incombustible material, 21, 29, 64, 71, 74, 102, 
103, 119, 120, 123, 130, 131, 133, 134 

Inflammable compound 114 

Ingress sufficient 15 

Injunction 145 

Inspection of plans, etc 15 

Inspector means. 17 

Inspector shall approve ,28, 110 

Inspector may approve 105 

Iron beams 56 

Iron columns, fire-proof .■ 104 

Iron plates 59, 66 

Iron ties 59 

Iron, inspector may approve 105 

Isolated buildings 115 

Isolated piers 34 



J. 



Joint bolted. 



Leader, rain-water 101 

Levellers, granite 34 

Licenses 84, 96 

Lights in public buildings .... 125 

Limits, building 21 

Lintels ... 59 

Lodging-house means 17 

M. 

Made land 97 

Market purposes 21 

Metal clamps 57 

Metal-covered doors 63 



38 



DIGEST OF BUILDING LAWS. 



Section 

Metal-covered frames 63 

Metal covered above forty-five feet. ... 64 

Metal collar 77 

Metal columns 69 

Metal pipe • • 82 

Mortar 24,37, 38 

Moving wooden buildings 23 

N". 

Necessary repairs 13 

No building, hay, straw, etc . - 142 

Notice, affix 112 

Notice, Board of Aldermen 27 

O. 

Observation stands Ill 

Openings 47, 63, 128 

Operatives 106 

Ovens 72 

Overheads public buildings 119 

P. 

Partition wall means 17, 49, 54, 55 

Partitions, fire-stop 102, 103 

Partitions in public buildings 120 

Partitions over one another 90 

Party wall means 17, 42 

Party walls of dwellings, etc. 51 

Party walls other than dwellings 52 

Permission Board of Aldermen 27 

Permit lowest grade 14 

Permit required 25, 26, 84, 85 

Permit not required 13 

Piers, columns, etc., buttresses, 34, 48, 66, 67 

Piles 32,33 

Plans and specifications 15 

Plates 59, 66 

Plumb 38 

Public building means 17 

Public buildings, plans filed 15, 116, 

117, 118, 119, 120, 121, 122, 123, 
124, 125, 126, etc. 

Public safety Ill 

Pugging 102, 119 

K. 

Rabbeted iron frames 63 

Bailings in public buildings 121 

Rain-water conductors or leaders 101 

Ranges 72, 73, 79 



Section 

Recesses 47, 53 

Referees, how chosen 7 

Register boxes , 81 

Relieving arch 129 

Repairs, necessary 13 

Repealed acts 147 

Rise of stairs in public buildings 122 

Roof, height of 92 

Roof in good repair 100 

Roof timbers 43 

Roof trusses 130 

Roofing 92 

S. 

Scuttles and step-ladder 93 

Separate stairways 140 

Sheds, wooden 21 

Shield 78, 80 

Shutters 95 

Smoke-pipe 77, 78 

Smoke-stop 102, 103 

Soapstone ring, etc 77, 81,82 

Staging or structure . Ill 

Stairways fire-stop 102, 103 

Stairs in public buildings 121, 122 

Stand-pipe 137 

Stirrup irons 88 

Stone cornice 40 

Stone facing C7 

Straight and plumb walls 38 

Strength of materials 24 

Structure over line of street. . , 27 

Sufficient strength 15 

Support, temporary 26 

T. 

Temporary seats public buildings 117 

Temporary support 26 

Tenement house means 17, 140 

Tenement house external walls 29 

Tenement house party walls 29 

Thickness of walls means 19, '^8 

Through courses 67 

Tie anchors 61, 62 

Ties, iron 59 

Timber in brick wall 58, 59, 74 

Trimmer arch , 75 

Truss or girder 129 

Trusses, roof 130 



DIGEST OF BUILDING LAWS. 



39 



XJ. Section 

United States exempt. 16 

Unsafe building . Ill, 112, 113 

Upright supports 104 

V. 

Vaulted walls , 39 

Ventilating skylight 140 

Ventilation ducts 102, 103 

Ventilators 138, 143 

W. 

Wall, external, means 17 

Walls, incombustible material 29 

Wall, partition, means 17, 54, 55 

Wall, party, means 17, 51, 52 

Walls, height of, means 18 



Section 

Walls, thickness of, means 19 

Walls, vaulted 39 

Walls, external, dwellings, etc 44 

Walls, external, other than dwellings, 45, 46 

Walls, floor-bearing 55 

Walls, side , 60 

Walls, rear 60 

Water curtain 137 

Water gates 137 

Winders in public buildings 122 

Wire lathing 140 

Withes 39 

Women and children 106 

Wooden building means. . .17, 20, 21, 22, 23 

Wooden columns 56 

Wood-work from chimney 74 

Wood-work from pipes 82 



40 



DIGEST OF BUILDING LAWS. 



INDEX TO DIAGKAMS. 



PILING. 



And grade for cutting off same 



FOUNDATIONS. 
Under isolated piers, columns, posts, and pillars ..... 

Under piers, columns, posts, and pillars for the support of continuous 

wall ............. 

Under external walls of brick buildings other than dwelling, tenement, 

and lodging houses, 40 feet to 100 feet high ..... 
Under party walls of brick buildings other than dwelling, tenement, and 

lodging houses, 40 feet to 100 feet high 

Under brick buildings used for dwelling, tenement, and lodging houses, 35 

feet to 60 feet high 

Under brick buildings used for dwelling, tenement, and lodging houses 

exceeding 60 feet, but not exceeding 75 feet high .... 
Party walls to be built 1 foot above roofs, and covered with metal 

EXTERNAL AND PARTY WALLS. 

Of dwelling, tenement, and lodging houses, 20 feet by 40 feet, and 30 feet 
high ........... 

Of dwelling, tenement, and lodging houses, 30 feet to 60 feet high 
Of dwelling, tenement, and lodging houses, 60 feet to 70 feet high 
Of dwelling, tenement, and lodging houses, 80 feet high 
Of dwelling, tenement, and lodging houses, 100 feet high . 

EXTERNAL WALLS. 
Of brick buildings other than dwelling, tenement, and lodging houses, 40 

feet and 60 feet high 

Of brick buildings other than dwelling, tenement, and lodging houses, 80 

feet and 100 feet high 

PARTY WALLS. 
Of brick buildings other than dwelling, tenement, and lodging houses, 40 

feet and 65 feet high 

Of brick buildings other than dwelling, tenement, and lodging houses, 80 

feet and 100 feet high 

CHIMNEYS, ETC. 

Chimneys, headers, trimmers, metal fire-stops, etc., construction of . 
Open fireplaces, trimmer arches, etc., construction of 

FIRE-STOPS. 
Eire-stops at floors, ceilings, and walls, construction of ... . 

Fire-stops in partitions and stairways ........ 

Fire-stops — transverse section, showing location of, and their necessity for 
impeding the progress of fire 



Plate 


Section 


la 


32 


1 


34 


2 


34 


3 


35 


4 


35 


5 


36 


6 


36 


7 


42 



8 


44 


9 


44 


10 


44 


11 


44 


12 


44 



13 
14 



45 
45 



15 


52 


16 


52 


17 


74 


18 


74 & 75 


19 


102 


20 


102 



21 



102 



Grac/e. /<S/<S 




CracC^ 



IVl.W.F. Del. 



J-fcn^tftctix, 



PLATHAI 



> T*jUv- 



T~_r 
L__ 

1 L_ 



JTsolctlkct 



_ Columix* 



> posl' ^ 



^s 



^d* 




# 



for, brick luildatgs e/ceedchg 3Slo"m7u/g?iT. 



■rs^- 



'fob • 



m. 



/.o 



//£ W ///f/ 
y/m # / 

Plan, 



Z.o" 



?/////" 



O 



Sfi 



4 



/.o 



f7^77. 



M.W.F. De7. 



PLATEL, I. 



I -;-. r- 



■j— ■ ■ CohTi/uaou.s *pYtill> 



~r i r 



J i_ 




Jectco7v 34 . — 

.^or^rock IxMldiitgs e/c£eclt77ct JS! o'in, /lec^tt. 





42 
— Section 35. — 

JbunclctlioTv -far e/kvizctZ tv evils of offvei* 
fhcuz J) we Utrrg, JhiznwitTancLXo dying Hoiasss. 



2S 



3z" 




M.W.F. De7. 



4o" 



44 



PLATE 3. 



2.4- 



O 

rS 




__ 






^J r^ 




36'' 



4Z" 



SfyOCC07C 35. — 

Jouitclcdioiv for JjGU'b/ wcMs of ofh&r TJujuji 
Dwelltiia, Jc7ie7?te7z£ cuicl Zioclgaig Jiotuses. 




4o" 



44" 



IM.W.F. De7. 



PLATE 4. 



v ' 


1 1 


i i 




i i 




i ) 




i 




1 




t > 




i i _ 




1 




i 




i 




i i 




s ; 











16" 18" 

Jbuiic6all07t wcills, M welting x Jeitemervtcaifi 
Zocfaing Mouses. noTyLcw(fan*}35*o''hu}h. 

— SccXLotl 36. — 
£jCc6eeCt7tg 35 *o* noi ejCceeotinji 6o. o'jmhught 

Zo" 2A" 3o" 






.1 1 




\ \ 




1 




1 




1 




( I 




\ 




1 
1 




1 


• 


\ 


«v 


1 


•s 


1 • 1 


1 


k 


\ ' 


*l 


\ 


1 ' 




1 




1 




1 




1 




1 




1 1 



ZJL 



* * i , 



3Z 

M.W.F. Del. 




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plate: 2\ 



DIGEST OF BUILDING LAWS. 41 



CHAPTER 124, ACTS 1810, AS AMENDED BY 
CHAPTER 109 OF 1860. 

STABLES. 

Section 1. That from and after the passing of this act no 
building shall be erected within the town of Boston, and used 
and improved as a stable, for the taking in and keeping horses 
or chaises, or other carriages, upon hire or to let, commonly 
called livery stables, within one hundred and seventy feet of any 
church or meeting-house, erected for the public worship of God, 
without the consent in writing of the proprietors of such church 
or meeting-house, or of the religious society or parish worship- 
ping therein, and the consent of the mayor and aldermen of 
the city of Boston : provided, however, that this act shall not 
be so construed as to prevent the finishing of any stable which 
has been in part erected, if the completion thereof shall be 
approved by the selectmen of the town of Boston. 

Sect. 2. Be it further enacted, that for any offence against 
the provisions of this act, the owner or owners, keeper or 
keepers, of such building shall forfeit and pay the sum of one 
hundred dollars for every calendar month during which the 
same shall be so used and improved, to be recovered by action 
of debt, one-half thereof to enure to the use of the jioor of the 
town of Boston, and the other half thereof to him or them who 
shall sue for the same. 



CHAPTER 369 OF THE ACTS OF THE YEAR 1869. 

AN" ACT CONCERNING THE ERECTION OF STABLES IN THE 
CITY OF BOSTON. 

Be 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 writino- 
approve and direct, and every person so erecting, using, or 
occupying a building without such approval shall forfeit a sum 



4:2 DIGEST OF BUILDING LAWS. 

not exceeding fifty dollars for every month he so uses or oc- 
cupies such building, and 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 injunction to 
prevent the erection, occupancy, or use of any stable contrary 
to the provisions of this act. 

Sect. 3. This act shall take effect in three months after its 
passage. [Approved June 9, 1869.] 



CHAPTER 192 OF THE ACTS OF THE YEAR 1878. 

AN ACT RELATIVE TO THE REBUILDING AND IMPROVEMENT 
OF STABLES IN THE CITY OE BOSTON. 

Be it enacted, etc. , as follows : — 
Chap. 280, i87i, Section 1. Any stable now or hereafter legally existing in 
Chap. 374, 1885. the city of Boston may, with the consent of the mayor and 
aldermen of said city, be rebuilt, enlarged, and improved, in 
accordance with the provisions of chapter two hundred and 
eighty of the acts of the year eighteen hundred and seventy- 
one, and the several acts in amendment thereof regulating the 
construction of buildings in the said city. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved April 26, 1878.] 



CHAPTER 252 ACTS OF THE YEAR 1882. 

Section 1. The city of Boston may, by ordinance, regulate 
the building, management, and inspection of elevators, hoist- 
ways, and elevator-shafts in said city. 

Sect. 2. The said city may, by ordinance, require the regis- 
tration of all persons carrying on the business of plumbing in 
said city, and prescribe rules and regulations for the materials, 
construction, alteration, and inspection of all pipes, tanks, 



DIGEST OP BUILDING LAWS. 43 

faucets, valves, and other fixtures, by and through which water 
and sewage is used and carried ; and provide that no such 
pipes, tanks, faucets, valves, or other fixtures shall be placed 
in any building in said city, except in accordance with plans 
which shall be approved by the inspector of buildings of said 
city. 

Sect. 5. The facts and returns relative to steam-boilers, Seep. s. Chap. 

11, § 92. 

required to be ascertained by section ninety-two of chapter 
eleven of the public statutes, shall be ascertained and made in 
the city of Boston, by the inspector of buildings, and not by 
the assessors. 

Sect. 6. The said city may impose penalties not exceeding 
fifty dollars for each offence, for any violation of the provisions 
contained in sections one and two of this act. 



CHAPTER 173 OF THE ACTS OF 1883. 
If any elevator, whether used for freight or passengers, Ull8afe 

J *-" elevators, etc. 

shall, in the judgment of the inspector of factories and public 
buildings of the district in which such elevator is used, or, in 
the city of Boston, of the inspector of buildings of said city, be 
unsafe or dangerous to use, or has not been constructed in the 
manner required by law, the said inspector shall immediately 
placard conspicuously upon the entrance to or door of the cab 
or car of such elevator a notice of its dangerous condition, and 
prohibit the use of such elevator until made safe to the satisfac- 
tion of said inspector. Any person removing such notice or 
operating such elevator while such notice is placarded as afore- 
said, without authority from said inspector, shall be punished 
by a fine of not less than ten nor more than fifty dollars for 
each offence. 



CHAPTER 251 OF THE ACTS OF 1883. 

Section 1. Every keeper of a hotel, boarding or lodging Watchmen and 
house containing one hundred or more rooms, and being four hotels, etc. 
or more stories high, shall have therein at least two competent SeeChap. 251, 
watchmen, each properly assigned, and each on duty between 223 issL aP 



44 DIGEST OF BUILDING LAWS. 

the hours of nine o'clock in the afternoon and six o'clock in the 
forenoon. And every keeper of a hotel, boarding or lodging 
house containing fifty or more, but less than one hundred, 
rooms, and being three stories high, shall have between said 
hours at least one competent watchman on duty therein. And 
in all such hotels or lod<nn<j-houses as are mentioned in this 
section the halls and stair-ways shall be properly lighted at 
night, and at the head and foot of each flight of stairs shall be 
kept during the night a red light ; and one or more proper 
alarms, or gongs, capable of being heard throughout the house, 
shall always remain easy of access and ready for use in each of 
said buildings, to give notice to the inmates in case of fire ; and 
every keeper of such hotel, boarding or lodging house shall 
keep posted in a conspicuous place in every sleeping-room a 
notice descriptive of such means of escape. 
Fire-escapes Sect. 2. Hotels used and occupied as public houses, for 

from hotels, etc. l L 

the reception and entertainment of guests, boarding or lodging 
houses, and school buildings, being three or more stories high, 
and accommodating or having the means of accommodating 
thirty or more persons, also factories, workshops, and manu- 
facturing establishments of said height, in which forty or more 
persons are employed, shall be supplied inside thereof with 
proper and sufficient means or appliances for escape, in case of 
fire, or apparatus for that purpose properly constructed upon the 
outside thereof, connected through doors or windows ; all such 
fire-escapes shall be kept in good order and free from obstruc- 
tions, and shall be approved, by the inspector of factories and 
public buildings, or, in the city of Boston, by the inspector of 
buildings. 
Watchmen in Sect. 3. The inspector of buildings in the city of Boston, 

hotels, etc. ^ ma y 0r an( j aldermen f other cities, and the selectmen of 
towns, shall prescribe as they deem necessary, except so far as 
is specifically required in the preceding sections, what addi- 
tional night-watch shall be kept, and what further provisions 
for the prevention of fires, and for the better protection of life 
in case of fire, shall be made by the several keepers of hotels, 
boarding or lodging houses within their respective limits ; and 
no license shall be granted to any keeper of a hotel embraced 



DIGEST OF BUILDING LAWS. 45 

in the provisions of this act until the requirements thereof, so 
far as applicable, have been complied with. 

Sect. 4. Whoever neglects or refuses to provide watchmen Penalties - 
as required by this act shall be punished by a fine not exceed- 
ing one thousand dollars for each "offence, and whoever violates 
any of the other provisions of this act shall be subject to the 
same penalty as is prescribed in section twenty-two of chapter 
one hundred and four of the Public Statutes. 

CHAPTER 223 OF THE ACTS OF 1884. 

Section 1. All hotels, boarding and lodging houses, sub- 
ject to the provisions of chapter two hundred and fifty-one of 
the acts of the year eighteen hundred and eighty-three, adopt- 
ing a system of electric watch-clocks that shall register at the 
office the movements of the watchman throughout the house, or 
adopting in the rooms any system of thermostats, or fire-alarm 
bells, that shall be approved by the inspector of factories and 
public buildings, or, in the city of Boston, by the inspector of 
buildings, shall be exempt from maintaining more than one 
watchman, in addition to the regular night-clerk and porters. 

Sect. 2. The provisions of this act and of said chapter two 
hundred and fifty-one of the acts of the year eighteen hundred 
and eighty-three shall apply to family hotels. 

CHAPTER 382 OF THE ACTS OF THE YEAR 1885. 

AN ACT IN RELATION TO THE PRESERVATION OF HEALTH IN 
BUILDINGS IN THE CITY OF BOSTON. 

Section 1 . Every building in the city of Boston used as a 
dwelling, tenement, or lodging house, or where persons are 
employed, shall have at all times such number of good and 
sufficient water-closets, earth-closets, or privies as the board of 
health of said city may determine, but the occupants of any 
two or more of any such buildings may use such closets or 
privies in common, provided the access is easy and direct ; and 
said board shall not require more than one such closet or privy 
for every twenty persons. 



46 DIGEST OF BUILDING LAWS. 

Sect. 2. Every such building situated on a street in which 
there is a sewer shall have water-closets, and shall not have a 
cesspool or privy connected with it, except where, in the opin- 
ion of the board of health, it can be allowed to remain for a 
longer time, and then only as said board shall approve. 

Sect. 3. No building in the city of Boston shall be con- 
verted into or used for a tenement or lodging house, unless, in 
addition to the other requirements of law, it conforms to the 
provisions of this act. 

Sect. 4. In this act the following terms shall have the 
meanings respectively assigned to them, viz. : — 

" Cellar " means a basement or lower story of any building 
of which one-half or more of the height from the floor to the 
ceiling is below the level of the street adjoining. 

" Inspector " means inspector of buildings of the city of 
Boston. 

" Lodging-house " means a building in which persons are 
temporarily accommodated with sleeping apartments, and in- 
cludes hotels. 

" Tenement-house " means a building which, or any por- 
tion of which, is to be occupied, or is occupied, as the resi- 
dence of more than three families living independently of one 
another, and doing their cooking upon the premises; or by 
more than two families upon any floor above the second floor, 
so living and cooking. 

Sect. 5. Every tenement or lodging house shall have the 
yard or area so connected with a sewer that all water and liquid 
filth will freely flow from it to the sewer, or, if there is no 
sewer, to the street gutter, by means of a passage under the 
sidewalk covering, so constructed as to be easily accessible to 
remove obstructions. 

Sect. 6. If a building to be used for a tenement or lodging 
house is on the front ©f any lot where there is another building 
on the rear of the same lot, there shall be a clear, open space, 
exclusively belonging to the front building, and extending up- 
wards from the ground, of at least ten feet between said build- 
ings, if they arc one story high above the level of the ground. 

If they are two stories high, the distance between them shall 



DIGEST OF BUILDING LAWS. 47 

be not less than fifteen feet ; if they are three stories high, the 
distance between them shall be not less than twenty feet ; and 
if they are more than three stories high, the distance between 
them shall be not less than twenty-five feet. 

Sect. 7. If such building is on the back part of any lot 
there shall be a clear, open space of at least ten feet between 
such building and every other building in its rear. But when 
thorough ventilation of such open spaces can be otherwise se- 
cured said distances may be lessened or modified in special 
cases by a permit from the board of health and the inspector. 

Sect. 8. Every habitable room of such building not now 
used, but hereafter used, as a tenement or lodging house shall 
be, in every part, not less than eight feet in height from the 
floor to the ceiling, except in the attic, and 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 ; and every such room 
shall have at least one window connecting with the external 
air, or over the door a suitable ventilator connecting with a 
room or hall which has a connection with the external air. 

Sect. 9. The total area of window communicating Avith the 
external air, in every room of such building, shall be equal to 
at least one-tenth of the superficial area of the room ; and the 
top of one at least of such windows shall be not less than seven 
feet six inches above the floor, and the upper half of each win- 
dow shall be so made as to open for the purposes of ventilation. 

Sect. 10. Every habitable room of such building, of area 
less than one hundred superficial feet, Avhich does not com- 
municate directly with the external air, and is without an open 
fireplace, shall be provided with special means of ventilation, 
approved by the board of health and the said inspector. 

Sect. 11. Every such building shall have adequate chim- 
neys 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 ; shall have 
proper conveniences and non-combustible receptacles for ashes 
and rubbish ; shall have water furnished at one or more places 
in such house, or in the yard thereof, so that the same may 
be adequate and reasonably convenient for the use of the 



48 DIGEST OF BUILDING LAWS. 

occupants thereof; and shall have the floor of the cellar 
properly cemented, so as to be water-tight. 

Sect. 12. Every such building used for a tenement or 
lodging house shall have suitable receptacles for garbage and 
other refuse matters, and shall not 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 building. 

Sect. 13. Every such building, and the yard, court, passage, 
area, and alleys belonging to the same, shall be kept clean and 
free from any accumulation of dirt, filth, garbage, or other 
refuse matter, to the satisfaction of the board of health. 

Sect. 14. The tenant of any lodging-house or tenement- 
house shall thoroughly cleanse all the rooms, floors, windows, 
and doors of the house, or pai*t of the house, of which he is the 
tenant, to the satisfaction of the board of health, and the 
owner or lessee shall well and sufficiently, to the satisfaction 
of said board, whitewash or otherwise cleanse the walls and 
ceilings thereof once at least every year, in the months of 
April or May, and have the privies, drains, and cesspools 
kept in good order and the passages and stairs kept clean and 
in good condition. 

Sect. 15. The owner, agent of the owner, and keeper of 
any lodging or tenement house, or part thereof, shall, when 
any person in such house is sick of fever, or of any infectious, 
pestilential, or contagious disease, and such sickness is known 
to such owner, agent, or keeper, give immediate notice thereof 
to the board of health, and thereupon said board shall cause 
the same to be inspected and cleansed, or disinfected, at the 
expense of the owner, in such manner as they may deem nec- 
essary ; and may also cause the blankets, bedding, and 
bedclothes used by any such sick person to be thoroughly 
cleansed, scoured, and fumigated, and in extreme cases to be 
destroyed. 

Sect. 16. The halls on each floor of every such building 
shall open directly to the external air, with suitable windows, 
and shall have no room or other obstruction at the end, unless 



DIGEST OF BUILDING LAWS. 49 

sufficient light and ventilation is otherwise provided for said 
halls, in a manner approved by the board of health. 

Sect. 17. No person shall, without a permit from the board 
of health, let or occupy, or suffer to be occupied, separately 
as a dwelling, or place of lodging and sleeping, any cellar, or 
underground room whatsoever, unless the same be in every 
part thereof at least seven feet in height, measured from the 
floor to the ceilino; thereof: nor unless the same shall have 
been so let or occupied before the passage of this act, 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 thereof, up to the surface of the said street or ground, 
an open space of at least two 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 level 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, 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 pro- 
visions of this act if the front room is provided with a window 
8 r hereinbefore provided ; and if the said back vault, cellar, or 
rcom is connected with the front vault, cellar, or room by 
a loor, and also by a proper ventilating or transom window, 
and, where practicable, also connected by a proper ventilating 
or transom window, or by some hall or passage, with the exter- 



50 DIGEST OP BUILDING LAWS. 

nal air : provided, further, that in any area adjoining a vault, 
cellar, or underground room there may be steps necessaiy for 
access to such vault, cellar, 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, further, 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 the same be so 
placed as not to be over, across, or opposite to any such external 
window. 

Sect. 18. The board of health shall have authority to make 
such other regulations as to cellars and the ventilation and 
overcrowding of tenement and lodo-ino- houses and buildings 
where persons are employed as they deem necessary, subject, 
however, to the laws relating to building in the city of Boston. 

Sect. 19. Every owner and agent, or person having 
charge, of a tenement or lodging house shall leave his address 
with the board of health, and shall have legibly posted on the 
wall or in the entry of such tenement or lodging house the 
name and address of such owner and of the agent or person 
having charge of the same ; and service upon parties whose 
address is out of the city, of any papers or notices required by 
this act, or any act relating to the preservation of health, or 
by any proceedings to enforce any of their provisions, shall be 
sufficient if made by sending a copy of such paper or notice 
through the mail to the address of the person or persons so 
designated as owner, agent, or person having charge of such 
tenement or lodging house ; and service upon parties whose ad- 
dress is in the city by leaving such copy at said address. 

Sect. 20. Every officer of the board of health, and every 
officer upon whom any dnty or authority is conferred, shall 
have free access to every part of any lodging or tenement 
house, when required in the proper execution of the duties of 
his office. 

Sect. 21. Any court having equity jurisdiction, in term 
time or vacation, may, on the application of the board of 



DIGEST OF BUILDING LAWS. 

health, by any suitable process or decree in equity, enforce the 
provisions of this act, and may, on such application, issue an 
injunction to restrain the use or occupation of any building or 
structure in the city of Boston erected, altered, or used in viola- 
tion of this act. 

Sect. 22. Any person violating any provision of this act 
shall be punished by a fine not exceeding one hundred dollars, 
or by confinement in the house of correction not exceeding 
sixty days, unless another penalty is specifically provided 
herein. 

Sect. 23. Every member of said board of health, and every 
inspector acting under said board, shall, before entering upon 
the duties of his office, take and subscribe an oath before the 
city clerk of said city that he will faithfully and impartially dis- 
charge such duties, and the city clerk shall make and keep a 
record of such oath. Every member of said board, and every 
such inspector who enters upon or discharges such duties with- 
out having taken and subscribed such oath, shall be liable to a 
penalty of one hundred dollars, but such omission shall not 
render invalid any act or proceeding of said board. 



CHAPTER 11, SECTION 92 — PUBLIC STATUTES. 

The assessors shall, in each year, on or before the first 
Monday in August, return to the tax-commissioner a statement 
showing the whole number of steam-boilers located in their 
respective cities and towns on the first day of May then next 
preceding, by whom and when built, and the aggregate esti- 
mated amount of horse-power which such boilers are capable of 
furnishing. Such returns shall also state the number of acci- 
dents causing permanent injuries to persons which have arisen 
from the use of such boilers during the year, with the causes 
thereof, as far as may be ascertained by the assessors. 

NOTE. 

See Sect. 5, Chap. 252, Acts of 1882. 
" " 6, " 374, " " 1885. 



52 DIGEST OF BUILDING LAWS. 



CHAPTER 102 — PUBLIC STATUTES. 

STEAM-ENGINES, FURNACES, AND BOILERS. 

steam-engines, Section 40. No furnace for melting iron or making glass, 

etc., not to be . .-,.■. 

used, etc., and no stationary steam-engme designed for use in a mill for 

without license, 
G.S. 88, § 33. 



planing or sawing boards or turning wood, or in which any 
i Alien, 137. other fuel than coal is used to create steam, shall be erected or 
put up to be used in a city or town which adopts this and the 
eight following sections, or has adopted the corresponding sec- 
tions of earlier statutes, at a legal meeting of the city council of 
the city, or the inhabitants of the town called for that purpose, 
unless the mayor and aldermen or selectmen thereof have 
granted a license therefor, prescribing the place where the 
building shall be erected in which the steam-engine or furnace 
is to be used, and the materials and construction thereof, with 
such regulations as to the height of flues and protection against 
fire as they deem necessary for the safety of the neighborhood. 
Such license may be granted on a written application, and 
shall be recorded in the records of the city or town. 
Public notice of Sect. 41. Upon application for such license the mayor and 
g.s. 88, §34. aldermen or selectmen shall assign a time and place for the 
consideration of the same, and cause at least fourteen days' 
public notice thereof to be given, at the expense of the appli- 
cant, in such manner as they may direct, in order that all per- 
sons interested may be heard thereon. 
Municipal Sect. 42. In a city or town which adopts sections forty to 

officers may 

regulate suam forty-eight, inclusive, or has adopted the corresponding sec- 
y g D gg' gg 5 tions of earlier statutes, at a legal meeting of the city council of 
the city, or the inhabitants of the town called for that purpose, 
the mayor and aldermen or selectmen, after due notice in writ- 
ing to the owner of such steam-engine or furnace, except for 
making srlass, erected or in use therein before the time of such 
adoption, and a hearing of the matter, may adjudge the same 
to be dangerous or a nuisance to the neighborhood, and make 
and record an order prescribing such rules, restrictions, and 
alterations as to the building in which the same is constructed 
or used, the construction and height of its smoke-flues, with 



DIGEST OF BUILDING LAWS. 53 

such other regulations as they may deem necessary for the 
safety of the neighborhood ; and the city or town clerk shall 
deliver a copy of such order to a constable, who shall serve on 
the owner an attested copy thereof, and make return of his 
doings thereon to said clerk within three days from the delivery 
thereof to him. 

Sect. 43. An owner of a steam-engine or furnace who is Appearand 

proceedings 

aggrieved by such order may, within three days after the ser- thereon. 
vice upon him of such order, apply to the superior court, or a ^ s ^_^' 
justice thereof, in vacation, for a jury ; and the court or justice Mass. 76-119. 
shall issue a warrant for a jury to be empanelled by the sheriff Mags ' ^ 287-1-28] 
within fourteen days from the issuing of the warrant, in like Mass - 36_347, 
manner as is provided in chapter forty-nine in regard to the 
laying out of highways ; or, instead thereof, if the applicant so 
elects, and after such notice as the court or justice shall order 
to the adverse party or parties, shall direct a trial to be had 
at the bar of the superior court, in the same manner as other 
civil cases are there tried by jury. 

Sect. 44. The court or justice, on granting the application In J unction 

pending appeal. 

for a jury, may issue an injunction restraining the further use g.s. 88, §37. 
of such engine or furnace until the final determination of the 
application. 

Sect. 45. The jury may find a verdict either affirming or g.s. 88, §37. 
annulling the order in full, or making alterations therein ; 
which verdict shall be returned by the sheriff, if the trial is had 
before him, to the next term of the court for acceptance, as in 
the case of highways ; and the verdict, whether before the 
sheriff or in the superior court, when accepted, shall take effect 
as an original order. / 

Sect. 46. If the order is affirmed, costs shall be recovered Verdict of jury. 
by the city or town against the applicant ; if it is annulled, 
damages and costs shall be recovered by the applicant against 
the city or town ; and if it is altered, the court may render 
such judgment as to costs as to justice shall appertain. 

Sect. 47. No stationary engine, propelled by steam or stationary en- 
other motive power, shall be hereafter erected or put up for ^ hen etc 
use in a city or town in which this section, or chapter seventy- 1862-74, §§ 1-3. 
four of the statutes of the year eighteen hundred and sixty-two, 



54: DIGEST OF BUILDING LAWS. 

has been adopted in the manner provided in section forty of this 

chapter, within five hundred feet of a dwelling-house or public 

building, unless a license therefor has been first granted and 

recorded in a manner herein provided. 

steam-engines Sect. 48. A steam-engine or furnace erected or used con- 
when nuisances. , .. _ . . . ... . iiii 

g.s. 88, § 40. trary to the provisions or the eight preceding sections shall be 

1862-74, § 2. deemed a common nuisance ; and the mayor and aldermen or 

selectmen may remove the same in the same manner as boards 

of health may remove nuisances under sections twenty-one, 

twenty-two, and twenty-three of chapter eighty. 

May be ex- Sect. 49. The fire commissioners of the city of Boston, 

amined and use 

forbidden. the mayor and aldermen of any other city, or the selectmen of 
1880 ii6 * a town, or any person by them authorized, may, after notice to 
the parties interested, examine any steam-engine or steam- 
boiler therein, whether fixed or portable ; and for that purpose 
may enter any house, shop, or building ; and if upon examina- 
tion it appears probable that the use of such engine or boiler 
is unsafe, they may issue a temporary order to suspend such 
use ; and if, after giving to parties interested, so far as known, 
an opportunity to be heard, they adjudge such engine or boiler 
unsafe or defective or unfit to be used, they may pass a per- 
manent order prohibiting the use thereof until it is rendered 
safe. If, after notice to the owner or person having charge 
thereof, such engine or boiler is used contrary to either of such 
orders, it shall be deemed a common nuisance, without any 
other proof thereof than its use. 
Mayberemoved Sect. 50. The fire commissioners, mayor and aldermen, and 

as nuisances. 

G.s. 88, §42. selectmen, may abate or remove a steam-engine or steam-boiler 
erected or used contrary to the provisions of the preceding 
section in the same manner as boards of health may remove 
nuisances under sections twenty-one, twenty-two, and twenty- 
three of chapter eighty. 

steam-boilers to Sect. 51. No person shall manufacture, set up, use, or 

have safety- . .. , . . • i l • i 

plugs. cause to be used, a steam-boiler, unless it is provided with a 

g.s. 88, §43. f U sible safety-plug made of lead, or some other equally fusible 

material, and of a diameter of not less than one-half an inch, 

placed in the roof of the fire-box, when a fire-box is used, and 

in all cases in a part of the boiler fully exposed to the action of 



DIGEST OF BUILDLTSTG LAWS. 55 

the fire, and as near the top of the water-line as any part of the 
fire-surface of the boiler ; and for this purpose Ashcroft's " pro- 
tected safety fusible-plug " may be used. 

Sect. 52. Whoever, without just and proper cause, removes PonaIt y 

n _ for removing 

from a boiler the safety-plug thereof, or substitutes therefor safety-piugs. 
any material more capable of resisting the action of the fire ' * 

than the plug so removed, shall be punished by fine not exceed- 
ing one thousand dollars. 

Sect. 53. Whoever manufactures, sets up, or knowingly Penalt y for 

making boilers 

uses or causes to be used for six consecutive days, a steam- without safety- 
boiler unprovided with a safety fusible-plug, as described in ^g^g § 45 
section fifty-one, shall be punished by fine not exceeding one 
thousand dollars. 



CHAPTER 348 — ACTS OF 1887. 

AN ACT IN RELATION TO FENCES AND OTHER STRUCTURES 
ERECTED TO ANNOY, AND FOR THE ABATEMENT OF 

NUISANCES. 

Be it enacted, etc. , as follows : — 

Section 1. Any fence or other structure in the nature of 
a fence, unnecessarily exceeding six feet in height, maliciously 
erected or maintained for the purpose of annoying the owners 
or occupants of adjoining property, shall be deemed a private 
nuisance. 

Sect. 2. Any such owner or occupant, injured either in 
his comfort or the enjoyment of his estate by such nuisance, 
may have an action of tort for the damage sustained thereby, 
and the provisions of chapter one hundred and eighty of the 
Public Statutes concerning actions for private nuisances shall 
be applicable thereto. [Approved June 2, 1887.] 



57 



EEVISED OEDINANCES OF 1885. 



CHAPTEE 48. 

OF THE REGULATION OF BUILDING. 

Section 1 . The limits within which all buildings hereafter Buildill s limitB - 
erected shall be required to conform to the provisions of chapter 
three hundred and seventy-four of the statutes of the common- 
wealth, of the year eighteen hundred and eighty-five, and of 
the acts in amendment thereof and in addition thereto, are 
hereby established and defined as follows : All that portion 
of the city which is included within a line beginning at the 
intersection of the centre lines of Dover and Albany streets, 
and thence running east through the centre of said Dover street 
to the harbor commissioners' line ; thence by the said harbor 
commissioners' line around the northerly portion of the " city 
proper " to a point on Charles river at the intersection of said 
line with the boundary line between Brookline and Boston ; 
thence along said boundary line to the centre of Longwood 
avenue ; thence through the centre of said avenue to the centre 
of Bumstead lane ; thence through the centre of said lane to 
the centre of Ward street ; thence through the centre of said 
Ward street to the centre of Parker street ; thence through 
the centre of said Parker street to the centre of Ru^o-les street ; 
thence through the centre of said Ruggles street to the centre 
of Washington street ; thence through the centre of said 
Washington street to a point opposite the centre of Palmer 
street ; thence through the centre of said Palmer street and 
through the centre of Eustis street to the centre of Hampden 
street ; and thence through the centre of said Hampden street 
and the centre of Albany street to the point of beginning ; the 
said district being shown on a plan made by the city surveyor, 
dated June 28, 1881, and deposited in his office. 



58 DIGEST OF BUILDING LAWS. 

Sect. 2. Outside the limits defined in the preceding section 
wooden buildings may be erected, subject to the following 
restrictions and regulations : — 
Distance from ^ wooden building, to be used as a dwelling-house, shall 

line of lot. . 

not exceed a height of forty-five feet, and the external side- 
walls of said building shall not be placed at a less distance than 
one foot and six inches from the line of the lot upon which the 
building is to be located, unless a brick external wall is sub- 
stituted for wooden wall, and of a thickness prescribed by 
statute law regulating the erection of brick external walls. 
The brick walls above required shall be built up to the under 
side of the roof-covering, which shall be laid and embedded in 
mortar upon the walls. 
Distance be- Where a wooden building is already erected for dwelling 

tween dwelling- . . 

houses. purposes upon an adjoining lot, there shall be between the 

walls of the building erected and the one to be erected, if of 
wood, a clear, open space of three feet between the said 
buildings. 

Eiis to dwelling- Wooden ells may be erected in connection with wooden 
buildings used for dwelling purposes, but the ell shall not 
exceed thirty feet in length, fifteen feet in width, nor be of a 
greater height than twenty-five feet, or of any other dimension 
not in excess of the superficial area of four hundred and fifty 
square feet. Such ells may be built without the intervention 
of a brick wall between said ell and the main building. 

Party walls in J n the erection of wooden buildings in blocks of two or more 

blocks of two or „ . 

houses, to be occupied for dwelling purposes, the said buildings 



more. 



shall have intercepting brick walls not less than eight inches 

thick, said brick walls to be carried up and topped out twelve 

inches above the roof, and covered with metallic covering. 

See Plate a. Wooden buildings to be used for other purposes than that of 

range of wooden a dwelling-house shall not exceed a height of fifty -five feet from 

buildings other tne g- ra( j e f tne street, court, or place upon which the said 

than dwellings. ° _ > r 1 

building is to be erected ; and, if in a range of more than fifty 
feet, there shall be constructed an intercepting brick wall, not 
less than twelve inches thick, and carried up to a height of 
twelve inches above the roof, and the said wall to be covered 
with metallic coverino-. 



DIGEST OF BUILDING LAWS. 59 

A wooden building to be used for any purpose other than Distances be - 

J L ■*■ tween other 

that of a dwelling-house shall not be erected or placed at a than dwellings. 
less distance than ten feet from any other wooden building 
which is twenty-five feet or more in height or at a less distance 
than four feet from any other wooden building which is less 
than twenty-five feet in height. 

In no case shall the sills of any building referred to in this Sills ' how laid - 
section be laid below the grade of the street, unless by special 
permit of the inspector of buildings. 

Sect. 3. The restrictions contained in the preceding sec- Exemptions. 
tion shall not apply to buildings erected or placed at a distance 
of fifty feet or more from any other building, and from any 
street, open or intended to be open, for public passage, whether 
accepted by the city or not. 

Sect. 4. All wooden buildings shall be built upon secure Foundations for 
foundations of stone or brick, carried up to the surface of the buildings. 
ground. The foundation, if of brick, shall not be less than See Plate B ' 
twelve inches thick, and laid in cement mortar ; if of rubble- 
stone, it shall not be less than sixteen inches thick when 
laid in cement mortar, and not less than twenty inches thick 
when laid dry ; if of block stone, it shall be not less than 
sixteen inches thick and laid in cement mortar. All founda- 
tions shall be laid upon solid ground not less than four feet 
below the surface which is exposed to frost, or upon piles or 
other solid substructure. Piles shall be driven to a firm and 
solid bearing, and the tops of all piles shall be cut off at or 
below a grade to be prescribed by the inspector of buildings. 
There shall be at least one row of piles, spaced not over three 
feet on centres, in the direction of the length of the wall. 
Piles shall be capped with footing-courses of stone. In the 
construction of workshops or other buildings of a like character, 
or for temporary purposes, built upon soft or marshy land, the 
inspector may, in his discretion, permit the sills to be placed 
upon mud-sills or blocking, or upon piles cut to height of 
grade. 

Sect. 5. All wooden buildings shall be built with posts, Framing, etc., 
girts, and plates, properly mortised, tenoned, braced, and ^ 8 ° e t° 8 s ' 
pinned in each story, and supported by suitable studding, the See Plate °- 



60 



DIGEST OF BUILDING LAWS. 



Terms. 



Permits 
required 



Penalties. 



studs to be not more than thirty-two inches apart, the posts 
and girts to be not less than four by eight inches, or equivalent 
thereto, except that the foregoing dimensions for posts and 
girts shall not apply to buildings not exceeding four hundred 
feet in area, and less than fifteen feet in height. 

Sect. 6. No wooden building 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 the five 
preceding sections. 

Sect. 7. No wooden building shall hereafter be erected 
without a permit being first obtained from the inspector of 
buildings ; and no alteration of or addition to any such building 
shall be made without such permit. 

Sect. 8. Whoever violates any of the provisions of the seven 
preceding sections, and neglects for twenty-four hours, after 
written notice from the inspector of buildings, served upon 
him personally, or posted conspicuously upon the building 
erected or in process of erection, alteration, or repair in violation 
of said provisions, to alter said building in conformity with the 
provisions of this chapter, shall be liable to a penalty of not 
less than twenty nor more than fifty dollars, and to a like pen- 
alty for every day's continuance of such violation. 

Sect. 9. Whoever intends to erect or to make alterations in a 
building of any description, within ten feet of a public street of 
the city, shall, fifteen days at least before he proceeds to build 
ing or alteration. r erect the same, or to lay the foundation thereof, or to make 
the said alterations, or to do any act for carrying into execution 
his intention to do such things, give to the inspector of build- 
ings notice in writing of his intention, with the dimensions of 
the structure proposed, the materials to be used, the number 
on the street, or the precise location, and the name of the owner 
or owners of the land, in order that any encroachment or other 
injury or inconvenience to the public streets which might 
otherwise happen may be thereby prevented ; and in default 
thereof the city shall be discharged from all damages, of any 
nature whatsoever, resulting from the failure to give notice as 
above provided, particularly from all such damages or expenses 



Fifteen days 
notice to be 
given 

inspector of 
proposed build 




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PLATEC 



DIGEST OF BUILDING LAWS. 61 

as have been enhanced or occasioned by reason of anything 

done previously to or without such notice. 

Sect. 10. The number of assistant-inspectors of buildings Number of 

1 ° assistant- 

provided for in section five of chapter three hundred and seventy- inspectors. 

four of the statutes of the commonwealth of the year eighteen 
hundred and eighty-five shall be twenty. 

Sect. 11. During the recess of the Common Council in 
the months of July and August in each year, a Joint Stand- 
ing Committee of the City Council, thereunto authorized, may 
allow the erection of wooden buildings and wooden additions 
of a range or size greater than allowed by the " Revised Ordi- 
nances of 1885," upon such terms and conditions as said com- 
mittee may deem expedient. 

CHAPTER 49 — REVISED ORDINANCES OF 1885. 

OF THE REGULATION OF PLUMBING. 

Section 1 . No person shall carry on the business of plumb- Plumbers 

required to 

ing unless he shall have first registered his name and place of register, 
business in the office of the inspector of buildings, and notice 
of any change in the place of business of a registered plumber 
shall be immediately given to said inspector. 

Sect. 2. Every plumber, before doing any work in a build- ^°\ ices d t0 be 
ing, shall, except in the case of the repair of leaks, file at the plumbing 
office of the said inspector, upon blanks to be provided for the 
purpose, a notice of the work to be performed ; and no such 
w 7 ork shall be done in any building without the approval of 
said inspector. 

Sect. 3. Every building shall be separately and indepen- Buildings to be 

J ° r J r separately 

dently connected with the public sewer, when such sewer is connected with 
provided ; and, if such sewer is not provided, with a cesspool sewer " 
of such material and capacity as shall be approved by the said 
inspector. 

Sect. 4. Drains and soil-pipes through which water and Drains and 

■i-i.ii. • soil-pipes. 

sewage is used and carried shall be of iron, when within a 
building, and for a distance of not less than five feet outside 
of the foundation walls thereof. They shall be sound, free 



62 



DIGEST OF BUILDING LAWS. 



Rain-water 

leaders. 



Iron pipes. 



Traps and 
special air- 
pipes. 



from holes and other defects, of a uniform thickness of not 
less than one-eighth of an inch for a diameter of four inches 
or less, or five thirty-seconds of an inch for a diameter of five 
or six inches, with a proportional increase of thickness for a 
greater diameter. They shall be securely ironed to walls, laid 
in trenches to uniform grade, or suspended to floor-timbers by 
strong iron hangers, as the said inspector may direct. They 
shall be supplied with a suitable trap, placed, with an accessible 
clean-out, either outside or inside the foundation wall of the 
building. They shall have a proper fall towards the drain or 
sewer, and soil-pipes shall be carried out through the roof, open 
and undiminished in size, to such height as may be directed 
by the said inspector ; but no soil-pipe shall be carried to a 
height less than two feet above the roof. Changes in direction 
shall be made with curved pipes, and connections with horizontal 
pipes shall be made with Y branches. 

Sect. 5. Rain-water leaders, when connected with soil or 
drain pipes, shall be suitably trapped. 

Sect. 6. Sewer, soil-pipe, or waste-pipe ventilators shall 
not be constructed of brick, sheet-metal, or earthen-ware, and 
chimney-flues shall not be used as such ventilators. 

Sect. 7. Iron pipes, before being put in place, shall be first 
tested by the water or kerosene test, and then coated inside and 
out with coal-tar pitch, applied hot, or with paint, or with some 
equivalent substance. Joints shall be run with molten lead, 
and thoroughly calked and made tight. Connection of lead 
pipes with iron pipes shall be made with brass ferrules, properly 
soldered and calked to the iron. 

Sect. 8. Every sink, basin, bath-tub, water-closet, slop- 
hopper, and each set of trays, and every fixture having a waste- 
pipe, shall be furnished with a trap, which shall be placed as 
near as practicable to the fixture that it serves. Traps shall 
be protected from siphonage or air-pressure by special air-pipes 
of a size not less than the waste-pipe ; but air-pipes for water- 
closet traps shall be of not less than two-inch bore for thirty 
feet or less, and of not less than three-inch bore for more than 
thirty feet. Air-pipes shall be run as direct as practicable, 
and shall be of not less than four-inch bore where they pass 



DIGEST OF BUILDIXG LAWS. 63 

through the roof. Two or more air-pipes may be connected 
together or with a soil-pipe ; but in every case of connection 
Avith a soil-pipe such connection shall be above the upper fixture 
of the building. 

Sect. 9. Drip or overflow pipes from safes under water- 15 "? 01 * 
closets and other fixtures, or from tanks or cisterns, shall be 
run to some place in open sight, and in no case shall any such 
pipe be connected directly with a drain, waste-pipe, or soil-pipe. 

Sect. 10. Waste-pipes from refrigerators, or other recep- waste-pipes. 
tacles in which provisions are stored, shall not be connected with 
a drain, soil-pipe, or other waste-pipe, unless such waste-pipes 
are provided with traps, suitably ventilated, and in every case 
there shall be an open tray between the trap and refrigerator. 

Sect. 11. Every water-closet, or line of water-closets, on Water-closet 
the same floor, shall be supplied with water from a tank or 
cistern, and the flushing-pipe shall not be less than one inch in 
diameter ; but this requirement shall not apply to water-closets 
substituted for vaults, where the same are located outside of 
the building proper, and water-closets may be arranged so as 
to receive their supply directly from the main, with such fixtures 
as shall be approved by the inspector of buildings, and by the 
water board and the board of health. 

Sect. 12. Pipes and other fixtures shall not be covered or Pi P esand 

.fixtures not to 

concealed from view until after the work has been examined be concealed, 
by the said inspector, and he shall be notified by the plumber 
when the work is sufficiently advanced for inspection. 

Sect. 13. Plumbing work shall not be used unless the same Plumbing to be 

tested. 

has first been tested by the said inspector with the peppermint, 
ether, or water test, and by him found satisfactory. 

Sect. 14. No steam-exhaust shall be connected with any steam.exbausts. 
soil or waste pipe, or drain which communicates with a public 
sewer. 

Sect. 15. Water-pipes in places exposed to frost shall be Water-pipes, 
packed with mineral wool, or other substance equally good, 
and they shall be cased to the satisfaction of the said inspector. 

Sect. 16. A grease-trap shall be constructed under the sink Grease-traps. 
of every hotel, eating-house, restaurant, or other public cooking 
establishments. 



64 DIGEST OF BUILDING LAWS. 

Sect. 17. The provisions of sections three to thirteen inclu- 
sive, and of section fifteen, of this chapter, shall apply only to 
buildings erected, or to work performed, after the seventeenth 
day of March in the year eighteen hundred and eighty-three. 

CHAPTER 1 — REVISED ORDINANCES OF 1885. 

Penalties. Section 5. Whoever violates a provision of any ordinance 

of the city, whether included in these Revised Ordinances or 
hereafter enacted, shall, unless other provision is expressly 
made, be liable to a penalty of not less than two nor more 
than fifty dollars for each offence. 

Sect. 6. When anything is prohibited in an ordinance, not 
only the persons actually doing the prohibited thing, but also 
the employers and all other persons concerned therein, shall 
be liable to the penalty prescribed. 

Sect. 7. When in an ordinance anything is prohibited from 
being done without the license or permission of a certain officer 
or officers, such officer or officers shall have the power to license 
or permit such thing to be done. 

Sect. 8. The words " street" and "streets," when used in 
an ordinance, shall be construed as including alleys, lanes, 
courts, public squares, public places, and sidewalks, unless 
such construction would be inconsistent with the manifest in- 
tent of the ordinance. 

NOTES. 

Section 1 of Chapter 48 is authorized by Statute 1885, Chapter 374, Sec- 
tion 21. 

Sections 2 to 8 inclusive of this chapter are authorized by Statute 1875, 
Chapter 374, Section 20. 

As to the validity of such ordinances as are contained in this chapter, see 
Salem v. Maynes, 123 Mass. 372. 

The principal act in force regulating the inspection and construction of 
buildings in the city of Boston is Statute 1885, Chapter 374. 

By this statute the following statutes relating to the same subject were 
repealed : — 

Statute 1871, Chapter 280. Statute 1872, Chapter 260. 

" 1872, " 371. " 1872, " 377. 

" 1873, " 298. " 1873, " 338. 

1876, " 69. " 1876, " 176. 

« 1882, " 101. " 1882, " 252, 

Sections 3, 4, and 7. 



DIGEST OF BUILDING LAWS. 65 

It was intimated by Chief Justice Gray, in Quinn v. Morse, 130 Mass. 317, 
321, that the provisions of the old provincial Statute 1692, Chapter 13, relative 
to the building of party walls in Boston, had never been repealed and was still 
in force. 

Chapter 49 of the regulation of plumbing is authorized by Chapter 252, 
Section 2, of the Acts of 18S2. 



CHAPTER 23. —REVISED ORDINANCES OF 1885. 

VAULTS AND DRAINS. 

Section 19. The owner, agent, occupant, or other person 
having the care of a building used as a dwelling, tenement, or 
lodging house, or where persons are employed, shall furnish 
the same with one or more suitable water-closets, or, where 
such building is located on a street in which there is no public 
sewer, with a suitable privy, the vault of which shall be built 
in a manner hereinafter prescribed, and shall be of a capacity 
proportionate to the number of inhabitants of such building, or 
of those having occasion to use such privy. Every such build- 
ing situated on a street in which there is a sewer shall have 
water-closets, and shall not have a cesspool or privy connected 
with it, except where, in the opinion of the board of health, it 
can be allowed to remain for a longer time, and then only as 
said board shall approve. And whoever neglects to comply 
with the provisions of this section shall be liable to a penalty of 
not less than five nor more than one hundred dollars, or by 
confinement in the House of Correction not exceeding sixty 
days. 

Sect. 20. Every privy vault shall be made of brick and 
cement, and shall be of a capacity of at least eighty cubic feet, 
and the inside thereof shall be at least two feet distant from 
the line of any adjoining lot, unless by the consent of the 
owner of such lot, and at the same distance from any street or 
public or private passage-way ; and every vault shall be so con- 
structed as to be conveniently approached, opened and cleaned, 
and shall be made tight, so that the contents thereof cannot 
escape therefrom. 

Sect. 21. All waste water and all matter discharged from 



66 DIGEST OF BUILDING LAWS. 

water-closets shall be conveyed through sufficient drains, under 
ground, to a common sewer, or to such reservoir, sunk under 
ground, as may be approved by the inspector of buildings ; 
and no person shall suffer waste or stagnant water to remain 
in a cellar or upon a lot or vacant ground owned or occupied 
by him. 

CHAPTER 28. — REVISED ORDINANCES OF 1885. 

USE AND OCCUPATION OF STREETS. 

Section 3 The inspector of buildings shall see that all 
statutes, ordinances, orders, and regulations respecting the use 
or occupation of portions of streets for the purpose of erecting, 
altering, repairing, or removing buildings are observed and 
enforced. 

Sect. 7. Whoever desires to occupy or use a portion of a 
street for the erection or repair of a building upon land abut- 
ting thereon shall make application to the inspector of buildings, 
who, subject to the consent of the superintendent of streets, 
may grant permits for the occupation or use, for building pur- 
poses, of such portions of streets, and for such periods of time, 
and under such limitations and restrictions, as may be required 
by ordinance or by the public convenience ; and any such per- 
mit may be revoked by the said inspector at any time when the 
holder thereof fails to comply with any rule or regulation under 
which it was granted, or when, in the opinion of the said in- 
spector, the public good requires such revocation. No part of 
a street other than that so allotted shall be used for depositing 
materials for work to be done, or for receiving rubbish arising 
from such work, and all such rubbish shall be carried away, by 
the person or persons to whom the permit is granted, at such 
convenient times as the said superintendent of streets or the 
said inspector may direct ; and, in case of the neglect or re- 
fusal of such person or persons so to remove such rubbish, it 
shall be removed at their expense by the superintendent of 
streets. 

Sect. 8. When a permit is granted under the preceding 



DIGEST OF BUILDING LAWS. G7 

section the portion of a street thereby allotted shall be enclosed 
with a sufficient fence, which shall be maintained during the 
whole time for which the occupation of such portion of the 
street continues, and a lighted lantern or lanterns, or some 
other proper and sufficient lights, shall be fixed to some part or 
parts of such fence, or in some other proper manner, and such 
lanterns or lights shall be kept lighted from the beginning of 
twilight through the whole of every night during such occupa- 
tion : and the person to whom such permit is granted shall also 
be required to erect and maintain, during his said occu- 
pancy of the public street, a way for the use of foot-passengers, 
at such time and in such manner as the said inspector shall 
direct. 

Sect. 9. Whoever maliciously or wantonly, and without 
legal cause, extinguishes or diminishes a light fixed in accord- 
ance with the provisions of section six or of section eight shall 
be liable to a penalty of not less than ten nor more than fifty 
dollars. 

Sect. 10. Whoever violates any of the provisions of section 
seven or section eight shall be liable to a penalty of not 
less than two « nor more than fifty dollars for each offence, 
and to a like penalty for every day's continuance of such 
offence. 

Sect. 11. No person shall, without a license from the 
board of aldermen, construct or maintain a cellar-door or cellar- 
doorway in a sidewalk, or projecting into a street, or construct 
an entrance or flight of steps descending immediately from a 
street into a cellar or into the basement story of a buildino- 
for the purpose of being kept open as an entrance, and all such 
cellar-doors, doorways, and steps as may be licensed by said 
board shall be constructed in such manner as said board may 
direct. 

Sect. 18. Whoever is duly licensed or permitted to occupy 
a part of a street, or while erecting, repairing a building, or 
making an excavation, or for any other purpose, shall provide 
a safe and convenient passage for public travel around or over 
the obstruction so caused, and shall be responsible to the city 
for all injuries sustained in consequence of his neglect so to do, 



G8 DIGEST OF BUILDING LAWS. 

and shall be liable to a penalty of not less than two nor more 
than fifty dollars for each day's continuance of such neglect ; 
and he shall at any time, when requested by the superintendent 
of streets, or by a police officer, exhibit his license or permit 
for such occupation. 



CHAPTER 28. — REVISED ORDINANCES OF 1885. 

PROJECTION INTO STREETS. 

Section 19. Whoever constructs or places, or causes to 
be constructed or placed, a portico, porch, door, window, or 
step projecting into a street, except in accordance with the 
provisions of the statutes of the commonwealth, shall be liable 
to a penalty of not less than four nor more than fifty dollars 
for each offence, and to a like penalty for each day that such 
portico, porch, door, window, or step is continued as aforesaid 
after notice to remove the same, given by the board of alder- 
men, or by some person authorized by said board to give such 
notice. 

USE OF STREETS. 

Section 33. Whoever, without permission of the board of 
aldermen, obstructs a street by placing a building therein, or 
moves a building through or upon a street, and whoever aids 
and assists in so obstructing a street or moving a building, 
shall be liable to a penalty of not less than ten nor more than 
fifty dollars, and to a like penalty for every twelve hours that 
such obstruction may continue, or that such building may 
remain in or upon a street. 

ADDITIONAL REGULATIONS. 

1. The cover of hydrants must be kept clear of all building 
materials or rubbish, and easy access to such hydrants from the 
road-way must be provided. 

2. If brick, stone, or other building materials are placed 
within the allotted space, they must be so placed as to allow 
the free passage of water in the gutter underneath the same. 



DIGEST OF BUILDING LAWS. 69 

A violation of either of the above regulations will be suffi- 
cient to cause an immediate revocation of a permit. 

RULES AND REGULATIONS GOVERNING THE CONSTRUCTION AND 
ERECTION OF ELECTKIC LIGHTS IN THE CITY OF BOSTON. 

No. 1. The framework to support said lights shall be con- 
structed of iron, and of such size as the inspector of buildings 
shall approve. 

No. 2. The height of said framework shall not be less than 
nine and one-half feet from the sidewalk to the lowest point. 

No. 3. The said framework shall not project farther from 
the building than a point two and one-half feet within the 
outer line of the curb-stone. 

No. 4. The location, workmanship, material, and manner 
of securing said lights to be approved by the inspector of 
buildings. 



70 DIGEST OF BUILDING LAWS. 



REYISED STANDING REGULATIONS OF THE BOARD 
OF ALDERMEN. 



CHAPTER 5. 

OF THE MOVING OF BUILDINGS IN PUBLIC STREETS. 

Section 1 . All applications for moving buildings through 
the streets of the city shall be made to the board of aldermen, 
and referred to a committee for consideration and report. 

Sect. 2. Every such application shall state the location of 
the building proposed to be moved, its length, width, height, 
and the principal material of its exterior sides and of its 
roof; and shall definitely describe the route over which it is 
to be moved and the length of time that will be required to 
move it. 

Sect. 3. Every such application shall be accompanied by 
the written consent of the inspector of buildings, to the plac- 
ing of the building on the lot proposed ; and also by the 
written consent of all railroad corporations whose tracks 
are to be crossed or encumbered by the moving of the 
building. 

Sect. 4. Permits for the moving of buildings shall be 
granted only to practical building-movers, who are known to 
be engaged in such business. 

Sect. 5. Before such a permit is issued, the building- 
mover to whom it is granted shall have filed with the city 
clerk a bond in a sum not less than one thousand dollars and 
with two or more sureties, one of whom shall be the owner 
of the building, to indemnify and save harmless the city from 
all damages which may be caused to persons or property by 
reason of the moving of the building. 

Sect. 6. No shade tree shall be removed or the branches 
thereof cut or trimmed in order to facilitate the moving of a 
building, except by the written consent of the board of alder- 



DIGEST OF BUILDING LAWS. 71 

men ; no fire-alarm telegraph wire shall be cut for said pur- 
pose, except by the written consent of the board of fire 
commissioners ; and no street lamp or lamp-post shall be re- 
moved for said purpose, except by the written consent of the 
superintendent of lamps. 



CHAPTER 6. 

OF COAL-HOLES AND VAULTS UNDER SIDEWALKS. 

Section 1. The superintendent of streets may issue the 
licenses mentioned in section five of chapter twenty-eight 
of the Eevised Ordinances, for the making of excavations or 
openings in streets or under sidewalks, and all such licenses 
shall be subject to the provisions of this chapter, a copy of 
which shall be printed on each license, and a violation of any 
of said provisions shall work a forfeiture of all privileges 
granted by the license. All such licenses may at any time 
be revoked by the board of aldermen. 

Sect. 2. No such license shall be granted, except upon 
an application in writing, signed by the applicant and setting 
forth the dimensions of the proposed excavation or opening 
and the purpose for which it is to be used ; and the applicant 
shall also be required to sign, before the license is granted, 
an agreement to conform on his part to all the provisions and 
requirements of this chapter. 

Sect. 3. Every coal-hole and vault under a sidewalk 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, and shall be laid with 
good cement, and no part thereof shall project beyond the 
edgestone ; the sides shall be at least one foot thick, and com- 
posed of good hard bricks or granite blocks, laid in cement 
mortar ; the top shall be formed either by a brick arch or 
arches turned in a good and substantial manner, or by rough- 
hammered granite at least one foot thick, or by blue stone 
or North-river flag-stone at least six inches thick, or by iron 
and glass, or rough surface iron, similar in character to the 



72 DIGEST OF BUILDING LAWS. 

"Hyatt Light," so called. Each coal-hole or vault thus con- 
structed shall not exceed eleven feet in depth, measuring from 
the top of the sidewalk. The opening in a sidewalk over a 
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 construction of all 
coal-holes or vaults shall be subject to the direction and super- 
vision of the superintendent of streets, or of such other person 
as the board of aldermen may designate. When a coal slide 
is placed in a sidewalk it shall be constructed with at least 
eight-inch brick walls, laid in good cement mortar, and the 
whole shall be covered as before mentioned. 

Sect. 4. The owner and tenant of the estate in front of 
which a coal-hole or vault is constructed shall be responsible 
to the city for any and all damages to persons or property in 
consequence of any defect in the construction of such coal- 
hole or vault, or by means of the same or any portion thereof 
being allowed to remain out of' repair; and such owner and 
tenant shall be required to keep the said coal-hole or vault 
and its walls and coverings in good order at all times. 

Sect. 5. The occupant of the estate in front of which a 
coal-hole or vault is constructed shall be responsible to the 
city for any and all damages occasioned to persons or property 
in consequence of the opening in the sidewalk being left un- 
covered, or from the covering thereof being left insecure or 
unfastened ; and such occupant shall be required to keep such 
coal-hole or vault cover in good order and safe for public 
travel over the same. 

Sect. 6. No boiler, steam-shaft, furnace, or steam-pipe, 
and no cesspool, privy, or water-closet shall be constructed or 
located for use in a coal-hole or vault under a sidewalk, and no 
explosive substance or inflammable oil shall be stored in such a 
coal-hole or vault, and no such coal-hole or vault shall be ven- 
tilated into a street. 

Sect. 7. Any excavation under a sidewalk, Avhether 
licensed or not, shall, after one week's notice to that effect, 
given by the board of aldermen, be closed and filled up at the 
owner's expense. 



DIGEST OF BUILDING LAWS. 73 

Sect. 8. When a coal-hole or vault under a sidewalk, or 
when an opening constructed in a sidewalk, is not covered or 
secured as provided in section three, or is in the opinion of the 
board of aldermen unsafe or inconvenient for the public travel, 
the said board may order the same to be removed, and a 
suitable one to be put in its place ; and if such order is not 
complied with within ten days from the service thereof on the 
owner or tenant of the premises, or other person having the 
care thereof, the superintendent of streets shall make the re- 
quired change at the expense of such owner, tenant, or other 
person having the care of the premises. 

Sect. 9. No person shall leave a coal-hole, excavation, or 
other opening in a sidewalk open or unfastened in the daytime, 
unless while it is in use by some person or persons actually 
attending the same, nor after sunset in any case. 

Sect. 10. An excavation or opening made under a license 
shall not, without the consent in writing of the superintendent 
of streets, be used for any other purpose than that stated in the 
application, and every license may at any time be revoked by 
the board of aldermen. 



CHAPTEE 7. 

OF HOISTING GOODS AND SAFES OVER SIDEWALKS. 

Section 1. When goods or merchandise are raised or 
lowered over a street, by virtue of a license from the board of 
aldermen, good and sufficient barriers shall be placed across the 
sidewalk, from the wall of the building from which they are so 
raised or lowered to the curb-stone of the sidewalk, on each side 
of the goods or merchandise so raised or lowered, and such 
barriers shall be kept in their places during the whole time the 
work of raising or lowering is in progress, so as to protect 
travellers from injury or danger. 

Sect. 2. The sidewalk shall not be encumbered by such 
goods or merchandise, or by the raising or lowering thereof, for 
more than fifteen minutes at any one time. 



74 DIGEST OP BUILDING LAWS. 

Sect. 3. All persons licensed to raise or lower goods out- 
side of buildings shall indemnify and save the city harmless 
against all damages, costs, and expenses to which it shall be 
subjected on account of their acts under such license. 

Sect. 4. Every such license maybe revoked at the pleasure 
of the board of aldermen. 

Sect. 5. The inspector of buildings may grant permits to 
suitable persons to raise and lower safes into and from buildings 
in the streets of the city, and to occupy in so doing such por- 
tions of the streets as the said inspector may deem necessary, 
subject to such conditions and regulations as he may prescribe 
for the safety and convenience of the public. 



DIGEST OF BUILDIN"G LAWS. 



75 



INDEX TO CHAPTER 48 OF THE REVISED ORDINANCES 

OF 1885. 



Section 

Building-limits 1 

"If 1. Dwelling-house, height of 2 

Distance from 2 

Thickness and height of brick walls 

if constructed 2 

If 2. Distance required between wooden 

buildings 2 

Tf 3. Wooden ells to wooden dwelling- 
houses 2 

Tf 4. Blocks of wooden dwelling-houses. 2 
If 5. Wooden buildings other than 

dwellings, height and range of. . 2 
Tf 6. Wooden buildings other than 
dwellings, distance from sur- 
rounding wooden buildings. .. . 2 



Section 
^f 7. Sills of wooden buildings not to be 

laid below grade of street. . . , , . 2 

Wooden buildings exempted 3 

Foundations of wooden buildings 4 

Framing of wooden buildings 5 

Terms for altering, raising, enlarging, 

etc., wooden buildings 6 

Permit required for erecting, altering, or 

adding to wooden buildings .... 7 

Penalties 8 

Buildings within ten feet of line of street 
not to be erected or altered unlesss 
fifteen days' notice has been given 
to the inspector of buildings. ... 9 
Number of assistant-inspectors 10 



INDEX TO CHAPTER 49 OF THE REVISED ORDINANCES 

OF 1885. 



Section 

Plumbers required to register 1 

Notices for plumbing to be filed in the 
office of inspector of buildings, and 
all plumbing to be approved by said 

inspector 2 

Buildings to be separately and indepen- 
dently connected with sewer 3 

Drains and soil-pipes 4 

Hain-water leaders 5 

Sewer, soil, and waste pipe ventilators, 

how constructed 6 

Iron pipes 7 

Traps and special air-pipes 8 



Section 

Drip or overflow pipes 9 

Waste-pipes 10 

Water-closet tanks 11 

Pipes and other fixtures not to be covered 

or concealed from view until work 

has been approved by inspector. ... 12 
Plumbing work not to be used until 

tested and found to be satisfactory. 13 

Steam-exhausts , 14 

Water-pipes in exposed places, how 

packed 15 

Grease-traps 16 



INDEX TO DIAGRAMS. 

CHAPTER 48 — REVISED ORDINANCES OF 1885. 

Distances required between wooden buildings and construction of party 
walls in blocks of two or more ........ 

Foundations for wooden buildings ........ 

Framing, plan of, size of posts, girts, etc. 



Plate Section 

A 2 

B 4 

C 5 






(Mar., 1887,20,000) 



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