A MODEL HOUSING
LAW
A MODEL HOUSING
LAW
BY
LAWRENCE VEILLER
AUTHOR OF "HOUSING REFORM," "A MODEL TENEMENT
HOUSE LAW," ETC.
REVISED EDITION
NEW YORK
RUSSELL SAGE FOUNDATION
1920
=•»>
Copyright, 19.14, by
THE RUSSELL SAGE FOUNDATION
Revised edition copyrighted, 1920, by
THE RUSSELL SAGE FOUNDATION
,WM • F. F^LLL CO • PRINTERS
' PjifvADELPHIA
PREFACE TO SECOND EDITION
SINCE the Model Housing Law was published five years ago,
much has happened in America in the world of housing. A
number of states and cities have passed housing legislation
based upon the Model Housing Law. The experience of these
states and communities in adapting the Model Housing Law to
their local needs and conditions, has developed as it naturally
would some weak spots and difficulties in the Model Law. For
this reason it is believed that a new edition of this book is neces-
sary, the first edition having been exhausted for over a year.
When the Model Housing Law was published in 1914 it was
a pioneer effort. There were practically no housing laws of any
kind in the country. There were only tenement house laws and
those based on New York City's experience. New York City is
absolutely sui generis. The conditions which prevail there do not
prevail generally throughout the United States, and laws that are
suited to the peculiar conditions that exist in New York City are
quite unsuitable for most of our American cities. The types of
dwellings which exist throughout the country are not the tall tene-
ment houses of New York but very different types.
This new edition, therefore, represents not only the expe-
rience of all the states and cities in the country which have enacted
housing laws since 1914, but also the experience as well of the
author in his capacity as Secretary of the National Housing Asso-
ciation in aiding in the drafting of such laws, in adapting them to
local conditions and in meeting the. difficulties that have arisen.
The coming into almost universal use of the automobile has
brought with it very difficult problems radically affecting property
subdivision and building construction. It has brought many of
the difficulties that have been encountered in attempting to apply
the Model Housing Law in different states and cities.
v
416862
PREFACE TO SECOND EDITION
The leading housing laws of the country which have been
based upon the Model Housing Law are the following:
Housing Code of Michigan, Act 167, Public Acts of 1917.
This law applies to every city and organized village in the
state having a population of 10,000 or more. It is a true hous-
ing law and applies to all classes of dwellings, namely, buildings
in which people live. The act applies to some 29 cities through-
out the state.
Minnesota Housing Act, Chapter 137 of the laws of 1917.
This is a true housing act affecting all classes of dwellings,
but its application is limited to cities of the first class not organized
under Section 36 of Article 4 of the State Constitution; that is, it
applies only to the city of Minneapolis.
Iowa. Housing Law of Iowa, Chapter 123 of the laws of
1919. It is a true housing law, applies to all classes of dwellings
and affects all cities having a population of 15,000 or more.
Also the following laws, based upon its predecessor "A
Model Tenement House Law/'
Two acts in California of 1917; the Indiana Laws of 1913
and 1917; the Kentucky Act of 1910; the Massachusetts Act for
Towns of 1912 and for cities of 1913; the Pennsylvania Act of
1913.
At the time of the publication of this book early in 1920
housing laws based on the Model Housing Law have been
proposed in the state of Illinois, the states of Pennsylvania and
Rhode Island and in Massachusetts for the city of Boston. The
following cities have ordinances based on the Model Housing Law:
St. Paul, Minn., Grand Rapids, Mich., Duluth, Minn., Berkeley,
Calif., Syracuse, N. Y., Cleveland, Columbus, Lansing, Mich.,
Portland, Oregon, and Salem, Mass.
The first edition of this book contained a chapter entitled
" A Model Tenement House Law" in which was indicated a scheme
by which if a given community felt that it could not enact a hous-
ing law applicable to all classes of dwellings, but desired to enact
a tenement house law applying only to tenement houses, flats and
apartments, it might quickly and easily adapt the Model Housing
Law to such purpose. This chapter has been omitted from the
revised edition; for, no community in the last five years has de-
vi
PREFACE TO SECOND EDITION
sired to avail itself of this scheme. Tenement House laws are not
being proposed. The Nation as a whole recognizes the propriety
of housing legislation.
CHANGES FROM THE FIRST EDITION
In order that persons using the Model Housing Law, and
especially those who have already secured the enactment of hous-
ing laws, may note quickly the changes that have been made in
this edition from the first edition published five years ago, there
is appended the following table which shows by section number
the changes that have been made. This uses the first edition as
the base and indicates by the corresponding section number in
the new or present edition where the section number is changed.
It also gives quick reference to the page number of both editions
and indicates in the form of comments whether there are material
changes, whether there are slight changes or whether there are no
changes. Where sections are omitted this is indicated and where
the sections are new this is similarly indicated.
SECTIONS CHANGED FROM FIRST EDITION
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Vll
PREFACE TO SECOND EDITION
SECTIONS CHANGED FROM FIRST EDITION — (Continued)
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Vlll
PREFACE TO SECOND EDITION
THE SECTION NUMBERS ARE IDENTICAL FROM THIS POINT ON
First Edition
Present Edition
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IX
PREFACE TO SECOND EDITION
First Edition
Present Edition
Changes
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TABLE OF CONTENTS
PREFACE TO SECOND EDITION ......
I. HOUSING REFORM THROUGH LEGISLATION i
II. BUILDING CODES, TENEMENT HOUSE LAWS AND HOUS-
ING LAWS ...... .... 9
III. How TO USE THE MODEL LAW ..... 17
IV. A MODEL HOUSING LAW ..... . .25
ARTICLE I
General Provisions ........ 27
ARTICLE II
Dwellings Hereafter Erected ...... 69
Title i . Light and Ventilation ..... 71
Title 2. Sanitation ........ 161
Title 3. Fire Protection . . . . . . .176
ARTICLE III
Alterations ......... 199
ARTICLE LV
Maintenance ......... 210
ARTICLE. V
Improvements ........ . 240
ARTICLE VI
Requirements and Remedies ...... 262
V. WHAT KINDS OF HOUSES CAN BE BUILT UNDER THE
MODEL LAW? ......... 291
VI. AN IDEAL HOUSING LAW ....... 335
VII. THE STANDARDS OF THE FEDERAL GOVERNMENT . . 341
VIII. ZONING .
... ... 383
xi
DIAGRAMS
FIGURE SECTION PAGE
1. Rear yards — Methods of measurement . . . . 2 (6) 38
2. Rear yards of irregular depth .... . 2 (6) 39
3. Rear yards — Methods of measurement — Extensions . 2 (6) 40
4. Rear yards — Methods of measurement — Courts . . 2 (6) 40
5. Inner courts . . 2 (7) 42
6. Outer courts between wings .... 2 (7) 42
7. Outer courts on the lot line 2 (7) 42
8. Rear of the lot in triangular lots . . . . . 2 (9) 44
9. Rear of the lot with entrance at side . . . . 2 (10) 45
10. Basements and cellars — Varying grades — Low at rear 2(13) 48
11. Basements and cellars — High at rear ..... 2(13) 48
12. What is a corner lot? 20 74
13. Neighborhood treatment of yards 22 84
14. Yards of corner lots 22 88
15. Offsets to courts . .25 115
1 6. A court carried down unlawfully . . . . .27 121
17. A lawful court 27 121
18. Intakes for inner courts 27 118
19. Cutting off the corners of a court — Lawful . . .28 124
20. Cutting off the corners of a court — Unlawful . .28 124
21. Space required between buildings 29 128
22. Space between buildings — Side by side .... 29 129
23. Room with windows in corner — Unlawful and Lawful 31 134
24. Room with furniture in it 33 137
25. Narrow servant's room 33 138
26. "Wardrobe flats" — The flat as approved — Two rooms 35 144
27. "Wardrobe flats" — The flat as occupied — Four rooms 35 144
28. Privacy — Access to water-closets and bed rooms . .36 146
29. General toilet room 37 151
30. Hall lighting — Window at end — Lawful. . . .38 154
31. Hall lighting — The usual hotel corridor — Unlawful .38 154
32. Damp proofing of walls and floors . . . . .44 163
33. Pan and long hopper closets 49 174
xiii
DIAGRAMS
FIGURE SECTION PAGE
34. Fire tower 51 183
35. New court in an old building 73 201
36. Spoiling the light of an existing room . . . .75 203
37. Spoiling the light of an existing hallway . . .75 204
38. Sash windows provided between rooms . . . .120 242
39-45. Water-closets in place of privies . . . .124 249-255
46. A school-sink 124 257
Houses that Can Be Built Under the Model Law
47-60. Detached houses on 4o-foot lots . . . . . 307-320
61-74. Detached houses on 25-foot lots . . . . . 321-334
68-74. Continuous rows or terraces on 25-foot lots. . . 328-334
47-53. Two-story and attic detached houses .... 307-313
54-67. Three-story and attic detached houses . . . . 314-327
68-74. Three-story and attic houses in continuous rows . . 328-334
75. Ideal houses — Two rooms deep, with a central park . . . 337
76. Residence districts — One side of block business .... 378
xiv
I
HOUSING REFORM
THROUGH LEGISLATION
I
HOUSING REFORM THROUGH LEGISLATION
TO the social reformer who believes that the solution of the
housing problem is to be found in a change in methods of
taxation or in a new industrial era this book will have but
little interest.
How delightful it would be to be able to believe that all that
is needed to bring about proper housing conditions is a change in
the economic status of the working people! That given enough
wages, slums would vanish! Flying carpets, wishing caps, and
magic philters have from time immemorial had an indescribable
charm for humanity. But alas, it is not to be done so easily.
City slums cannot by the wave of a necromancer's wand become
gardens of delight.
The determination of how best to accomplish housing reform
depends a good deal upon one's conception of what the housing
problem is; before there can be adequate discussion of the remedy
there must be agreement as to the disease. Jn other words, we
must know what we are going to reform before we attempt to
reform it.
There is great variety of opinion on this subject, especially
among those to whom it is a new subject. Some people seem to
believe that the housing problem is essentially the problem of
cheap houses; as they have expressed it, "of providing a home for
the man who cannot afford to pay more than $9.00 a month."
But this is a singularly misleading and restricted view of a large
and complicated question. It is but one aspect of it. It would be
as appropriate to say that the problem of child welfare is the pro-
viding of milk at four cents a quart.
Another group, with their eyes fixed upon the more crowded
quarters of some of the larger cities where the problem of moving
back and forth the vast throngs who journey from one part of the
city to another twice a day is fraught with great difficulties,
3
- A '\M-ODEL HOUSING LAW
conceive that the housing problem is the problem of rapid transit,
and that if cheap and effective rapid transit could be once provided
the housing problem would be solved. This is not a new view.
Still another element believe that the housing problem is the
problem of supplying a sufficient quantity of housing accommoda-
tions and that anything which tends to encourage the building of
more houses will solve the housing problem, the assumption being
that people live under bad conditions simply because there are
not enough houses to go around.
There is truth in all these views. Each one is a factor in-
volved in the housing problem, but no one of them can be truth-
fully said to constitute that problem.
The housing problem is the problem of enabling the great
mass of the people who want to live in decent surroundings and
bring up their children under proper conditions to have such oppor-
tunities. It is also to a very large extent the problem of prevent-
ing other people who either do not care for decent conditions or are
unable to achieve them from maintaining conditions which are a
menace to their neighbors, to the community and to civilization.
If we accept this view of what constitutes the housing prob-
lem we see that it has many sides; that it is not only an economic
problem, not only a question of supply and demand and of furnish-
ing a sufficient quantity of homes, but that the kind of home is of
vital importance. The assumption that thousands of people live
under conditions such as are found in our large cities throughout
America because there are no other places in which they can live
is not borne out by the facts. There is no use in dodging the
question. We may as well frankly admit that there is a consider-
able portion of our population who will live in any kind of abode
that they can get irrespective of how unhygienic it may be.
Housing reform is to be sought in many ways, but chiefly
through the enforcement of wise laws; laws which will regulate the
kind of houses that may be built, will compel the improvement of
the older buildings as they fall into disuse, and will require all
buildings in which human beings live to be kept in a sanitary and
safe condition.
But legislation is not the only way. Much must be done
through education, — education of both tenant and landlord, and
4
HOUSING REFORM THROUGH LEGISLATION
even of the community itself. The force of example some think
will do much, but thus far that expectation has not been realized.
Considerable also can be accomplished by wise management;
by the building of houses of a more attractive type; by encourag-
ing the development of Garden Cities; by stimulating those who
like country life to live in the country or in the suburbs; by im-
proved transit, thus making it easier for men to live out of town
and journey to their work; and especially by the intelligent plan-
ning of towns and cities.
But what makes any of us take up housing reform is not
primarily the desire to see any of these things brought about, but
the insistent demand made by our consciences for the abolition of
the slum.
We all of us believe that the conditions under which thou-
sands of our fellow citizens live are wrong and a mockery on civili-
zation, and to many of us the continuance of such conditions seems
fraught with menace to our institutions. That the people them-
selves often have created the very conditions from which they suffer
does not alter the situation. The conditions are there and must
be dealt with. The one thing that we are all agreed upon is that
we cannot afford to neglect them.
The housing problem is therefore essentially the problem of
preventing people from maintaining conditions which are a menace
to their neighbors or to the community.
Housing evils as we know them today are to be found in
dangerous and disease-breeding privy vaults, in lack of water
supply, in dark rooms, in filthy and foul alleys, in damp cellars, in
basement living rooms, in conditions of filth, in inadequate methods
of disposal of waste, in fly-borne disease, in cramped and crowded
quarters, in promiscuity, in lack of privacy, in buildings of undue
height, in inadequate fire protection, in the crowding of buildings
too close to each other, in the too intensive use of land.
How are these manifold evils to be remedied? Legislation
thus far has proved to be the most effective remedy. The only
way that we know of by which such conditions can be ended is
through the enactment of laws which will compel the removal of
these evils and the substitution of right conditions. This is not
theory but the result of the experience of many cities.
5
A MODEL HOUSING LAW
Legislation alone, of course, will not do it. Laws must be
enforced. Merely getting a housing law on the statute books will
not change conditions. Unfortunately, laws do not execute them-
selves and no law will do much unless an adequate system of en-
forcement is also provided.
True, it is a painful operation. It takes time and energy
and above all things patience. It means constant effort. It
means attention to innumerable details. It often means foregoing
immediate results to secure larger future returns.
Housing is a commodity like food or clothes, and the methods
to be employed in securing the right kind of housing for the people
of any community differ in no essential respect from the methods
to be followed in providing the right kind of food or clothing for
that community. In a city where the children of the poor were
dying of typhoid because of impure milk, we should, I think, feel
that it was trifling with a serious situation if it were urged that
nothing could be done through legislation, but that the only way
to insure a better milk supply was to encourage the people to move
to the country where they could have their own cows and thus in-
sure the right kind of milk for their children.
We should undoubtedly feel that it was playing with a vital
situation were it proposed to meet a crisis of this kind through the
establishment of a model dairy which would furnish milk to i per
cent of the children of the city, and at the same time allow the other
99 per cent to be poisoned by bad milk. What every community
has done under such circumstances has been to rise in its might
and say bad milk shall not be sold. In other words, they have
sought the remedy for such a condition through law and law en-
forcement, and they have gotten results. It is all right to estab-
lish a model dairy to encourage others and show how good milk
can be produced, but this should follow an ordinance prohibiting
the sale of skim milk or milk containing too large a bacterial count.
No sane community would accept the establishment of one model
dairy as a substitute for that kind of legislation. Good housing is
to be provided in just the same way.
The question which every housing reformer must face is:
What method will give the largest results with the least expenditure
of energy and effort? It is largely a question of emphasis. The
6
HOUSING REFORM THROUGH LEGISLATION
method which will return 90 per cent of results and not 10 per cent,
is obviously the method to follow. No one thing will in itself solve
the housing problem in any community. Housing evils are of so
manifold a nature and have so many manifestations that it is, of
course, apparent that many things must be done before right con-
ditions can be achieved. There is no method of housing reform
which the housing reformer should not adopt provided it will
produce results. It must always be submitted to this practical
test. In some cases all methods are to be employed, not merely
one.
/That legislation alone will solve the housing problem is of
course absurd. But the point that we wish to lay emphasis upon
is that in most cases the largest results have come from legislative
action and that until certain fundamental evils have been remedied
it is futile, or worse, to adopt the methods of housing reform which
may be said to belong to the post-graduate period rather than to
the kindergarten stage of a community's development, f In other
words, we must get rid of our slums before we establish Garden
Cities; we must stop people living in cellars before we concern our-
selves with changes in methods of taxation; we must make it im-
possible for builders to build dark rooms in new houses before we
urge the government to subsidize building; we must abolish privy
vaults before we build model tenements. When these things have
been done there is no question that effort can be profitably ex-
pended in the other directions mentioned.
II
BUILDING CODES/ TENEMENT HOUSE LAWS
AND HOUSING LAWS
II
BUILDING CODES, TENEMENT HOUSE LAWS
AND HOUSING LAWS
IF we accept the principle that the largest results in housing
reform will come through legislation, the immediate practical
questions which present themselves are: What kind of laws
shall we work for, how shall we prepare them and how obtain
them?
As a rule, the first suggestion which comes to mind is to
amend the building code. Every city of considerable size has a
building ordinance of some kind and in those places where there is
no building code it is very natural to concentrate effort upon se-
curing one. While it is true that we do want to secure the enact-
ment of laws which will regulate the way houses may be built,
yet the remedies which most people interested in housing reform
are seeking will not be found in the ordinary building code.
It is important, therefore, at the outset to clearly distinguish
between three kinds of building laws — a building code, a tenement
house law and a housing law.
A building code is, as its title indicates, a code of laws dealing
with the methods to be employed in the construction of buildings.
It concerns itself chiefly with questions of building materials and
processes. Housing reformers are not as a rule interested in these
questions; in the quality of brick and mortar, in methods of fire-
proofing, in the advantages of terra cotta as compared with re-
inforced concrete, in factors of safety, in dead and live loads, in
wind stresses, in automatic sprinklers, in fire and water tests, in
rivets and flanges of iron beams and columns, in wall thicknesses
and similar technical questions. Important as these are from the
point of view of safety and construction and the reduction of fire
risk, they do not touch the questions which most vitally concern
the welfare of the great mass of our people.
1 1
A MODEL HOUSING LAW
In other words, a building code does not so much affect
living conditions as it affects the building industry. At best a
building code is nothing more nor less "than a gigantic specification.
It is a document to interest architects and builders and manufac-
turers of building materials, not the housing reformer. As a rule,
it is a long, detailed, abstruse, highly technical and uninteresting
document, not understandable in most of its provisions by the
layman.
Only in rare instances do we find in a building code provisions
which deal with the conditions under which people live. Ordi-
narily no building code concerns itself with anything but the con-
struction of new buildings. It is seldom that we find it dealing
with the conditions which must be maintained in order that people
may have sanitary homes.
It is apparent, therefore, that housing reformers will not
find in the enactment of building codes the legislation which they
are seeking.
The question then presents itself whether one should work
for a tenement house law or for some other kind of a law. The
answer to this question will depend very much upon the condi-
tions which prevail in each city where the problem is taken up.
In a city like New York, for instance, or Boston, or even Chicago,
there are many reasons why housing reformers should seek at first
at any rate to secure tenement house legislation. In these cities
the tenement house is the type of dwelling in which the great
mass of the people live. It is also the type in which the most se-
rious evils are to be found. It is but natural under such circum-
stances that housing reformers should seek remedies for the worst
conditions first.
Up to five years ago the course followed in America has been
along these lines. Housing reform has been sought chiefly through
tenement house legislation; that is, through laws which regulate
the conditions in buildings in which many people live; and which
deal not merely with the construction of such buildings when new,
but also require the improvement of the older ones and the main-
tenance of all dwellings in a safe and sanitary condition.
/ Housing laws are essentially different from building laws.
/They concern themselves primarily with sanitary questions — with
12
BUILDING CODES AND HOUSING LAWS
light and ventilation, plumbing and drainage, intensive use of
land, privacy, sewage disposal, egress in case of fire, reasonable
fire protection, and to a large extent with maintenance and use,
regulating conditions under which water-closets are maintained,
prohibiting improper use of cellars, regulating and restricting
basement and cellar occupancy, providing for adequate water
supply in convenient places, insuring cleanliness and the keeping
of buildings in repair, providing receptacles for waste materials of
various kinds, forbidding the keeping of animals and similar im-
proper use of the premises; they require a resident caretaker,
prohibit overcrowding, forbid the taking in of lodgers, authorize
the health department to vacate houses which are unfit for habi-
tation, and generally require buildings to be kept in sanitary con-
dition.
It is at once seen that such a law is materially different from a
building code and that it concerns itself with totally different
things.
The question, What is_ a ^enejrientjiouse? presents some dif-
ficulties. In most cities the law includes in this category buildings
which are occupied in common as the home or residence of three or
more families. In a few cities the standard is set at four families,
but in recent years it more properly has been set at two families.
The city of Chicago, for instance, in its ordinance includes as
tenement houses all buildings occupied by twjx.families or more.
The tenement house law of the state of Indiana similarly sets the
standard at two families, though New York City still keeps its
standard at three families. Columbus, Ohio, has gone further.
It not only treats all two-family houses as tenement houses but
includes under many of the provisions of the same law certain types
of one-family houses as well.
There is, of course, no reason why people who live in houses
in which there are but two families should not be afforded the same
protection against unsanitary conditions that is afforded to people
who live in houses in which there are three families. All are equally .
entitled to light and air, proper drainage, modern sanitation, ade-
quate water supply and the rest of the things which go to make up
proper housing conditions.
One reason why housing reformers have heretofore confined
13
A MODEL HOUSING LAW
their efforts to tenement house legislation has been that they
have necessarily in the beginning of this work, as a matter of pol-
icy, felt constrained to proceed along lines of least resistance and
take up those conditions for which there would be the strongest
public support.
Obviously, only in those cities where the tenement house' is
the prevailing type, will a tenement house law do much to solve the
housing problem. In the great majority of cities, however, the
tenement house is not the usual type but the exception. In most
cities in America the great mass of the people live in one-family
houses, many of them in detached houses; nevertheless, the hous-
ing evils which prevail there are the same evils that are found in
the tenement houses of our larger cities.
Dark rooms, cellar dwellings, lack of drainage, inadequate
water supply, overcrowding, the lodger evil, and the other count-
less evils encountered in our cities are found just as frequently in
the small cottages in which the mass of the working people live
as in the taller tenements of our older cities.
It is apparent, therefore, that housing reform to be effective
must in most cities concern itself not merely with the tenement
house but with the private dwelling.
There would be little difficulty in this were it not for the fact
that any law which effectively regulates the dwelling in which the
workingman lives must also apply to the mansion of the million-
aire and the home of the average well-to-do citizen, who as a rule
resents the idea that the house in which he lives needs regulation,
and is consequently apt to oppose such efforts at housing reform.
The tenement house and the private dwelling are not the
only types of buildings which need regulation. There are others
which need it quite as much. It would seem that the time had
come in America when we should regulate all buildings in which
human beings live, and that it is folly for us any longer to permit
dark rooms in any building where people dwell. A dark room in a
, boarding house or hotel is as dangerous as one in a tenement house;
possibly in some ways more dangerous. Bad plumbing has the
same bad effects in all buildings.
For these reasons the housing reformer should work for
housing legislation; not merely for a tenement house law which in
14
BUILDING CODES AND HOUSING LAWS
most communities deals with one comparatively small and limited
class, but for a law which affects all citizens, a law which makes
dark rooms quite as impossible in the rich man's home as in the
poor man's cottage, which makes a dark hall quite as illegal irTa
modern high-class, fireproof hotel as in a common lodging house.
The only kind of legislation that will do this is a law which
affects all buildings in which people live, whether those buildings
are private dwellings, two-family dwellings, tenement houses,
apartment houses, flats, hotels, boarding houses, lodging houses,
apartment hotels or bachelor apartments.
It is apparent that the scope of such a law is far wider than
that of a mere tenement house law. The opposition to it will also
be wider. And yet notwithstanding this, it is the kind of legislation
to work for. By no other means can we secure right conditions.
It is, moreover, a rather restricted view to assume that one's
duty as a good citizen is thus limited. It is also a short-sighted
view; for it will be a question of only a few years when we shall
have to take the second step if we do not take it now. And it is
easier to make the advance in one step than in several. It is wise
economy to make the momentum of the initial campaign carry
through the broader law.
On the other hand, the term "tenement house" is something
of an asset. One can rally to the support of tenement house reform
a vast amount of public sentiment which does not respond so
quickly in behalf of a mere housing law. The word immediately
conjures up to the popular mind a picture of sordid, squalid con-
ditions. When we hear of "tenement house reform" our minds in-
stinctively revert to the city slum. But the public, we are glad to
say, is becoming educated in this regard and is beginning to ap-
prehend the significance of "Housing" in a way that it did not
a few years ago.
But it is also a liability. When applied to the high-class
apartment house or to the better grade flat, to the private dwelling
or the two-family house, there is resentment on the part of many
members of the community whose support we should otherwise
have, because they feel that a stigma is being attached to their
property and their homes. They resent the idea of a tenement
15
A MODEL HOUSING LAW
house law as applicable to the houses in which they live; for, their
conception of a tenement house is the popular one.
These advantages and disadvantages are both lost when we
work for housing legislation. While it is true that the stigma
attaching to the tenement house label disappears, on the other
hand we shall extend the opposition to new groups.
I see no escape, however, from this dilemma. If the laws
are to be of any value they must have "teeth in them" and some-
one is sure to be hurt. This is inherent in the situation and can-
not be avoided.
If we wish, therefore, to make our efforts of the widest in-
fluence we should seek housing legislation and not merely tenement
house reform. The latter will do for a few cities, but will prove
of little value to the great mass of communities in America.
Housing evils are not confined to cities. Slums are found wherever
people live, in small towns,' in villages, even on the open prairie,
and the only effective way to overcome these evils is through hous-
ing legislation; legislation which at first should apply only to the
larger cities, but which gradually can be extended with little
change to the smaller communities until ultimately every section
of the state is embraced within its beneficent protection.
16
Ill
HOW TO USE THE MODEL LAW
Ill
HOW TO USE THE MODEL LAW
WHILE this book is called A Model Housing Law it is so
only in the sense of being a working model upon which
others may build. It is in no sense meant to be an
ideal or perfect statute. It perhaps can be best described as
"canned legislation/' Its purpose is to save persons interested
in housing reform many years of effort, and if rightly used should
accomplish this purpose. It is intended to make unnecessary the
painful operation of collecting the housing laws of all the dif-
ferent cities and states throughout the country, preparing a com-
parative digest of them, and slowly and painfully setting to work
to construct a new law from these elements, cutting a piece here
and adding a patch there, the result being a crazy-quilt of legisla-
tion which does not accomplish what is desired.
As all the housing laws in the United States are based upon
three models, either the New York Tenement House Law or the
present author's Model Tenement House Law, published in 1910,*
or the Model Housing Law as published in 1914, it at once appears
that there is little advantage to any community in thus collecting
the laws of the different states and cities. At best aH that one can
get from them is to discover the local variations that have been
made from the parent stock.
As a rule these local variations hinder rather than help.
They frequently mean nothing more than a concession made to
some individual on a local committee who has in mind some par-
ticular type of house and who declines to agree to a report or to
support proposed legislation unless the particular point which he
has in mind is favored. Concessions of this kind when copied in
other communities without an understanding of the reasons which
led to their enactment, do incalculable harm.
* Veiller, Lawrence: A Model Tenement House Law. New York, Chari-
ties Publication Committee, 1910.
19
A MODEL HOUSING LAW
In A Model Tenement House Law, the disadvantages of
this method of procedure are pointed out. It may not be amiss
to repeat some of the warnings given there.
Writing a housing law is a difficult task. It requires much
time and effort and a good deal of technical knowledge. As
usually done it is undertaken by one or two public-spirited citizens
who come to the task generally unprepared. Unless guided by
the experience of others the results of this kind of effort are apt to
prove disastrous. The law prepared under such methods is as a
rule found inadequate when put into practice. It is then discovered
that many important matters have been overlooked, that some
parts have been so drawn as not to accomplish what was intended,
that others are so involved that they are understood neither by the
officials who have to enforce them nor by the citizens who are called
upon to obey them, and that there are loopholes in the law by
which it may be easily evaded and often its whole purpose defeated.
It is because of these considerations that the Model Law has
been evolved.
All those enactments which any city would wish to make to
regulate past, present and prospective housing evils have been
included. It has been prepared for practical use by laymen, as
well as by lawyers and public officials, and has been kept as simple
and concise in form as it is possible to make it.
Housing laws deal with the construction of new buildings,
the alteration of existing ones, and the maintenance of all, and are
therefore used by many different classes in the community: build-
ers, architects, plumbers, owners, tenants, social workers. In most
laws, especially building codes, the provisions which relate to dif-
ferent classes of buildings are jumbled together and the person
using them is compelled to hunt through the whole law to find
that part in which he is interested.
I"n this respect the Model Law represents a great advance.
The various provisions have here been so classified that each per-
son can quickly and readily find those matters which interest him.
A builder need only consider the provisions of one chapter of the
law; namely, that relating to New Buildings. A man wishing to
alter his house will find everything bearing on it in one separate
chapter entitled Alterations; the landlord will find grouped to-
20
HOW TO USE THE MODEL LAW
gether under Maintenance in another chapter, all those provisions
which govern the maintenance of such houses; and here too ten-
ants and social workers will find what they want to know.
The law is accordingly divided into six chapters: Chapter- 1 r
General Provisions (including Definitions); Chapter II, New
Buildings (divided into three divisions: Title i, Light and Ventila-
tion; Title 2, Sanitation; Title 3, Fire Protection); Chapter III,
Alterations; Chapter IV, Maintenance; Chapter V, Improve-
ments; and Chapter VI, Requirements and Remedies.
A special word of caution should be given in this connection.
Some people have in their desire to "simplify" and reduce the bulk
of the law because the law "looks so long" to them, sought to
combine the various provisions and have disregarded this impor-
tant plan of classification and thrown the various sections together.
In every case where this has been done the result has been disas-
trous. The law thus evolved has been not pnly complicated and
troublesome but has failed to remedy the evils involved.
Those seeking housing reform should realize at once that
there is no way to enact a short housing law which will be adequate.
There is -no escape. If the conditions are to be adequately dealt
with, the housing law must deal with all the important phases of
the problem. No short cuts are possible. This is quickly demon-
strated by going through the Model Law section by section and
asking, " What sections can we safely omit?" It is quickly discov-
ered that there are practically none.
A housing law to be appropriate should necessarily be adapted
to local conditions. What is necessary and practicable in one city
may not be necessary in another. In order to make such local
adaptation easy, the plan has been adopted of printing in capital
letters those standards which may vary in each city; thus, in the
provision dealing with the percentage of lot which may be occupied,
in the Model Law this has been fixed at SEVENTY per cent in the
case, for instance, of interior lots not over 60 feet in depth. Some
cities may wish to impose either a higher or a lower standard, to
make this amount say 60 or 75 ; all that each city needs to do under
the scheme of this law is to change the one word "SEVENTY"
and leave the rest of the section as it is. The convenience of such
a plan is obvious.
21
A MODEL HOUSING LAW
Where there is no featuring of a standard in this way it
means that the requirement as written is deemed right for every
city and should be enacted without change.
Too much emphasis cannot be placed upon adhering strictly
to the phraseology and punctuation employed in the Model Law.
Efforts should not be made to " improve" or " simplify" it. Every
word, every comma has been weighed and has its exact and definite
meaning. Many of the provisions have stood the test of many
years' enforcement and interpretation.
Similarly, there are advantages in retaining the order of
arrangement of the various sections and where possible the same
section numbers. When your law comes to be tested in the courts,
as it of course will, it will be helpful to be able to show the court
that the provision under .review is not some novel and untried
venture, but that the identical provision in a very similar statute
is to be found in the laws of "Michigan, Minnesota and other states.
Following each section of the Model Law will be found
copious notes and illustrative diagrams. While it is true that there
are few sections of the law to which such notes are not appended,
yet the plan has been to make no unnecessary comment -.but only
to discuss those points which experience has shown are likely to
give rise to difficulty and concerning which those using the law
should be fully informed. The notes are in the form of a running
commentary on each section, pointing out where there is any doubt
the reasons which have caused its enactment and what is intended
to be accomplished by it; also calling attention to ways in which
its meaning may be misinterpreted and explaining wherever
necessary to the lay mind all technical points involved.
Similarly, the illustrative diagrams which accompany the
text are employed where it is felt that without them what is in-
tended will not otherwise be plain, especially to persons not
familiar with the technical aspects of the problems involved.
These diagrams will be more useful to the layman than to the
architect or builder, but will it is hoped prove useful even to them.
To persons especially familiar with the technical details of
housing laws many of these notes may seem superfluous, but it
should be remembered that the Model Law will necessarily be
used by many persons who do not have this technical equipment.
22
HOW TO USE THE MODEL LAW
In addition to these explanatory notes it has been thought
wise to build "a flight of steps" both up and down from each of
the more important sections. In other words, while each section
of the Model Law represents the best consensus of opinion as-fo—
what it is desirable and practicable to adopt, it is recognized that
it will not always be possible for each city to enact every provision
as written in the law. Concessions will necessarily have to be
made to meet the views of various persons in each community,
and it is important, therefore, for the housing reformer who is
working for this result to know where he may safely make conces-
sions and how far it is wise to go. In order to aid him to the
greatest possible extent a flight of steps has' been built leading
down from each section. In other words, where concessions can
be made a series of "Concessions" is indicated after the explana-
tory notes, and the exact phraseology of each concession is given.
On the other hand, it is also recognized that in many cities
it may be possible to adopt higher standards than those established
in the Model Law. There are many sections in which undoubtedly
it would be wise if higher standards could be adopted. A flight of
steps upward has therefore similarly been erected from each section
and a series of "Variations" appended to those sections where it
is believed that higher standards can be adopted. Here, too, the
exact form of each variation is given in precise terms so as to aid
those using the law to the greatest degree.
Equipped in this way, thus prepared to make the law stronger
or weaker as may be necessary in each locality, it is believed that
the housing reformer will be furnished with a complete armory of
weapons with which to wage his fight.
This book would not be complete without a consideration,
also, of what may be termed an Ideal Housing Law so far as light
and ventilation are concerned. This is an attempt to do away with
air-shafts and light-courts and other unsatisfactory makeshifts for
direct light and air by permitting no dwellings to be erected which
exceed two rooms in depth.
Whether American courts have advanced sufficiently at this
time to sustain such legislation is a nice question. Whether they
will or not, the author thinks it not inappropriate to include in
A MODEL HOUSING LAW
this book a suggestion indicating the direction in which an ideal
housing law is to be sought.
A word of caution to those using the Model Housing Law.
There is a subtle temptation in the form of local pride which
sometimes makes a group of housing reformers desire to have the
law they draft seem more essentially their own. A distaste for
"copying'' and an exaggerated desire for individual expression
lead them to change for the sake of changing, to fix other standards
because they are theirs.
The result of this course has generally proved to be disastrous.
The profitable course to pursue is the direct reverse. Every person
who is using the Model Law as the basis of his legislation should
approach it with the idea in mind that as few changes as possible
should be made, and only those for which affirmative evidence
can be presented.
The burden of proof is on him for every change or departure
made from the standards therein established. His conception of
his work should be to try and have the Model Law enacted in his
community with the fewest possible changes, and no change should
be made for which there are not strong and cogent reasons.
A failure to heed this advice has brought about disastrous
and unexpected consequences; in several instances resulting in
imposing unnecessary hardships upon real estate and in other cases
defeating the very purposes the framers of such laws had in mind.
IV
A MODEL HOUSING
LAW
AN ACT
To promote the health, safety and welfare of the people
by. regulating the light and ventilation, sanitation, fire
protection, maintenance, alteration, improvement and use
of dwellings; to define the classes thereof, to establish
administrative requirements and to establish remedies and
fix penalties for the violation thereof.
NOTE i : In order to base the act upon the founda- Expiana_
tions on which the Police Power of the State rests, t-Q^
viz., health, safety and welfare — it is good practice to
write these important words into the Title of the Act.
The People of the State of repre-
sented in Senate and Assembly, do enact as follows:
NOTE: The enacting clause will vary in different Expiana.
states; it should be made to conform strictly to the
form locally in use.
ARTICLE I
GENERAL PROVISIONS
SECTION i. Scope of the Act. This act shall be known
as the Housing Law3 of l and shall apply to
every city, town and village in the state- which by the
last federal census had a population of TEN THOUSAND2
or more, and to every other city, town or village as soon as
its population shall reach TEN THOUSAND thereafter.
NOTE i : Insert the name of the state in which it is Explana-
proposed to enact the law. t-on
NOTE 2: One of the perplexing questions that has
to be faced at the start is how wide an application to
give the act. If local conditions permit and it is
feasible to have the act apply to all cities of the state
27
A MODEL HOUSING LAW § I
rather than to a few, it is of course better to give it
this wider application. In Wisconsin some years ago
a tenement house law which applied the same require-
ments to the rural districts that it did to the large
cities was held by the courts of that state to be unrea-
sonable and therefore void. On the other hand, in
some states, Ohio for example, a law which does not
apply generally to all cities throughout the state
would be held to be unconstitutional and void.
While there will undoubtedly be many people who
will wish to see the law apply to all parts of the state,
it will not be good policy to attempt this at first.
Such a provision is more than likely to insure the
defeat of the bill in the legislature; for, the members
from rural districts are likely to resent an attempt to
regulate the conditions under which their constituents
live. The people are not yet ready for such sweeping
reforms. The ideal condition is to have a housing law
apply to all classes of buildings used as the residence
of human beings, whether located in the country or in
the city. Recent investigations show that conditions
exist in many villages and on the prairies that are as
bad in some respects as those to be found in the slums
of large cities. A dark room is equally bad every-
where. If the law is given this wider application,
great care must be taken to see that all its provisions
appropriately apply to the simpler conditions which
prevail in rural, semi-rural and suburban communities.
For example, the requirement of Section 47 for water-
closets would be inappropriate in the country where
there is no communal water supply. Similarly, in rural
districts the provisions of Sections 99 and 100 relative
to cisterns, wells and catch-basins are essential, but
they are not appropriate for cities. The greatest
difficulty in giving the law such general application is
the lack of means of enforcing it in sparsely settled
communities, and the cost of any system of inspection
that will insure the maintenance of sanitary condi-
tions. If this change is desired the following variation
is suggested:
Variation VARIATION i: "Section i. Scope of the Act. This act
shall be known as the Housing Law of
and shall apply to every city, town and village in the
state/'
28
§ I GENERAL PROVISIONS
// is Advised: To have the act apply at first to the
larger cities, then after it has been tried out and put
into successful operation for two or three years, to
extend its application to the smaller cities, and later __
to all parts of the state.
NOTE 3 : The advantage of the short popular title
is to make it easy to cite the act in subsequent statutes
and legal proceedings without the necessity of repeat-
ing each time a long title with the chapter number of
the act and the various amendatory acts. In some
states this method of citation is not permitted.
VARIATION 24: "In the case of cities having a population Variation
of ONE HUNDRED THOUSAND5 or over, it shall also
apply to all that territory immediately adjacent and con-
tiguous to the boundaries of such city and extending for a
radial distance of TWO miles6 beyond such boundaries in
all directions."
NOTE 4: In recent years there has been an increas-
ing appreciation of the folly of permitting slums to
develop on the outskirts of large cities, thus creating
conditions which later on will cause trouble and ex-
pense to those cities when these outlying sections be-
come a part of the city through annexation. Accord-
ingly, this "Variation" has been formulated to deal
with this situation.
In cases where the Model Law is enacted as a local
ordinance rather than as a state law, it will not be
possible to include such a provision; as it is not within
the power of a city to legislate for territory outside of
its corporate limits. It is of course entirely within the
province of the legislature to determine how wide an
application a law of this kind may have.
NOTE 5: It is probably wise at first to limit such
a provision to the larger cities, but there is no reason
why it should not ultimately apply to all cities. If
that is desired, the wider application can be obtained
by omitting the words " In the case of cities having a
population of ONE HUNDRED THOUSAND or
over."
NOTE 6: The distance to which the area of inclu-
sion shall be extended depends entirely on local con-
ditions. Two miles seems reasonable. Five miles
would seem a maximum distance.
29
A MODEL HOUSING LAW § 2
§ 2. DEFINITIONS.1 Certain words in this act are de-
fined for the purposes2 thereof as follows. Words used in
the present tense include the future; words in the mascu-
line gender include the feminine and neuter; the singular
number includes the plural and the plural the singular;
the word "person" includes a corporation as well as a
natural person.
Explana- NOTE i : There is danger in definitions. One must
be closely on one's guard. The tendency of the un-
initiated is to try to define everything. This is both
unnecessary and unwise. We are not writing a dic-
tionary but a law. Every definition is a source of po-
tential danger. If not skilfully or carefully drawn
it may defeat the entire purpose of the act. It may
not only fail to include all cases that should be in-
cluded, but it is more likely to err in permitting eva-
sion of the law on technicalities, through lack of pre-
cision. The result is disastrous in either case. No
definition should be included that is not absolutely
necessary nor any term defined that is not used in the
act. Where words have a commonly accepted mean-
ing, and it is not desired to change that meaning, they
should not be defined. It is sometimes safer to leave
some things undefined, as it affords greater oppor-
tunity for successful argument in support of the act
in subsequent litigation. It is neither necessary nor
desirable to define such words as "apartment,"
"story," "building," "street," "alley," "lot," and
so forth. It will be found that all definitions neces-
sary to a proper housing law have been included.
None can be added without danger.
It will be generally found that there is a demand
that what constitutes a "lot" shall be defined. This
should not be done, however. If it is done, it is almost
certain to result in unnecessarily restricting the use of
property. A man should be free to make his "lot"
whatever he wishes. It may be a piece of property
50 feet by 100 feet. But, if he wants to combine in
one lot 200 feet by 100 feet, four such parcels of land
and build one large apartment house on them, is
there any reason why he should not do so? If the
apartment hause later burns down and he wants to
redivide his property once more into four lots should
30
§2(l) GENERAL PROVISIONS
he not be free to do so? Any definition of lot in this
law would not only be superfluous but would prove
to be hampering. All that is necessary is to make
sure that the requirements for adequate open spaces
for light and ventilation shall not be evaded and that
is done satisfactorily in the law by specific provisions
prohibiting the reduction of such open spaces and the
reduction of the lot beyond certain minimum require-
ments.
NOTE 2: The phrase "for the purposes thereof"
is of importance; otherwise the act will have a wider
effect than is intended. To impose the limitations of
these definitions upon the operation of other statutes
would of course be unwise. For example, in one of
our states, the housing law defines a hotel as one
having at least 50 sleeping rooms, whereas the excise
law requires but 10 sleeping rooms. Under the excise
law hotels with 10 rooms are given certain privileges
as to the sale of liquor; these would be taken away
from every hotel that did not have 50 rooms, were not
the definition in the housing law limited to "for the
purposes of this act."
§2 (i) DWELLING. A "dwelling" is any house or
building or portion thereof which is occupied in whole or
in part as the home, residence or sleeping place of one or
more human beings, either permanently or transiently.
NOTE: This is a bousing law; that is, it deals with Explana-
buildings in which people live. It does not attempt tion
to deal with places where people only work or assemble.
It might very well be called a dwelling house law.
Its provisions therefore relate to all dwellings, though
some relate only to certain kinds of dwellings. The
definition of dwelling is made as all-inclusive as pos-
sible. The determining factor is the sleeping place
of the individual. As the act applies to all dwellings
and includes the mansion of the millionaire and the
modern high-class hotel as well as the cottage and
tenement of the humble wage-earner, it must be
drawn with the greatest care. Herein lies the great-
est point of difficulty in the whole subject. Pro-
visions which are at once admitted to be necessary
for the protection of the poor tenement dweller, are
resented by the rich or well-to-do member of the com-
31
A MODEL HOUSING LAW § 2 (2)
munity, who thinks no law is necessary for him, and
is often unable to see that in order that the community
may be protected, laws must be general in their ap-
plication, and that occasionally the individual must
of necessity be restricted in greater or less degree.
§ 2 (2) CLASSES OF DWELLINGS. l For the purposes of
this act dwellings are divided into the following classes:
.(a) "private-dwellings," (b) " two-family dwellings, " and
(c) "multiple-dwellings":2
(a) A "private-dwelling" is a dwelling occupied by but
one family alone.3
(b) A "two-family dwelling" is a dwelling occupied by
but two families alone, one above the other. A semi-
detached or double house4 containing two families with
separate entrances for each but under one roof and with
a wall or party-wall between but no interior connection
between the two parts of the building is to be considered
as two private dwellings. A two-family dwelling which
contains a store5 or other business space or is three stories
in height, shall be deemed a multiple-dwelling and shall
comply with the requirements for such dwellings.
(c) A "multiple-dwelling"2'6 is a dwelling occupied
otherwise than as a private-dwelling or two-family dwell-
ing.
Explana- NOTE i : The whole scheme of the law is to be
found in the plan of classification herein embodied.
Especial care has been taken to differentiate the three
classes, private dwellings, two-family houses, and
multiple dwellings of various kinds, thus permitting
differentiation in the provisions relative to each class.
That such differentiation is necessary is obvious.
Provisions necessary for safety in large tenement
houses or in tall hotels are not so necessary in small
two-story private dwellings. Practically all of the
provisions of the act with reference to fire protection
will be found to apply only to multiple dwellings
(Sections 53 to 64 inclusive). Similarly, other pro-
visions proper for the maintenance of tenement
houses are not so necessary in private dwellings.
(See Sections 90 and 91.) Many of the provisions
32
2 (2) GENERAL PROVISIONS
of the act apply to all classes of dwellings; some apply
only to multiple dwellings and a few only to one class
of multiple dwelling. By means of this plan of classi-
fication it is possible to encourage the construction of
private dwellings and two-family houses and to dis-
courage the erection of tenement houses and other
forms of multiple dwellings by making the provisions
relative to the latter more stringent than those af-
fecting the former classes. We are, moreover, on
safe ground from a legal point of view in adopting this
method of restriction, whereas we should not be if,
for example, we attempted a definite prohibition
against the erection of tenement houses. To impose
more stringent requirements, in case of fire for in-
stance, on tenement houses occupied by many fam-
ilies than on private dwellings, would unquestionably
be maintained by the courts as a reasonable discrim-
ination. The effect of these more stringent require-
ments in increasing the cost of construction may,
however, so discourage the construction of buildings
of this kind as to practically stop their erection.
NOTE 2: A great- advantage of this scheme of clas-
sification is that it removes any stigma that may
seem to attach to the word "tenement house." Be-
cause of the prevailing conception of such buildings,
resulting from the use of the term in its popular
rather than its legal meaning, there is often great
objection on the part of owners and occupants of
high-class apartment houses or costly mansions to
have to comply with the terms of a "tenement house
law"; when there would be little or no objection to
compliance with a "housing law" which affects all
buildings used for residence purposes.
NOTE 3: The word "alone" in (a) and (b) while
seemingly unnecessary is essential. It will not do
to let a small boarding house "occupied by but one
family" — and several non-related individuals, as
boarders — be classed as a private dwelling and thus
escape the provisions of the act relative to multiple
dwellings.
NOTE 4: The two-family dwelling which it is sought
to encourage is the type of house with one family
upstairs and one family downstairs, with separate
entrances and hallways, it is in reality a two-story
Hat; but, without the disadvantage of common halt
3 33
A MODEL HOUSING LAW § 2 (3)
ways and other public parts of the building used in
common that usually pertains to the flat. In dif-
ferent parts of the country nomenclature differs. In
some sections such a house is known as a "double
house" while in other sections the double house is two
semi-detached private dwellings with a common roof
and a party-wall between them. It has been found
necessary to make this plain in the definition beyond
any peradventure of doubt.
NOTE 5: A favorite way of "beating the law" in
some states and cities is to erect a three story tene-
ment with a store on the ground floor and two families
above. By calling it a two-family dwelling it escapes
the requirements of the act relative to multiple
dwellings. After the building is erected, partitions
are put up back of the store and the store-keeper's
family moves into the rooms thus created. This pro-
vision will make such evasion impossible.
NOTE 6: It. should be observed that no kind of
dwelling can escape regulation under the act. For
every dwelling that is not either a private dwelling
(a) or a two-family dwelling' (b) becomes under the
act a multiple dwelling. Multiple dwellings are "all
others."
§ 2 (3) CLASSES OF MULTIPLE-DWELLINGS. 1 All mul-
tiple-dwellings are dwellings2 and for the purposes of this
act are divided into two classes, viz. Class A and Class B:
Class A. Multiple-dwellings of Class A are dwellings
which are occupied more or less permanently for residence
purposes by several families and in which the rooms are
occupied in apartments, suites or groups. This class in-
cludes tenement houses,3 flats, apartment houses, apart-
ment hotels, bachelor apartments, studio apartments,
duplex apartments, kitchenette apartments, and all other
dwellings similarly occupied whether specifically enumer-
ated herein or not.4
Class B. Multiple-dwellings of Class B are dwellings
which are occupied, as a rule transiently, as the more or
less temporary abiding place of individuals who are lodged,
with or without meals, and in which as a rule the rooms
are occupied singly. This class includes hotels, lodging
34
§ 2 (3) GENERAL PROVISIONS
houses, boarding houses, furnished-room houses, lodgings,
club houses, convents,5 asylums, hospitals, jails, and all
other dwellings similarly occupied whether specifically
enumerated herein or not.
NOTE i : Multiple dwellings are divided into two Explana-
broad classes; those which are used by families or tion
groups of persons permanently as their home or place
of residence, and those which are used more or less
transiently by single individuals. The first class in-
cludes tenement houses, flats, apartment houses and
similar types of buildings; the second class includes
hotels, lodging houses, boarding houses and similar
buildings. Some provisions of the act apply to one
of these classes, other provisions to the other, while
many provisions apply to both. Such differentiation
is obviously necessary. To illustrate: in a tenement
house it is appropriate to require each fire-escape bal-
cony or other means of egress to open directly from
each apartment, suite, or group of rooms; in the
case of a hotel such a provision would be " impossible."
NOTE 2: While it is repetition to say "all multiple
dwellings are dwellings" inasmuch as a multiple
dwelling has been defined in Subdivision (2) (c) as "a
dwelling," still it is wise to repeat it here so that there
can be no question in the minds of the enforcing officials
or of the courts that multiple dwellings must comply
with the provisions of the act relative to dwellings.
NOTE 3: It is to be noted that the enumeration
of the various kinds of multiple dwellings in Class A
and Class B is in no way essential to the definition.
The definition is complete without it. It is included
solely to guide the enforcing officials and to illustrate
to them and to the public what is meant. This enu-
meration will also aid those who draft the law by en-
abling them to consider whether each provision that
applies to dwellings and to multiple dwellings can
be properly applied to each of the kinds of buildings
herein mentioned.
NOTE 4: The phrase "and all other dwellings simi-
larly occupied whether specifically enumerated herein
or not," is essential. All enumerations in statutes
are dangerous unless safeguarded in this way by some
general "drag-net" clause, as it may easily happen
that there are other kinds of multiple dwellings than
35
A MODEL HOUSING LAW § 2 (4)
those stated which may have been forgotten at the
time of drawing the act, to say nothing of those which
may come into existence subsequently.
NOTE 5 : Formidable opposition to the whole Hous-
ing Law some times develops in the legislature because
of the inclusion of these classes of buildings, viz.,
"convents, asylums, hospitals and jails" within the
terms of the law. In such cases it is wise policy to
omit specific mention of them. Such a change will
in no way affect the operation of the law, for they
will all be included under it, "whether specifically
enumerated herein or not."
NOTE 6: This distinction may give some persons
much concern especially with reference to "border-
line" types such as apartment hotels, for example.
This anxiety is generally quickly dispelled when it is
pointed out that there are few provisions of the law
which are different in their requirements for multiple
dwellings of Class A and Class B. For quick conve-
nience and ready reference so as to enable persons
adopting the law to carefully weigh this consideration,
the sections in which the provisions for the two classes
differ in any respect are as follows: Sections 33, 46,
47, 48, 51, 59, 62, 85, 93, 98, 105 and 109.
§2 (4) HOTEL. A "hotel," for purposes of this act
only, is a multiple-dwelling of Class B in which persons
are lodged for hire and in which there are more than one
hundred sleeping rooms, a public dining room for the
accommodation of at least one hundred guests, and a
general kitchen.
Explana- NOTE: This definition is made necessary by the
tjon fact that "hotels" may be exempted from certain
provisions of the act. (See Sections 21 and 71 .) The
exemptions in question are advisable, if at all, only
in the case of the tall modern hotel with accommoda-
tions for many guests, generally several hundred. It
is to prevent these exemptions from applying to other
kinds of buildings that this definition becomes neces-
sary. Without it, the exemptions would apply to
any building known as a hotel under any law, or even
to a building popularly so known; now they will ap-
ply only to such buildings as are covered by this defi-
nition.
36
§ 2 (5), (6) GENERAL PROVISIONS
§ 2 (5) MIXED OCCUPANCY. In cases of mixed oc-
cupancy where a building is occupied in part as a dwelling
the part so occupied shall be deemed a dwelling for the
purposes of this act and shall comply with the provisions
thereof relative to dwellings.
NOTE: Without this provision, we might have the Explana-
anomalous situation of an office building or public tion
school building being brought under the require-
ments of the act because the janitor and his family
live there, and thus the building is "occupied * *
in part as the home * * * * of one or more
human beings/' It is obvious that the provisions of
this law which relate to dwellings should not apply to
a building occupied chiefly as an office building, or
public school, but should apply only to the parts of
such buildings which are used for dwelling purposes.
§ 2 (6) YARDS. A "rear yard" is an open unoccupied
space on the same lot1 with a dwelling, between the ex-
treme rear line of the lot and the extreme rear line of the
house.2 A yard between the front line of the house and
the front line of the lot is a "front yard/'3 A yard be-
tween the side line of the house and the side line of the
lot and which extends from the front line or front yard
to the rear line of the lot or to the rear yard is a "side
yard/'4 The length of a side yard is measured from the
front wall of the dwelling to the rear wall of such dwelling,
and not to the rear lot line.
NOTE i : The words "on the same lot" are impor- Explana-
tant. In many communities it has become the cus- tion
torn to build buildings close to the side and rear lot
lines, sometimes on the line, having the rooms on that
side or end of the house secure their sole light and ven-
tilation from windows opening on the adjoining prem-
ises which have been left unbuilt upon at these points.
This is not safe. When the adjoining premises are
later built upon, as they are sure to be ultimately,
the light and air are then shut off, with the result that
a number of dark or semi-dark rooms are created..
It is impossible then to remedy the conditions ade-
quately. The evils of "borrowed light" are too great
37
A MODEL HOUSING LAW
§2(6)
to be safely permitted. Nor is it fair to permit one
man to use another man's land for such purposes.
The only safe and proper way is to require each person
to leave proper open spaces on his own lot for the ade-
quate lighting and ventilation of his own building.
NOTE 2: The phrase "between the extreme rear
line of the lot and the extreme rear line of the house"
is necessary for two reasons. One of these is the con-
siderable number of irregular-shaped lots with rear
boundary lines running at an angle as shown in
Figure i.
Without this phrase, the plan of leaving a clear
open space at the rear of each building of a certain
minimum size would be defeated. Let us assume,
YARP
FIGURE i
for instance, that the yard required to be left by law
is 30 feet; if this phrase were not included, the
yard could be left as shown in the right-hand dia-
gram, instead of the full amount intended, as illus-
trated by the left-hand diagram. It is at once seen
that in the first instance a very inadequate yard
might result; namely, a yard only 3 feet deep at one
point and but 17 feet deep at another and of varying
depths between, instead of 30 feet deep at every
point.
Similarly, without the phrase in question the law
could be easily evaded in the case of lots of varying
depth as shown in Figure 2.
What the law intends to require, namely, a clear
38
2(6)
GENERAL PROVISIONS
space of 30 feet at every point, is shown by the left-
hand diagram ; what could be done, if no specific pro-
vision made it impossible, is illustrated by the right-
hand diagram. It is at once seen that it would be
possible to have no yard at all for one-half of the
building with the house at that point built all the
way up to the lot line, thus creating dark rooms and
defeating one of the primary purposes of the act.
The dotted lines show what should be left.
The second class of cases which makes the phrase
under discussion of importance is where the building
instead of the lot, is of irregular depth, owing to the
construction of extensions or the use of courts as
shown on page 40 (Figures 3 and 4).
R FAR LOT LINE
REAR Lor LINE
YARD
II
REAR. LOT LINE.
FIGURE 2
Here the law intends that the measurement of the
rear yard shall be as shown in the left-hand diagram.
Without the phrase "the extreme rear line of the
house/' it would be possible to build as shown in the
right-hand diagram, thus defeating the primary pur-
pose of this provision; namely, the leaving of an ade-
quate open space at the rear.
Similarly, where courts are employed at the rear of
the building there is equal opportunity for misunder-
standing and evasion, as shown in Figure 4.
Here again what the law intends is shown in the
left-hand diagram; what would be possible in evading
the law, were not this point safeguarded, is shown by
39
A MODEL HOUSING LAW
§2(6)
the right-hand one. This whole question assumes im-
portance in connection with Sections 22, 23, 31 and 72.
NOTE 3: It is necessary to define front yards, as
otherwise they would under the definition of "courts"
FIGURE 3
be treated as such and be subject to the requirements
relative thereto. This would bring about the ab-
surd situation that a man who wished to set back his
house from the street line and leave a large front
LOT LINE
FIGURE 4
yard, voluntarily leaving more open space than the
law requires, could not under some circumstances do
so without being unduly penalized. (See Section 26.)
40
§ 2 (7) GENERAL PROVISIONS
NOTE 4: "Side yards" which extend through from
the street to the yard, if of sufficient width, are an ex-
cellent feature and should be encouraged as a much
better kind of open space than courts. If they do-
not extend through, however, their especial value is
lost and they become courts and should be treated
as such and be required to be of greater width.
§2 (7) CouRTs.2 A "court" is an open unoccupied
space, other than a yard, on the same lot1 with a dwelling.
A court not extending to the street or front yard or rear
yard is an inner court.3 A court extending to the street or
front yard or rear yard is an outer court.
NOTE i : The comments under Note i on Yards, Explana-
Section 2 (6) apply equally here. tion
NOTE 2 : The scheme of the law contemplates only
two kinds of open spaces; namely, yards and courts.
Yards may be rear yards, side yards or front yards,
as above defined. All other open spaces are " courts. "
Shafts (small enclosed courts) are ruled out. The
term is one whose use should be discouraged. Courts
are essentially of two kinds; namely, inner and outer.
In the former the open space is enclosed by walls on
all four sides (in some cases on three sides with the
lot line acting as the fourth, but ultimately to be
enclosed); in these courts all the light must come
in over the top of the walls at the roof, and all the air
in the same way unless other means of circulation is
provided. Outer courts have always one end or side
left open; namely, that adjacent to the rear yard,
street or front yard, and are never enclosed on more
than three sides (sometimes only on two sides, with
the lot line acting as the. third side). The light and
air can therefore stream in through the open side.
NOTE 3 : A lot line court of the type shown in the
right hand diagram of Figure 5 on page 42 but open-
ing on one side into a side yard is essentially an inner
court and should be so treated. In measuring its
width, however, it is only reasonable to count that
portion of the side yard which extends for the length
of the court as part of the court's effective width.
It of course needs no intake as the side yard acts in
that capacity. The following sketches show the main
types of inner and outer courts. (Figures 5, 6 and 7.)
A MODEL HOUSING LAW
§2(7)
YARD
AT REAR
FIGURE 5
INNER COURTS
OUTER.
FIGURE 6
OUTER COURTS BETWEEN WINGS
0
DC
-I
c6
Born FRONT S £ew?
FIGURE 7
OUTER COURTS ON THE LOT LINE
42
YARD
§ 2 (8), (9) GENERAL PROVISIONS
§2(8) CORNER AND INTERIOR LOTS. A "corner lot" is a
lot of which at least two adjacent sides abut for their full
length upon a street. A lot other than a corner lot is an
"interior" lot.
NOTE: As buildings on corner lots secure much Explana-
more liberal treatment in the percentage of lot which tion
may be occupied and also may have smaller yards
than those on interior lots, this definition is necessary.
Interior lots are "all others." In some cities a third
type is recognized, namely, "through lots," or those
that extend through from one street to a parallel
street. These are purposely not included here, as
this type of construction is one that should not be per-
mitted. It is not necessary in any city except in the
closely built up business districts where it is considered
desirable to utilize every inch of space, and where
frequently it becomes necessary to have a large amount
of continuous unbroken floor space. In residence
districts these conditions do not exist. This method
of building should be strongly discouraged even for
business buildings, as it destroys any plan for block
ventilation and violates some of the most elementary
principles of intelligent city planning.
It should be noted that under the provisions of §2
(21) a public alley 16 feet wide or more is treated as a
street. That means that a lot of which one side abuts
the street and an adjacent side abuts such an alley
would be treated as a corner lot and would be given
the privileges which pertain to such lots. It should
have these.
§ 2 (9) FRONT; REAR; AND DEPTH1 OF LOT. The
front of a lot is that boundary line which borders on the
street. In the case of a corner lot the owner may elect by
statement on his plans either street boundary line as the
front.2 The rear3 of a lot is the side opposite to the front.
In the case of a triangular or gore lot the rear is the boun-
dary line not bordering on a street. The depth of a lot is
the dimension measured from the front of the lot to the
extreme rear line of the lot. In the case of irregular-
shaped lots the mean depth shall be taken.
43
Explana-
tion
A MODEL HOUSING LAW
§2(9)
NOTE i : This definition would be unnecessary
were it not for the triangular-shaped lots which border
on three streets-, in relation to which the question of
where the yard is to be left becomes a doubtful one.
Some ingenious architects and owners have sought
to induce the public officials in such cases to rule that
one of the streets is the "yard/' thus permitting more
of the lot to be occupied. To prevent this evasion
of the law this definition is necessary. The following
diagram illustrates the point at issue.
7/
STREET
FIGURE 8
NOTE 2: It is wise to be liberal in the case of a
corner lot and leave the owner free to place his en-
trance on either street frontage which may best suit
his purpose, instead of attempting, as is done in some
building codes, to lay down the hard and fast rule
that the narrower frontage shall always be the front.
There is nothing to be gained by this and it might
work hardship in some cases. It should be noted
that the entrance is not necessarily on the front;
it may be on the side. This is important, as there
are often local neighborhood reasons for having the
entrance on one street rather than another.
NOTE 3: In cases where the end of the building
faces the street, doubt has arisen as to where the yard
should be left. The definition clarifies this point.
(See Figure 9.)
The front .is at A, the rear at B. It has been claimed
that the front is at C, and the rear at D because the en-
trance to the house is at C, and that the yard should be
44
§2 (10), (I I)
GENERAL PROVISIONS
left along the line D D. Such a construction is absurd
and would be prohibitive. The definition makes such an
interpretation impossible.
fcETAR.
FRONT
FIGURE 9
§ 2 (10) PUBLIC HALL. A "public hall" is a hall, cor-
ridor or passageway not within the exclusive control of
one family.
NOTE: It should be noted that under this definition Explana-
there are no "public halls" in a private dwelling, and
that therefore the requirements of the act relative
to public halls will not apply to such houses. This
will also be the case in the usual type of two-family
house, where separate hallways and entrances are pro-
vided for each family.
§2 (n) STAIR HALL. A "stair hall" is a public hall
and includes the stairs, stair landings, and those portions
of the building through which it is necessary to pass in
going between the entrance floor and the roof.
NOTE: It should be noted that a stair hall is by this
definition specifically declared to be a public hall, and
therefore is subject to the requirements of the act
relative to public halls.
45
A MODEL HOUSING LAW §2 (\2), (13)
§2(12) WINDOWS. Windows required by this act may be
either double hung, pivoted, hinged or casement sash. All
the provisions of this act relative to the size and opening of
windows shall apply equally to storm sash if used.
§2 (13) BASEMENT;1 CELLAR; ATTIC, (a) A " base-
ment" is a story partly underground but having at least
one-half of its height above the curb level, and also one-
half of its height above the highest level of the adjoining
ground.2 A basement shall be counted as a story.3
(b) A "cellar" is a story having more than one-half of
its height below the curb level, or below the highest level
of the adjoining ground.2 A cellar shall not be counted
as a story for purposes of height measurement.3 If any
part of a story is in that part the equivalent of a basement
or cellar, the provisions of this act relative to basements
and cellars shall apply to such part4 of said story.
(c) Any part story, whether basement, cellar or attic,6
if occupied in whole or in part for living purposes shall be
counted as a full story. Where, however, a dwelling is
situated on a side hill and the conditions of grade are such
that what would naturally be a cellar becomes a basement
under this definition, such a basement shall not be counted
as a story provided it is not occupied for living purposes;
but only one such basement shall be thus exempt.
Explana- NOTE i : There is much misunderstanding in the
popular mind as to basements and cellars with a
strong tendency to lump all underground rooms to-
gether in one objectionable class. This is neither
fair nor wise. The two are quite different. Many
basement rooms are fit for habitation; few cellar
ones are. It should be borne in mind that a basement
is a story which is in even the slightest degree below the
ground. Some basements have their floors but a. step
or two below the sidewalk and are practically the
equivalent of first floor rooms; to prohibit the oc-
cupancy of such rooms would obviously be unreason-
able. Wherever the line is drawn it necessarily is a
more or less arbitrary one, and a good case can be
made out, at least on paper, against the "unreason-
§2(13) GENERAL PROVISIONS
ableness" of a requirement which permits the oc-
cupancy of a room whose ceiling is 4 feet 6 inches
above ground, and forbids the use of an identical
room whose ceiling is but 4 feet 5 inches above it.
This argument applies to all cases where definite fixed
standards are established; the man who falls just one
side or the other will seem to be discriminated against.
But these are chiefly arguments of the "enemy" for
the purpose of discrediting the law. There are no
real obstacles involved. As such standards apply to
future construction it is quite easy for the individual
to adapt himself to them without loss or hardship.
The standard here established of half the height of the
room above ground is the standard which has been in
use for fifty years past. As it has proved satisfactory
in that time and given no trouble it is continued.
NOTE 2: The most difficult question involved in
the definition of basement and cellar is its adaptation
to the varying conditions which exist in hilly com-
munities. Here one may have a story that is a cellar
in the front of the building, and a basement, or en-
tirely above ground, at the rear, and vice versa. In
such cases it would be unfair to prohibit the occupancy
of rooms at the rear which are entirely above ground
and meet all the requirements of the law in other re-
spects. On the other hand, it is not wise to permit
a builder to have his buildings one story higher in the
rear than in the front through the simple expedient
of excavating his land at the back part of his lot and
carrying his yards and courts down, thus putting
a whole story of his building below ground and be-
low the level of neighboring property. (See Figure
10.) There is no city where underground living is
a necessity. It is obviously undesirable. The defi-
nitions have been framed with the most minute care
with these considerations in mind. It should be noted
that in the case of basements a double condition is
imposed (and similarly with cellars); namely, the
ceiling must be one-half of its height above both the
curb in front of the building and also above the highest
level of the adjoining ground. This takes care of the
conditions above described and illustrated in Figures
10 and ii. These show "sections through" — not
plans.
Figure 10 illustrates the case where the land is
47
A MODEL HOUSING LAW
§2(13)
higher in the front than at the rear, either naturally
so, or because the rear is excavated. The rear rooms
in this cellar are entirely above ground and are fit for
occupancy. The front ones are not. Figure 1 1 illus-
trates the opposite case where the land is higher
WM.K
CELLAR.
FIGURE 10
at the rear than at the front. Here the basement is
fit for occupancy in the front part but not in the rear.
If it were not for the double condition imposed by
the definition requiring the height to be not only above
the curb level but also above the highest level of the
adjoining ground, it would be possible to have these
objectionable rooms occupied in each case.
WALK
BASEMENT
6bcK 5- EARTH
FIGURE u
NOTE 3: "A basement shall be counted as a story,
a cellar shall not be so counted." This at first sight
seems unfair. Upon reflection it is found essential,
as otherwise the plan for restricting the height of non-
fire-resistive buildings to three stories could be easily
evaded. Thus a man could build a three story and
"basement" building, making the "basement" floor a
§2 (14) GENERAL PROVISIONS
few inches below the entrance level; by this means he
could get four full stories thus defeating the purpose
of the act to keep non-fi re-resistive houses down to three
stories. (See Section 52.)
NOTE 4: The considerations which have been set
forth so fully in Note 2 indicate the necessity of treat-
ing the different parts of a cellar or basement, or even
of an upper story, separately, where there are vary-
ing conditions of grade. (See Figures 10 and n.)
Each portion should be treated on its merits.
NOTE 5: The above questions are important in
connection with Sections 26, 3 1 , 42, 43, 52, and 94.
NOTE 6: Attics present some difficulties. Where
they are built there is danger that at some future time
they will be lived in, and they are as a rule not fit for
living purposes, especially in multiple dwellings. It
would be simpler to rule them out but this is not prac-
ticable. People do not want all houses to be flat-
roofed houses, and in private dwellings and two-
family houses the peaked roof is the rule rather than
the exception. Also there is a desire and need for the
storage space thus afforded. There is, however, no
such necessity for attics in multiple dwellings; the
arrangement of the building changes that. This sub-
ject is important in connection with Sections 22, 23,
24, 25 and 52.
§2 (14) HEIGHT. The "height" of a dwelling is the
perpendicular distance measured in a straight line from
the curb level to the highest point of the roof beams in the
case of flat roofs, and to the average of the height of the
gable in the case of pitched roofs, the measurements in all
cases to be.taken through the centre of the front of the
house. Where a dwelling is situated on a terrace above
the curb level such height shall be measured from the level
of the adjoining ground. Where a dwelling is on a corner
lot and there is more than one grade or level, the measure-
ments shall be taken through the centre of the front on the
street having the lowest elevation.
NOTE: Where there are two grades, pressure will be Explana-
brought to bear to have the measurements of height tion
taken from the higher level rather than the lower, thus
4 49
A MODEL HOUSING LAW
2 05), 06)
Explana-
tion
Explana-
tion
permitting a higher building. In some cases, depend-
ing on the steepness of the grade, this might result in
non-fire-resistive buildings three stories high at one
point and four or five stories high throughout most of
the building, thus defeating the purpose of the law
to keep non-fire-resist ive buildings down to three
stories. (See Section 52.)
§2 (15) CURB LEVEL. The "curb level" is the level
of the established curb in front of the building measured
at the centre of such front. Where no curb has been es-
tablished the city engineer, or other officer performing such
functions, shall establish such curb level or its equivalent
for the purposes of this act.
NOTE: It will not do to let each irresponsible
builder or owner fix the curb at such point as will best
suit his purposes; this should be done by some re-
sponsible public official. As the curb level is thus
fixed only "for the purposes of this act," to enable
the enforcing official to determine measurement of
height and the conditions of occupancy of basement
rooms, the health officer is the best person to designate
for this purpose. Such a provision is invariably not
understood by members of the legislature and is often
pointed to by those opposed to such legislation as
evidence of the "impractical" nature of the measure.
It is better not to furnish any ammunition to the
enemy, and therefore leave this to be determined by
the city engineer.
§2 (16) OCCUPIED SPACES. Outside stairways, fire-
escapes, fire towers, porches,1 platforms, balconies, boiler
flues, cornices,2 eaves, and other projections shall be con-
sidered as part of the dwelling and not as part of the yards
or courts or unoccupied area.
NOTE i : It is hardly debatable that the minimum
open spaces left unbuilt upon for light and air should
be left entirely unoccupied. A court or yard filled up
with fire-escapes will prove of little value for light and
ventilation. Some difficulties will be encountered,
however, in the case of porches. In the smaller cities
the back porch as well as the front porch is an insti-
50
§2 (1 7) GENERAL PROVISIONS
S
tution, and even the side porch in the case of the de-
tached house is much desired, especially in "double-
houses. " In such cases it is wise to permit these, but
safeguarded as indicated in Concession i . Add at the
end of the first sentence after "unoccupied area" the
following:
CONCESSION i: "This provision shall not apply to un- Concession
enclosed outside porches not exceeding one story in height
which do not extend into the front or rear yard a greater
distance than TEN feet from the front or rear wall of the
dwelling; nor to one such porch which does not extend
into the side yard a greater distance than SIX feet from
the side wall of the dwelling nor exceed TWELVE feet
in its other horizontal dimension/'
NOTE 2: Cornices are also troublesome. Where Explana-
the house has a peaked roof there is sure to be an tion
overhanging cornice. This will do little harm at the
front or rear but if not safeguarded will do great harm
in completely shutting light and air out of the side
yard. It is not uncommon to see two overhanging
cornices of adjoining houses meeting over the side
yards completely closing them in at the top and effec-
tually shutting out a large part of the light. The
limit of projection established in Concession 2 is the
absolute limit. Add at the end of the section the fol-
lowing:
CONCESSION 2: "When cornices or eaves project into Concession
an outer court or into a side yard for a distance of more
than EIGHTEEN inches, that portion in excess of EIGH-
TEEN inches shall be considered as part of the dwelling.
Cornices or eaves which project into an inner court to any
extent shall be considered as part of the dwelling/'
§2 (17) FIRE-RESISTIVE DWELLING. 1 A "fire-resistive
dwelling" is one the walls of which are constructed of
brick, stone, cement, iron or other hard incombustible
material and in which there are no wood beams or lintels
and in which the floors, roofs, stair halls and public halls
are built entirely of brick, stone, cement, iron, or other
A MODEL HOUSING LAW §2 (l8)
hard incombustible material, and in which no woodwork2
or other inflammable material is used in any of the parti-
tions, furrings or ceilings. But this definition shall not be
construed as prohibiting, elsewhere than in the public halls,
the use of wooden floor3 sleepers, grounds, bucks, and nail-
ing blocks when entirely embedded in incombustible mate-
rial; nor of wooden finish flooring, and interior doors and
windows, with their frames, trim and casings; nor of
wooden interior finish when backed solidly with fire-
resistive material; nor of wooden wainscoting up to a
height of three feet from the floor. Wooden ceilings shall
not be constructed.
Explana- NOTE i : This defines a type of building known until
recently as a" fireproof" building. In recent years the
best authorities on Fire Prevention, notably the Na-
tional Fire Protection Association and the National
Board of Fire Underwriters have sought to get away
from this misleading term; for, they have been quick
to admit that there is no such thing as a "fireproof"
building. The best any one can hope for is a "fire-
resistive" one. The definition follows closely the de-
finition of the National Board of Fire Underwriters in
their "Recommended Building Code."
NOTE 2: This definition does not correspond to
what may be termed the extra-fi re-resistive building,
in which it is required that all doors, windows, win-
dow frames, and trim shall be of metal and the use of
wood anywhere is prohibited. Heretofore this extra-
fi re-resistive construction has not been thought nec-
essary except in the case of buildings exceeding 150
feet in height. As this law does not contemplate the
erection of any building over 100 feet in height, the
matter of extra safeguards may safely be left to the
local building code.
NOTE 3: Under this definition it should be noted
that in " fire-resistive dwellings " ordinary wooden floors
may be used as a carpet or finish on top of a struc-
tural floor of strictly fire-resistive material; but not in
the public halls, which include the stair halls.
§2 (18) WOODEN BUILDING. x A "wooden building" is"
a building of which the exterior walls or a portion thereof
52
§ 2 (19), (2O) GENERAL PROVISIONS
are of wood. Court walls are exterior walls. A building
with wooden framework veneered with brick, stone, terra
cotta or concrete, or covered with plaster, stucco or sheet
metal is a wooden building for purposes of this act.
NOTE: This definition practically coincides with Explana-
the definition in the " Recommended Building Code" tion
of the National Board of Fire Underwriters.
§2 (19) NUISANCE. The word "nuisance" shall be
held to embrace public nuisance as known at common law
or in equity jurisprudence; and whatever is dangerous to
human life or detrimental to health; whatever dwelling
is overcrowded with occupants or is not provided with ade-
quate ingress and egress to or from the same, or is not suf-
ficiently supported, ventilated, sewered, drained, cleaned
or lighted, in reference to its intended or actual use; and
whatever renders the air or human food or drink unwhole-
some, are also severally, in contemplation of this act,
nuisances; and all such nuisances are hereby declared il-
legal.
NOTE : The common law right of every community Explana-
to abate nuisances exists from time immemorial. The
broadening of the definition as herein indicated,
therefore, greatly increases the powers of the local
officials and may prove a very valuable weapon if
other powers granted under this act should be lost
through the successful action of hostile interests.
(See Sections 112, 113.)
§ 2 (20) CONSTRUCTION OF CERTAIN WORDS. l The word
"shall"2 is always mandatory and not directory, and de-
notes that the dwelling shall be maintained3 in all respects
according to the mandate as long as it continues to be a
dwelling. Wherever the words "charter," "ordinances,"
"regulations," "inspector of buildings," "health depart-
ment," "board of health," "health officer," "department
charged with the enforcement of this act," "commissioner
of public safety," "corporation counsel," "mayor," "city
treasury," or "fire limits" occur in this act they shall be
53
A MODEL HOUSING LAW § 2 (20)
construed as if followed by the words "of the city, town
or village in which the dwelling is situated/'4 Wherever
the word "city" occurs in this act it shall be construed as
if followed by the words " town or village/' " Inspector of
buildings"5 means that public official charged with the
enforcement of the laws in relation to the construction of
buildings. Wherever the words "occupied" or "used"6
are employed in this act such words shall be construed as if
followed by the words "or is intended, arranged, designed,
built, altered, converted to, rented, leased, let or hired
out, to be occupied or used." Wherever the words "dwell-
ing," "two-family-dwelling," "multiple-dwelling," "build-
ing," "house," "premises," or "lot" are used in this act,
they shall be construed as if followed by the words "or
any part thereof."7 Wherever the words "city water"8
are used in this act, they shall be construed as meaning any
public supply of water through street mains. Wherever
the words "public sewer" are used in this act they shall
be construed as meaning any part of a system of sewers
that is used by the public, whether or not such part was
constructed at the public expense. "Approved fire-
resistive material" means as set forth by ordinances, or if
not so determined, as approved by the inspector of build-
ings. The term "fire-resistive"9 applies to materials and
construction which will satisfactorily resist fire in accord-
ance with the specifications established by the United
States Bureau of Standards of the federal government and
by the Joint Conference on Fire Tests.
Explana- NOTE i : The purpose of this section is to simplify
the language of the act wherever possible and avoid
the necessity of constantly repeating a mass of verbi-
age in order to insure precision and prevent evasion
of the law. What is done here enables us to "clear
the decks" generally.
NOTE 2: In some cases the word "shall" has been
held by the courts to mean "may." The effect of
such a construction is to make vitally important sec-
tions of the law which should be mandatory and
should be enforced in all cases, enforcible only in the
discretion of the enforcing officials. This defeats the
54
§ 2 (20)
GENERAL PROVISIONS
purposes of the act and encourages graft and favor-
itism. For further discussion of the abuse of dis-
cretionary power see "Housing Reform /'pages 90-94.*
NOTE 3: The phrase "the dwelling shall be main-
tained in all respects according to the mandate as
long as it continues to be a dwelling" has the effect
of preventing the subsequent alteration of the build-
ing otherwise than in accordance with the law.
NOTE 4: If the application of the act is limited to
one city, this sentence should be omitted.
NOTE 5: In some cities there is no inspector of
buildings. In such cases it is therefore necessary to
provide for this contingency by permitting the mayor
to designate the fire marshal, or fire chief, or police chief
or some other appropriate person. Add after "the con-
struction of buildings" the following:
VARIATION: " Where there is no such official, the mayor Variation
shall designate someone so to act for the purposes of this
act."
NOTE 6: This is vitally important; without it the Explana-
whole law can be made of no avail. In the case of
new buildings, an architect or builder could refuse to
comply with the law on the ground that his building
was not occupied by three families — being occupied
by no one, not yet being built, and therefore did not
come under the definition of a multiple dwelling.
This is not a fanciful view, though it may seem so;
there have been cities where this has been done and
where friendly public officials have acquiesced in
such an interpretation. The phrase "or is intended,
arranged, designed, built, altered, converted" covers
this loophole.
Similarly in some cities where occupancy by three
families constitutes a building a tenement house,
owners have adopted the device of temporarily put-
ting out one family and then claiming that the build-
ing is not a tenement house as it is then occupied by
only two families. This has been successful even
where the building is a three-story one with three
separate apartments in it and clearly arranged for
occupancy by three separate families. The phrase
* Housing Reform. By Lawrence Veiller. Russell Sage Foundation
Publication. New York, 1910.
55
tion
A MODEL HOUSING LAW § 2 (2 I )
"arranged, built, altered, converted to, rented, leased,
let or hired out to be occupied" covers this loophole.
NOTE 7: Without this provision the law could be
easily evaded. All that an owner would need to do
to escape compliance with the law would be to have
his building an "office" building, or "loft," or some
other type of building and use part of it as a dwelling
or multiple dwelling.
NOTE 8: This is necessary; for, in some com-
munities not only is water supplied to- the whole
town by private contract but even a system of sewage
disposal is thus installed and maintained. Such a
system for purposes of this act is the equivalent of a
system of public sewers and communal water supply.
NOTE 9: This definition is the definition adopted by
the National Fire Protection Association on the recom-
mendation of its Committee on Nomenclature. It
is based on the conclusions and deliberations of a
joint conference of the following technical societies
interested in the subject: National Fire Protection
Association, American Society for Testing Materials,
U. S. Bureau of Standards, National Board of Fire
Underwriters, Underwriters' Laboratories, Associated
Factory Mutual Fire Insurance Companies, American
Institute of Architects, American Concrete Institute,
American Society of Mechanical Engineers, American
Society of Civil Engineers, Canadian Society of Civil
Engineers. The "specifications" referred to are in
official use in the control of fire tests at the Under-
writers' Laboratories and by the U. S. Bureau of
Standards. The specifications deal with the following
subjects: Control of Fire Tests, the Time Temper-
ature Control Curve, Determination of Temperatures,
Test Structures, Test Sample, Fire Test, Fire Stream
Test, Application of Water, etc. For further details of
these specifications see pamphlet issued by National
Fire Protection Association, 87 Milk Street, Boston,
October 1918, entitled "Consolidated and Revised
Reports of the Committee on Fire-resistive Construc-
tion for the years 1913-1918, inclusive."
§2 (21) STREET. Wherever the word "street" is used
in this act it shall be construed as including any public
alley SIXTEEN feet or more in width. Where a street
immediately abuts and approximately parallels a public
§ 3 GENERAL PROVISIONS
park, public place, railroad right of way, aqueduct, river or
lake, ravine or similar formation assuring a permanent
open space, the street, for purposes of this act, shall be
deemed to include such above-named open spaces. Where
such open space immediately abuts the rear of a lot so as
to afford an open space the equivalent of a street or alley
it shall be treated as a street or alley.
NOTE: In cities where there are alleys it is neces- Explana-
sary to treat the larger ones that are public thorough- tion
fares as streets. What the dividing line between
street and alley is it is hard to say, but width and pub-
lic ownership rather than private ownership are two
determining factors at least. By means of this
clause it is made impossible to erect tall dwellings on
narrow alleys, as they must be treated as streets and
the height of the building limited to the width of the
alley. (See Section 2 1 .) This clause also has an im-
portant bearing on Sections 28, 31, 37, 38, 48, 71 and
1 20. Without it, it would not be lawful to use an alley
1 6 feet wide as a means of light and ventilation. It is
obvious that this should be permitted. It should be
noted that only a public alley is to be deemed a street,
that is, one of which the city owns the fee; this is
eminently fair, as private alleys can be closed or aban-
doned and thus lose their value as a permanent source
of light and ventilation. The determination of how
narrow an alley should be recognized as a lawful
source of light and ventilation will necessarily vary
in each city, depending on the custom or prevailing
width in that city. The standard in the law should
harmonize with the prevailing local conditions so
far as practicable.
§ 3. BUILDINGS CONVERTED OR ALTERED.1 A building
not a dwelling if hereafter converted or altered to such use
shall thereupon become subject to all the provisions of this
act relative to dwellings hereafter erected. A dwelling
of one class if hereafter altered or converted to another
class shall thereupon become subject to all the provisions
of this act relative to such class.2 The lawful taking in of
roomers, boarders or lodgers into a private dwelling or two-
family dwelling as authorized by section one hundred and
57
A MODEL HOUSING LAW § 3
eleven shall not of itself be deemed to change the class of
such dwelling to that of a multiple-dwelling, unless the
health officer shall so decide.
NOTE 1 1 Without this provision the law can be
. . 111 • 11 i'ii.
completely evaded by erecting all new buildings in
the guise of "alterations" to existing buildings. In a
well-known Eastern city a few years ago when there
was a somewhat drastic tenement house law on the
statute books affecting only new construction, it
happened that for a period of several years few new
houses were built. Upon inquiry it developed that
all building operations were "alterations/' Plans
would be filed for the "alteration" of an existing
building; one portion of the building would be left
standing while the new work was going on in another
portion, and then the remaining portion would be
torn down and the new work extended there until a
completely new building was erected, without com-
pliance with the law, as the law did not apply to
alterations.
Irrespective of these considerations, it is obvious
that it would be both unfair and unwise to permit
the alteration of existing buildings to a changed use
without enforcing compliance with the terms of the
act applicable to new buildings, as the effect of such a
policy would necessarily be to prevent the construc-
tion of new houses, thus perpetuating the evils of the
older buildings and indefinitely extending their lease
of life.
NOTE 2: In recent years with the serious house
shortage that has developed throughout the country
because of the almost complete cessation of building
activities during the War, and the subsequent high
cost of building due to high prices, strong pressure
has been brought in several cities to permit the use of
old private dwellings for multiple dwellings of various
kinds without complying with the provisions of law
which the Model Law requires to be observed in the
erection of new multiple dwellings.
Notwithstanding the clamor of private interests
that will arise — for, every owner of an old dwelling
will naturally be desirous of finding a profitable use
for property that has ceased to be profitable and will
be urgent in demanding that the housing shortage be
58
§ 3 GENERAL PROVISIONS
met and that people without homes shall be housed —
notwithstanding this, housing reformers should oppose
to the limit any proposal to thus prolong the life of
old buildings not suited for the use to which it is
proposed to put them.
From time immemorial, as every report on housing
conditions in America will bear out, the worst condi-
tions are invariably found in this type of building,
viz., the converted dwelling. If it is desired to create
and perpetuate slums this is the way to do it, by
legalizing the improper use of buildings that are un-
sanitary and a menace to both the health and safety
of the occupants.
There is of course no objection to altering an old
dwelling into a tenement house, provided the neces-
sary sanitary and safety precautions are observed,
just as would be done in the case of .a new dwelling
now being erected and as this section of the law re-
quires. But what the owners of old dwellings want is
permission to use these buildings without observing
such precautions. If the old buildings have dark in-
terior rooms in them — breeders of tuberculosis though
they are — it will be found that the owners want to
be permitted to use them; if the houses are fire-traps
with inflammable wooden stairs and dangerous hall
partitions — conditions dangerous enough for one
family but unspeakably hazardous for three families —
nevertheless, it will be found that the owners will still
want permission to use the houses just as they are.
Such things should not be permitted. No considera-
tion of expediency nor insistence of private interests
should be allowed to prevail over the clearly recog-
nized necessity of protecting the health and safety of
the community.
An additional reason against permitting such use
of old buildings is the effect that such unfair compe-
tition will have on the production of new dwellings.
Few new dwellings will be built so long as there are
old buildings that can be turned to such use at almost
no expense. No new dwelling that has to comply
with all the provisions of a housing law can compete
economically with an old building that has to comply
with no provision of law. It is an unfair competition.
It should not be tolerated. Builders and building
material interests should be quick to oppose it.
59
A MODEL HOUSING LAW § 4
§ 4. ALTERATIONS AND CHANGE IN OCCUPANCY. 1 No
dwelling hereafter erected shall at any time be altered so
as to be in violation of any provision of this act. And no
dwelling erected prior to the passage of this act shall at
any time be altered so as to be in violation of those pro-
visions of this act applicable to such dwelling. If any
dwelling or any part thereof is occupied by more families
than provided in this act, or is erected, altered or occupied
contrary to law,2 such dwelling shall be deemed an un-
lawful structure, and the health officer may cause such
dwelling to be vacated. And such dwelling shall not again
be occupied until it or its occupation, as the case may be,
has been made to conform to the law.
Explana- NOTE i-: This section should be read with care.
It distinguishes between two kinds of dwellings;
namely, those erected under the terms of the act, and
those erected before its passage. It is obvious that
it should not be possible to erect a new dwelling in
compliance with the act and then a few years later
alter it contrary to its requirements. If this were
possible the law would not be worth much. In the
case of dwellings erected before its passage, on the
other hand, it would be unreasonable to forbid
the alteration of such a building unless it complied
with the requirements applicable to new ones. The
effect of such a requirement would be to stop all im-
provement to the older buildings. What this sec-
tion does is to prohibit the alteration of such a build-
ing so as to be at variance with the provisions rela-
tive to such buildings only and not to new buildings;
namely, Articles III, IV and V. To illustrate, an
existing dwelling built some years prior to the pas-
sage of the law might occupy 80 per cent of the lot,
and it might be desired to alter this building in
the interior, rearranging partitions, throwing several
small dark rooms into one large lighter room, and
thus greatly improving the conditions, but not ex-
tending the building, nor increasing the percentage
of the lot occupied. Such an improvement should of
course be permitted, but would not be possible if the
law prohibited the alteration of an existing building
except in conformity with the provisions of the act
60
§ 5 GENERAL PROVISIONS
relative to new dwellings, as is required in some care-
lessly drawn building codes. On the other hand, it
should not be possible to create new dark rooms in
an old building, where none were before. Both thes
points are safeguarded in this section.
NOTE 2: The special proviso as to change in occu-
pancy is necessary because of the fact that the use and
character of a building may be completely changed
without any structural alteration whatever, merely
by changed occupancy; without such a provision
some courts have had a tendency to construe the law
narrowly and hold that change in use is not altera-
tion.
§ 5. DWELLINGS MOVED. 1 If any dwelling be* hereafter
moved from one lot to another it shall thereupon be made
to conform to all the provisions of this act relative to
dwellings hereafter erected. Except that in cases where
such dwelling fails to so conform in some few technical2
respects, the health officer may in his discretion2 grant a
permit for the moving of such dwelling; provided, how-
ever, in his opinion the spirit of the law will be observed
and no condition injurious to health or safety will result
therefrom. In all such cases he shall file among the pub-
lic records of his department a statement in writing duly
signed by him, setting forth in detail the respects in which
such dwelling fails to conform to the law and his reasons
for granting such permit.
NOTE i : An ingenious way of beating the law has Explana-
been employed in some cities by moving an old build-
ing from one location to a lot that was before vacant,
thus putting a new building where no building was
before; as such building was not one "hereafter
erected or altered," the law did not apply. This
section prevents this method of evasion.
NOTE 2: It has been found in practice that in some
cases considerable hardship results where the law re-
quires a dwelling moved from one lot to another to
be treated as a new building. Such dwellings may
contain rooms that are a few inches less in area or in
height than the minimum requirements for new dwell-
ings. Obviously, they cannot be altered to conform
61
A MODEL HOUSING LAW §§ 6, 7
to the law except at prohibitive cost. It is therefore
necessary to vest the enforcing officials with some de-
gree of discretion in such cases, while at the same
time safeguarding against the abuse of it. The friends
of the law will need to be on their guard; if they are
not careful, strong pressure will be brought to extend
this use of discretionary power to other features of
the law, with very serious consequences to the integ-
rity of the whole law. For discussion of the abuse of
discretionary power see " Housing Reform/' pages 90-
94.*
§ 6. DWELLINGS DAMAGED. If a dwelling be damaged
by fire or other cause to the extent of not more than ON E
HALF of 'its original value, exclusive of the value of the
foundations, such dwelling in being repaired or rebuilt
need not comply with the provisions of this act relative
to dwellings hereafter erected, but shall comply with the
provisions of the laws or ordinances in force prior to the
passage of this act. If damaged to the extent of more
than ONE HALF of such value, it shall not be repaired
or rebuilt except in conformity with the provisions of this
act relative to dwellings hereafter erected.
Explana- NOTE: In some communities considerable objection
tion has been made even to this very liberal provision;
strong individualists believing that if a man's house
burns down he ought to be allowed to "restore" it
exactly as it was. Where it is a slight fire he cer-
tainly ought to be able to restore it to its previous
condition. But where the building is destroyed or
approximately so, he ought not be allowed to perpet-
uate an outlawed type of construction, and foist upon
the community an objectionable type of house and
thus enjoy an unfair advantage over his competitors
who would not be allowed to build such a house, if
building anew. If strong opposition to this provision
develops, it is suggested that the words ONE HALF
be changed to TWO THIRDS.
§7. MINIMUM REQUIREMENTS;* LAW NOT TO BE MODI-
FIED. The provisions of this act shall be held to be the
*Housing Reform. By Lawrence Veiller, Russell Sage Foundation,
New York, 1910.
62
§ 7 GENERAL PROVISIONS
minimum requirements adopted for the protection of the
health, welfare and safety of the community.3 The local
legislative body of each city is hereby empowered to
enact from time to time supplementary ordinances im-
posing requirements higher2 than the minimum require-
ments laid down in this act, relative to light, ventilation,
sanitation, fire prevention, egress, occupancy, mainte-
nance and use, for all dwellings. And such local legislative
body is hereby further empowered to prescribe for the
enforcement of the aforesaid supplementary ordinances
remedies4 and penalties similar to those prescribed in this
act. But no ordinance, regulation, ruling or decision of
any municipal body, board, officer or authority shall
repeal, amend, modify or dispense with any of the said
minimum requirements6 laid down in this act.5 Wherever
this act requires a greater width or size of yards or courts,
or requires a lower height of building, or requires a greater
percentage of lot to be left unoccupied, or imposes any
other higher standard than is required in any local ordi-
nance or regulation, the provisions of this act shall govern.
Wherever the provisions of any local ordinance or regula-
tion require a greater width or size of yards or courts, or
require a lower height of building, or require a greater
percentage of lot to be left unoccupied, or impose any
other higher standard than is required in this act, such
local ordinance or regulation shall govern.
NOTE i: This "Home Rule" provision of the act Explana-
is a vitally important one in its different bearings, tion
In the first place, it effectively silences opposition to
the act raised by special interests who are adversely
affected by its provisions and who, as an effective
means of choking off all legislation, seek to raise the
"Home Rule issue"; namely, objection to the pas-
sage of a statute on this subject as distinguished from
a local ordinance.* No one is able to advance any
argument against the propriety of the state's embody-
ing in the fundamental law the minimum require-
* For discussion of the advantages of a state law as against a local
ordinance, see Housing Reform, pp. 151-153.
63
A MODEL HOUSING LAW § J
ments necessary for the protection of the "health,
welfare and safety of the community," especially
when at the same time a liberal grant of power is
given to each community to enact supplementary
ordinances on this subject.
NOTE 2 : The method herein employed also becomes
at times the only practical way of harmonizing the
conflicting standards of different cities in the same
state where a provision of law that is acceptable to
one city is felt to be too drastic by another city in
which certain evils have become more firmly in-
trenched or where land values are higher or pressure
of population greater. Standards can accordingly
be set at a level that will satisfy all concerned and
the cities which wish higher standards are free to
adopt them by means of local ordinances.
NOTE 3: The declaration of the fundamental pur-
poses of the act as an exercise of the police power of
the state, embodied in the first sentence of this sec-
tion, should prove helpful in litigation in the event of
the constitutionality of the act being challenged.
NOTE 4: It is necessary to grant specifically to the
local authorities the right to prescribe certain penal-
ties and remedies for the enforcement of the supple-
mentary ordinances, otherwise these ordinances may
not be effective. A board of aldermen has not ipso
facto the right to provide for injunction proceedings,
proceedings in rem, and so forth. Unless otherwise
provided by statute, a violation of a corporation or-
dinance is liable to be a "violation of an ordinance"
and no more, punishable only by a small fine.
NOTE 5 : The most important part of this section,
in fact of the whole act, is found in this sentence,*
which seeks to prevent the misuse of discretionary
power. There is little use in working out with
minute care the standards to be observed to secure
adequate light and ventilation, proper sanitation or
safety in case of fire, if some local official has the
power at any time to set aside or modify at his pleas-
ure these essential requirements. In many cities
boards of appeal exist in connection with the depart-
ment of buildings, who exercise the power to modify
and set aside the law in particular cases. Under the
terms of this section no one, neither board nor official,
will have such power so far as this law is concerned.
§ § 8, 9 GENERAL PROVISIONS
This is as it should be. Under no other method can
we have proper law enforcement. Every citizen
has a right to know that he is being treated on the
same basis as everyone else and that no one can re-
ceive special privileges, and especially to know clearly
what the law is and what can be done and what can-
not be done.* If the law is wrong the thing to do is
to amend it, whether it be a statute or an ordinance;
not give to some administrative officer the power
to set the law aside. Such a scheme undermines the
basic principles upon which the government of this
country rests. It will not do in this instance any
more than it will in others to confuse the legislative,
judicial and administrative functions. The laws
should be made by the legislature, not by the inspec-
tor of buildings.
NOTE 6: It should be noted that the power given
to the local authorities is to impose higher or stricter
standards, and that they are expressly prohibited
from lowering the standards embodied in the act.
If such an attempt is made, as it is likely to be, such
an ordinance in the face of this provision would be
null and void.
§ 8. DWELLING CONSTRUCTION. Except as herein other-
wise specified, every dwelling shall be constructed and
maintained in conformity with the existing laws and
ordinances.
NOTE: This provision is necessary, otherwise it may ^Xpiana-
be claimed by shrewd attorneys that the passage of
this act has repealed all existing laws and ordinances
having to do with dwellings, such as a local building
code, for example. All that is desired is to have this
statute supersede any laws that may be in conflict
with it. Most of the provisions of a local building
code having to do with strength and quality of mate-
rials should, of course, be retained.
§ 9. SEWER CONNECTIONS AND WATER SUPPLY. l The
provisions of this act with reference to sewer connections
and water supply shall be deemed to apply only where con-
* For discussion of the abuse of discretionary power, see Housing
Reform, pp. 90—94.
5 65
A MODEL HOUSING LAW § 9
nection with a public sewer or with city water mains is or
becomes reasonably accessible, and such connection shall
be deemed to be reasonably accessible when such public
sewer or city water mains are within a distance of one hun-
dred feet of any outside line of the lot upon which the
dwelling may be situated. Wherever there is no public
sewer reasonably accessible, but there is city water,2 the
required plumbing for the dwelling shall be connected to a
cesspool, septic tank or other means of sewage disposal
approved by the board of health, provided that the nature
of the soil is such in the opinion of the board of health that
such device can properly take care of the sewage from said
plumbing system. Where it is found by the said board of
health to be impracticable, owing to the nature of the soil
adjacent to said dwelling to construct such a device, a
water-proof and fly-proof privy vault or other approved
sanitary privy or similar device may be used temporarily3
for such dwelling until such time as a public sewer is pro-
vided reasonably accessible to such dwelling. Whenever
a public sewer is so provided the owner of the dwelling
shall at once connect the plumbing system of the dwelling
with such sewer.
Explana- NOTE i : It is, of course, impracticable to require
tjon running water where there is no city water, or to
require the installation of water-closets where there
is no public water supply. There are, however, cases
where, while there is no sewer in the street in front of
the house, it is possible to connect to a public sewer
not far distant by means of a private sewer.
NOTE 2: It sometimes happens that there is a city
water supply before a system of public sewers is in-
stalled. Under such circumstances there is no reason
why the people should not have water-closets and bath
tubs. With a proper system of cesspools or septic
tanks as temporary expedients until public sewers are
installed, the dangerous and malodorous privy vault
need not be tolerated, thus doing away with the dan-
ger of fly-borne disease.
NOTE 3 : At the time a house is built there may be
no sewer adjacent to which connection can be made
66
§§ 10, II GENERAL PROVISIONS
and therefore a privy must be tolerated. A year later
a sewer is extended to that neighborhood. The
health officer should be free under these circumstances
to order the privy removed, modern conveniences in-
stalled, and the house connected to the street sewer.
NOTE 4: The importance of this section is to be ob-
served in connection with Sections 46, 47, 48, 49, 93,
98, 99, 100 and 124.
§ 10. STATE BOARD OF HEALTH. The state board of
health shall have power to examine into the enforcement
of this act in each city. Whenever required by the gov-
ernor it shall make such an examination and shall report
the results thereof to the governor within the time pre-
scribed by him.
NOTE: This is a wholesome check on local boards of Explana-
health and may prove to be useful where it is difficult tion
to secure proper law enforcement. It is a power to
hold in reserve and use only as a last resort.
§ n. TIME FOR COMPLIANCE. All improvements spe-
cifically required by Article V of this act upon dwellings
erected prior to the date of its passage shall be made with-
in ONE YEAR1 from said date, or at such earlier2 period
as may be fixed by the health officer.
NOTE i : It is but reasonable to allow a year's time Explana-
to owners of the older houses to make those improve- tion
ments in their buildings which are required as a mat-
ter of compulsion by the act (Article V), as some of
these involve considerable expense.
NOTE 2: It should be noted that the health officials
are given power, however, to deal with exceptional
cases immediately and to require the improvements
in such cases at an earlier time. Thus in the case of a
leaky and defective privy vault which required im-
mediate attention, it would be possible to demand
the prompt removal of the vault and the substitution
of modern sanitary conveniences, instead of patching
up the vault and then a year later removing it.
67
A MODEL HOUSING LAW § 12
§ 12. APPLICATION. All the provisions of this act shall
apply to all classes of dwellings, except that in sections
where specific reference is made to one or more specific
classes of dwellings such provisions shall apply only to
those specific classes to which such reference is made. All
provisions which relate to dwellings shall apply to all
classes of dwellings.
68
ARTICLE II
DWELLINGS HEREAFTER ERECTED2
In this article will be found the provisions which must
be observed when a person proposes to build a new dwell-
ing or to convert or alter to such purposes a building which
is not a dwelling.1
NOTE i : The descriptive note which follows the Explana-
caption of each Article is explanatory, and has little tion
legal significance. It is, however, very useful to the
layman who has to use the law and if it has to be
omitted in the statute because of local legislative
rules it should be included in the edition of the law
subsequently printed by the city authorities for the
use of the public.
NOTE 2: While each Article accurately states the
extent of its application, namely, whether it applies
solely to New Dwellings, to the Alteration of Dwellings,
to Maintenance, or to the Improvement of Existing
Dwellings, it is not safe to rely on these captions,
owing to changes that may take place in the structure
of the act through subsequent amendments. The
only safe course is to have each section stand on its
own bottom. Therefore, in every section which re-
lates to new dwellings, the phrase "dwelling hereafter
erected" is always repeated in each case; similar
procedure is followed in the other Articles of the act.
NOTE 3: Following the custom in many states,
gaps are purposely left in the numbering of the sec-
tions so as to provide for new sections which later it
may be found necessary to enact, thus preserving
the continuity of the numbering. Under this system
Article I ends with Section 12, and Article II begins
with Section 20. Article 1 1 ends with Section 62, and
Article 1 1 1 begins with Section 70, and so on.
§ 20 LIGHT AND VENTILATION
TITLE 1
LIGHT AND VENTILATION*
§ 20. PERCENTAGE OF LOT OCCUPIED. *• 2« 3 No dwelling
hereafter erected shall occupy, either alone or with other
buildings, a greater percentage of the area of the lot than
as follows:
(a) In the case of corner4 lots with streets on three
sides, not counting an alley as a street, not more than
NINETY8 per centum;
(b) In the case of other corner lots, not more than
EIGHTY-FIVE8 per centum;
(c) In the case of interior lots which do not exceed sixty
feet in depth, not more than SEVENTY8 per centum;
(d) In the case of interior lots which exceed sixty feet
in depth and do not exceed one hundred and five feet in
depth, not more than SIXTY-FIVE8 per centum;
(e) In the case of interior lots which exceed one hundred
and five feet in depth3 and do not exceed one hundred and
fifty-five feet in depth, not more than FIFTY-FIVE8 per
centum;
(f) In the case of interior lots which exceed one hun-
dred and fifty-five feet in depth and do not exceed two
hundred and five feet in depth, not more than FIFTY8
per centum ;
(g) In the case of interior lots which exceed two hun-
dred and five feet in depth, not more than FORTY8 per
centum.
The measurements shall be taken at the ground level.7
No measurements of lot area shall include any portion
of any street or alley.5 Any portion of a corner lot distant
more than SEVENTY feet from the corner line, measured
* The standards set forth in this title for light should be materially
increased in cities where smoke nuisance exists.
71
A MODEL HOUSING LAW § 2O
along the front line of the lot, shall be treated as an interior
lot.6
Explana- NOTE i: Although the public has become accus-
tomed to thinking in terms of percentage of lot oc-
cupied, the limitation of lot area is of little practical
value as a means of insuring adequate light and ven-
tilation to all parts of a building. Many tenement
houses have been erected in the past which have oc-
cupied but 50 per cent of the lot, but half the rooms
in them have been totally dark and without ventila-
tion, being either windowless rooms or opening on so
small an air shaft as to secure neither light nor air.
On the other hand, tenements covering 70 per cent
of the lot have been erected and have had all their
rooms well lighted and ventilated. The only way
to secure adequate light and ventilation is to require
every room, hall, bathroom, water-closet or other
important part of the building to have windows of a
certain size opening directly on an open space of suf-
ficient size; either the street, the yard or a court.
When this has been properly done, everything has
been done that is necessary to insure adequate light
and ventilation. No limitation on the amount of
lot that may be occupied will do more.
NOTE 2: How little bearing the limitation of per-
centage of lot occupied has on the question of ade-
quate light and ventilation is at once seen when one
reflects that the percentage requirements in all such
laws stay fixed at a definite amount and do not in-
crease with the increased height of the building; thus,
the percentage of lot that may be lawfully occupied
in the case of a ten-story building is the same as laid
down for a two-story building!
NOTE 3: Why then have any limitation on the
amount of lot that may legally be occupied? it may
be asked. There is one strong reason remaining for
the retention of it. It is an effective means of pre-
venting congestion or land overcrowding. In the
case of deep lots it is* the only thing which prevents
the building of houses way back on the lot. The
deeper the building the more rooms there will be in it,
and in the case of multiple dwellings the more people
there will be living on that amount of land. The way
to prevent too many people living on a given amount
of land, therefore, is to make difficult the building of
72
§ 2O LIGHT AND VENTILATION
deep houses and tall buildings. These are the two
factors.
NOTE 4: The plan followed here is to retain the
percentage limitation solely for its value in prevent-
ing land overcrowding. This section therefore dis-
tinguishes in the first place between corner lots and
interior lots, where the conditions are of course rad-
ically different, corner lots having light and air from
the street on several sides of the lot. It then differ-
entiates between the two kinds of corner lots, those
with streets on two sides, and those with streets on
three sides, imposing less restriction in the latter case
than in the former. In the case of interior lots, the
short lot is given more liberal treatment than the deep
lot, and where lots exceed respectively 100 feet, 150
feet, and 200 feet in depth (105 feet is made the stand-
ard to be on the safe side and not cause hardship where
lots are a few inches over 100 feet) to impose stricter
conditions and prevent building to the extreme rear
part of the lot.
NOTE 5 : Streets and alleys are not part of the lot
and should not be included in figuring percentage
that may be occupied.
NOTE 6: .Where does a corner lot end and an in-
terior lot begin? is a question that has sometimes
given trouble. This is of importance only in con-
nection with this section and with §§22 and 23, relative
to yards. As corner lots have greater privileges in
these two respects than interior lots, unless some
limit on their extent is imposed they might stretch
almost indefinitely from one street to the next street,
a distance sometimes of 400 feet, in order to secure
the benefits to be obtained. The effect of this would
be to defeat the purposes of the stricter requirements
as to interior lots. To prevent this the arbitrary
standard of 70 feet from the corner is imposed ; beyond
this point the rest of the lot is to be treated as an in-
terior lot, both as to depth of yard and percentage
that may be occupied. This is more liberal treatment
than is usually accorded, as many cities require this
at 25 feet from the corner, but it is wise liberality.
The following diagram (Figure 12) illustrates the
point involved.
The sketch shows a block front from street to street
with a corner lot, 100 feet front and 100 feet deep.
73
A MODEL HOUSING LAW
§20
At the point A, 70 feet from the corner, the remainder
of the lot becomes an interior lot. From that point on
the yard has to be 25 feet deep instead of but 1 5 feet,
and but 65 per cent of the lot can be occupied in that
portion (the shaded portion) instead of 85 per cent.
The importance of this requirement is at once seen.
^
70 rr
100 nr
STRLEET
FIGURE 12
NOTE 7: The desirable condition is to have all open
spaces — yards and courts — remain unbuilt upon all
the way down to the ground. It is therefore provided
that the measurements shall be taken at the ground
level. But it is not always practicable to carry this
point. In the case of hotels and apartment houses,
especially the former, it is usually desired to utilize
more space on the ground floor, and sometimes on the
two or three lower floors, for public rooms — dining
rooms, lobbies, lounging rooms, writing rooms, re-
ception rooms, ball rooms, assembly rooms, etc. In
such cases it is necessary to permit courts and yards
and other open spaces to start at the top of the en-
trance story and sometimes two or three stories up.
Little harm is done by this, provided all living rooms
open on the proper open spaces, especially as the pub-
lic rooms above mentioned will invariably in such
buildings be ventilated by some system of forced ven-
tilation and be lighted by electric light.
In a similar way in business districts it will be de-
sired to have shops or stores on the ground floor of
many flats and tenement houses. In such cases it is
necessary to cover over much more of the land on the
74
§21 LIGHT AND VENTILATION
ground floor, and in order to get a store of sufficient
depth, the court, or part of it, will have to be occupied
on the entrance story. Especially on corner lots
where every foot of street frontage has a high value
will the privilege of covering over the yard at the first
story be desired. To meet these viewpoints, the fol-
lowing concessions can be made. Change the sen-
tence " The measurements shall be taken at the ground
level" to read as follows:
CONCESSION i: "The measurements shall be taken at Concession
the ground level, except that in the case of hotels as defined
in paragraph four of section two of this act, the measure-
ments may be taken at the floor level of the lowest bed-
room story; and in the case of other multiple-dwellings
where there are stores or shops on the entrance story, the
measurements may be taken at the top of such entrance
story."
NOTE 8: This whole section, in view of the con- Explana-
siderations expressed in Notes i, 2 and 3 is an excel- ^on
lent one to make concessions on, especially as the in-
terests affected will think in terms of percentage of
lot occupied and will rate the law as drastic or not
drastic largely on this section. If concessions need
to be made, the following may be made with safety.
Make the following changes in the featured stand-
ards of this section:
CONCESSION 2: (a) Change NINETY to 95 Concession
(b) Change EIGHTY-FIVE to 90
(c) Change SEVENTY .1075
(d) Change SIXTY-FIVE to 70
(e) Change FIFTY-FIVE to 60
(f) Change FIFTY 1055
(g) Change FORTY 1045
§ 21. HEIGHT.1 No dwelling hereafter erected shall ex-
ceed in height the width of the widest street upon which
it abuts nor in any case shall it exceed EIGHTY feet2 in
height. Such width of street shall be measured from
front lot line to opposite front lot line.3 The provisions
75
A MODEL HOUSING LAW § 21
of this section shall not apply to hotels4 as defined in para-
graph four of section two.
. NOTE i : There is no city excepting New York in
which this limit of height will prove a hardship so far
as dwellings are concerned, with the exception pos-
sibly of hotels. This is the best way to limit the
height of buildings. We are on safe ground here and
such regulation will unquestionably be sustained by
the courts, whereas a flat limit of so many feet might
not be sustained. Limiting the height of buildings
to the size of the open space on which they abut, in
accordance with a scientific principle, is unquestion-
ably a reasonable exercise of the police power. It can
be demonstrated by inspection of existing buildings
of any city that this represents the minimum stand-
ard which will insure sufficient light and ventilation
to the building- itself and to neighboring buildings.
NOTE 2: The flat limitation of 80 feet, irrespective
of the width of the street, is important so as to safe-
guard conditions in cases where there are very broad
streets, avenues, or boulevards from 150 to 200 feet
wide. It is neither necessary nor desirable to permit
dwellings to be built as high as this in any city. The
standard of 80 feet which is fixed, is fixed to suit
conditions where land values are at their highest. A
more stringent requirement making the minimum
height 60 feet would be nearer the ideal.
NOTE 3: It is necessary to specify that the width
of the street shall be measured from front lot line to
front lot line. In cities where there is no "official"
building line, the first thing to do is to get a building
line established.
NOTE 4: It is a nice question whether in the case of
the high-class modern hotel provided with the com-
forts and luxuries which people nowadays demand,
high buildings are not inherently a necessity. Such
buildings cannot pay unless a sufficient number of
guests are accommodated. To accommodate these
the building must go up into the air; otherwise it
would have to extend over so much ground as to be
prohibitive in some cities because of the cost of the
land, and in all cases it would make too great a dis-
tance for guests to travel horizontally inside the build-
ing in order to get to the dining rooms and other pub-
§21 LIGHT AND VENTILATION
lie rooms. For these reasons, hotels as defined in this
act should be exempted from this provision and the
limitations on their height left to be dealt with in a
general Zoning Act applicable to all buildings.
NOTE 5: In many cities the practice prevails of
voluntarily setting back the house a considerable dis-
tance from the front lot line in order to secure a large
front yard with lawn and driveway. Some archi-
tects believe that allowance should be made for such
set-backs and that these should be added to the width
of the street in calculating the limit of height. This
is not, however, desirable nor is it necessary. There
are practically no cities in the United States, outside
of some of the large Eastern cities like New York and
Boston, where the restriction as to limit of height
proportionate to the width of the street as embodied
in this section will present any difficulties.
The reason why set-backs of this kind should not be
allowed to count as effective street width is because
there is no way of insuring their continuity. One man
may set his house back 25 feet, but the man next door,
to him may build his house right out to the property *
line. Under such conditions there is not a continuous
open space of the proper size to insure adequate sun-
light. Where streets are very narrow as in some parts
of Boston for example, it may be necessary to build
buildings higher than the width of the street by secur-
ing as a "near-equivalent" for the proper width, addi-
tional open space by setting back the front of the
building. If it is desired to permit this, add at the
end, just before "The provisions of this section shall
not apply to hotels as defined in paragraph four of
section two/' the following:
CONCESSION: "Where a street is less than thirty feet Concession
in width, the width may be counted as twice the distance
from the front wall of the proposed dwelling to the centre
of the street/'
NOTE 6: In some cities where the intensive use of
land is increasing, effort has been made to exempt
from the provisions of this section apartment houses
of a modern type, a few architects and investors wish-
ing to- build in these cities sky-scraper apartment
houses similar to those of New York. In some cases
77
A MODEL HOUSING LAW '§21
strong pressure will be exerted to exempt such build-
ings from the provisions of this section. It will be
urged, for example, that the question of height limi-
tation should be left to Zoning laws and it may be
suggested that an amendment be offered to this sec-
tion to the effect that this limitation shall apply
"except where otherwise regulated by a Zoning law."
While this suggestion has much plausibility and while
for many reasons it is proper to determine height
limitation by a Zoning law, the fact remains that
there is an absolute maximum limit of height to which
apartment houses may be built and a housing law is
the proper place for the setting of such limits. There
is practically no city in the United States other than
New York City where it is either desirable or neces-
sary to permit the building of apartment houses of
the sky-scraper type, namely 150 feet high, such as
have been built in New York (but built even in that
city of high land values and congestion only to a very
limited extent). It will be argued by architects and
others seeking such privileges that if hotels in which
many people sleep are permitted to go to a height of
150 feet, it is equally appropriate to permit apartment
houses to go to that height; and it will be further
pointed out that many apartment houses are really
hotels, especially in cases where apartment hotels are
contemplated and that it seems unreasonable and
unfair to permit a hotel where people have only one
or two rooms to go to a height of 1 50 feet and to for-
bid it where people have a suite of six or seven rooms.
These are plausible arguments but are not sound. In
the first place, it is against public policy and against
the interest of a given community to encourage build-
ings of excessive height. The experience of New York
and other cities has proved this for all time. (See
Report of Heights of Buildings Commission of the
City of New York, 1913.)
In addition to the general undesirability of encour-
aging the sky-scraper apartment house there are
definite affirmative reasons which make such build-
ings absolutely impossible in cities other than New
York. The chief reason is. the fire hazard. Irrespec-
tive of the provision that may be made for ample
open spaces, and the relation of the height of such
buildings to the width of street on which it is located,
§21 LIGHT AND VENTILATION
the fire hazard alone is sufficient to warrant the pro-
hibition of such buildings and it is this reason which
clearly differentiates a building of this kind from a
hotel. In a sky-scraper apartment house there are
many apartments each one of which is occupied with
an individual family with servants and with individual
kitchens. If there, are 30 families in a building, and
there may easily be more, there are 30 individual
sources of fire. In a hotel there is one common kitchen
under close supervision. Moreover, in apartment
houses there are generally children and it is a
well accepted fact that many fires start from children
playing with matches. This is an additional risk.
In addition, a modern hotel is under very close super-
vision at all hours of the day and night, and night
watchmen are making their rounds in most hotels on
the lookout for any possible source of fire or other
danger. No such service is known in connection with
an apartment house. A further and clinching argu-
ment against permitting apartment houses to be built
to so great a height, lies in the inability of the fire
departments of practically every city in America,
excepting New York, to fight a fire in a building of
such height. "The fire department cannot fight a
fire from the outside more than 85 to 100 feet above
the ground. Above that they must rely on the stand-
pipes in the building. If the stand-pipe does not
work or if the fire is so near the stand-pipe as to ren-
der its use impossible, the fire department becomes
helpless" (see Report of Heights of Buildings Commis-
sion of the City of New York, 1913). In New York
City apartment houses are allowed to go to a height
of 1 50 feet on certain streets and in certain sections
of the city because of the fact that there exists in
that city what is known as a high pressure fire ser-
vice. This service consists of specially installed water
mains connected with pumping stations strategically
located in different parts of the city and in which
high pressure pumps are operating so that a stream
of water can be sent to a very great height, as much
as 300 feet or even more. There are no other cities
in the United States where such service exists and for
this reason alone if for no other, apartment houses
should not be permitted to be built to a height greater
than 100 feet in any city other than New York. The
79
A MODEL HOUSING LAW §21
report of the Heights of Buildings Commission of
the City of New York previously referred to has this
to say on the subject of high buildings:
"The fact remains, however, that tall buildings are
not necessarily safe. The rooms are often filled with
highly inflammable material. Unless doors are closed,
fire may easily spread to other rooms. The draft up
the chimney-like elevator wells may pull the flames
across the corridor and the flames, fed by the grease
on the elevator guides, may be carried to the upper
floors/'
NOTE 7: One of the cogent reasons for general
limitation of the height of buildings in any city is
the effect such buildings have on neighboring prop-
erty. Too little attention has been given to this
phase of the subject heretofore in this country. Eng-
land with its law of "Ancient Lights" by which no
building is permitted to be erected that obstructs the
light of another building deals with it most effectively.
That is why the sky-scraper is almost unknown in
that country.
Recent studies of the shadows cast by sky-scrapers
made by Herbert S. Swan and George W. Tuttle* are
most illuminating on this point.
"The street plan and the building plan have been
so poorly coordinated in Manhattan, for instance,
that it is safe to say that a preponderating majority
of the rooms in the existing shops, factories, offices
and apartments of the borough receive no direct sun-
shine on the shortest day in the year.
"This is no less true of the residential sections than
of the business sections. But the situation in the
downtown financial district illustrates this condition
most dramatically. There the shadows of different
sky-scrapers, at noon on December 21, envelop large
areas. The Adams Express Building, which is 424
feet high, casts a shadow 875 feet in length; the
Equitable Building, which is 493 feet high, one 1,018
feet in length; the Singer Tower, which is 546 feet
high, one 1,127 feet in length; and the Woolworth
Tower, which is 791 feet high, one 1,635 feet in length.
"The effect of sky-scrapers casting shadows from a
sixth to a third of a mile in length on surrounding
property is well illustrated in the case of the Equi-
* Planning Sunlight Cities — American City Pamphlets No. 167.
80
§21 LIGHT AND VENTILATION
table Building. Its shadow, which at noon on the
shortest day in the year is about one-fifth of a mile
in length, completely envelops an area of 7.59 acres.
The ground area of the Equitable Building is only
1.14 acres.
"The shadow cuts off all sunshine from the Broad-
way facade of the United States Realty Building,
which is twenty-one stones high. The New York
Title & Mortgage Company Building, fourteen stories
high, and the Washington Life Insurance Building,
nineteen stories high, are both completely shaded.
The south side of the Singer Tower is shaded to a
height of twenty-seven stories. The nearest part
of the City Investing Building, 400 feet away, is in
shadow for twenty-four of its twenty-six stories.
Even part of the New York Telephone Building north
of Cortlandt Street is shadowed by the Equitable
Building. For almost a fifth of a mile this giant sky-
scraper casts its shadow.
" Cedar Street, the street immediately north of the
Equitable Building, has an average width of 34 feet
between Broadway and Nassau Street. The height
of the Equitable Building is 14^ times the width of
this street. On a north-and-south street of this width
in New York, uniformly improved on both sides with
buildings having a height equal to that of the Equi-
table Building, only 9.3 1 per cent of the windows would
receive any direct sunshine at noon on the shortest
day in the year. On such streets only the windows
nearest the top for a distance equal to 1.35 times the
width of the street would receive direct sunshine at
noon on December 21 at New York (taking 40° north
as the latitude), assuming the windows to be set in
walls 14 inches thick. The windows in the thirty-
four stories nearest the ground would receive abso-
lutely no direct sunlight. Direct sunshine would only
enter those windows in the four stories nearest the
top. Not a single window within 447 feet of the
street level would receive a ray of direct sunshine!"
"In the winter season no sunlight can, of course,
be obtained on the south side of an east-and-west
street. No adjustment in the height of buildings or
in the street width can sunlight rooms having a north-
erly exposure. The remedy in such a case would be
6 81
A MODEL HOUSING LAW § 22
to require the rooms to have windows exposed toward
one of the other three points of the compass. This
can readily be done in detached houses, but it is very
difficult in attached houses. This condition suggests
the advisability of reserving east-and-west streets for
detached houses. North-and-south streets, on the
other hand, may be developed with either attached or
detached houses."
"The volume of sunshine received in rooms is of
just as much importance as the sunshine period. A
room, for instance, may enjoy direct sunshine for a
considerable period and yet have a comparatively
small portion of its cubic contents acted upon by
direct rays from the sun."
. . . . " Thus a window the top of which is situ-
ated near the ceiling permits a deeper penetration of
the sun rays into a room than one the top of which is
placed some distance below the ceiling. The sunshine
volume in rooms with windows opening to either the
east or the west may be considerably increased by
having the windows located as near as possible to the
south wall of the room. Windows opening to the
south should be placed as near the middle of the front
wall of the room as practicable." ....
. . . "Uniform building lines are highly desir-
able both in front and in rear. They not only con-
serve the supply of sunlight, but they also economize
space. Buildings 'pocketed' at either end between
deeper buildings receive much less sunlight than those
conforming to a common building line, unless they are
equipped with a side yard of sufficient width on the
south to insure their own sunlight. The provision of
such a side yard is usually so expensive a proceeding
that it can be afforded only in private home dis-
tricts." . . .
. . . "Inner courts should not be used at
all." ....
§22. FRONT AND REAR YARDS. 1 A front yard may be
any depth.2 Immediately behind every dwelling hereafter
erected there shall be a rear yard extending across the
entire width of the lot.3 Such yard shall be at every point
open and unobstructed from the ground to the sky,4 and
shall be of the depths prescribed in the next section. Every
82
§ 22 LIGHT AND VENTILATION
part of such yard shall be directly accessible from every
other part thereof.5 The depth of said yard shall be meas-
ured at right angles from the extreme rear part of the.
dwelling6
(a) to the middle line of the alley,7 where a public alley
immediately abuts the lot and extends across its entire
width ;
(b) to the rear lot line where there is no such alley;
(c) to the nearest wall of the building where there is
another building at the rear as permitted in section twenty-
nine.
In the case of corner lots abutting on three streets, not
counting the alley as a street, the rear yard need not
extend across the full width of the lot, but only to its
median line.8 Any portion of a corner lot distant more
than seventy feet from the corner line, measured along
the front line of the lot, shall be treated as an interior
lot.9 The provisions of this section shall not apply to
hotels as defined in paragraph four of section two.10
NOTE i : No subject in the entire law is of more im- ^XDlana
portance than provision for a proper open space at
the rear of the dwelling. . This assumes especial im-
portance in view of what has been said as to the lack
of value of regulating open spaces through limiting
the percentage of lot occupied, discussed under Sec-
tion 20. To be logical we should require as large an
open space in the rear of the dwelling as there is in
front; in other words, if it is necessary to make the
street 60 feet wide where the buildings on each side
of it are to be not over three stories in height, it is ob-
vious that it is necessary to leave a similar space be-
tween dwellings at the rear; that is, that there should
be 60 feet from the rear of one building to the rear of
another building on the next parallel street. In fact
a space of greater depth should really be required at
the rear because one cannot always be sure of this
space being a continuous open space, thus insuring
proper circulation of air and proper lighting of the
rear portions of the individual building. This is al-
ways insured at the front as the streets are continuous
airways extending often for many miles. The mini-
83
A MODEL HOUSING LAW
22 §
mum requirements established in this section are
based upon the assumption that there will be in most
cases a neighborhood development, and that if one
man leaves a rear yard of 30 feet behind his dwelling,
in all probability his neighbor owning the lot abutting
at the rear will leave a similar open space of 30 feet,
making 60 feet between buildings. The largest open
space possible that can be left at the rear is desir-
able and the standards established in this section
are the minimum. It would be desirable to have
even deeper yards if it were always commercially
practicable. In this connection it should be noted
j
L
1
r
FIGURE 13
that with land values as they are at present in resi-
dence districts there are few cities in which it is com-
mercially necessary in order to get a fair return on
the investment, to make the rear yards less than the
minimum depths herein established. This does not
mean that interested parties will not wish to make the
depths less. They will. But they should not be per-
mitted to, and investigation will develop in practically
every case that the minimum depths established in
this section are less than the depths that have actu-
ally been voluntarily left by the majority of owners in
recent building operations in each city.
NOTE 2: It is, of course, not necessary to require a
front yard, as the rooms on the front of the house will
get adequate light and air from the street. Desirable
§ 22 LIGHT AND VENTILATION
as front yards or "set-backs" are from the point of
view of adding to the attractiveness of a dwelling's
appearance, they cannot be compelled by law. It
obviously therefore would be unreasonable to attempt
to limit the size'of this open space left voluntarily by
the owner and neither required by law, nor needed
for light or ventilation.
NOTE 3: The requirement that the rear yard shall
extend across the entire width of the lot is of impor-
tance. Without such a requirement attempts would
be made to leave inadequate yards, as illustrated
in Figures i to 4.*
NOTE 4: It is of great importance to require that
the yard shall be unobstructed from the ground to the
sky. Otherwise it would be possible to have fire-
escape balconies and outside porches encroaching con-
siderably on the open space which is so necessary to
furnish light and air to the rear parts of the building.
It is obvious that it is of little use to require a 1 5-foot
yard for the purpose of light and ventilation and then
allow it to be completely occupied by an outside porch
or balcony, as is frequently the case in many cities.
This provision is also to be read in connection with
Sub-division 16 of Section 2.
In certain cases some objection will be made to
the requirement that the yard shall extend from
the ground to the sky. Permission will be desired
to cover over either a portion of the yard or all of it
on the ground floor. This will be especially sought
after in the case of corner lots because of the value
of street frontage, especially in districts where it
is advantageous to use the ground floor for stores
or shops. Similarly it will be desired to build over
a portion of the yard on interior lots where it is
wished to get a very deep store. A third case is the
case of hotels, where the owners will want to build
over the yard not only on the ground floor but also
possibly to the height of two or three stories so as to
secure the space necessary for public rooms such as
dining rooms, ball rooms, music rooms, and for simi-
lar purposes. All of these points of view will have
to be considered.
The considerations involved are quite different in
the three different classes of cases. Taking up the
* See pp. 38, 39 and 40.
85
A MODEL HOUSING LAW
§22
first, namely, covering over the yard on the ground
floor in the case of corner lots: It is very desirable
to have the yard extend to the ground where it is
practicable, but where this is a matter that is much
desired by the interests affected' it is a point where a
concession can wisely be made because of the reason-
ableness of the claim. There is no question as to the
desirability of having the yard extend all the way
down to the ground. That should be the practice
in every case. On the other hand, there is from the
point of view of the owner a hardship in not being
allowed to utilize his property so as to get the full
value out of the most valuable part of it; namely,
the street frontage. If it is decided to recognize this
situation and to make this concession the following
modification could be adopted. After the words
"in the next section/' strike out the period, insert a
comma, and add the following:
Concession CONCESSION: "except that in the case of corner lots
the rear yard may start at the top of the entrance story/'
Explana-
tion
The second class of cases where it is desired to
cover over the yard on the ground floor on an in-
terior lot, in order to secure a very deep store, is
not at all in the same category. Such a concession
should not be granted. It should be remembered
that these provisions occur only in connection with
dwellings, not with commercial buildings where the
conditions of course are very different, and the only
occasion where this becomes a practical question is
where it is desired to have a store on the ground floor
of an apartment house, or two-family house, or other
kind of dwelling. So long as it is permitted to cover
over the courts on the ground floor or part of them, it
will be possible to get a store of sufficient depth with-
out encroaching upon the yard space.
The third class of cases, namely, that of hotels,
presents the most important considerations of all.
It has been pointed out elsewhere in this book that
it is necessary to build modern hotels to a con-
siderable height and it will be seen from the table
of Yard Depths in the next section that because of
the requirement that the yard shall increase 5 per
centum for each additional story above three stories,
that where it is desired to erect a ten-story hotel a
86
§ 22 LIGHT AND VENTILATION
yard of 60 feet, in the case of an interior lot, would be
required, and in the case of a corner lot a yard of 50
feet. This would be prohibitive in most cities. No
modern hotel should be erected on an interior lot.
Practically all such buildings are erected on corner lots,
with streets on three sides. So that the only thing to
be considered is the relation of the provisions with ref-
erence to corner lots of this kind in its bearing upon
hotels. For these reasons it is quite appropriate to
exempt modern hotel buildings from the requirement
for rear yards.
NOTE 5: The requirement that every part of the
yard shall be directly accessible from every other part
is made necessary where the rear lot line is of an ir-
regular shape and where the lot has more than one
depth, as sometimes happens, as shown in Figure 2.*
NOTE 6: It is necessary to measure the minimum
depth of trje rear yard from the "extreme rear part of
the dwelling/' otherwise claims would be advanced to
be allowed to measure from the rear wall of the main
building and not from various extensions, thus en-
croaching seriously on the minimum yard space. For
further discussion on this point see Section 2, Para-
graph 7, Note 2, pages 38-40, especially Figures 3
and 4.
NOTE 7: Some of the earlier housing laws were
formulated with reference to conditions in Eastern
cities where as a rule alleys do not exist. Irrespective
of the undesirability of alleys, it is obvious that if
there is a continuous airway extending through the
centre of the block admitting light and air perma-
nently (the alley must be a public one, otherwise it
may some day be closed up) allowance must be made
for such an open space in determining the minimum
sizes of rear yards. It is reasonable in such cases to
allow the measurements to be taken to the centre
line of the alley.
As the primary purpose of requiring a rear yard is
to insure an open space of adequate size at the rear
of the dwelling for purposes of light and air, it is
equally obvious that where there is no public alley,
the measurements should be taken to the rear lot
line; and where there is a garage or similar building
on the rear of the lot to the front of such building,
* See p. 39.
87
A MODEL HOUSING LAW
§22
leaving the minimum of open space between the two
buildings.
NOTE 8: Where a dwelling is erected on a corner lot
bounded by streets on three sides it would cause un-
due sacrifice of especially valuable property, namely,
that with a street frontage, to require in such cases
the rear yard to extend across the entire width of the
lot. All proper purposes will be satisfied if under such
circumstances the yard extends to the median line.
It will thus afford an ample intake of air to insure
circulation of air throughout the rest of the block.
The following diagram illustrates this point. ADCA
FIGURE 14
is a corner lot bounded by three streets. The rear
yard instead of extending all the way across the lot
from A to A is allowed to stop at B, the point of
intersection with the median line of the lot. It thus
furnishes a means of renewing the air in the back
yards of the lots R, S, T, U, etc., and the owner does
not have to sacrifice valuable street frontage along
the side AC.
NOTE 9: The question may be asked, Where does a
corner lot end and an interior lot begin? In view of the
greater liberality of the law toward corner lots, permit-
ting smaller yards and a larger percentage of the lot to
§ 23 LIGHT AND VENTILATION
be occupied, there is a direct incentive for the builder
to evade the law's requirements and build over a very
large frontage, and call it all a "corner" lot; later sub-
dividing his building and selling off portions of it; that
is, erecting several buildings in the guise of one, hav-
ing all the buildings classed as one corner building in-
stead of as one corner building and several interior
buildings.
The line must be drawn somewhere. It has been
set at 70 feet with a desire to be liberal to investors
and builders and to be sure that a building 50 feet or
more in width will be treated legitimately as a corner
building. In most cities the line is drawn at 25 feet,
but this is unnecessarily strict. Figure 12 (p. 74)
illustrates how it is necessary to break back the yard
at a point 70 feet from the corner in the case of a
building being erected with loofeet frontage.
NOTE 10: The reasons for exempting the modern
hotel from the requirements of this and the following
section are set forth in Note 4, p. 85.
§23. DEPTH OF REAR YARD. The depth of the rear
yard required by the preceding section shall increase pro-
portionately with an increased height of the dwelling and
shall be proportionate to the depth of the lot as follows:1
For purposes of this section the depth of the lot shall be
measured from the front wall of the dwem'ng instead of
from the front lot line.2 If the dwelling is three stories
high the depth of the rear yard shall* be TWENTY3 per-
centum of the depth of the lot; if the dwelling is four
stories high such depth of rear yard shall be TWENTY-
FIVE percentum of the depth of the lot; if the dwelling
is five stories high such depth of rear yard shall be TH I RT Y
percentum of the depth of the lot ; and shall thus increase
FIVE4 percentum for each story. If the dwelling is less
than three stories in height, the depths above prescribed
may be decreased FIVE percentum for each story below
three stories. In the case of corner lots if the dwelling is
three stories high, the depth of the rear yard shall be FIF-
TEEN5 percentum of the depth of the lot. If the dwell-
ing is four stones high such depth of rear yard shall be
A MODEL HOUSING LAW § 23
TWENTY percentum of the depth of the lot and shall
thus increase FIVE percentum for each story and may
similarly be decreased FIVE percentum for each story
below three stories. Irrespective of the above provisions,
no rear yard under any circumstances shall ever be less
than TEN feet in depth. The provisions of this section
shall not apply to hotels as defined in paragraph four of
section two.
NOTE i : A distinct departure from the provisions
found in similar statutes is made in this law in the
method of regulating the depth of yards. Here an
attempt is made to make the depth of the yard pro-
portionate to the depth of the lot. This plan has
been adopted because it has been feared that the
methods heretofore employed of fixing arbitrarily a
certain minimum depth in feet might not be sustained
if tested as to constitutionality, because it would not
be possible to show that such method of regulation was
based upon a scientific principle. If all lots were the
same depth this question would not be so compli-
cated, but where lots vary from 60 feet in depth to 250
feet in depth, and even more, the subject is seen
to be somewhat complex. Assuming that a 3o-foot
yard is the minimum sized yard that should be left
for a three-story dwelling in most cities, it would be
perfectly tasy to require this in the case of lots 100
feet or more in depth, but there are many lots known
as "tail-enders," having been cut off where the lots
from another street have been subdivided in a cer-
tain way, which often do not exceed 60 feet in depth
and sometimes do not exceed even 40 feet in depth.
To require a 3O-foot rear yard on a lot 40 feet in
depth would, of course, be absurd and would have
the effect of making impossible the development of
such property. In addition it is very desirable to
have some automatic method of regulating the evils
of the deep lot and thus prevent the building far back
on the lot of long, deep buildings which are respon-
sible in large degree for lot overcrowding and conges-
tion of population. (See discussion under Section 20.)
As the best means, therefore, of meeting all these
conditions, the plan set forth in this section has been
evolved. This gives an automatic control of depth of
90
§ 23 LIGHT AND VENTILATION
building and depth of yard both on shallow lots and
on lots of excessive depth. It does not make pro-
hibitive the development of a short lot nor, on the
other hand, does it give a short lot an undue or unfair
advantage. It places all lots on the same basis in
that the depth of the yard is proportionate to the
depth of the lot. How this would work out in prac-
tice with lots of varying depths and for dwellings of
normal height is shown in the following table:
INTERIOR LOTS— REAR YARDS (MEASURED TO
MIDDLE LINE OF ALLEY)
DEPTH OF LOT
HEIGHT OF BUILDING
40
SO
60
100
T?S
ISO
200
2 SO
ft.
ft.
ft.
ft.
ft.
ft.
ft.
ft.
Ft.
Ft,
Ft.
Ft.
Ft.
Ft.
Ft.
Ft.
i -story — 10%
2 -story — 15%
10 mm.
10 min.
10 mm.
10 min.
10 mm.
10 min.
IO
15
Hi
8»
20
30
lit
3-story— 20%
4-story — 25%
10 mm.
10
10
12*
12
IS
20
25
ifi
30
37*
40
50
50
62*
5-story — 30%
12
IS
18
30
37*
45
60
75
6-story— 35%
14
21
35
52*
70
87*
etc.
CORNER LOTS— REAR YARDS (MEASURED TO MIDDLE
LINE OF ALLEY)
DEPTH OF LOT
BUILDING
f\0
fSt°
60
ft.
100
ft.
125
ft.
V
200
ft.
250
ft.
Ft.
Ft.
Ft.
Ft.
Ft.
Ft.
Ft.
Ft.
i-story— 5%
10 mm.
10 mm.
10 mm.
10 min.
10 mm.
10 mm.
IO
12*
2-story — 10%
3-story— 15%
10 mm.
10 min.
to mm.
10 min.
10 mm.
10 min.
10
IS
12*
tsf
lit
20
30
!?»
4-story — 20%
10 mm.
10
12
20
25
30
40
50
5-story — 25%
10
12*
IS
25
3iJ
37*
50
62*
6-story — 30%
12
IS
18
30
37*
45
60
75
etc.
When it is remembered that alleys prevail in most
cities and that these measurements are to be taken
to the centre line of the alley, it becomes apparent
how liberal this provision is from the point of view of
the man who wants to develop his property.
For example, in the case of the shortest lot imag-
inable for building purposes, viz., a lot but 40 feet
deep, it would still be possible to build a dwelling 30
feet deep leaving only a lo-foot back yard — the irre-
A MODEL HOUSING LAW § 23
ducible minimum. As such lots seldom abut an alley
at the rear, being " tail-enders," the 10 feet would be
to the lot line.
In the case of a normal lot, say one 100 feet deep,
the back yard would have to be only 20 feet. With a
1 6-foot alley at the rear, it would mean that only 12
feet of the lot would have to be given up to rear yard
space. In such case, if the owner did not desire to set
back his house at front or erect a garage at the rear,
he could build his building 88 feet deep. This is ob-
viously extremely liberal. • If he elected to have a
front yard or set-back, say of 30 feet, he could build
his house 64 feet deep and have a back yard of 6 feet
(14 feet to the centre of the 1 6-foot alley). This is
also extremely liberal.
If the owner wanted to have a front yard or set-
back say of 25 feet and also have a garage at the
back of the lot 15 feet in depth, he would have to
leave 15 feet between the dwelling and the garage
(see Section 29) and could still have a house 45 feet
deep. In the above instances if the dwelling were but
2 stories high, the conditions would be even more
liberal.
When it comes to the deep lot, the scheme still
works out in a way not to be unduly restrictive.
Take the case of a lot 150 feet deep for instance:
Here the owner could leave a front yard or set-back
of 30 feet, leave a back yard of 16 feet (24 feet to
the middle of the alley) and could have a house 104
feet deep if he wanted such a thing. Or, he could
have a 1 5-foot garage at the rear, could set back his
front 50 feet and still have a house 70 feet deep.
What he would do, of course, would be to build his
house the depth he wanted it and leave a much larger
rear yard than the law requires. It is quite evident
that this scheme will work out with entire satisfaction
in most places.
NOTE 2: It is obviously unfair to penalize the man
who voluntarily leaves a large front yard by making
him increase also the size of his back yard. There-
fore, it is provided that he may deduct this set-back
from the depth of his lot for purposes of calculating
the depth required for the back yard.
To illustrate: In the case cited under Note i, on
page 90 of a lot 100 feet deep and a front set-back
92
§ 23 LIGHT AND VENTILATION
of 30 feet, such a lot would be considered only 70
feet deep and the back yard would have to be only
20% of 70 feet or 14 feet to the middle line of the
alley — or only 6 feet off the lot.
NOTE 3: If these standards should seem to work
hardship in any community (which the author very
much doubts), it is suggested that the thing to do is
not to depart from the principle of having the size of
the rear yard proportionate to the depth of the lot,
but to change the standards. Instead of having the
rear yard 20% of the lot depth have it less, say 18%.
Or, per contra, if the standards are too low and do
not in a given community produce rear yards of suf-
ficient size, change the standard from 20% to 22% or
25% or whatever may be desired.
NOTE 4: Naturally, the size of the rear yard, as in
the case of other open spaces left vacant for light and
air, should increase as the dwelling increases in height.
Under the plan outlined here of a 5% increase per
story the following results will be obtained:
YARD DEPTHS (LOT 100 FEET DEEP)
Height
Corner Lots
10 feet min.
Interior Lots
10 feet
. 10 ft.
/5A
20 ft.
25 ft.
30 ft.
i 5 feet
20 feet
25 feet
30 feet
35 feet
i -story . .
2-story . .
3-story . .
4-story . .
5-story . .
6-story . .
and so on.
It will be seen that this automatically checks the
erection of high buildings by imposing a requirement
for a larger yard as the dwelling increases in height.
This is deliberate. A high building in the case of
dwellings is unnecessary, except in the case of hotels.
Hotels have been exempted from these provisions for
reasons already set forth. These requirements there-
fore can affect adversely only the apartment house or
tenement; for, private dwellings seldom exceed 3
stories in height and two-family dwellings never ex-
ceed 2j/^ stories.
There can be no question as to the desirability of
preventing the erection of sky-scraper apartment
houses and tenement houses. Outside of New York
93
A MODEL HOUSING LAW § 24
City and possibly Boston, they are not a necessity.
If a city like Chicago can limit the great mass of its
apartment houses and flats to three stories, as it has
done successfully for the past 10 years and more,
there is no reason why every other city in America
cannot do the same. The best way to do this is to
penalize the building of excessive height by requiring
much more open space to be left around it — a method,
incidentally, which the courts will sustain.
NOTE 5: It will be noted that the standard laid
down for corner lots is different from that laid down
for interior lots. This is but right. A dwelling on a
corner lot has streets on at least two sides and some-
times on three sides and has therefore much greater
opportunities for light and air, especially for continu-
ous air currents. In addition, street frontage is very
valuable and the owner should not be required to
sacrifice more of this than is absolutely necessary
to insure the proper lighting and ventilation of his
building. While it is provided that the depth of
yard of a corner lot shall not be less than 1 5 per cent
of the depth of the lot, this requirement is subject
to the further requirement found later in the section,
that no yard under any circumstances shall be less
than 10 feet in depth. Thus in the case of a corner
lot 60 feet in depth, it would not be possible to have
the yard less than 10 feet deep, which would be over 1 5
per cent of such a lot. Ten feet is the irreducible mini-
mum; a yard less than this cannot furnish adequate
light and ventilation.
§24. SIDE YARDS; DISTANCE BETWEEN ADJACENT
BuiLDiNGS.1 In order to insure adequate light and venti-
lation and reduce the conflagration hazard and preserve
the amenities16 of residential districts, no dwelling here-
after erected shall approach nearer at any point to any
adjacent building than as prescribed in this section. The
space between such dwelling and any adjacent building2-3'4'
at the side thereof, either on the same lot or on an ad-
joining lot, measured from the side wall of said dwelling
to the nearest wall of such adjoining building, shall be
deemed a side yard and shall be as follows :
(a) In the case of private dwellings7 hereafter erected
94
§24 LIGHT AND VENTILATION
one story in height such space shall be not less than SIX
feet ; for such dwellings one and one half or two stories in
height EIGHT feet; for such dwellings two and one half
or three stories in height TEN feet and shall increase
similarly TWO feet for each additional story or part story.
(b) In the case of two-family dwellings and multiple-
dwellings7 hereafter erected such space shall be propor-
tionate to the height of such dwelling and also to its length
or depth, as follows: for such dwellings one story in
height such space shall be not less than EIGHT feet; for
such dwellings one and one half10 or two stories, TEN
feet; for such dwellings two and one half or three stories,
TWELVE feet; for such dwellings four stories FOUR-
TEEN feet; and shall increase similarly TWO feet for each
additional story or part story. Wherever such dwellings
exceed S I XT Y8 feet in length or depth, such side yard space
shall be further increased throughout its entire width9 by
TWO feet for every TEN feet or fraction thereof that such
length or depth is in excess of SIXTY feet.
(c) Where the adjoining premises are unbuilt upon5 at
the time said dwelling is erected, the full space required
between the buildings as above provided, shall be left
upon the same lot with the dwelling, measured from the
side wall of the dwelling to the side lot line, unless the
owner of said adjoining premises files with the county clerk
of the county in which the dwelling is situated a written
easement agreement binding upon him, his heirs, adminis-
trators and assigns that he will keep unbuilt upon and
available for light and air a sufficient portion of his lot
immediately adjoining such side yard to give the required
space between buildings. The city, town or village through
its corporation counsel, or equivalent officer, shall be a
party6 to such easement agreement which shall not be dis-
solved without the city's consent. A copy of such agree-
ment shall be filed in the office of the health officer with
the plans for such dwelling, and shall also be there in-
dexed by street and number;
(d) All of the above mentioned side yards shall be at
95
A MODEL HOUSING LAW § 24
every point open from the ground to the sky, except as
otherwise provided in paragraph sixteen of section two.11-15
(e) Nothing in this section contained shall be construed
as preventing the building of dwellings in rows adjacent
to each other with no space between them.13
(f) Nor shall anything in this section be construed as
preventing the building of single dwellings of all classes
right up to the side lot line, provided no room or public
hall or other part thereof obtains the light and ventilation
required14 by this act from windows located at such lot
line or on any side yard less than the size required by this
section.
(g) If any space is left it shall conform to the provisions
of this section.14
Explana- NOTE i : No section in the entire act will arouse so
much opposition as the attempt to regulate the space
between adjacent buildings and to require the leaving
open of a sufficient space to give adequate light and
ventilation. The ideal condition would be to require
every dwelling hereafter erected to have plenty of
open space on all sides of it. This is of course not
practicable in large cities or in the well built-up por-
tions of small ones, desirable though it may be. In
such places it is often necessary to build houses in
contiguous rows, "terraces" as they are called in
certain sections of the country. In the case of apart-
ment houses, flats and tenement houses, and many
other classes of dwellings this is more often the rule
than it is the exception. In the case of most pri-
vate dwellings, however, except in the largest cities,
and even in the case of two-family houses, it will
still be found possible to leave an open space be-
tween the buildings. It has not been sought, there-
fore, in this act to impose a mandatory requirement
against the erection of houses in contiguous rows.
Such a requirement would probably be unconstitu-
tional. It is, however, of great importance to make
sure that adequate space is left between buildings
where dwellings are not built solidly in rows. The
prevailing practice in most of our cities is to leave a
totally inadequate space; sometimes only a foot
between buildings, often as little as 3 feet and only
§ 24 LIGHT AND VENTILATION
in rare cases is anything like an adequate space pro-
vided. The purpose of leaving an open space at the
side of a building is to furnish sufficient light and air
to the windows of the rooms in the interior part of
the building which do not open on the street or front
or rear yard. It is far better that no space should be
left than to have a space left which will furnish neither
light nor ventilation but instead simply becomes a
damp, dark pocket and gathering place for rubbish
and waste material. Experience shows conclusively
that no less than 16 feet should be left between dwell-
ings. This will give a side yard of a minimum width
of 8 feet on each side of each dwelling. With the
width of lot that has been employed in the past in
most of our cities, objection will at once be made to
this requirement as "idealistic" and impracticable.
It will be claimed that this requires the giving up of
1 6 feet of the width of the lot for side yards and that
on a 25-foot lot this would leave but 9 feet for the
dwelling, and that this is absurd, — which of course it
is. Even on a 4O-foot lot this provision will allow
a dwelling only 24 feet wide, if the house is placed
in the middle of the lot, and this is not large enough
for the class of dwelling which it is desired to erect
in many of our cities. The standards adopted in this
section, therefore, represent as near an approxima-
tion to the ideal as it seems wise to go and should be
treated as the irreducible minimum.
The standards of the Federal Government on this
point in the " Standards for Permanent Construction"
adopted March 7, 1918, by the U. S. Department of
Labor and the U. S. Shipping Board in the housing of
ship-builders and industrial workers during the War
are most significant . These were :
" 10. Open Spaces. Side yard space between ad-
jacent buildings to be preferably 20 feet; minimum
1 6 feet; such space to be increased proportionately for
each additional story, or part of story, above two
stories. If this space is not obtainable because of lot
sizes or land values, houses should be built in rows
or groups/'
And these are standards which were adhered to in
all government houses built with the two hundred mil-
lion dollars appropriated by Congress for the housing
of war workers.
7 97
A MODEL HOUSING LAW § 24
It is at once seen that the standards cited are im-
measurably higher than anything attempted in this
law. They are what should be required in this law,
however, and in the laws of all states. Anything less
than 1 6 feet between adjacent two-story dwellings
is inadequate and will not furnish sufficient light and
air, nor provide the amenities of civilized life. There
is, however, a vast difference between the standards
that may be adopted in operations such as the Fed-
eral Government undertook during the War (where
as a rule acreage property was bought and lots were
made whatever size was desired) and a mandatory
law which affects practically every unimproved parcel
of real estate in a given city. Where property is
already subdivided and lot sizes have become fixed, it
is often difficult, if not impossible, to adopt the stand-
ards that should be adopted, without disturbing real
estate values to too great an extent. For these reasons,
the low standards established here have been adopted.
They are just half the standards of the Federal Govern-
ment.
The chief difficulty is met in cities where the pre-
vailing lot unit is one of narrow width, 25 feet or 30
feet. To leave 16 feet between adjacent buildings on
lots but 25 feet wide, would leave only 9 feet of the lot
width available for building purposes, which as already
pointed out is of course an impossible situation.
With 3O-foot lots it is not much better.
It is no exaggeration to say that the success or
failure of the entire housing law may hinge upon the
skill with which these requirements for side yards are
adjusted to local conditions. It is, therefore, of the
utmost importance before determining what the stand-
ard shall be in a given city to have complete and full
information as to the existing conditions and the then
practice in that community.
This means that an exact and careful inquiry should
be made as to the lot units that prevail in that commu-
nity especially with reference to the width of lot unit.
These facts are known in a general way to the leading
real estate men of the town. They should be ascer-
tained accurately; this requires no great expendi-
ture of time or effort.
Similarly, it is equally important to know accu-
rately what the current practice or fashion of housing
24 LIGHT AND VENTILATION
is in each community with reference to the method of
placing the house upon the lot; and what the prevail-
ing type of house is that people desire to build, espe-
cially as to width. If, for example, in a given com-
munity the lots are uniformly 50 feet wide and no
one is accustomed to building a house wider than 24
feet, it is obvious that a requirement could be adopted
with perfect safety calling for side yards of 10 feet on
each side of new dwellings, thus leaving 20 feet be-
tween adjacent dwellings. If on the other hand, how-
ever, in a given community it develops that the pre-
vailing lot width is 30 feet and the kind of building that
people desire to have built is a dwelling 22 feet wide
it is obvious that no more than 8 feet can be left
between adjacent dwellings. This is entirely inade-
quate and so small a space ought not to be left, but it
may be the part of wisdom to set the standards as low
as this and not jeopardize the passage of the entire act.
NOTE 2 : One of the chief reasons why the attempts
made in housing laws based upon the Model Housing
Law during the past five years to set adequate stand-
ards for side yards have given rise to difficulty, has
been due largely to the fact that it was attempted (as
provided in the earlier edition of the Model Housing
Law) to fix definitely the distance from the side wall
of a new dwelling to the side lot line, upon the as-
sumption that each dwelling must stand on its own
base and that adequate light and ventilation must be
provided around it irrespective of neighboring condi-
tions. Theoretically, this was sound but it did not
always work out advantageously in practice.
All that a housing law need concern itself with in
this respect is to make sure that there is adequate open
space for light and ventilation and fire protection be-
tween adjacent buildings. The practical thing, there-
fore, is to permit the measurement of such open space
to be taken from the wall of one building to the wall of
the nearest adjacent building, irrespective of where
the lot line may be. The disadvantages of this more
liberal method of treatment are that at some future
time the adjoining dwelling which at the time may
have a large side yard, may later be torn down or may
burn down and a new dwelling may be erected nearer to
the lot line; in that case reducing considerably the
available amount of light and air between the two
99
A MODEL HOUSING LAW § 24
buildings. Weighing the whole question carefully, it
seems that this is the lesser of the two evils and that
it is better to take a chance on the adjoining building's
ultimately being torn down than it is to impose stand-
ards which because of unfortunate property subdivi-
sions cannot be applied without working undue hard-
ship.
NOTE 3 : Another important advantage in measur-
ing the side yard space, to the wall of the nearest ad-
jacent building is found in those communities where the
local custom prevails of not putting the house exactly in
the centre of the lot. In some cities, and there are quite a
number of them, it is the custom to leave a much larger
side yard on the south side of the building than on the
north. Where the owners of the adjacent property
adopt this practice, there are no disadvantages; for,
the space between buildings is maintained at the same
amount as if the houses had been placed directly in the
middle of each lot. To illustrate: Take the case of a
city where the lots are 40 feet wide and the owners are
buHding houses 30 feet wide. This leaves 10 feet
available on the two sides for side yards for purposes
of light and air. Instead of placing the house in the
centre of the lot and leaving 5 feet on each side of it
the custom prevails of leaving a side yard on the
southerly side of the dwelling of 7 feet and on the
northerly side of 3 feet, the adjacent owners employing
the same practice. There is then 10 feet between
each pair of buildings, the same amount that would
result if 5 feet were left on each side. With the in-
creased use of the automobile this method of placing
the house on the lot assumes new importance for it is
necessary to get access to the garage at the rear of the
lot and it is a very common method of doing this to
have a side yard between two houses 10 feet wide.
Moreover, the larger side yard on the southerly side of
the house has advantages from the point of view of
people who have gardens and who wish to plant flowers
along side of their houses; for, it insures them a wider
exposure and therefore more sunlight.
As illustrative of the results that would be obtained
under the standards suggested in this section, the fol-
lowing table is appended for convenience of reference :
100
§24
LIGHT AND VENTILATION
SIDE YARD WIDTHS
HEIGHT OF BUILDING
Private Dwellings
2 Family & Multiple
Dwellings
Space
Space
Space
Space
Between
on Each
Between
on Each
Buildings
Lot
Buildings
Lot
i story
6ft.
3 ft.
8ft.
4 ft.
\y£ stories .
8ft.
4 ft.
10 ft.
5ft.
2 stones
8ft.
4 ft.
10 ft.
5ft.
2>^ stories .
• 10 ft.
5 ft.
12 ft.
6ft.
3 stories .
10 ft.
5ft.
12 ft.
6ft.
4 stones
12 ft.
6ft.
14 ft.
7 ft.
5 stories
14 ft.
yft.
i6ft.
8ft.
6 stories ...
i6ft.
8ft.
i8ft.
9 ft.
etc.
NOTE 4: In cities where lots are narrow and where
it is practically impossible to leave adequate space
between adjacent buildings because of that fact, and
where the people are unwilling to resort to the row or
group type of house with no side yard between, it is
sometimes suggested that the housing law should
impose totally inadequate standards as to side yards,
something like 3 feet between adjacent buildings
for the older parts of town where the property is al-
ready subdivided and cannot be changed; and then to
require more adequate side yards in the newer sub-
divisions. There is considerable doubt as to whether
such a plan would be held by the courts to be consti-
tutional. The courts might hold that it was an un-
reasonable discrimination not to permit the property
owner in the new part of the town to occupy as much
of the land as the property owner in the older part of
the town. It is not a solution of the difficulty that
commends itself to the writer. Where such a situa-
tion exists, he believes that the thing to do is to insist
upon having the right standards and to say as the Fed-
eral Government has done in its Permanent Standards
which will be found in Chapter VII, pages 341-372.
" If this space is not obtainable because of lot sizes
or land values, houses should be built in rows or
groups." In the great majority of cases where the
101
A MODEL HOUSING LAW § 24
lots are as a rule 20 or 25 feet or even 30 feet wide if it
is sought to impose proper standards for side yards in
a housing law, it will mean that the dwelling house
will be built on 2 lots (as it should be under these cir-
cumstances) instead of on one lot as in the past. This
suggestion, however, will at once be met by the owners
of property in such a community with the inquiry as to
what is to become of the owner of the single lot sand-
wiched in between 2 adjacent lots already improved.
The answer to such a query is that no law can be for-
mulated which will not work some slight degree of in-
justice or apparent hardship and that the welfare of
the community in having adequate and ample space
for light and air and fire protection and the amenities
of civilization between buildings, far outweighs the
hardship that may be suffered by the few individual
lot owners in that community who may be thus
situated. Moreover, it should be pointed out to such
individuals that under the law the owner of such a lot
can always build his property up to the lot line and by
using a different type of house conform to the housing
law. That, by either building his house 2 rooms deep,
having the rooms secure their light and air from the
street or from the back yard, or by utilizing courts he
can build a dwelling which, though it may not be ar-
ranged in all respects according to the particular type
of house that has prevailed in that community in the
past, will still be an adequate dwelling and one that
people will want to live in and one that will have proper
light and air.
NOTE 5 : Reference has been made in Note 2 to the
desirability of taking advantage of adjacent property
conditions and allowing the owner of a new projected
dwelling to secure the benefit so far as practicable of
his neighbor's light and air. It will not do, however,
to be too liberal in this respect. Otherwise, the whole
purpose of the law may be defeated. Take the case,
for instance, of a man who is building a dwelling on a
lot where there are no dwellings already erected on
either side of him; and this is quite a common occur-
rence. He might, unless the law safeguarded this
point, build his dwelling right up to the lot line on
either side claiming that he was leaving a great deal
more space between his building and the nearest
adjacent building than the law required, the "nearest
102
24 LIGHT AND VENTILATION
adjacent building" in his case possibly being 100 or
200 feet distant, or even further away. If his building
were permitted to be erected in this way, we would
soon have, when the adjacent property began to be
built up, all of the evils of the present day of " lot line
windows," and the building in question would soon
have its light shut out by neighboring buildings erected
close to the lot line. It will not do of course to permit
anything of this kind. Where a man is building and
the adjacent property is not built upon, it is reasonable
to require him to leave the full amount of space needed
between buildings entirely on his own lot, or failing in
this to secure a binding agreement on the part of his
neighbor to leave a similar, space on his property
unbuilt upon for purposes of light and air. There will
probably be much objection made to filing an ease-
ment agreement, the chief objection being made that
it is a lot of bother that the average man who builds
a house doesn't want to bother with; that it involves
a lot of legal red tape; that it clouds the title of the
property; that it involves the paying of a lawyer; and
especially that it means that one's neighbor will hold
him up for compensation of an exorbitant nature be-
fore he will sign such an easement agreement. Un-
doubtedly many of these objections are valid though
none of them presents any real difficulty where a person
wants to carry out this scheme. The answer to them
is that a man cannot have his cake and eat it too. If
he wants the very great advantage of leaving vacant
on his lot only half the space that he ought to leave
to secure adequate space between buildings, he surely
ought to pay whatever may be necessary to obtain
from his neighbor a similar space and paying a
lawyer's fee for such an easement agreement is a very
small matter. Where a man building a dwelling is
unable to do this he certainly should be required to
leave the full space on his own lot.
NOTE 6: The plan as outlined here presents one or
two novel features of considerable importance. The
ordinary easement agreement where it has been tried
for such purposes has been of little legal value, for the
reason that it was in its essence only a private contract
between two individuals and could be dissolved at any
time when those two individuals or their successors in
interest so desired. The result of this situation was
103
A MODEL HOUSING LAW § 24
that with an easement agreement of this kind filed
when the house was built it was possible some 5 or 10
years later for the then owners of the two pieces of
property to get together and decide to dissolve it;
with the result that one of the pieces of property was
torn down and a new building built close to the adjacent
building. Thus the whole purpose of the easement
agreement was made null and void. I n order to obviate
this difficulty, it is provided here that the city, town
or village through its Corporation Counsel, City At-
torney or equivalent officer shall be a party to the
easement agreement and that the agreement shall not
be dissolved without the city's consent. It is further
provided, for the same reason, that a copy of the
agreement shall be filed in the office of the Health Offi-
cer as part of the plans of the dwelling and shall be
indexed by street and number so that any person may
readily find it.
NOTE 7: In most cities the side yard is the usual
method of treatment in the case of the private dwel-
ling, a type that it is most desirable to encourage. It is
the prevailing type of American habitation. The con-
ditions that prevail with regard to the private dwelling
differ materially from the conditions that exist in the
case of multiple dwellings of various kinds and espe-
cially flats and apartment houses, including the so-
called two-family dwelling as defined in this act, which
is in effect a 2-story flat. In the case of multiple
dwellings, we do not have the situation of a man
owning his own home built for his own occupancy.
Such buildings are built always to rent and the families
that live in them have no choice but must take the
kind of accommodations that are available for rent in
that community. A man can build his own home the
way he wants it, as a rule, but a tenant can rent only
the kind of apartment that is vacant when he is look-
ing for a place to live in. In addition, the .multiple
dwelling is generally a business investment and as a
rule represents a sufficiently large return on the capital
invested to warrant the imposing of adequate stand-
ards for light and air. It may be necessary in some in-
stances to compromise with our principles and accept
lower standards in the case of private dwellings than
we believe to be right, but this is not at all necessary in
the case of the multiple dwelling. Moreover, multiple
104
§ 24 LIGHT AND VENTILATION
dwellings, especially the larger apartment houses and
flats, are not as a rule built with side yards as the chief
feature. Courts are much more commonly used with
this type of building, varying from the open street
court of the H-shaped apartment house to the outer
court and even to the large central inner court or
garden that is coming into vogue more and more in
recent construction.
For these reasons, it will be noted that a differen-
tiation has been made between the size required for
side yards in the case of private dwellings and in the
case of multiple dwellings and two-family dwellings,
the standards being 2 feet more in the case of the latter
than the former.
NOTE 8: The adequacy of the side yard depends
upon three factors — its width, the height of the build-
ing and its depth or length. The longer or deeper the
building, the wider the side yard should be. In some
cities where lots of 200 feet depth prevail, it is not
uncommon to build apartment houses and flats 4
stories high and 1 80 feet deep with a side yard from 3
to 4 feet wide. It is obvious that such side yards are
grossly inadequate and ought not to be permitted.
For these reasons, a requirement has been included
in this section by which as dwellings increase in depth
beyond 60 feet, which is taken as the normal maximum
depth of a dwelling, the side yard shall increase by 2
feet for every 10 feet of additional length beyond 60
feet. This applies only to the case of two-family
dwellings and multiple dwellings; for, no private
dwelling is likely to be erected which will exceed or
even equal 60 feet in depth. The multiple dwelling
can well afford to leave this additional space, and
should be made to. It is to be carefully noted that
the length of the side yard is measured (see definitions
Section 2 (6)) from the front wall of the dwelling to
its rear wall and not to the rear lot line.
The way that this would work out in practice can
best be appreciated by a concrete example. Take the
case of a 3-story apartment house on a lot i oo feet deep
with a building 72 feet deep. In that case under the
provisions of this section, the side yard would have to
be 1 6 feet wide — 12 feet the minimum for a building of
this height, with an additional 4 feet of width required
because of the additional depth of the building beyond
105
A MODEL HOUSING LAW § 24
60 feet. This would mean that where the adjacent
buildings were similarly constructed, only 8 feet would
have to be left on each side of the flat in'question. It
is immediately apparent that this is an extremely
liberal provision from the point of view of the owner
of such property. In the case of a 4-story building
similarly situated, the space on each side of the flat
would have to be but 9 feet, and in the 5-story build-
ing but 10 feet.
In the case of lots of such extreme depth, as for
instance, a lot 200 feet with a building of very great
depth, say 150 feet, there the side yard for a 3-story
building would have to be 30 feet between adjacent
buildings or 15 feet on each side of the flat to be
erected. This also is quite liberal in view of the
great depth of the building.
NOTE 9: It should be noted that the increase in
width of court .requirement because of greater depth
of building applies to the entire width of the court.
Without this specific provision the law would be
evaded; as ingenious architects have sought to do in
several cities by dividing the side yard up into several
sections making each section of a certain width instead
of increasing the entire width of the side yard by the
amount required.
NOTE 10: It will be noted that specific reference
has been made to dwellings i^ stories in height and
2>£ stories in height and that these are treated on the
same basis with reference to width of side yards as
buildings of 2 full stories and 3 full stories, respectively.
This is only proper; for, a i^-story building might
be higher than a 2-story building in actual number of
feet in height. While the sloping roof does permit
more light and air to enter the side yard, it does not
confer enough benefit to offset the need of the greater
width of side yard for a building of such height.
While the definitions would include such parts of
stories and require them to be counted as full stories,
this is so important a matter that it has been thought
best to state the requirement in such clear language
that there can be no misunderstanding about it; for,
it has been found in practice that builders and other
laymen have not always understood this, with the
result that it has given rise to much argument with
the enforcing officials, causing them difficulties and
1 06
§ 24 LIGHT AND VENTILATION
trouble. It is to obviate this that the language em-
ployed in this section has been used.
NOTE 1 1 : One of the difficulties encountered in
connection with side yards is found in the practice
which prevails in many cities, especially where the
peaked roof house exists, of having a very heavy
"overhang" of the eaves; or, in the case of flat roof
houses, having the cornice run all the way around the
side yard or well into it. There are many instances
where adjacent cornices thus overhanging have com-
pletely filled the entire side yard. A side yard under
these conditions is of little value; for, all of the sun-
light and most of the air is shut off at the roof by
cornices which amount almost to a solid wall. The
result is darkness, dampness and lack of ventilation
and the entire purpose of having a side yard is thus
defeated.
For these reasons an absolute limit of 18 inches is
set on the amount of projection of cornices and eaves.
This would give 3 feet overhang between two adjacent
dwellings reducing in the case of a 2-story dwelling
the effective space for light and ventilation from 8
feet to 5 feet. It is at once seen from this mere state-
ment how vitally important it is to safeguard this
point.
Strong arguments will be presented to permit en-
croachments upon the side yard space by means
of porches and bay windows. This should not be
permitted. The minimum widths set down in this
section are the minimum and should not be encroached
upon. Bay windows are not at all necessary in the
side yard, as the principal rooms of the house do not
usually open upon that kind of open space but upon
the street, or front yard, or rear yard where it is
easily feasible to have bay windows. With regard
to porches in side yards, the situation is somewhat
different. While it is true that ample porch facilities
for any dwelling can be obtained at both front and
rear, it will be found in a number of cities, especially
in the case of two-family houses, that it is desired to
have the entrance for one of the families by means of
a porch or piazza at one side of the building. This
must necessarily extend into the side yard. Having
the porch in this location is of course not a necessity
as the building can be so planned as to permit entry
107
A MODEL HOUSING LAW §24
to both apartments from the front, but this may in-
volve a change in the habits of the people and it may
not be worth while to attempt to overcome the op-
position that will be aroused by such a change. If,
therefore, it is desired to meet this point of view the
following concession is suggested (see also Section 2,
Subdivision 16). Add at the end of paragraph (d) the
following:
Concession CONCESSION: " Except that in a private-dwelling or a
two-family dwelling hereafter erected one unenclosed out-
side porch may be located in the side yard, provided. such
porch does not extend into the side yard a greater distance
than SIX feet from the side wall of the building nor
exceed TWELVE feet in its other horizontal dimension.
The width of the side yard in dwellings hereafter erected"
NOTE 12: The question arises sometimes as to
whether these requirements for multiple dwellings
should apply to hotels. It will be noted that no ex-
ception has been made in this provision in the case of
hotels, although the modern hotel as defined in Para-
graph 4, Section 2, has been exempted from the rear
yard requirements of the law. It may be asked why
it is not equally necessary to exempt hotels similarly
from the side yard requirement. The reason that such
exemption is not necessary is to be found in the fact
that the modern hotel (and that is the only type that
we are concerned with) is as a rule built on a corner
lot and very often on a lot bounded by three streets.
It certainly ought not to be built on an interior lot,
and for these reasons the side yard treatment is not
likely to be employed in connection with a modern
hotel. Such a building will- get its light and air from
the streets and generally in addition from a large inner
court and sometimes from a back yard and outer court.
One state has handled this situation by adding at the
end of the section the following:
"The above requirements for side yards shall not
apply to hotels hereafter erected, as defined in Para-
graph 4 of Section 2, outside of residential districts."
This would permit great latitude in the case of hotels
built in the business sections of cities, the place where
they are as a rule located in most cities, but would
1 08
24 LIGHT AND VENTILATION
require hotels located in residential districts to pre-
serve the amenities of the residential character of
the district by having adequate side yards. This
scheme is not recommended. The writer believes
that in most cases it will be found that hotels can
with perfect propriety conform to the require-
ments of this section, as they will not desire to
utilize side yards at all. Where, however, a situa-
tion exists where it seems wise to make an exception,
the scheme above outlined might be advantageously
followed.
NOTE 13: One city where the detached type of
dwelling was the prevailing type and where the "row
house" was almost unknown, was very anxious that
their law should prohibit absolutely the building of
houses in rows or contiguous to each other. Such a
provision would mean that all houses would have to be
detached. It would prevent the usual type of semi-
detached house. It would prevent the so-called
" Philadelphia row" and it would prevent such admir-
able "group houses" as have been developed at Saw-
yer Park, Williamsport, Pa., or at Yorkship Village,
the U. S. Shipping Board development or in the devel-
opment of the Economical Homes Co. at Elizabeth,
N. J. — to cite but a few of the recent good types of*
group housing developments of the country. 1 1 would
also prevent the building of apartment houses and
flats in the way in which almost the entire cities of
New York and Chicago are built up and would prevent
the building of the usual type of dwelling house in the
closely built up sections of any city.
This mere statement as to the effect of such a scheme
is in itself sufficient to indicate that it is impracticable,
even though desirable from some points of view. From
the legal point of view it is of very doubtful constitu-
tionality. One doesn't see upon what basis it could
be justified or sustained in court. To say that every
building shall stand off so many feet from any adjacent
building even though there may be no windows in its
side walls and those side walls may be of brick, would
be hard to justify upon grounds of health, safety or
welfare.
NOTE 14: Some states have sought to limit the re-
quirement that side yards shall be a minimum width,
to those cases where there are "required windows" in
109
A MODEL HOUSING LAW § 24
the side walls. In other words, where a type of dwell-
ing is erected in which all the rooms receive their light
and air either from the street or rear yard but have
supplementary windows on the side yards, it is sug-
gested that a very narrow side yard be permitted.
There is a good deal of plausibility to this suggestion
but it is a dangerous practice which ought not to be
permitted, for, it will mean inadequate space between
buildings, with resultant dampness; and this space,
among certain classes of the population at least will
become the gathering ground for waste material and
refuse of various kinds. There is danger, too, that
later on the building in question may be altered, that
rooms may be subdivided and new rooms created open-
ing entirely on the side yard which will not furnish
adequate light or ventilation. This is a very real
danger. For these reasons, it is essential that this
section should contain the requirement which it does,
" If any space is left it shall conform to the provi-
sions of this section."
NOTE 15: In some cities architects have sought to be
permitted to have side yards built over on the ground
floor just as they have desired to cover over courts
and rear yards on the ground floor, in the case espe-
cially of multiple dwellings. This should not be per-
mitted. One of the advantages of the side yard and
one of the reasons for according it the liberal treatment
which is accorded to it in this law is because of the fact
that it enables persons using the dwelling to walk all
around it, to have ready access to the rear yard and to
have side yards. We have not yet in our civilization
in America had to resort to the hanging gardens of
Babylon and until we do, it would. seem desirable to
keep yards down on the earth and not up in the sky.
It is not at all necessary to permit this excessive use
of land and it should not be permitted.
NOTE 16: The declaration of purpose introduced in
the first sentence of this section which reads:
"In order to insure adequate light and ventilation
and reduce the conflagration hazard and preserve the
amenities of residential districts"
is novel though it has been followed in a number of
the recently enacted housing laws. The language has
not as yet been construed by the courts. The writer
I 10
§ 24 LIGHT AND VENTILATION
believes that the section is strengthened by this decla-
ration of purpose; for, it enables the supporters of the
law when attacked to adduce as reasons for this section
not merely the necessity of adequacy of light and air
but the importance of reducing the conflagration
hazard — something very different from the fire hazard
and one which affects the whole community — as well
as the important consideration of having civilized and
pleasant conditions of living. The writer believes
that on the Welfare clause of the Police Power the
courts will uphold a requirement of this kind, based
upon the necessities of preserving the amenities of
residential districts; and that a law based upon the
undesirability of having houses built so close together
that one bed room is so near to a bed room of an
adjacent dwelling that there cannot be proper privacy,
will be sustained and supported by our courts.
NOTE 17: If the plan outlined in this section of
determining the size of side yards on the basis of Space
between adjacent buildings does not commend itself in
any given case and it is desired to enact a provision on
the basis of having the side yard measured to the lot
line and not take advantage of conditions on neighbor-
ing property, the following ALTERNATIVE' SEC-
TION is given for guidance in such a contingency:
§24. SIDE YARDS; DISTANCE BETWEEN ADJACENT
BuiLDiNGS.2 In order to insure adequate light and ven-
tilation and reduce the conflagration hazard and preserve
the amenities of residential districts, no dwelling hereafter
erected shall approach nearer at any point to the lot line
than as prescribed in this section. The space between
such dwelling and the side lot line measured from the side
wall of said dwelling shall be deemed a side yard and shall
be as follows:
(a) I n the case of private dwellings hereafter erected one
story in height such space shall be not less than THREE
feet; for such dwellings one and one half or two stories in
height FOUR feet; for such dwellings two and one half or
three stories in height FIVE feet and shall increase sim-
ilarly ONE foot for each additional story or part story.
1 1 1
A MODEL HOUSING LAW § 24
(b) In the case of two-family dwellings and multiple-
dwellings hereafter erected such space shall be proportion-
ate to the height of such dwelling and also to its length or
depth, as follows: For such dwellings one story in height
such space shall be not less than FOUR feet; for such
dwellings one and one half or two stories, FIVE feet; for
such dwellings two and one half or three stories, SIX
feet; for such dwellings four stories SEVEN feet; and
shall increase similarly ONE foot for each additional story
or part story. Wherever such dwellings exceed SIXTY
feet in length or depth, such side yard space shall be
further increased throughout its entire width by ONE
foot 'for every TEN feet or fraction thereof that such
length or depth is in excess of SIXTY feet.
(c) All of the above mentioned side yards shall be at
every point open from the ground to the sky, except as
other-wise provided in paragraph sixteen of section two.
(d) Nothing in this section contained shall be construed
as preventing the building of dwellings in rows adjacent
to each other with no space between them.
(e) Nor shall anything in this section be construed as
preventing the building of single dwellings of all classes
right up to the side lot line, provided no room or public
hall or other part thereof obtains the light and ventilation
required by this act from windows located at such lot line
or on any side yard less than the size required by this
section.
(f) If any space is left it shall conform to the provisions
of this section.
. NOTE 18: If this scheme is followed instead of the
one suggested, it will be necessary to add to Section
29 the following: After the words "shall conform
to the provisions of section twenty-four relating to
side yards" strike out the period, insert a comma, and
add the following:
"but shall be twice the width therein required."
1 12
§ 25 LIGHT AND VENTILATION
§25. CouRTs.1 The size of all2 courts for dwellings
hereafter erected shall be proportionate to the height3 of
the court, which for purposes of this section shall be meas-
ured from the bottom of such court, wherever it starts,
to the top of the highest wall abutting it. No court shall
be less in any part4 than the minimum sizes prescribed in
this section. The minimum width of a court throughout
its entire height shall never be less than ONE THIRD5 of
such height. The length of an inner court shall never be
less than twice such minimum width.6 The length of a
court, except in the case of a side yard, shall never be
greater than four times its width.7 The width of all courts
adjoining the lot line shall be measured to the lot line
and not to an opposite building.8
NOTE i : The comments in connection with the Explana-
defmitions (Section 2, Sub-division 7) have a special tion
bearing on this section, and should be read in con-
nection therewith.
NOTE 2: While there is a material difference be-
tween outer and inner courts and logically they should
be treated in the law on a different basis, the outer
court being permitted to be of a less size than the
inner court because of the better opportunities for
securing light and ventilation, yet in this law all
courts have been treated alike. This has been done
deliberately with a full realization that it is not "logi-
cal." It has been done in order to keep the law as
simple as possible. It is especially desirable to keep
it simple in this section, as it is very easy to have
extremely complicated provisions with reference to
open spaces, especially courts, unless one is on one's
guard. The difference between this law and the
New York City law in this respect is marked. Here it
has been possible to embody all the provisions with
reference to sizes of courts in 140 words. In the New
York law it takes 2,030 words to treat the same topic,
the provisions comprising some six closely printed
pages of small type. The result is a complicated pro-
vision which the ordinary layman has difficulty in
understanding.
A MODEL HOUSING LAW §25
NOTE 3: The plan adopted for regulating the size
of courts as set forth in this section marks a radical
departure from the methods employed in earlier hous-
ing laws. In all previous enactments a fixed minimum
width in feet has been established with a similar fixed
'increase for increased height of the dwelling — generally
of one foot for each story of increased height. The
objections to this method of regulation are that it is
more or less arbitrary, that it does not follow any
definite principle — it represents at best only the re-
sults of observation and experience as to what sized
court will produce in practice a sufficient amount of
light for a building of a given height. It also has the
disadvantage of regulating the width of court by the
height of the building in stories which is a very vari-
able quantity. A three-story dwelling for instance
may be 30 feet high or may be 40 feet high. It is
obvious that the same width of court is not adequate
under such different conditions.
Similarly, most earlier laws fail to make allowance
for the fact that in hotels and apartment houses, the
courts very often do not extend down to the cellar or
even to the ground level but stop sometimes at the
second or third tier of beams. In such cases it is a
hardship on the investor to require a court which is
only 4 stories in height to be of a width that is neces-
sary for one 6 stories in height, due to the fact that
the dwelling is 6 stories high but the court itself only
4 stories. As worded here, the height of the court is
measured "from the bottom of such court, wherever
it starts, to the top of the highest wall abutting it/'
thus also providing for the shutting off of light by
parapet walls.
NOTE 4: The phrase "less in any part" is an im-
portant one. The irreducible minimum is the irre-
ducible minimum. If a court 10 feet wide is the least
sized court which will give adequate light and ven-
tilation it is obviously unwise to permit any open
space which is left for the purposes of light and ven-
tilation to be of a less size. Architects, because of
greater convenience in planning, will want to use all
sorts of little recesses and extensions of a smaller
size and different dimensions from those laid down in
the law. This should not be permitted, as it will
result in dark, damp, unventilated and unsanitary
114
LIGHT AND VENTILATION
shafts such as have prevailed in many of our larger
cities to the great detriment of the occupants of the
house. The following diagram shows some of these
types of extensions and offsets, which are illegal un-
less they are made of adequate width when they may
then be permitted.
YARP
FIGURE 15
NOTE 5: The standard established here that the
width shall be not less than ONE THIRD the height
of the court, it is believed, will prove to be a very
practical standard. Theoretically, on the same prin-
ciple that the width of the street on which a dwelling
abuts should be equal to the height of the dwelling in
order to admit sufficient light, the width of a court
should similarly be equal to its height — or possibly
even greater. To advocate such a scheme, as a mat-
ter of compulsory law, would, undoubtedly in the
minds of many people justify .the epithet of "ideal-
istic" or "impractical." It is, however, what the
Federal Government has declared to be desirable in
its "Standards for Permanent Construction" adopted
March 7, 1918, and which were laid down and fol-
lowed in the industrial housing projects carried out
by the U. S. Dept. of Labor and the U. S. Shipping
Board and for which 200 million dollars was appro-
priated by Congress.
In these standards will be found the following re-
quirements for dwellings:
"Open Spaces. Rear yard depth not to be less
A MODEL HOUSING LAW § 25
than height of building, nor in any case less than 20
feet. Minimum distance between backs of houses
should be 50 feet."
The requirements of the Model Law for "Courts"
apply almost entirely to multiple dwellings, especially
apartment houses, flats, tenements and hotels. The
court treatment is practically unknown with the
private dwelling and two-family dwelling — the usual
method of development with these two types being
the side yard.
It is enlightening, therefore, to contrast the stan-
dards laid down in the Model Law with the Standards
of the Federal Government just referred to. In dis-
cussing this type of multiple dwelling the Federal
Standards have this to say: (Type 8)
" Buildings are not to be more than 2 rooms deep.
This means either that rooms shall open on a street or
on a rear yard, or on an interior park sufficiently large
for grass and tree's to grow in it and of a sufficient size
to admit direct sun shine into all rooms opening on it,
at some period of the day, except rooms with north-
erly exposure/'
Compared with these, the Standards of the Model
Housing Law for Courts with a width equal to only
one-third of their height are most liberal — and far re-
moved from "idealistic." Yet even these low stan-
dards will be opposed by some architects and builders
and representatives of other special interests who are
opposed to housing laws that in any way restrict them.
How liberal these standards are to the builder of
apartments and tenement houses is shown by the fol-
lowing table:
COURTS
MINIMUM MINIMUM MAXIMUM
HEIGHT OF Width OF LENGTH OF LENGTH OF
BUILDING COURT Inner COURT Outer COURT
i-story (10 ft.) 3/4 ft. 6% ft. i3>sft.
2-story (20 ft.) 6^3 ft. 13^ ft. 26^ ft.
3-story (30 ft.) 10 ft. 20 ft. 40 ft.
4-story (40 ft.) 13^ ft. 26^ ft. 53^ ft.
5-story (50 ft.) 16^ ft. 33^ ft. 66% ft.
6-story (60 ft.) 20 ft. 40 ft. 80 ft.
and so on.
It is seen from a study of this table that a person
building a 3-story apartment house or flat, and utiliz-
116
§ 25 LIGHT AND VENTILATION
ing courts of various kinds would have to have his
courts a minimum width of 10 feet. If he used an
inner court it would have to be 10 by 20 feet; and
if he used an outer court it would have to be 10 feet
wide and could be any length he desired up -to 40
feet ; beyond that point it would have to increase in
width proportionately.
Applying these standards to the extreme case of a
sky-scraper hotel, 1 50 feet in height, it is evident that
the courts would have to be 50 feet wide. While this
may seem a great deal of open space to leave, it is
not any too much to secure adequate light and venti-
lation in a building of such great height. It is sig-
nificant that this is the amount that the Federal
Government Standards require to be left for private
dwellings only 2% stories high.
If the requirement that the width of the court shall
be not less than ONE THIRD of its height seems too
high a standard in any given community, and ONE
FOURTH seems too little and not adequate, it is
suggested that the ratio be expressed by decimals, as
for example three tenths.
It should be noted that the minimum width equal
to one third of the height of the court applies through-
out not only the entire width of the court, but also
throughout its entire height. So that it will not be
possible, as some ingenious architects may urge, to
so construe the law as to permit the erection of a
three story apartment house with an inner court but
3>£ feet wide for the top 10 feet of height or upper
story; 6% feet wide at the second story, and 10 feet
wide at the lowest story. The court must be 10 feet
wide throughout.
NOTE 6: The requirement that "the length of an
inner court shall never be less than twice the mini-
mum width prescribed by this section" is frequently
not understood without analysis, especially in view
of the requirement which immediately follows it and
which seems to be a contradiction of it. Both require-
ments are accurately expressed and mean what they
say. The requirement above quoted is made neces-
sary to insure an inner court of adequate size. In-
stead of attempting to fix arbitrarily the length of an
inner court a scientific principle has been evolved by
which the second horizontal dimension of an inner
117
A MODEL HOUSING LAW § 25
court shall always be equal to twice the minimum
width prescribed in the law. Thus an inner court,
which the law requires to be 10 feet wide, may not
be less than 20 feet in length. The reason for this is
that without this requirement neither sufficient light
nor proper ventilation can be assured in this type of
court where all the light and air that come in must
come in over the top of the court. It should be noted
that this provision does not require the length of the
court to be twice the width, but merely twice the
minimum prescribed by the law. They are very
different things. To illustrate: In the case of a
three-story dwelling the law requires a court to be 10
feet wide. It is conceivable that an owner might
prefer to have his court 12 feet wide; in other words,
build better than the law requires. It would be ob-
viously unfair in such case to penalize him and require
him to have his court 24 feet long (twice its width),
whereas his neighbor might build an inner court 10
feet wide and 20 feet long and have it entirely legal.
NOTE 7: A similar misunderstanding exists with
regard to the provision "The length of a court, except
in the case of a side yard, shall never be greater than
four times its width." This seems to be a direct con-
tradiction of the previous provision and to a per-
son not familiar with the conditions, unreasonable.
Courts become objectionable when they are long and
narrow. The sunlight which streams in at the end
or over the roof will not under such circumstances
reach all portions of the court. The further away a
room is from the outer end of a court the less desir-
able it becomes. It is for the purpose of preventing
the use of narrow courts of undue length that this
provision has been formulated. It furnishes an auto-
matic means of regulating this evil.
NOTE 8: The requirement that the width of the
court shall be measured to the lot line and not to an
opposite building, while not legally necessary in view
of the definition of a court as contained in Sub-division
7 of Section 2, is here stated in the way that it is stated
in order to make this subject so plain that no one can
either misunderstand it or present arguments to the
enforcing officials to be permitted to light or ventilate
any portion of their dwelling from the adjoining
premises. This puts an end to the evils of " borrowed
118
§26 LIGHT AND VENTILATION
light/' In this connection see the discussion under
Section 2, Sub-division 6, Note i.
NOTE 9: Sometimes permission is desired to leave
on the premises on which the dwelling is to be erected
passageways of a smaller width than the minimum
dimensions laid down in the law for yards or courts;
claim being made that such spaces are additional to
those required by law and that therefore it ought not
to be necessary to make them so large, inasmuch as
the rooms and other parts of the building all open
directly upon courts of legal size and that if any win-
dows open on these narrower spaces they will be sup-
plementary to the windows required by law. This is
plausible but it is dangerous to permit it. Such spaces
create unsanitary conditions. They are bound to
result in dampness and invariably become gathering
places for waste material; if supplementary windows
open upon them it is likely that ultimately when it
is proposed to alter the dwelling additional rooms will
be created which will get their sole light and ventila-
tion from these spaces. The' only safe course of
procedure is to require all open spaces to be of an
adequate size.
§ 26. COURTS OPEN AT TOP. No court of a dwelling
hereafter erected shall be covered1 by a roof or skylight.
Every such court shall be at every point open from the
ground to the sky unobstructed.2 Except that in the case
of hotels hereafter erected, as defined in paragraph four of
section two, courts may start at the floor level of the low-
est bed-room story. No court under any circumstances
shall extend down so as to be less in size in any part than
the minimum sizes prescribed in section twenty-five.3
NOTE i : It is obvious that a court which is relied Explana-
upon to furnish ventilation will be worthless if cov- tion
ered over at the top with a skylight or glass awning,
and yet this kind of court was in use considerably
some years ago and is still used in some European
cities. It is, however, antiquated and should not
be permitted. A court should be open to the sky.
Little enough air will be provided at the best. Noth-
ing that obstructs it should be tolerated. The re-
quirement that the court shall not be obstructed pro-
119
A MODEL HOUSING LAW § 26
hibits the placing of fire-escape or other balconies in
courts, thus encroaching upon the minimum space
permitted.
NOTE 2 : In connection with the discussion of Yards
(Note 4, Section 22), the desire of certain interests to
build over portions of the yard and courts on the
ground floor and the propriety of this under certain
limitations have been fully discussed. If it is de-
termined to be wise to permit this and to adopt
Concession i suggested in connection with Section
22, then the following similar concession should be
adopted for Section 26. After the words " lowest bed-
room story," end of the section, add the following:
Concession CONCESSION: "and in the case of other multiple-
dwellings where there are stores or shops on the entrance
story, courts may start at the top of such entrance story/'
Explana- NOTE 3: It should be observed that this permits in
tion the case of hotels the building over of the courts on all
the stories below the first bedroom story; that is,
stories in which the public rooms of the hotel are
located, but this permission does not in any way in-
clude the right to have rooms on such stories which
do not have windows opening directly to the outer
air; here the provisions of Section 31 will govern.
Similarly in the case of apartment houses and other
multiple dwellings where there are stores or shops on
the entrance story, the courts may start at the top of
such entrance story. It should be carefully noted
that in both of these cases the entire court must go
down to the bottom, wherever that bottom is located.
It will not be possible, for instance, to stop a portion
of the court in the case of a hotel at the third story and
then extend down the rest of the court to the first
story, unless the court is at such point the minimum
dimensions prescribed in Section 25. In other words,
there is no prohibition against stopping a portion of
the court at the third story and extending the rest
down for two more stories to the ground floor, pro-
vided the court for those two lower stories is the full
size that is required as a minimum in Section 25. To
do this, however, would mean that the court above
the third story would have to be of a larger size than
1 20
§27
LIGHT AND VENTILATION
the minimum required by the law. Figures 16 and
17 illustrate this. Figure 16 shows what is not per-
mitted with the court extended down less than the
6 STORY
COURT
^-l3PT-»
»5-5TORY
A STORY
3§>TORY
£ STORY ->
3
•*-
1 STORY
UNLAWFUL
FIGURE 16
A COURT CARRIED DOWN UNLAWFULLY
minimum size. Figure 17 shows what is permitted
with the court extended down the legal size. Both
diagrams are "sections through."
~TRANSYI
<0?>TOKY
COORT
«-i3n^
5 -STORY
A- STORY
SSiDtrr
Z STORTT
1 STORY
LAWFUL
FIGURE 17
A LAWFUL COURT
§27. AIR-INTAKES. l In all dwellings hereafter erected
every inner court shall be provided with two2 or more hori-
zontal air-intakes at the bottom.3 One such intake shall
always communicate directly with the street or front yard
and one with the rear yard, and each shall consist of a pas-
sageway4 not less than three feet wide and seven feet high
which shall be left open, or be provided with an open gate
at each end.
121
A MODEL HOUSING LAW § 2J
Explana- NOTE i : The purpose of this requirement is to pro-
tion vide a means of renewing the air in inner courts. Air
currents are generally horizontal; without these in-
takes or tunnels the air in an inner court is pretty sure
to be stagnant most of the time except at the top story.
With this provision, however, excellent ventilation
is furnished; that is, as good ventilation as can be
obtained through the use of courts. This system has
been in vogue for some years in several cities and has
given great satisfaction. A strong current of air is gen-
erally to be found circulating through the court. It is,
of course, essential that the tunnel should always be
kept open and that the occupants of the house should
FIGURE 18
INTAKES
not be allowed to obstruct the free passage of air by using
the tunnels as storage places or by closing them up
at the ends with solid doors, both of which experiences
have been had in cities where the intake is used. The
tunnels are not expensive; generally one of the side
walls of the building acts as one of the walls of the tun-
nel, and all that it is necessary to build is the opposite
wall, which can be a partition. It is better to build
it substantially in order to minimize the fire danger.
The tunnels are also an excellent means of exit from
the yard to the street in case of fire and in the case of
apartment houses afford a convenient delivery en-
trance for tradesmen. The above diagram illus-
trates the arrangement of the intake.
122
§ 27 LIGHT AND VENTILATION
NOTE 2: Certain interests will seek to omit the
intake entirely or to limit the requirement for an in-
take to inner courts "which extend through more
than one story" or even "through more than two
stories/' To permit such methods of construction is
a serious mistake. No inner court should be permitted
without an intake. If, unwisely it is permitted, then
the whole scheme for treating inner and outer courts
on the same basis will have to be revised, and inner
courts will have to be twice the minimum width laid
down in Section 25.
In some cities there will be a good deal of opposi-
tion to this requirement with reference to • the in-
take leading to the street, especially where it is de-
sired to use the ground floor of the building for stores
or shops. In such cases objection will be made to
giving up the space necessary for the intake, on the
ground that it will interfere with the proper size and
shape of store desired. This is true. Objection will
also be made to taking the intake through the cellar
in such cases, because of the extra expense involved
in carrying the court down to the cellar level and the
necessity of providing an areaway and grating at the
front of the building. If it is desired to meet these
objections, the best way is to require but one intake.
In such case the following concession is suggested.
Substitute the following:
CONCESSION: "§ 27. AIR-!NTAKES. In all dwellings Concession
hereafter erected every inner court shall be provided with
one or more horizontal air-intakes at the bottom. One such
intake shall always communicate directly with the street
or front yard or rear yard and shall consist of a passageway
not less than three feet wide and seven feet high which
shall be left open, or be provided with an open gate at
each end/'
NOTE 3 : It should be noted that the law is silent as
to whether the intake or tunnel should be begun at the
level of the entrance story or at the cellar or even at
the second story. This is deliberate and great lati-
tude in this regard is given to the owner. The re-
quirements of the law are satisfied and the purposes
of the section are secured if the tunnel is left at the
123
A MODEL HOUSING LAW
28
bottom of the court, wherever that bottom may hap-
pen to be. If the court extends down to the ground,
as is contemplated by this law, then the tunnel would
start either at the ground level or in the cellar.
NOTE 4: Permission may be asked to use a metal
duct instead of the open passageway. This should
not be granted as experience shows such ducts to be
unsatisfactory. They do not allow sufficient move-
ment of the air, as they often run with turns and angles
in them. Cats crawl into them and commit nuisances,
and they become generally objectionable. The tunnel
is the only thing that is adequate.
§ 28. ANGLES IN COURTS. Nothing contained in the
foregoing sections concerning courts shall be construed as
preventing the cutting off of the corners1 of said courts,
provided that the running length of the wall across the
angle of such corner does not exceed seven feet.2
REAR YARD
REAR YARP
STREET
LAWFUL
FIGURE 19
3TREET
UNLAWFUL
FIGURE 20
Explana-
tion
NOTE i : The purpose of this section is to permit
the cutting off of the corner of a court so as to secure
a window at an angle, thus obtaining better light, as
illustrated in Figure 19.
NOTE 2: The limitation of 7 feet in length of the
portion of the wall thus set at an angle is necessary as
otherwise evasion of the requirement establishing the
minimum width of the court will be possible; in-
genious architects will be quick to seize this loophole
124
§ 29 LIGHT AND VENTILATION
and plan a court as shown in Figure 20, so as to make
the wall running at an angle practically coincide with
the entire length of the court, thus materially reducing
the width desired.
§29. BUILDINGS ON SAME LOT WITH A DWELLING.* If
any building is hereafter placed on the same lot with a
dwelling there shall always be maintained between the said
buildings an open unoccupied space extending upwards
from the ground and extending across the entire width of
the lot. If such buildings are placed at the side of each
other the space between them2 shall conform to the pro-
visions of section twenty-four relating to side yards. If
such buildings are placed one at the rear of the other, the
space between them shall be the same as that prescribed
in sections twenty-two and twenty-three for rear yards-
In all cases the height of the highest building on the lot
shall regulate the dimensions. No building3-4 of any kind
shall be hereafter placed upon the same lot with a dwelling
so as to decrease the minimum size of courts or yards as
hereinbefore prescribed, except one-story private garages
or stables as provided in the next section. If any dwelling
is hereafter erected upon any lot upon which there is already
another building, it shall comply with the provisions of
this act, and in addition the space between the said build-
ing and the said dwelling shall be of such size and arranged
in such manner as is prescribed in this section, the height of
the highest building on the lot to regulate the dimensions.
NOTE i : This section deals with the eyils of lot Explana-
overcrowding, caused by the erection of many build-
ings upon the same lot. In some cities where deep
lots prevail as many as three or four separate build-
ings are sometimes found upon the same lot. In
some cases all these separate buildings are used for
dwelling purposes, often as tenements. The evils of
the rear tenement have been so often rehearsed that
they need not be repeated here. It is obvious that if
several buildings are to be placed on the same lot the
relation of each building to the other must be carefully
considered and nothing must be permitted that would
125
A MODEL HOUSING LAW § 29
jeopardize the maintenance of proper open spaces for
all of the buildings. From an ideal point of view many
people would wish to prohibit by law the erection of a
building upon the rear of a lot upon which there is a
dwelling in front, but reflection shows that this is not
feasible. Where lots are deep and a system of alleys
prevails the owner must necessarily have more than
one building on his lot if he is to utilize his land to
its full commercial development. Moreover, any ap-
propriate scheme for the treatment of alleys and their
elimination as sources of evil must contemplate the
erection of dwellings fronting upon the alley. When
we come to the consideration of private dwellings it is
at once apparent that the owners of high-class pri-
vate dwellings must be permitted to have garages,
private stables, and similar buildings at the rear of
their lot. This is the best place for them.
NOTE 2: It appears, therefore, that several build-
ings on the same lot are an inherent necessity in many
cases. The important thing is to see that they are
not constructed so as to become an evil. This sec-
tion automatically prevents this by requiring in all
such cases that the open space between buildings
shall be of sufficient size. This is accomplished by
applying to such open spaces the same requirements
as are imposed for rear yards when one building is at
the rear of the other; and for side yards when the
buildings are at the side of each other. This is ob-
viously the only way to treat the subject; the pres-
ence or absence of a real or imaginary lot line should
make no difference in the space required to furnish
adequate light and ventilation.
NOTE 3: In the earlier laws an attempt was made
under this section to prohibit on the same lot with a
dwelling "any building other than a dwelling." This
was intended to stop the building of a factory on the
rear of the lot where there was a dwelling on the front.
A number of difficulties at. once presented them-
selves. It was found in practice that such a provision
did a great deal more than was contemplated or de-
sired. The first great difficulty encountered was the
garage. Such a provision prevented either a private
garage or private stable at the rear of a private dwell-
ing. This was obviously an impossible situation. It
also prevented the building of a little workshop at the
126
§29 LIGHT AND VENTILATION
rear of the lot where a man interested in carpentry
might employ himself as a means of recreation; it also
prevented children's playhouses, some types of sum-
mer houses or outdoor studios and so on.
It would also have prevented a very common change
in occupancy which takes place in many neighbor-
hoods, viz., the alteration of a dwelling on the front
of the lot for store purposes, and the use of a dwelling
on the rear for residence purposes.
For all of these reasons, it seems best not to attempt
to regulate these conditions through a Housing Law,
but to leave their control to Zoning Regulations
which will necessarily go into questions of Use of
property in great detail and with reference to the
peculiar conditions which exist in different parts of
a city.
NOTE 4: Some cities and states have thought it
wise to legislate against rear dwellings so as to pre-
vent the chief evil of such structures, viz., their being
shut away from public observation without outlook
on the street and often without access except through
a front building. If this evil seems likely to develop
in any community, the following Variation is sug-
gested. Add at the end of this section the following:
VARIATION i: " No dwelling shall hereafter be so erected v . ..
Variation
or placed on a lot that it shall be left without at least one
side thereof having a proper and adequate frontage upon
the street on which the lot fronts. Nor shall any building
other than a dwelling be placed upon the same lot with a
dwelling so as to interfere with such adequate and proper
street frontage of said dwelling."
NOTE 5 : There are a number of considerations to be
observed in connection with this subject. In the first
place, it will not do to prohibit outright the erection of
dwellings at the rear of the lot. If a man wants to
set back his dwelling and leave a very large front yard,
he certainly has a right to do so and ought to be free
to do so.
It will not do either to require, as some cities have,
that a dwelling so placed "shall have at least one side
thereof with an unobstructed frontage upon the street/'
Such a provision would prevent buildings located as
shown in the diagram on the next page.
127
A MODEL HOUSING LAW
§29
That is, one building at the rear of the other with
50 feet between the two (a more than adequate space)
but the rear dwelling for 5 feet of its length behind the
front building. In such a case the rear dwelling would
not have an "unobstructed frontage upon the street."
I 00 FT.
Variation
FIGURE 21
Another point to bear in mind is in relation to alley
dwellings. In some cities it may be necessary to per-
mit dwellings fronting on alleys and without any other
street frontage. In such case the provisions of Varia-
tion i would prove embarrassing. The situation could
be met, however, by adding at the end of the Varia-
tion the following:
VARIATION 2: "The provisions of this requirement for
street frontage shall not apply to dwellings having an
entrance and frontage upon a public alley."
128
§29
LIGHT AND VENTILATION
NOTE 6: It should be noted that Variation i de-
liberately refers to "adequate frontage upon the street
on which the lot fronts." As under the provisions of
Paragraph 2 1 of Section 2 (definitions) a public alley 16-
feet wide is a " street ", it becomes necessary in this case
to refer to "the street on which the lot fronts."
It should also be noted that this Variation provides
not only for the case of new dwellings erected at the
rear of the lot, but also for cases "where some building
other than a dwelling is placed on the same lot with a
dwelling/' An important consideration that must not
be lost sight of is that this requirement (Variation i)
would prohibit a dwelling for the chauffeur over the
private garage at the rear, unless the garage were so
located as to " have one side with a proper and ade-
quate frontage upon the street/'
A garage. with chauffeur's quarters in it located as
in the following diagram would not be possible.
i j
<S*r R E.E-T
IOO FT
-40FT.
ALLEY
FIGURE 22
129
A MODEL HOUSING LAW § 30
NOTE 7: Difficulties sometimes arise with regard
to the treatment of corner lots where it is desired to
place one building fronting on one street, which of
course will be directly behind the building fronting on
the other street. This is inherently the same situation
as two adjoining buildings on different lots with side
yards between them, and the open space between the
buildings should be treated as side yards and regulated
in that way. This is done at once, automatically, if
the owner, for purposes of the law and the record, di-
vides his lot and treats it as two lots. Then each build-
ing has relation to its own particular lot. This is an
option which most owners will gladly seize, as it will
impose upon them less onerous requirements than
would be imposed if the open spaces required by Sec-
tion 29 were made to apply to this class of cases.
§ 30. PRIVATE GARAGES AND PRIVATE STABLES. l A
private garage or private stable may be built at the rear
of a lot on which there is a dwelling at the front. In the
case of private garages which do not exceed one story in
height, the depth of the rear yard shall be measured to
the middle line of the alley or to the rear lot line, as the
case may be, as provided in section twenty-two, and such
garage or stable if not over one story high may approach
within ten feet of the rear wall of the dwelling or may be
attached as an extension to the dwelling provided it does
not obstruct light or ventilation in any way. In the case
of garages over one2 story high and in all other cases the
rear yard shall be measured from the rear wall of the
dwelling to the nearest wall of the building at the rear of
the lot.
No public garage or public stable may be erected on the
same lot with a dwelling. No private garage or private
stable on the same lot with a dwelling shall exceed two2
stories in height. It may have living rooms therein for
the use solely of the chauffeur or coachman or member of
his family. If so occupied, the garage or stable in addi-
tion to complying with the provisions of this act shall
have an entrance from outside of the building without
passing through the garage or stable.
130
§ 3O LIGHT AND VENTILATION
NOTE i : The almost universal use of the automo-
bile— among workingmen as well as among other
classes — brings important changes in property sub-
division and in the use of property. It is no longer
safe to plan an Industrial Housing Development that
does not provide a garage, or a place for one, with
each workingman's dwelling. Up-to-date housing
laws consequently, must give this matter careful
consideration.
For these reasons, the above provisions have been
formulated. They have been framed, as will be noted,
with great liberality. They allow one story private
garages to approach within 10 feet of the rear wall of
the dwelling and allow such garages to occupy the
space required to be left open as rear yard space in
Section 23. To illustrate: Let us take the case of a
3-story dwelling on a lot 100 feet deep. Let us assume
the owner desires to set back his house 25 feet from
the front line; under the provisions of Section 23 he
would have to leave a rear yard of 20% of 75 feet
(the depth of lot less the set-back) or 15 feet. This,
however, can be measured to the middle line of his
1 6-foot alley. He would have to leave therefore a rear
yard of only 7 feet on his lot. He could accordingly
have a garage 20 feet deep at the rear of the lot —
leave a lo-foot rear yard between it and the house,
and have a dwelling 45 feet deep. While this seems
at first to be an inadequate back yard, it is not so in
reality. For, the rear rooms of the dwelling will open
upon an open space of 46 feet (lo-foot back yard,
plus over the top of the 2O-foot one-story garage,
plus 1 6-foot alley) and in all probability of 76 feet
if his neighbor at the rear develops his property in a
similar way.
NOTE 2: Obviously, these privileges should not be
granted to garages over one story high; for, buildings
higher than that at the rear of the lot would unduly
interfere with adequate light and ventilation of the
dwelling on the front.
There are a few cases, however, where a person of
means will want to have living accommodations over
the garage for his chauffeur and for the chauffeur's
family. This ought to be possible. It is accordingly
provided for. In such a case, however, the required
back yard cannot be measured to the middle line of
A MODEL HOUSING LAW §3!
the alley but must be left between the two buildings.
In the case cited under Note i, the only difference
that there would be if the garage were a 2-story one,
would be that the space between the rear of the dwell-
ing and the garage would have to be 15 feet instead
of 10 feet. It is apparent that this also is most liberal
treatment.
§31. ROOMS, LIGHTING AND VENTILATION OF.1 In every
dwelling hereafter erected every2 room3 shall have at least
one window, and preferably two windows,4 opening directly
upon the street, or upon a yard or court of the dimensions
specified in this article and located on the same lot, and
such window shall be so located6 as to properly light all
portions of such rooms. Ample provision for through or
cross-ventilation6 so as to insure free movement of the air
shall be provided in each room by means of transoms, doors,
or windows. The provisions of this section shall not, how-
ever, apply to rooms used as art galleries,2 swimming pools,
gymnasiums, squash courts or for similar purposes, pro-
vided such rooms are adequately lighted and ventilated by
ventilating skylights in the roof thereof.
p , NOTE i : This section taken with the sections regu-
lating the size of open spaces is the keystone of the
arch of the law. It is obvious that we should permit
no dark rooms to be built in future dwellings. Es-
pecial note should be taken of the phrase that the
open space is to be of the dimensions specified in this
article and also that it is to be located on the same lot.
NOTE 2: No room in which people live, not merely
one in which they sleep, should be dependent for its
sole light and ventilation upon a ventilating skylight.
Human beings need more than light and air. They
must have outlook. Rooms of the type described
are little better than prison cells, and yet notwith-
standing these considerations architects will be found
who wish to construct rooms of this type for servants.
It should not be permitted. In the case of private
dwellings there are types of rooms such as have been
enumerated in the last sentence of this section;
namely, art galleries, swimming pools, squash courts,
etc., where the requirement for a window might in-
132
§31 LIGHT AND VENTILATION
terfere with the primary purpose of the room. This
would certainly be the case with art galleries. It will
do no harm, therefore, to permit roof lighting and ven-
tilation in lieu of windows in such cases.
NOTE 3 : The question will be raised as to whether
this provision applies to pantries and clothes closets.
Neither of these is a room, and the law is not intended
to require windows in clothes closets. They would
be objectionable there. A window in a butler's pan-
try is very desirable but it is not always practicable
to provide it and such a provision in the law would
materially complicate the planning in many cases.
It is not advisable, however, to put into this section
a specific exception stating that windows are not re-
quired in butler's pantries and clothes closets, as it
might have the effect of suggesting to some of the un-
scrupulous architects who plan multiple dwellings a
method of evading the requirements with regard to
lighting of rooms by marking the rooms "closets" and
"pantries" for purposes of getting the plans passed
and then after the dwelling is erected, building dark
bedrooms. It can safely be left to the enforcing offi-
cials to distinguish between the bdna fide pantry or
clothes closet and the "fake" one.
NOTE 4: This is a new advance. No housing laws
heretofore enacted have required more than one win-
dow in a room. In most cases it is just as easy to
provide two windows as one. They are very much
needed for both light and ventilation. While the law
as worded does not outlaw a plan with only one win-
dow in a room, it "suggests" two. This will enable
the enforcing officials to require two windows in cases
where it is feasible.
NOTE 5: The requirement that the windows "shall
be so located as to properly light all portions of such
rooms" has been found necessary in some cities,
especially in the case of multiple dwellings where a
room is located with a window at the extreme corner
of it opening on some court with the result that there
are portions of the room which are too far removed
from the light and are dim and shadowy. This re-
quirement enables the enforcing officials to refuse to
approve the plans where such conditions exist. (See
Figure 23, next page.)
NOTE 6: This also is a new advance. In recent
133
A MODEL HOUSING LAW
§3i
years the science of ventilation has undergone radical
and revolutionary changes. As a result of careful
scientific study and experimentation we have come to
learn that "cubic air content" is of relatively little
STREET STREET
5AD U<jHTIN<* OF ROOM A ONE WAY
FIGURE 23
IT
moment, and that the important things are the reduc-
tion of high temperature, the avoidance of too much
moisture and especially free movement of the air.
The opportunity for "through" or cross-ventilation,
therefore, becomes of vital consequence. It is re-
markable the difference a transom over a bed room
door will make in the livableness of the room. The
best way to secure "through" ventilation of course
is to have windows in opposite or adjacent sides of a
room. This, however, is not always possible, espe-
cially in the case of multiple dwellings. Where this
is not possible, very good results are obtained by pro-
viding communicating doors between adjacent rooms,
when such doors are strategically located.
NOTE 7: It should be noted that the provisions of
this section will fully safeguard conditions where it is
permitted to cover over yards or courts, or a portion
of them, on the ground floor. Nothing in such per-
mission would give the right to construct rooms on
the ground floor which do not have windows opening
on an open space of lawful size.
NOTE 8: In some cities where owing to high land
values the necessity for concentrated housing exists,
types of multiple dwellings have been evolved in
134
§32 LIGHT AND VENTILATION
which there are on each floor one or several so-called
"interior apartments," which have all their rooms
opening either on a court or on the side yard. It is
believed by some that it is bad for people to live in
such homes, without outlook on either street or rear
yard. Certainly such apartments cannot have as
adequate ventilation as those on the street or yard.
If it is desired to prohibit these inside flats, the follow-
ing variation is suggested. Add at the end the fol-
lowing:
VARIATION: "In multiple-dwellings of Class A here- Variation
after erected there shall be no apartment, suite or group
of rooms which does not contain at least one room open-
ing directly upon the street or rear yard."
§ 32. WINDOWS IN ROOMS. l In every dwelling hereafter
erected the total window area in each room2 shall be at
least ONE SEVENTH of the superficial floor area of the
room, and the whole window shall be made so as to open in
all its parts.3 Such window area shall be of windows open-
ing directly upon the street, or upon a yard or court of the
dimensions specified in this article. At least one such
window shall be not less than twelve square feet4 in area
between the stop-beads. In multiple-dwellings hereafter
erected the top of at least one window shall be not less
than seven feet six inches above the floor.
NOTE i : This is an attempt to assure sufficient light Expiana.
and ventilation in all rooms. It will operate only in
the case of very large rooms or where an attempt might
be made to evade the law by constructing a long room
and later subdividing it. In this event .more ample
window space should be provided. It will be seen
at a glance that there is nothing in this section that
can be deemed a hardship by anyone. In the case
of a bed room of 90 square feet the window would
have to be a little over 12 square feet in area, which is
about the usual size. That would give a window 2^2
feet wide and 5 feet high.
NOTE 2: The provisions of this section are not in-
tended to apply to bath rooms and water-closet com-
partments. That subject is treated under Section 37.
135
A MODEL HOUSING LAW § 33
NOTE 3: The phrase "in all its parts" means that
the whole window shall open. If the window is a
"double-hung" sash, both halves must open fully.
If the window is a casement window or hinged sash,
the whole window will naturally open. Similarly,
if it is a pivoted sash.
NOTE 4: The establishing of 12 square feet as a
standard does not mean that a room cannot have
windows less in size than this but that there must be
at least one window of that size in a room. This
would permit such further ornamental treatment as
may be desired with oval or fan-shaped windows or
windows of irregular size, for architectural effect.
§33. ROOMS, SIZE OF.1 In every dwelling hereafter
erected all rooms, except water-closet compartments and
bath rooms, shall be of the following minimum sizes:
Every room shall contain at least NINETY square feet
of floor area; no room shall be in any part less than
SEVEN feet wide.2 Except that kitchenettes3 and cells4 of
jails may contain but fifty square feet of floor area, and be
not less than five feet wide. In multiple-dwellings of
Class A in each apartment, group or suite of rooms there
shall be at least one room containing not less than ONE
HUNDRED AND FIFTY square feet pf floor area.5
Exolana- NOTE i : Just as it has been found necessary to regu-
late the minimum dimensions of open spaces to fur-
nish light and ventilation, so it has been found equally
necessary to establish the minimum dimensions of
rooms, as it has happened that unscrupulous specu-
lative builders, especially in the case of tenement
houses, and in many cities also in the case of apart-
ment houses, have built rooms extremely small in
order to pack people in as closely as possible and thus
increase profits. The tendency has been especially
manifest in the case of servants' rooms in high-class
apartment houses, the theory having apparently been
that servants are not human. The standard of 90
square feet, as the irreducible minimum for all rooms,
whether bed rooms or any other kind, seems reason-
able. Outside of such cities as New York no objection
should be raised to this standard. In fact, it will be
found that most dwellings that have been erected in
§33 LIGHT AND VENTILATION
recent years have rooms considerably larger than this.
There will be one or two individuals, however, who
think this standard too high. It is misleading to con-
sider this question without a full realization of what a
room 90 square feet in area is like to live in, because in
many multiple dwellings the individual bedrooms are
really the living rooms of the persons who sleep in
them. It is especially so in tenements where as a
rule more than one person sleeps in each bedroom —
sometimes several people. A room 90 square feet
will seem a pretty good sized room on a plan, but the
room assumes less desirability when considered, as it
must be, with the various articles- of furniture in it
which are usually found there. Even a room 90
square feet in area after a clothes closet or wardrobe
has been built into it, thus taking 6 square feet of the
FIGURE 24
ROOM WITH FURNITURE IN IT
floor area away, seems less commodious when a double
bed, a bureau, a wash-stand, a chair, a small table,
and a trunk are placed in the room.
NOTE 2: It would seem that it should be unneces-
sary to impose a minimum width of room, but experi-
ence in several cities has shown that many architects
and builders have been willing to build rooms of the
most outrageous type — rooms that look more like
long corridors or sleeping-car effects than like living
rooms. These have been chiefly in tenement houses
or servants' rooms in apartment houses. In order to
prevent this it has become necessary to establish a
minimum beyond which they shall not go. Seven
feet is little enough.
NOTE 3 : The " kitchenette" apartment house is not
a desirable type of dwelling to encourage. From a
social and civic point of view it is bad for a community
137
A MODEL HOUSING LAW
§33
to have many buildings of this type; for, it makes it
too easy for young married people to avoid the respon-
sibilities of family life, and thus indirectly discourages
having children. Such buildings are quite unsuitable
for families in which there are children.
The type fills, however, a legitimate need in the
case of single women and men and older people whose
families have grown up. A few such buildings do no
harm but they should be discouraged as a general
type of development. In order to permit the kind
of "light housekeeping" that is a feature of buildings
of this class, it is necessary to permit in them " kitchen-
ettes" of small size. Fifty square feet with a mini-
mum width of five feet is quite as small as should be
FIGURE 25
NARROW SERVANT'S-ROOM
permitted, and as small as any legitimate interests will
desire.
NOTE 4: While it is desirable to afford prisoners
confined in institutions all the essentials of life, and
especially adequate light and air, it is obvious that it
is neither necessary nor desirable to require cells in
future penal institutions to be 90 square feet in
area. This would add unduly to the cost of such
institutions and is quite unnecessary for one-man cells.
NOTE 5 : The requirement that in the case of apart-
ment houses, flats and tenement houses there shall be
in each apartment one room containing 1 50- square
feet of floor area is for the purpose of insuring one liv-
ing room of a reasonable size to permit proper family
life. The law does not attempt to say which room this
shall be. That is left to the architect and owner.
The room may be the parlor or again it may be the
dining room or kitchen. In the case of tenements it is
of course obvious that it is unreasonable to require
.38
§34 LIGHT AND VENTILATION
each flat to have either parlor or dining room. The
ordinary tenement has neither. It is all the more im-
portant, therefore, in that class of buildings to have
the kitchen or living room a reasonable size.
§ 34. ROOMS, HEIGHT OF. No room in a private-dwell-
ing or two-family dwelling hereafter erected shall be in any
part less than EIGHT1 feet high from the finished floor to
the finished ceiling. Except that an attic2 room in such
private-dwelling or two-family dwelling need be but
EIGHT feet high in but one half its area, but at no point
less than SIX feet in height;, where, however, such attic
room contains a floor area of one hundred square feet
or more3 it shall be not less than SEVEN FEET SIX
INCHES high in one half its area, and at no point less
than FIVE feet in height. No room in a multiple-dwell-
ing4 hereafter erected shall be in any part less than nine
feet high from the finished floor to the finished ceiling.
NOTE i : With the increased cost of building which Explana-
has become so serious a factor in creating a housing j-jon
shortage throughout the country, especially since the
War, it has become increasingly important to reduce
the cost of the workingman's dwelling in every way
practicable, without unduly sacrificing essential re-
quirements of safety or sanitation.
No simpler or more effective way of doing this exists
than by reducing the cubage of the building; and the
easiest way of doing this is by reducing height. More-
over, the fashion of building in many parts of the coun-
try— a consideration which cannot wisely be ignored
—is for buildings of lower height. For these reasons it
seems wise to permit private dwellings and two-family
dwellings to-be built with rooms only 8 feet high. This,
however, is the irreducible minimum. The rooms would
be more livable and healthier; for, they will be cooler
in summer and will have more and better air and the
air will move more freely, if the rooms are higher —
either 8 feet 6 inches or 9 feet in height. In tropical
countries the high ceiling is essential. Where a ceil-
ing of such height can be obtained without going
counter to the well-established practice of a commun-
ity or without arousing too great opposition from
139
A MODEL HOUSING LAW § 34
builders and building interests, it is wise to follow the
higher standard. Some architects will seek even lower
standards than those in this section and will want to
be allowed to build rooms even as low as 7 feet and 7
feet 6 inches in height. This ought not to be per-
mitted under any circumstances. Eight feet is the
irreducible minimum.
NOTE 2: The question will arise as to attic rooms
and in many communities it will be strongly desired
to permit the erection and use of attic rooms which
have not the required height. Attic rooms are seri-
ously objectionable and entirely unnecessary in mul-
tiple dwellings of any kind. They certainly need
not be permitted in such buildings. When it comes
to private dwellings however, the case is different. Un-
less all private dwellings are to be flat-roofed buildings
the attic room becomes a necessity. If not permitted
the peaked and gabled roof types of buildings would
disappear. As the majority of private-dwellings
throughout the country are of this type, any housing
law that claims to be practical must take this consider-
ation into account.
All that we need to do is to make sure that no attic
room of undesirable type shall be built. That means
that we must insure an adequate height throughout the
living portions of the room to insure proper ventilation
and reasonable comfort in use. The room must not be
so low in any part which is to be used, that people can-
not move freely around in it without bumping their
heads, nor must the bed be set up close under the eaves
so that the head of it is too close to or touches the
ceiling or rafters. A sufficient supply of air cannot be
afforded the sleeper under such conditions.
These conditions are obviated by the requirement
that an attic room shall not be less than 6 feet in height
at any point.
NOTE 3 : Where, as often happens, an attic room is
made much larger than the minimum sizes laid down
in the Model Law, so that practically a room of the
minimum size is provided of the full height required by
the law, it is apparent that it is only reasonable to
allow what may be termed the additional room space
voluntarily left to be of a less height. There are limits,
however, to which this privilege may wisely be ex-
tended. It has been sought in this section to safeguard
140
§35 LIGHT AND VENTILATION
these conditions while at the same time granting every
privilege which should be granted.
NOTE 4: There is no legitimate reason for rooms of
low height in multiple dwellings. In tenements
especially, high rooms are essential. In many of these
occupied by the more ignorant alien groups, where
habits of keeping windows open have not yet been
acquired, and where as a rule many people occupy a
very limited space, and where the practice of taking in
lodgers or roomers so often prevails, rooms with a
greater ceiling height are an absolute necessity. In
other classes of multiple dwellings, apartment houses,
hotels, etc., rooms 9 feet in height will be found to be
very advantageous. The necessity for reducing cost
by reducing the total height of the building is not so
controlling here; for, there is a sufficient margin of
profit not to make this reduction in cost a matter of
much moment. As a matter of fact, all hotels and
most apartment houses would have 9-foot ceilings or
higher ones, were there no law on the subject.
§35. ALCOVES AND ALCOVE ROOMS. l In a dwelling here-
after erected an alcove in any room shall be separately
lighted and ventilated2 as provided for rooms in the fore-
going sections. Such alcove shall be not less than N INETY
square feet in area.3 No part of any room in a dwelling
hereafter erected shall be enclosed or subdivided4 at any .
time, wholly or in part, by a curtain, portiere, fixed or
movable partition or other contrivance or device, unless
such part of the room so enclosed or subdivided shall con-
tain a separate window as herein required and shall have
a floor area of not less than NINETY square feet.
NOTE i : This is a vitally important section. Un- Explana
less enacted as drawn, all of the provisions of the law tion
which seek to secure adequate light and ventilation
in rooms will go for naught because windowless rooms
without light or outside ventilation will be constructed
in large numbers in the guise of "alcoves/' The his-
tory of the experience of various cities on this point
is instructive. In New York in 1901, in the desire
to meet the views of architects building high-grade
apartment houses, an attempt was made to permit
alcoves and a provision was formulated by the then
141
A MODEL HOUSING LAW § 35
Tenement House Commission seeking to do this and
at the same time to safeguard the situation against
the evils of dark rooms. It was provided that
"where any room adjoins another room and has 80
per centum or more of one entire side open to
another room and there is no door between, it shall
be considered as part of the said room. Under other
circumstances every alcove shall be deemed a sepa-
rate room for all purposes within the meaning of this
act."
Immediately the speculative builders building cheap
tenement houses took advantage of this provision to
break down the requirements prohibiting dark and un-
ventilated rooms. Plans were filed for new tenement
houses showing one room in an apartment with win-
dows opening directly to the outer air and then as
many as three alcoves opening from each of the other
three sides of it; each alcove complying strictly with
this provision, having more than 80 per centum open
to the outer room. The alcoves so constructed were
to be used as bedrooms, adjoining the one light room.
Thus at one step, the most serious evils of the type
of tenement built forty years before were returned to.
The law under such circumstances was manifestly
impossible. It was at once amended at the earliest
opportunity, but not before a few of these objection-
able tenement houses had been built. The amended
provision was more simple. It said "alcove rooms
must conform to all the requirements of other rooms/'
Even this amendment, which was thought to be clear-
cut, definite and comprehensive did not turn out
to be judge-proof! It would have seemed that un-
der the terms of this provision it should not have
been possible to evade the law and construct dark
rooms in new tenements in the guise of "alcoves,"
but it was attempted; the public authorities at once
brought legal proceedings to restrain it, and then a
Supreme Court judge handed down a decision in which
he sustained the attempt at evasion, the chief ground
of this decision being that an "alcove" was a differ-
ent thing from an "alcove room" and that the law
did not deal with alcoves but with alcove rooms.
Nothing short, therefore, of the concise, definite,
categoric, and comprehensive language used in Sec-
tion 35 is adequate to deal with this question. Where
142
§35 LIGHT AND VENTILATION
similar provisions have been enacted it has not been
found possible to find loopholes in them.
NOTE 2: The great objection to an alcove is that it
is bound to be used as a separate room no matter to
what extent it may adjoin another room nor how great
an opening there is between them to permit light and
air to enter. At best the room is sure to be too far
away from the source of light and air and is sure to be
shut off from the other room, if not by partitions then
by curtains or portieres. This type of construction
is in some respects worse than if a solid partition had
been erected with nothing but a door in it and a to-
tally dark room constructed, as the curtains or por-
tieres are germ catchers and in the ordinary flat are
seldom removed or cleaned. A permanent partition
does not have these objectionable qualities. The
chief objection, however, to this plan of construction
is that it is sure to result in people sleeping or living in
rooms that do not have adequate light and ventila-
tion.
NOTE 3: It should be carefully observed that noth-
ing in this section prohibits the alcove treatment of
rooms, which is often desired because of architectural
effect. The architect is still free to utilize such treat-
ment but with the important proviso that the alcove
must have its own independent source of ventilation
to the outer air and must not be less in size than
the minimum size prescribed for rooms; namely, 90
square feet. This is no hardship as long as an archi-
tect knows in advance what he can do and what he
cannot do and can adapt his plans accordingly.
NOTE 4: That the fear of alcoves being improperly
used and dark rooms being created is not a fanciful
one, is shown by the experience of the city of Brooklyn
during one of the periods alluded to in Note i , when
for a year or more the builders in that city constructed
what were known as "wardrobe flats." Their scheme
to beat the law was simple and ingenious. A builder
would file a plan showing a flat two rooms in depth,
each room 1 1 feet wide by about 30 feet long. One
room would be marked "parlor" and the other "kit-
chen." In view of the wording of the law at that
time, the public authorities were forced to accept
these plans — though they had their suspicions as to
what was contemplated — as each one of the rooms
A MODEL HOUSING LAW § 35
complied with the law, having windows to the outer
air, one opening on the street, the other on the rear
yard. What happened, however, was this: After the
buildings were finished a wardrobe extending from
FIGURE 26 FIGURE 27
"WARDROBE FLATS"
the floor to the ceiling was erected half way down each
of the rooms, in the rear room serving as the kitchen
dresser and in the front room serving as a general
clothes closet; these wardrobes extended entirely
across the room in a direction parallel to the front and
144
§ 36 LIGHT AND VENTILATION
rear walls of the building, leaving the usual space for
a passage way, practically a door opening, at one side.
By this simple device the builder had created four
rooms out of two and had two dark bedrooms in each
flat. Fifty per cent of all the rooms were windowless
and without either light or air, thus returning to the
worst type of house that had been erected in that city
and which had been outlawed some thirty years back.
The houses were rented as "wardrobe flats/' The
tenants of course did not know what had happened.
Finding the flats for rent and seeing a certificate from
the city department that the buildings complied with
the law, as they did before these wardrobes were
erected, they rented the apartments. So skilful did
the builders become in this device that they even
went one step further and hinged these wardrobes so
that when the city inspector should come to inspect
the apartment the wardrobes would be swung back
against the kitchen or parlor wall as the case might
be and thus be held to be a piece of movable furniture
and not a permanent partition. The drawings on
page 144 show clearly what was done. Figure 26
shows the plan as filed and approved. Figure 27
shows the changes that were made by the installa-
tion of the wardrobes.
NOTE 5 : Care should of course be taken in enforc-
ing this section, that it should not be done in a tech-
nical way, resulting in absurdities. Small recesses in
rooms which are solely for architectural treatment,
shallow in depth and not extending back from the
wall more than a few inches, sometimes for the pur-
pose of placing a piano, should of course be permitted.
Common sense must be used in the enforcement of
this section as well as in the whole law. The test is
whether these slight recesses are susceptible of treat-
ment as a separate room. If so, they should not be
permitted. If the recess is very slight and cannot
be used for a bed or couch or in any other way as a
separate room it can do no harm to permit it. This
is not a question that can be dealt with in the statute.
It must be left to the intelligent interpretation of the
law by the enforcing officials.
§ 36. PRIVACY.1 In every dwelling hereafter erected,
access to every living room and to every bedroom and to
10 ,45
A MODEL HOUSING LAW
§36
at least one water-closet compartment shall be had with-
out passing through a bedroom. " Passing through a
bedroom" shall not, however, be construed as applying to
access from a bedroom to an adjoining private bath room
or communicating bath room.2
Explana-
tion
NOTE i : This does not mean that there must be a
private hall provided for each apartment in multiple
dwellings. It means that the rooms shall be so ar-
ranged that access to the bedrooms and to at least one
water-closet compartment shall be either through the
kitchen, parlor, library, dining room, or private hall
if there is one. Nor does it mean that where there
are- several bath rooms and water-closet compartments
access to every one of these shall be had without pass-
ing through a bedroom, but that there shall be at least
one water-closet to which access may thus be had.
This provision is made especially necessary in the case
of tenement houses, because of the practice of tenants
taking lodgers and boarders into their apartments.
NOTE 2: This provision does not mean that a bed-
room cannot adjoin a water-closet or bath room and
have direct access to it. It simply means that people
not utilizing that bedroom shall not have to pass
through it to get to the water-closet. The following
sketch shows what is meant. Access from bedroom
No. i to the water-closet is lawful. Access from bed-
room No. 2 through bedroom No. i is unlawful.
PLAN
PLAN
CORRIDOR. .
"\ 1 "\"
BEDROOM 6FDROOM
r~
ID
1 W l
£XW,-
IWI
STREET-
HOTEL ROOMS
FIGURE 28
146
(-J
'BATH
o
a
BED/PI
ROOM
BED*
ROOM 2
K ITCH EH
PARLOR,
ROOMS IN A FLAT
UNLAWFUL
§ 37 LIGHT AND VENTILATION
§ 37. WATER-CLOSET COMPARTMENTS AND BATH
ROOMS, LIGHTING AND VENTILATION1 OF. In every dwell-
ing hereafter erected every water-closet compartment
and bath room3 shall have at least one window opening
directly2 upon the street, or upon a yard or court of the
dimensions specified in this article and located on the same
lot. No such window shall be less in size than THREE4
square feet between stop-beads, and the aggregate area
of windows for each water-closet compartment shall be not
less than SIX square feet between stop-beads. Every
such window shall be made so as to open in all its parts
and shall be so located as to properly light the room in
every part. Nothing in this section contained shall be con-
strued so as to prohibit a general toilet room5 containing
several water-closet compartments separated from each
other by dwarf partitions, provided such toilet room is ade-
quately lighted and ventilated to the outer air as above pro-
vided, and that such water-closets are supplemental to the
water-closet accommodations required by the provisions
of section forty-seven. If located immediately beneath a
roof, a ventilating skylight6 open to the sky with an open-
ing not less than six square feet in area in each water-
closet compartment may be used in lieu of the windows
above required.
NOTE i : This is an important phase of house plan- Explana-
ning concerning which many of our American archi- tion
tects need to be educated. Many of them apparently
do not realize the vital importance of light and es-
pecially the germicidal effect of direct sunlight in
water-closets, particularly in the homes of the poor.
The importance of direct sunlight in water-closet com-
partments in all classes of buildings cannot be over-
stated. In tenement houses and single-family houses
in which poor people dwell the greatest abuses are
generally found in the dark water-closet. Conditions
here are as a rule indescribable. It is because of this
that most sanitary authorities have for years pro-
hibited cellar water-closets. Even in the home of the
educated and well-to-do person direct sunlight is es-
sential in the water-closet and bathroom. If there is
147
A MODEL HOUSING LAW § 37
sickness in the family here is the danger of contagion,
especially in cases of tuberculosis, typhoid fever, and
so on, as the slop emptyings will take place in the
bath room.
NOTE 2: Equally important is the ventilation of
such rooms directly to the outer air. Apparently
few architects -as yet know of the recent discoveries
with regard to the principles of ventilation, which
have completely reversed much that had previously
been held on this subject. The average architect,
it would seem, has not heard of the two vital principles
necessary to insure proper health; namely, the pre-
vention of excessive temperature and constant move-
ment of the air. The best means of renewing the air
is by a window. The only satisfactory method of se-
curing movement of air is also by windows. No arti-
ficial system of ventilation that has been devised is
equally satisfactory even when well installed and care-
fully managed and supervised. So far as tenement
houses, flats and apartment houses are concerned,
the building community has apparently become ac-
customed to the requirement that water-closets in
such buildings shall have direct means of ventilation
to the outer air, but even here there are architects
who would wish to construct water-closets entirely
without such means, relying upon artificial light and
artificial systems of ventilation. It will not do, how-
ever, to permit any such sanitary standards to be
adopted.
NOTE 3 : This subject assumes especial significance
in the case of the modern high-class hotel, in which
practically every bedroom is provided with its private
bathroom. A saving of space will undoubtedly re-
sult and the building can be planned with much greater
ease and will present fewer problems to the architect
if he can construct his bathrooms away from the outer
walls and without direct ventilation. As the result of
such saving of space more rooms can be provided and
larger profits secured for the investor. The question
is, therefore, in such buildings an important economic
one. But the disadvantages of such a method of con-
struction from a sanitary point of view far outweigh
the commercial advantages. What determines the
decision in this matter is not whether the investor can
secure increased profits by this method of construc-
148
§37 LIGHT AND VENTILATION
tion but whether the prohibition of the objectionable
method of construction will have the effect of making
it impossible to construct a building of this kind and
have it commercially profitable. No one claims this
nor could such claim be effectively sustained. There
have been too many modern hotels of the very highest
class erected in recent years in pur largest cities where
each bedroom has its own private bathroom and
where every bathroom has direct outside ventilation
to make any such claim tenable for a moment. From
a sanitary point of view it is especially important
that bathrooms and water-closets in hotels should
have direct outside ventilation. The hotel from the
point of view of spreading disease is far more dan-
gerous than any other class of building because of its
transient occupancy. A guest occupies a room; the
landlord does not know that the guest is suffering from '
tuberculosis; he may be careless with his sputum and
deposit it on the floor of the bathroom. If the bath
room is an "inside" room, there is no opportunity for
the sunlight or air to get at the germs and kill them.
Similarly with every communicable disease. The in-
side bathroom is objectionable from another point of
view, in that it means excessive heat and no movement
of air; that is, it presents the two methods of bad
ventilation which are considered by present-day ex-
perts as representing the worst forms of the problem.
No matter what system of artificial ventilation is pro-
vided, there is no adequate means of frequent re-
newal of the air nor any means of reducing excessive
heat, owing to the steam vapor that arises from the
hot water supply when a hot bath is drawn. The
room is apt to hold for a long time an excessive amount
of moisture and high temperature, all of which have a
debilitating and injurious effect upon the system. In
winter if the steam pipes run through such an inside
bathroom it is practically impossible to cool it and it
becomes extremely uncomfortable for the occupant
of the room who is compelled to use it. For all these
reasons there should be no hesitation whatever in
opposing any plea for permission to construct inside
bathrooms or water-closets in future hotels. Archi-
tects and owners of projected hotels will be most in-
sistent in demanding the privilege of using "inside"
bath rooms, claiming that artificial ventilation is
149
A MODEL HOUSING LAW § 37
adequate and pointing to the very general practice of
constructing hotels in this manner in most of our
cities.
While it is true that many modern hotels have been
constructed in this way, it is because there are larger
profits to be had thereby. The method has until
recently not been prohibited because no one has
given any attention to the subject; nor, have housing
laws until very recently applied to hotels, and archi-
tects have accordingly been free to do as they pleased.
One of the chief objections to any artificial system
of ventilation is that, no matter how well it is planned,
its success is dependent upon the degree of faithful-
ness with which the fans are operated. The almost
universal experience is to find the hotel management
stopping the fans, in order to save power, coal and
* money.
A ventilating system which doesn't ventilate is not
of much use. And no artificial system will ventilate,
if the fans aren't kept running. We know of no de-
vice of legislation that will secure this result. Wher-
ever an artificial system is installed, one is dependent
on the good faith of the management to keep it run-
ning. For, it would take an army of inspectors to
enforce such a requirement.
Even where an artificial system of ventilation venti-
lates, it cannot provide either light or sunshine in the
bath room. And both are essential.
If, in the face of all that has been said as to the
undesirableness of "inside" bath rooms in hotels, it
is desired as a matter of expediency to permit them,
the following Concession is suggested. Add at the
close of the section the following:
Concession CONCESSION: "The above provisions shall not apply
to hotels hereafter erected, as defined in paragraph four of
section two, which have a system of forced ventilation so
constructed and operated as to entirely change the air in
every bath room and water-closet compartment once in
every seven minutes/'
No such concession should for a moment be con-
sidered for anything but the modern high-class hotel.
Some architects may want to adopt the same system
in high-class apartment houses. This should not be
150
§37
LIGHT AND VENTILATION
tolerated. No city in America permits this, or has per-
mitted it for 20 years or more. Even New York with
its excessive land occupation, its high land values, and
its host of sky-scrapers has never permitted it. There,
even in apartment houses 1 50 feet high, where every
bed room has its private bath room, bath rooms have
to be "outside," or on the outer wall of the building.
If this can be successfully required in New York, it is
surely a standard that can be easily maintained in all
other cities of America.
NOTE 4: It should be noted that the minimum area
of window space required is 6 square feet. The prac-
tice heretofore has been to construct windows of
bath rooms and water-closet compartments too small.
Such small windows do not afford sufficient light or
ventilation. There is no difficulty at all in construct-
ing larger windows. It is simply a case of following
the custom. From an architectural point of view the
appearance of the front of the building is greatly im-
proved by having the bath room windows correspond
to the other windows of the dwelling in size and ar-
rangement. This is easily possible as bath rooms are
always of sufficient width to permit it. The extra
cost is but slight, as windows are generally as cheap as
wall. This section does not permit any window less
than 3 square feet. It requires 6 square feet of win-
dow surface in the bathroom or water-closet. The
required window area may be in one window or in two.
NOTE 5: In hotels and similar multiple dwellings
it is quite common to have general toilet rooms on the
ground floor, or in the basement or cellar, or on some of
the upper stories for the use of guests and the public.
FIGURE 29
Unless special provision were made in this section,
as is done in this sentence, it would not be possible
151
A MODEL HOUSING LAW §38
to have these general toilet rooms, as each water-
closet compartment would have to be provided with
a separate window. This is not necessary where a
general toilet room is adequately lighted and ven-
tilated to the outer air and where the individual
toilet compartments are separated by dwarf partitions.
This exception as to the method of lighting and ven-
tilating water-closet compartments in no way affects
the requirement that in certain kinds of multiple
dwellings, namely, tenement houses, flats, and apart-
ment houses, each family shall -have its own private
water-closet located within the apartment. This is
governed by the provisions of Section 47.
NOTE 6: It frequently happens, especially in the
case of hotels, that it is desired to locate a group of
water-closets at the bottom of a court which is covered
over on the ground floor in this way and using as a
roof to the water-closet compartment a ventilating
skylight. Such a method of construction will pro-
vide adequate light and ventilation and should be
permitted.
§ 38. PUBLIC HALLS.1 In every dwelling hereafter erected
every public hall shall have at each story at least one window
opening directly upon the street or upon a yard or court
of the dimensions specified in this article and located on
the same lot. Such window shall be at the end3 of said
hall with the natural direction2 of the light parallel to the
hall's axis. Any part of a public hall which is offset or
recessed4 or shut off from any other part of said hall shall
be deemed a separate hall within the meaning of this sec-
tion and shall be separately lighted and ventilated.
Explana- NOTE i : The evils of dark public halls, especially
tion in tenement houses, can hardly be overstated. Dark-
ness and dirt usually go hand in hand. This is es-
pecially true of the public parts of a building used
in common by many individuals and with the re-
sponsibility for their care divided among several
people. Where the light streams in, conditions of
filth are seldom found as people are ashamed of such
conditions when they are visible to themselves and
to others. From the point of view of danger from the
spread of communicable disease, light public halls are
152
§38 LIGHT AND VENTILATION
equally necessary. The germs of tuberculosis cannot
live in strong sunlight more than a few moments, but
have singular persistency in damp or dark places and
live for a long time. From the point of view of pub-
lic morals, dark public halls are equally objectionable.
To them are directly traceable in numerous instances
cases of grave immorality. Being open to the street
as they are in the ordinary tenement house, they are
entered by tramps and other irresponsible persons
and all sorts of nuisances are frequently committed.
NOTE 2: The phrase "natural direction of the
light" may seem puzzling at first. In the case of
light coming from an inner court there is no natural
direction of the light, as all the light comes over the
roof. In the case of an outer court, however, the
natural direction of the light is a line parallel to the
axis of the court; that is, at right angles to the open
end of the court.
NOTE 3: This provision will be held to be drastic
by architects who are planning hotels, as the effect of
it is to require a window at the end of the public hall
so that the light and air may stream through all its
parts, instead of permitting a window at one side.
The reason for this is that the light that is thus re-
ceived will light only a short part of the hall, nor will
such a window permit free movement of the air.
What is desired is light that will light every portion of
the hall, and ventilation which will permit the air to
blow through the hall and blow out all foul odors and
completely renew the air. This is especially neces-
sary in hotels where the public halls, as a rule, re-
ceive the foul air from the numerous bedrooms open-
ing upon them. Owing to the transient nature of the
occupancy of hotel rooms and the increased danger of
the transmission of communicable disease, the public
hall becomes a special danger-point in buildings of this
class. Heretofore the usual type of public hall in
the high-class hotel has been one that is quite dark,
depending chiefly on electric light for its light and
on artificial ventilation for its air. Such halls are as
a rule stuffy and filled with odors. Recently hotel
proprietors have begun to see the unwisdom of this
type of construction and are providing better lighting
and ventilation. The diagram on the next page shows
the method of lighting and ventilating public halls made
153
A MODEL HOUSING LAW
§38
compulsory by this section (Figure 30), while Figure
31 illustrates the method of side lighting which is
frequently employed and which is forbidden by this
section.
IV/ATORS
XIXH
ROOM
PUBLIC HALL
ROOM
[j PUBLIC HALL
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM
'
As IT SHOULD BE
FIGURE 30
STREET OR COURT $ ^
EVATOK5
XMH
*OOM
STREET
PUBLIC HALL
ROOM
EOOM
PUBLIC HALL
ROOM
ROOM
ROOM
ROOM
ROOM
ROOM,
ROOA\
ROOAV
ROOM
ROOM
ROOM
1
S
PUBLIC HALL
I
1
o
£
|
1
£
STREET
THE USUAL HOTEL CORRIDOR
UNLAWFUL
FIGURE 31
NOTE 4: Particular objection, especially in the case
of hotels, will be made to the last sentence of this sec-
tion which requires any portion of a public hall run-
ning at an offset from the main hall to be treated as a
separate hall and to be separately lighted and ven-
tilated. In the case of hotels this involves a sacrifice
of floor space, as is at once seen by reference to
the diagrams. Figure 31 shows the ordinary type
of public hall frequently found in the modern high-
class hotel. It will be seen that even where the main
hall is properly lighted and ventilated by a window
at the end, there are what may be termed side corri-
dors giving access to numerous rooms which run in a
direction at right angles to the main corridor and
which have no means of light and ventilation other
than artificial ones. It is definitely intended by this
section to make this type of construction impossible
in the future.
It will at once be seen that this involves a material
154
§ 38 LIGHT AND VENTILATION
sacrifice of floor space, yet if we are to have really
proper ventilation and lighting of public halls in
hotels nothing else can be permitted.
These considerations will not be found to apply to
the same extent in other classes of buildings; in the
case of both apartment houses and tenement houses,
the plan will naturally be so arranged as to do away
with long public halls because of the waste of space
involved in such arrangement. In private dwellings
and two-family houses there will be no public halls;
the halls will be private halls and this section will
therefore not apply to them.
If it is desired to make concessions to the persons
interested in building hotels the following modification
can be employed, although any change in this respect
is advised against. Add at the end of the section the
following:
CONCESSION i : "This section shall not apply to hotels Concession
hereafter erected, as defined in paragraph four of section
two, provided the public halls are lighted by electric light
and ventilated adequately by a system of forced venti-
lation."
NOTE 5 : If it is not desired to go as far as this, but
to require some ventilation to the outer air and yet ob-
viate the disadvantages of loss of rentable floor space
resulting from the requirement that the window shall
be at the end of the hall, the following Concession will
undoubtedly be approved by those opposing the re-
quirement as originally written. If it is desired to
make similar concessions in the case of high-class apart-
ment houses, this Concession 2 will be found most
adapted to that purpose.
CONCESSION 2: "In the case of hotels hereafter erected, Concession
as defined in paragraph four of section two, in lieu of the
requirement for one window at the end of each hall, there
may be windows located at the side of such hall, provided
there shall be at least one such window in every twenty
feet in length or fraction thereof of said hall; and each
such window shall open directly upon the street or upon a
yard or court of the dimensions specified in this article and
located on the same lot."
155
A MODEL HOUSING LAW § 39
§ 39. WINDOWS AND SKYLIGHTS FOR PUBLIC HALLS. In
every multiple-dwelling1 hereafter erected one2 at least of
the windows provided to light each3 public hall or part
thereof, located as required by section thirty-eight, shall
be at least TWELVE square feet in area measured between
stop-beads. In every multiple-dwelling hereafter erected
there shall be in the roof directly over each stairwell, a
ventilating skylight4 provided with ridge ventilators having
a minimum opening of FORTY square inches, or such
skylight shall be provided with fixed or movable louvres.5
Explana- NOTE i : It should be observed that this provision
for ventilating skylights applies only to public halls.
It also does not apply in the case of private dwellings
and two-family dwellings.
NOTE 2: This provision does not prevent any num-
ber of windows of a less size than the size prescribed
if it is desired to have round, oval, or other -shaped
windows for architectural effect. All that it requires
is that there shall be at least one window of the re-
quired size in each public hall.
NOTE 3 : This limitation as to minimum size applies
to each public hall; that is, to the hall at every story.
NOTE 4: It may be thought by some that if a pub-
lic hallway is thus adequately provided with windows,
a ventilating skylight in the roof is unnecessary. This
view is erroneous. A ventilating skylight is needed
in addition to the window ventilation for two reasons.
First, in tenement houses and also in many flats,
apartment houses, and even in hotels, hall windows
will not always be left open with sufficient frequency
to renew the air. The ventilating* skylight insures
always a certain amount of ventilation and the carry-
ing off of the vitiated air. Second, the ventilating
skylight is an important element in case of fire as it
will allow the smoke and flames to be vented at the
roof and will thus have a tendency to prevent the fire
from "mushrooming" out on each floor and spreading
laterally into the apartments and rooms.
NOTE 5 : It will not do to require the louvres in the
skylight to be fixed because in the case of a steam-
heated hall this would mean the loss of all the heat.
The law gives the owner the option of using either
fixed or movable louvres. The louvre is a slat sim-
§4O LIGHT AND VENTILATION
ilar to those often seen in a church belfry. The
amount of opening of 40 square inches provided in the
ridge ventilator will be found to be very small and
will not in any way interfere with the plan of maintain-
ing steam-heated halls where that is desired, and yet
this amount of opening will insure a certain amount of
continuous and permanent ventilation of the hall.
§40. WINDOWS FOR STAIR HALLS, SIZE or.1 In every
multiple-dwelling hereafter erected there shall be provided
for2 each story at least one3 window to light and ventilate
each stair hall which shall be at least TWELVE square
feet in area, measured between the stop-beads and shall
open on the open spaces required by section thirty-eight.
A sash door,4 opening on similar open spaces, shall be
deemed the equivalent of a window in this and the two
foregoing sections, provided that such door contains the
amount of glazed surface prescribed for such windows.
NOTE i : This provision applies to stair halls and is Explana-
intended to secure separate and adequate means of tion
lighting all stair halls irrespective of the means of
lighting and ventilation provided for the public halls.
The same considerations which apply to the mainten-
ance of light conditions in public halls apply equally
to stair halls with the additional fact that a light stair
hall is essential if the stairs are to be used as a means
of egress in case of fire.
NOTE 2: It should be noted that this requirement
does not necessitate the window of the stair hall being
at or on each story, but there must be one such
window for each story; that is, the window may be
on the stair landing, half way between the two stories
throwing its light both up and down the stairs. This
is an excellent type of construction and should be per-
mitted.
NOTE 3 : This provision does not interfere with the
use of small oval, round or other irregular-shaped
windows that may be desired for architectural treat-
ment. All that it requires is that at least one window
for each story shall be of the minimum size provided.
NOTE 4: It is often desired to use a French window
treatment for architectural effect, also to use sash
doors. Both of these forms of construction should be
157
A MODEL HOUSING LAW §4!
permitted provided the adequate amount of lighting
and ventilation can be secured.
NOTE 5: If it is desired to make concessions to
hotels as outlined in Section 38, then the following
Concession should be added here to the end of this
section.
Concession CONCESSION: "This section shall not apply to hotels
hereafter erected, as defined in paragraph four of section
two, provided the stair halls are lighted by electric light
and ventilated adequately by a system of forced ventila-
tion, and that such lighting is maintained both day and
night."
§ 41 . OUTSIDE PORCHES. l In dwellings hereafter erected
outside porches shall not be so located or constructed as to
interfere with or diminish the light or ventilation re-
quired by this act. - The term "outside porches" shall
include outside platforms, balconies and stairways. All
such outside porches shall be considered as part of the
building and not as part of the yards or courts or other
unoccupied area.2
Explana- NOTE i: In a number of cities the outside porch
has become more or less of a fixed habit. Such
porches on the ground floor at the front or rear of a
private dwelling are as a rule unobjectionable. Al-
though they do to some extent darken the rooms from
which they open, there are in such houses as a rule
other windows for the rooms in question additional
to those required by law. It will of course not do to
prohibit outside porches. Wheji extended up in the
air, however, the outside porch becomes a serious evil.
This, unfortunately, has become a firmly established
type of construction in a number of cities, both in the
case of two-family dwellings and also in tenements
and flats. It is a common feature of the "three-
decker," which is usually provided with a system of
outside wooden balconies connected with wooden
stairs at the rear of the building. The type is objec-
tionable from a number of points of view. In the
first place, the wooden balconies frequently extend so
far from the rear wall of the building that they greatly
darken the living rooms opening upon them, thus
.58
41 LIGHT AND VENTILATION
creating one or more dark or dim rooms on each floor.
They are also very unsightly as they become a sort of
"lumber room" and have stored on them the numer-
ous articles that accumulate in a household. Here
may be seen refrigerators, rocking horses, step-ladders,
pails, baskets, boxes, and so forth. Being of wood and
connected with wooden stairs and containing these
accumulations of inflammable material, they are a
distinct source of danger in case of fire. In parts of
the country where the weather is severe in the winter,
the outside porches are frequently enclosed with
glass and wooden partitions throughout five months
of the year and in some cities are kept enclosed prac-
tically throughout the year. The result is that the
rooms from which they open, which were erected as
outside rooms and intended to have direct sunlight
and fresh air, are deprived of both.
The one advantage claimed for this type of con-
struction is that it enables people to sleep out of doors
and to live out of doors more than they otherwise
would. This is to some extent true. Careful obser-
vation, however, does not bear out the contention
that these balconies are used to any great extent as
sleeping porches nor do the members of the household
use them much for living purposes in the day time ex-
cept in the hottest summer months.
It is obvious that there is little use in setting down
in the law with minute care the sizes of open spaces
upon which rooms may open and the minimum di-
mensions of the rooms themselves in order to furnish
proper light and ventilation to the people living in
them, if at the same time it is possible to render nuga-
tory all of these effects by the erection on the outside
of the building of what is practically another room,
shutting off light and air and thus turning outside
rooms into inside rooms with neither proper light nor
ventilation.
It should be observed that this section does not
prohibit the use of outside porches or stairs, but does
require that they shall not interfere with the lighting
and ventilation of rooms and halls.
NOTE 2: If Concession i noted in Subdivision 16
of Section 2 is made, the following Concession should
be made here. In the last sentence after the word
"porches" insert a comma and add the following:
159
A MODEL HOUSING LAW
4IA
Concession
CONCESSION: "except as otherwise provided in sub-
division sixteen of section two,"
Variation
WALL-BEDS. In recent years there has been coming into
vogue in a few cities — fortunately as yet only in a few
and to a very limited degree — a type of house which is
fraught with very great social and civic consequences.
This is the so-called "kitchenette apartment" — a building
in which rooms are rented out singly or as "two rooms
and bath." By utilizing a folding bed which disappears
into a specially prepared "hole in the wall/' one room is
made to serve as two and sometimes as four. It serves
as parlor and dining room by day and bedroom by night.
Ingenious devices have been invented by which the fold-
ing bed is camouflaged as a mantelpiece in one case, in
another as a sideboard or china cabinet or book-case. In
some instances the bed swings up into a pocket in the ceil-
ing, but generally into a closet in the wall. Very recently,
a new form of revolving closet has been devised which
turns on a sort of turnstile device so that one side of it
serves as the space for the disappearing bed, another serves
as a kitchen cabinet, a third as a dining room dresser, and
the fourth as a living room book-case.
Irrespective of the broad question of social policy that
is involved in the development of these types of homeless
homes, there are sanitary evils that are involved in the
wall-bed that should be dealt with. Beds folded into a
dark pocket in the wall with all their bedding soon become
unsanitary and a breeding place of vermin. The least re-
quirement that can be imposed is to insist that the bed-
closet shall be ventilated to the outer air.
If it is desired to enact such a requirement the following
Variation is suggested:
VARIATION: § 41 A. WALL-BEDS. In every dwelling
hereafter erected every closet or other space used to re-
ceive a bed or device for sleeping, shall have at least one
window of such size and opening as provided for water-
closets and bath rooms in section thirty-seven.
1 60
§§42,43
SANITATION
TITLE 2
SANITATION
§ 42. CELLAR ROOMS.- In dwellings hereafter erected no
room in the cellar shall be occupied for living purposes.
NOTE: Outside of the city of New York there is no £xpiana.
city in the United States where it is necessary be-
cause of high land values and the pressure of popula-
tion to permit new dwellings to be constructed with
living accommodations in the cellar. Even under
the best conditions cellar dwellings are injurious to
humanity and should not be tolerated in future build-
ings. Cellars should be clearly differentiated from
basements. For further discussion of this matter
see notes under Section 2, Subdivision 13.
§ 43. BASEMENT ROOMS. In dwellings hereafter erected
no room in the basement shall be occupied for living pur-
poses, unless in addition to the other requirements of this
act such room shall have sufficient light and ventilation,
shall be well-drained and dry, and shall be fit for human
habitation.
NOTE: In the laws of some cities and states in the
past, elaborate conditions have been prescribed with
• regard to the occupancy of basement rooms, certain
fixed standards having been imposed as to the height
of ceiling above the adjoining ground, the presence of
an areaway in front of the room and certain other
conditions. It does not seem necessary to impose
these conditions upon basement rooms, provided they
comply with the other provisions of the act and in
addition have sufficient light and ventilation, are well
drained and dry, and are fit for human habitation.
If the rooms are basement rooms, their ceilings must be
at least one-half of their height above the adjoining
ground. Under the provisions of Section 34, the
rooms must be at least 8 feet high, and under the pro-
" 161
Explana-
A MODEL HOUSING LAW §44
visions of other sections of the act every such room
must open directly upon the outer air and be of a cer-
tain minimum size. The sole value of this section,
therefore, is to give to the enforcing officials a "drag-
net" power to interfere with the construction and oc-
cupancy of basement rooms that may not be fit for
human habitation even though they may comply
with the other provisions of the act.
§44. CELLARS, WATER-PROOFING AND LIGHTING.1 Every
dwelling hereafter erected shall have a basement, cellar
or excavated space under the entire lowest floor, at least
THREE feet in depth, or shall be elevated above the
ground so that there will be a clear air space of at least
TWENTY-FOUR INCHES between the top of the ground
and the bottom of said floor so as to insure ventilation and
protection from dampness. Such space shall in all cases
be enclosed but provided with ample ventilation and prop-
erly drained. In every dwelling hereafter erected all walls
below the ground level and also the cellar or lowest floor
shall be damp-proof and water-proof. No special water-
proofing shall be required except where soil conditions
make it necessary.2 When necessary to make such walls
and floors damp-proof and water-proof, the damp-proofing
and water-proofing shall run through the walls and up the
same as high as the ground level and shall be continued
throughout the floor, and the said cellar or lowest floor
shall be properly constructed so as to prevent dampness
or water from entering. All cellars and basements in dwell-
ings hereafter erected shall be properly lighted3 and venti-
lated.
p , NOTE i : Some of the worst conditions encountered
in cities and especially in suburban and rural com-
munities, arise from the practice in building small
houses of setting them directly on the ground. This
results in conditions of dampness which seriously
affect the health of the occupants who constantly
suffer from "rheumatism" and other diseases. In
many sections during the stormy weather these rooms
become flooded and the tenants are caused to suffer
162
§44
SANITATION
not only great discomforts and inconvenience but
often serious injury to health. This requirement is
to obviate this situation. It should be noted that a
cellar is not required in every case. Where a cellar
is not provided, however, the building must be lifted
above the ground at least 2 feet so as to prevent damp-
ness. This space is required to be enclosed chiefly
to prevent it from becoming a gathering space for
waste materials of various kinds but at the same
time the space is required to be left sufficiently open
by means of grilles or latticework or in some other way
so that it may be properly ventilated.
NOTE 2: The requirement that the walls below the
ground level shall be damp-proof and water-proof is
frequently misunderstood and thought to mean that
some special system of damp-proofing or water-proofing
shall be applied. This is not so. Where the natural
soil conditions are such as to insure freedom from
dampness in walls and floor, no special methods of
damp-proofing are necessary, but where the soil con-
ditions are not of this nature then appropriate pre-
cautions must be taken to prevent dampness in the
CONCCETT-E
^-THREF PLY
ATER PROOFING,
FIGURE 32
DAMP-PROOFING OF WALLS AND FLOORS
walls and lowest floor. The methods of damp-proof-
ing that are most frequently employed where it is
necessary to do such work are very simple and con-
sist of courses of tar paper and hot tar properly ap-
plied. There are also other methods commercially
in use that are quite wellknown. There is no diffi-
A MODEL HOUSING LAW § 45
culty in making cellar walls and floors damp-proof
by such methods except in cases where there is water
pressure below, due to tidal effect. In such cases the
problem becomes somewhat complicated. It is neces-
sary then to keep the water out by weighting it down
by means of inverted arches or other devices; but
the ordinary housing reformer will not encounter
this contingency in one case out of ten thousand.
The diagram on the preceding page shows the method
of damp-proofing employed where it is necessary to
use any process.
NOTE 3: The requirement that cellars and base-
ments shall be properly lighted and ventilated is of
great importance. In the case of the dwellings of the
poor the three danger points are the water-closets,
public halls and cellars; that is, the parts of the build-
ing used in common and for which no single individual
is as a rule responsible. Cellars are a special danger
point and are apt to become filled with waste material
of various kinds, the accumulation of which is in-
jurious both to the health and safety of the occupants.
This situation is likely to occur where cellars are not
properly lighted. A large proportion of tenement
house fires originate in such cellars. The health of
the occupants also is bound to suffer materially from
living over cellars which are not properly ventilated.
Dampness is very likely to result from such a con-
dition and the building is likely to be filled with
unpleasant and unhealthful odors.
In order not to restrict the architect unnecessarily
in the planning of his building, it has not been at-
tempted to lay down any precise and exact method of
lighting and ventilating the cellar which must be em-
ployed. This is left to the enforcing officials who can
be counted upon to see that the cellar is properly
lighted and ventilated.
§45. COURTS, AREAS AND YARDS.1 In every dwelling
hereafter erected all courts, areas and yards shall be prop-
erly graded and drained,3 and when required by the health
officer they shall be properly concreted2 in whole or in part
as may be appropriate.
Explana- NOTE i : The purpose of this requirement is to in-
sure adequate drainage and to keep water from stand-
164
§ 45 SANITATION
ing in puddles in the yards or from seeping into the
walls of the building, thus creating conditions of
dampness in the cellar and other lower portions. In
some laws it is required that yards, areas, and courts
shall extend down below the level of the cellar floor
and be connected with the street sewer. In many
cities, however, this is seriously objected to as unnec-
essary expense, requiring as it would, the excavation
of the yard down to this lower level. It is also the
custom in many cities to discharge the rain water
from the house leaders directly on the ground, as
the expense of conducting this to the street sewer
is felt to be unnecessarily onerous. It is believed that
the provision as written in this section will meet the
situation in most cases and will do so with a minimum
of friction.
NOTE 2 : It will not do to require yards, courts, and
areas to be concreted throughout, as in most cases it
is desired to have such yards treated with grass plots
and flower gardens. There are, however, numerous
instances where this treatment is not had and where
it is desirable from the point of view of proper drain-
age and cleanliness to have the yard concreted. In
such cases the health officer will be empowered under
this section to make this requirement.
NOTE 3: If it is desired to stiffen this section and
impose more stringent requirements, the following
variation is suggested. Insert at the beginning of this
section, after the caption, the following:
VARIATION i: ''In every dwelling hereafter erected Variation
where courts, areas or yards extend to the basement or
cellar, a portion of such court, area or yard not less than
two feet wide shall extend down below the floor level of
said basement or cellar."
NOTE 4: If it is desired to require that such open
spaces shall be connected with the street sewer, the
following variation is suggested. After the words
"graded and drained" in the original section, insert
the following:
VARIATION 2: "and connected with the street sewer so yarjaljon
that all water may pass freely into it"
165
A MODEL HOUSING LAW §§ 46, 47
§ 46. WATER-SUPPLY. l In every dwelling hereafter
erected, when water mains are reasonably accessible as
provided in section nine of this act, there shall be a proper
sink or wash-bowl with running water, exclusive of any
sink in the cellar.2 In two-family dwellings and in mul-
tiple-dwellings of Class A hereafter erected there shall be
such a sink or wash-bowl in each apartment, suite or group
of rooms.3 In such dwellings of Class B there shall be one
such sink or wash-bowl for every fifteen occupants or frac-
tion thereof.
Explana- NOTE i : This requirement is for the purpose of se-
tjon curing an ample supply of running water inside the
dwelling in future buildings and to prevent the un-
sanitary conditions which prevail in many cities where
in the older buildings there is no water except such as
can be obtained from a hydrant or pump in the back
yard. Sometimes there is but one hydrant for many
houses.
NOTE 2 : The sole water-supply in future dwellings
should not be located in the cellar, as this is too in-
convenient a place for family use.
NOTE 3: In private dwellings the sink or wash-
bowl may be located in any room or even in the hall
of the house (except the cellar), but in two-family
houses and multiple dwellings there must be one such
sink or wash-bowl for each family.
NOTE 4: This section must be read in connection
with Section 9. Where there is no communal water
supply in a community, Section 46 will not apply.
§ 47. WATER-CLOSET ACCOMMODATIONS. l In every
dwelling hereafter erected when water mains are reason-
ably accessible as provided in section nine, there shall be a
separate2 water-closet. Each such water-closet shall be
placed in a compartment completely separated from every
other water-closet; such compartment shall be not less
than THREE feet wide,3 and shall be enclosed with parti-
tions which shall extend to the ceiling4 and which shall
not be of wood or other absorbent material. Every such
compartment shall have a window opening directly upon
1 66
§ 47 SANITATION
the street or upon a yard or court of the minimum sizes
prescribed by this act and located upon the same lot.5
Nothing in this section contained shall be construed so as to
prohibit a general toilet-room6 containing several water-
closet compartments separated from each other by dwarf
partitions, provided such toilet-room is adequately lighted
and ventilated to the outer air7 as above provided, and that
such water-closets are supplemental to the water-closet
accommodations required by other provisions of this sec-
tion for the tenants of the said dwelling. No drip tray8
shall be permitted on any water-closet. No water-closet
fixture shall be enclosed.9 No water-closet shall be placed
out of doors.10 No water-closet shall be placed in a
cellar11 without a written permit from the health officer.
In two-family dwellings and in multiple-dwellings of Class
A hereafter erected there shall be for each family a separate
water-closet constructed and arranged as above provided
and located within each apartment, suite or group of
rooms. In multiple-dwellings of Class B hereafter erected
there shall be provided at least one water-closet for every
FIFTEEN occupants or fraction thereof. Every water-
closet compartment hereafter placed in any dwelling shall
be provided with proper means of lighting the same at
night.12 The floor of every such water-closet compart-
ment shall be made water-proof13 with asphalt, tile, stone,
terrazzo or some other non-absorbent water-proof material ;
and such water-proofing shall extend at least two inches
above the floor so that the said floor can be washed or
flushed out without leaking.
NOTE i : This section is of great importance and Explana-
contains a number of considerations which should be tion
fully understood. In the first place, it requires in
future dwellings that the water-closets shall be in-
doors. Where there are no public sewers, systems
of cesspools or other approved form of sewage dis-
posal in vogue in rural and suburban communities
will have to be adopted. The section of course
will not apply where there is no water supply and must
be read in connection with Section 9. In such case
.67
A MODEL HOUSING LAW § 47
privies will have to be tolerated until such time as
water supply is provided.
NOTE 2: It is deliberately intended to prevent in
dwellings and in tenement houses and similar residence
buildings any communal system of water-closets, as
experience has shown that they are always abused.
Each family is to have its own water-closet entirely
within its own control, thus insuring freedom from
the abuses which are generally found, greatly adding
to the desirability of the apartments from a rental
point of view, and materially aiding the landlord in
placing responsibility for abuses when discovered.
NOTE 3 : While it should not be necessary to fix a
minimum width of water-closet compartment, it has
been found necessary, as in some of our cities where
land values are high, these compartments have been
made just wide enough to take in the fixtures, some-
times less than 2 feet in width. Such conditions
should not be tolerated.
NOTE 4: Unless partitions extend to the ceiling
there cannot be proper privacy and separation of the
sexes. This is essential to prevent many kinds of
abuse. Wooden partitions are prohibited because of
their absorbent nature, although plastered, stone,
marble, slate or metal partitions may be used.
NOTE 5: Each water-closet must have its inde-
pendent means of lighting and ventilation and in
this respect this section must be read in connection
with Section 37. It should be noted that this re-
quirement as to partitions and the prohibition of wood
does not apply to the case of a general toilet room
such as is described in this section where the water-
closets are separated by dwarf partitions which do not
extend to the floor but are set up on legs. In such
case wooden partitions may be used without any ob-
jection.
NOTE 6: It is necessary to provide specifically for
general toilet rooms such as are found in hotels and
sometimes in stores, especially saloons, located on the
ground floor of apartment houses and tenement
houses. There is no objection to this form of con-
struction, provided these toilets are supplemental to
those required for the use of the tenants and are ade-
quately lighted and ventilated to the outer air.
NOTE 7: In the case of high-class modern hotels it
1 68
§ 47 SANITATION
will be found difficult to light and ventilate such toilet
rooms to the outer air and architects may desire to
employ electric light and artificial ventilation. Such
a method of construction is not desirable even in the
case of this class of buildings and it is advised not to
make any concession for them. If, however, it is
felt to be desirable to yield to the wishes of these in-
terests, the following concession may be made. After
the words "provided such toilet-room is adequately
lighted and ventilated/' omit the following:
CONCESSION i : "to the outer air as above provided" Concession
NOTE 8: Drip trays are sheets of thin metal fas- Explana-
tened between the wooden seat and the water-closet
bowl and are intended to catch the drippings when the
fixture is used as a urinal. They are antiquated and
highly objectionable, as their effect is to keep a stand-
ing deposit of urine close to the wooden seat which
soon becomes saturated and odoriferous.
NOTE 9: The requirement that no water-closet fix-
ture shall be enclosed with any woodwork is in line
with the accepted practice in good plumbing work for
the past twenty years. If the fixture is enclosed the
space underneath it is sure to become dirty and often
saturated with urine and other deposits, thus giving
rise to sanitary evils. If the space is left open it will
always be visible and can more easily be kept clean.
NOTE 10: The requirement prohibiting the placing
of water-closets out of doors is of vital importance.
There will be a difference of view as to the desirability
of this in different sections of the country. . In some
communities it has been the custom for many years
past to place water-closets out of doors. As a result
of this practice some of our most serious sanitary evils
have occurred. The outdoor water-closet is only
slightly better than the privy vault. It has all the
evils of the privy vault except the danger of soil con-
• lamination and pollution of the water supply. These,
however, are evils not frequently encountered, as
even where there is a local water supply it is generally
so located that there is comparatively little danger
from this cause. The chief danger from the privy
vault is the spread of communicable disease through
the medium of the common house-fly. There is just
169
A MODEL HOUSING LAW §47
as great danger from this in the case of the outdoor
water-closet as there is from the privy vault. The
other evils of the vault, namely, the disgusting condi-
tion in which outdoor fixtures are generally found and
the resulting discomfort and serious effect upon the
health of the people in the neighborhood, exist with
equal force in the case of the outdoor water-closet.
Located thus in a public place and easy of access to
the casual passerby, the outdoor closet is bound to be
abused and kept in a filthy condition. Except in the
Southern states where there is a mild climate and
where there is little danger from freezing, outdoor
closets are generally out of commission through most
of the winter, forcing the tenants to employ the
"bucket" system, as there has not been developed
as yet any really satisfactory device of anti-freezing
fixture. In many cities in the North where outdoor
closets are employed, a type of closet known as the
"Philadelphia hopper" (because of its great use in
that city) is usually employed. This is a long hopper
water-closet, with all the evils of an extensive fouling
surface which cannot be cleaned. The fixture is pro-
vided with a seat flush which operates by a valve, the
water being released by pressure on the seat. The
result is that when paper is left upon the seat and
when snow sifts in, as it frequently does, the weight
of the snow and wet paper starts the flush going and
the water is kept running practically all the time,
overflowing the toilet and making a skating rink out of
the compartment and neighboring portions of the yard.
The evils of the outdoor closet are so great that
under no circumstances should any compromise be
made on this provision, either in the South or in the
North. No city can call itself civilized which per-
mits in its future work outdoor water-closets. The
ultimate cost to the community resulting from such a
system in the toll of disease and death is beyond cal-
culation.
NOTE 1 1 : The very worst conditions are usually
found in cellar water-closets, due to the fact that they
are apt to be located in the dark, without proper venti-
lation, and are generally accessible to any stray pass-
erby and are therefore sure to be abused. The cellar
water-closet is usually for these reasons kept in an
indescribable condition. It will not do, however,
170
§ 47 SANITATION
to prohibit cellar water-closets outright, as they are
necessary sometimes for the use of stores on the
ground floor in tenements, flats, and apartment
houses and are especially necessary in hotels in the
service quarters and also in many hotels in connection
with barber shops, cafes and other rooms provided
for the public. The requirement that no water-
closet be placed in the cellar without a written permit
from the health officer .amply safeguards the com-
munity against the evils that have heretofore existed.
NOTE 12: It is obviously important that there
shall be means of lighting water-closet compartments
at night. It should be noted that this provision does
not specify the means to be employed. Where elec-
tricity or gas is provided throughout the house these
methods will naturally be furnished. In the quarters
of the poor a kerosene lamp may be all that is possible.
NOTE 13: It is of importance that the floors of
water-closet compartments shall be water-proof so
that the whole water-closet compartment can be
flushed out. This is necessary because of the fact
that in the case of contagious disease the slop empty-
ings from the patient are emptied here. There are
also apt to be drippings from the bowl when the fix-
ture is used as a urinal and a wooden floor absorb-
ing this soon becomes extremely objectionable. The
only satisfactory scheme is a scheme that will permit
the entire floor to be flushed out. In most cases such
a water-proof floor will be provided, as the water-
closet is generally located in the same room as the
bath tub. It should be noted that cement as water-
proof material is barred out because of its absorbent
qualities. Terrazzo is a composition used every-
where. It is made of broken chips of marble and
cement.
Objection may be made to this provision as im-
posing unnecessary expense upon working people who
desire to build small dwellings for their own use. If
this is found to be a serious objection, the following
concession can be made. Before the words "The
floor of every such water-closet compartment/' in-
sert the following:
CONCESSION 2: "In two-family dwellings and multiple- Concession
dwellings hereafter erected"
171
A MODEL HOUSING LAW §48
§48. SEWER CONNECTION.1 No multiple-dwelling of
Class A2 shall hereafter be erected on any street unless
there is city water and a public sewer in the street on
which such dwelling abuts. No multiple-dwelling of
Class B shall hereafter be erected on any street unless
there is city water-supply and a public sewer reasonably
accessible as provided in section nine. Every such mul-
tiple-dwelling of Class A shall have its plumbing system
connected with the city water-supply and with a public
sewer before such multiple-dwelling is occupied. No cess-
pool or vault or similar means of sewage-disposal shall be
used in connection with any dwelling where connection
with a public sewer is practicable.
Explana- NOTE i : This provision applies only to multiple
dwellings. It should properly apply to private dwell-
ings and to two-family dwellings, but it is believed
that this would be considered too drastic by practi-
cally every community. Theoretically no community
should permit the erection of dwellings until streets
have been sewered and supplied with city water, as
otherwise privies are necessary, but such a provision
would undoubtedly be felt to stop the progress and
development of the city and become a check upon the
building industry. We shall probably be sufficiently
civilized twenty-five or thirty years from now to im-
pose such a requirement, but it does not seem to be
wise to attempt it at this time. The situation with
regard to multiple dwellings is, however, totally dif-
ferent. No large building housing a number of fam-
ilies should be permitted to be erected in sections of
the city not provided with sewers and water supply.
If that portion of the city is so slightly developed that
sewers and water supply cannot be provided, the mul-
tiple dwelling is not an economic necessity and single-
family dwellings and two-family houses can be built
with propriety.
NOTE 2: It should be noted that the provisions
for the two classes of multiple dwellings are radically
different. This section absolutely prohibits the erec-
tion of multiple dwellings of Class A, that is flats,
tenements, apartments and the like, unless there is
city water and a public sewer in the street. When it
172
§ 49 SANITATION
comes to multiple-dwellings of Class B, which include
boarding houses, hotels, convents, asylums, hospitals
and similar buildings, it is recognized that it might
work hardship to prevent the erection of a small
boarding house on the outskirts of a city, or of a con-
vent or hospital similarly situated. This class of
buildings is accordingly brought under the provisions
of Section 9 which permits under proper safeguards
the use of cesspools, septic tanks and even privies
temporarily.
§49. PLUMBING. In every dwelling hereafter erected
no plumbing fixture shall be enclosed1 but the space
underneath shall be left entirely open. Plumbing pipes
shall be exposed, when so required by the health offi-
cer.2 All plumbing work shall be sanitary in every
particular and, except as otherwise specified in this act,
shall be in accordance with the plumbing regulations3
of said city. All fixtures shall be trapped.4 Pan,5 plunger
and long hopper closets shall not be installed. Wooden
sinks6 and wooden wash-trays shall not be installed.
Tile7 or earthen-ware house drains shall not be installed.
In all multiple-dwellings hereafter erected where plumbing
or other pipes pass through floors or partitions, the open-
ings around such pipes shall be sealed or made air-tight
with incombustible materials, so as to prevent the passage
of air or the spread of fire from one floor to another or
from room to room.8
NOTE i : The reasons against the enclosure of EXDiana.
plumbing fixtures with woodwork have been fully set
forth in Note 9 of Section 47.
NOTE 2: It is not wise to require plumbing pipes
in all cases to be exposed, as in certain classes of build-
ings, namely, high-class apartment houses, hotels, and
similar structures, the tenants and guests would not
care to see the rough plumbing and would find it a
detriment to the rooms. In the ordinary tenement
house, however, and in other classes of dwellings, it is
entirely possible to have many of the pipes exposed.
It is therefore left to the health officer to determine
under what circumstances this shall be required.
173
A MODEL HOUSING LAW § 49
NOTE 3 : No attempt is made here to go into mi-
nute details of plumbing requirements such as the
weight of pipe, kind of material and the numerous
other details that are commonly found in plumbing
rules and regulations. This can safely be left to the
plumbing rules and regulations of the locality affected.
What has been done here is to set down the irreducible
minimum so as to prevent the use of materials or
methods which have been shown to be injurious from
the point of view of proper sanitation.
NOTE 4: The requirement that all fixtures shall be
trapped does not mean that each fixture shall be
trapped separately, although this is desirable; this
is left to the local plumbing regulations to determine.
NOTE 5 : Pan, plunger, and long hopper closets are
antiquated types of fixtures with large fouling sur-
face which should not be tolerated in modern construc-
tion. In many cities where good plumbing practice
prevails such closets are required to be taken out
when found even though they may have been installed
only a few years before. (See Figure 33.)
PAN CLOSET LONQ. HOPPEC,
FIGURE 33
PAN AND LONG HOPPER CLOSETS
NOTE 6: Wooden sinks and wash trays are pro-
hibited because they become rotten and saturated,
breed vermin, and become odoriferous.
NOTE 7: Tile or earthen-ware house drains are pro-
hibited because they are in most cases liable to break
in a short time, thus permitting soil contamination.
NOTE 8: The requirement that the spaces around
174
§ 49 SANltATION
pipes where they pass through floors in multiple
dwellings shall be made air tight is of importance not
only for the convenience of the tenants in preventing
unpleasant odors communicating from one apartment
to another, in shutting off sounds which would other-
wise tra,vel in a similar way, and in preventing vermin
thus getting from one apartment to another, but
especially as a means of reducing fire danger and pre-
venting the transmission of contagious disease.
A MODEL HOUSING LAW
TITLE 3
•
FIRE PROTECTION
NOTE i : There is much misunderstanding in the
popular mind as to the relative importance of fire pro-
tection provisions as compared with the necessity of
adequate open spaces. From an ideal point of view
it would be incalculably better for the community
if all houses erected in the future might be fire-resistive
throughout. It would add greatly to the beauty of
our cities, it would help conserve our forests by re-
ducing the consumption of lumber, and would insure
greater safety to- the great mass of our population,
though the danger from fire is more of a prospective
evil than a real one. Considering the size of the pop-
ulation in each of our cities, the number of people who
lose their lives each year from this cause is practically
negligible. This is due, however, not to the methods
of construction employed in our buildings but to the
efficiency of our fire departments. The real advan-
tage of having all buildings fire-resistive would be in
the ultimate saving to the investor. Bills for insur-
ance would be reduced to almost nothing and the
cost of upkeep would be very materially diminished.
The great objection, however, to requiring all dwell-
ings erected in the future to be fire-resistive through-
out is that the cost at present would be prohibitive.
The effect of this so far as the dwellings of the working
people are concerned would be to augment greatly
the cost of living. The time will undoubtedly come,
and it is not far distant, when the cost of fire- resistive
construction will be greatly reduced and this desir-
able ideal can be accomplished. For the present,
however, in view of the considerations expressed, it
seems unwise to attempt to bring about such a con-
dition.
NOTE 2: It should be noted that all of the pro-
visions of this title, which deals with fire protection in
new buildings, with the exception of Section 50, relate
solely to multiple dwellings. That is, none of these
,76
FIRE PROTECTION
additional precautions which are very necessary in
the case of multiple dwellings are imposed upon pri-
vate dwellings or two-family dwellings. The effect
of this discrimination will be to make as cheap as
possible the construction of private dwellings and
two-family dwellings and therefore to encourage that
type of development in our cities; while the imposing
of these additional safeguards at additional cost upon
multiple dwellings should have the effect of dis-
couraging the erection of such buildings. The re-
quirements imposed are in no sense prohibitive; mul-
tiple dwellings can still be erected in any city and be
commercially profitable. Nor has any requirement
in this title been imposed upon multiple dwellings
solely with the idea of discouraging that type of con-
struction; each provision will be found to be justified
from experience and to be necessary for buildings of
this class.
12
177
A MODEL HOUSING LAW § 50
§ 50. FIRE-RESISTIVE DWELLING, WHEN REQUIRED.1
No dwelling shall hereafter be erected exceeding THREE2
stories in height, unless it shall be a fire-resistive dwelling;
the dwelling, however, may step up to follow the grade,
provided no part of it is over THREE3 stories in height.4
Explana- NOTE i : The purpose of this section is a two-fold
tion one. While it is primarily a provision for fire pro-
tection and would have to be justified on that ground
if attacked in court, it is also of great importance in
securing better light and ventilation and as a means
of preventing congestion of population in the case of
multiple dwellings. The way to prevent land over-
crowding is to limit the number of people that may
live on a given area of land. This can be done more
effectively indirectly than it can directly. There is
some doubt as .to whether the courts would sustain
an arbitrary limitation on the actual number of people
that might live on a lot of a given size. If, however,
the area of the building is limited by requiring large
open spaces and the height of the building is limited,
the result desired has been accomplished and by a
method which the courts will unquestionably sustain.
While there is no guarantee that this provision will
absolutely prevent the erection of tall buildings, it is
reasonably sure that at the present time, with the
cost of fire-resistive construction as it is to-day, the
effect of this provision will be to discourage greatly
their erection.
NOTE 2\ The standard has been set at three stories,
but it should be noted that this is a variable stand-
ard to be changed in each city to suit the local condi-
tions. It is highly desirable to keep residence build-
ings down to a three-story height. Where this is not
practicable the standard should be changed to four,
but no residence building should be permitted to be
built higher than four stories without being made
completely fire-resistive, viz., constructed with iron
beams and girders and incombustible floors and parti-
tions, as defined in Section 2, Subdivision 17. If local
conditions indicate the necessity of permitting four-
story buildings, the following concession may be
wisely made. In this connection it is significant that
the great city of Chicago over 10 years ago established
178
§51 FIRE PROTECTION
this standard of 3 stories for the limit of height of a
non-fire-resistive dwelling, a standard which has been
successfully maintained throughout this period. The
result has been that Chicago in its residence portions
has become a "3-story city." This example should
be controlling for nearly every other city in America.
What Chicago has done, smaller cities can assuredly
do.
The thing for each community to do is to deter-
mine whether they want their city to be a " 3-story
city" or a "6-story city" — or what; and fix the stand-
ard accordingly.
CONCESSION: Change "THREE" to "FOUR" in both Concession
instances where it occurs in this section.
NOTE 3: This section must be read in connection Explana-
with the definitions of cellar and basement as con- tion
tained in Section 2, Subdivision 13. In other words,
if the standard is set at 3 stories, a 3-story and base-
ment building will have to be fire-resistive; a building
3 stories and cellar in height will not. This is de-
liberate, as the basement type of building is not a
desirable one to encourage for many reasons. Where
a basement is erected it means that the basement part
is to be used for living purposes and the equivalent
of a four-story building is in most cases likely to
result.
NOTE 4: This provision will work no hardship to
any class of building, especially if the standard is made
four stories. The millionaire's mansion will in no
case be over four stories high. Apartment houses and
similar multiple dwellings that are erected over four
stories high should be fire-resistive. Hotels over that
height would be fire-resistive anyhow and no one
would seek any concession in this direction.
§51. MEANSOF EGRESS.1 Every7 multiple-dwelling here-
after erected exceeding one story in height shall have at
least two independent2 ways of egress which shall extend
from the ground floor to the roof, and shall be located re-
mote from each other, and each shall be enclosed by walls
or partitions as provided elsewhere in this act. One of
such ways of egress shall be a flight of stairs3 constructed
179
A MODEL HOUSING LAW §5!
and arranged as provided in sections fifty-four, fifty-five
and fifty-six of this act. In multiple-dwellings of Class A
the second way of egress shall be directly accessible5 to
each apartment, group or suite of rooms without having
. to pass through the first way of egress. In multiple-dwell-
ings of Class B6 the second way of egress shall be directly
accessible from a public hall. The second way of egress
may be any one of the following, as the owner may elect4:
1 . A system of outside balcony fire-escapes constructed
and arranged as provided in section fifty-two of this act.
2. An additional flight of stairs, either inside or outside,9
constructed and arranged as provided in sections fifty-
four, fifty-five and fifty-six of this act.10
3. A fire-tower11 located, constructed and arranged as
may be required by the inspector of buildings.11
Explana- NOTE i : The plan adopted here differs from the
tion plan which has heretofore been embodied in many of
our tenement house laws; namely, a requirement for
fire-escapes upon multiple dwellings of a certain class.
Instead of this it has been thought better to adopt the
practice which has been coming into favor more gen-
erally in recent years of requiring two ways of egress.
NOTE 2: The chief purpose of this is to enable the
occupants of the building to have quick egress in case
of fire by a means other than that used ordinarily.
It is of course essential that these two ways of egress
shall be independent of each other. It is. equally im-
portant that they shall extend from the entrance floor
to the roof so that in case egress is cut off on the ground
floor, access may be had to the roof of the building
and from there to the roofs of adjoining buildings,
when they do adjoin. It is also obvious that access
must be had to the street entrance, as otherwise the ten-
ants would be left hanging in mid-air and would have
to be rescued by firemen. If the two ways of egress
are not independent but are merged at any point ex-
cept near the entrance of the building, the supple-
mentary means of exit will lose its value, because in
the event of the ordinary means of exit being en-
veloped in smoke or flames the supplementary exit
would be similarly out of commission. For this
reason it is especially important that the two ways of
1 80
§51 FIRE PROTECTION
egress shall be remote from each other and that they
shall be separated by walls or partitions so as to pre-
vent the spread of smoke or flames from one to the
other.
NOTE 3 : The usual type that will be adopted will
be a front and back stairs, as the back stairs serve
a useful purpose as service stairs.
NOTE 4: It should be noted that the greatest free-
dom of choice consistent with the safety of the occu-
pants of the dwelling has been given to the owner.
One flight of stairs he would naturally provide of his
own accord, irrespective of any provisions of law, in
order to give the occupants of the building access to
their rooms. (In the case of elevator apartment
houses such stairs would not be necessary, but even
here it would generally be provided so as to anticipate
a situation where the elevators might be out of com-
mission.) This takes care of one way of egress. The
other way of egress may be any one of three which the
owner may elect, — another flight of stairs either in-
side or outside, a system of outside fire-escapes or a
fire-tower. No reasonable person can object to this
requirement.
NOTE 5: It is of great importance to have these
supplementary exits, whether fire-escapes or a second
flight of stairs, easily accessible to the occupants of
the building. The requirement as to accessibility
differs radically in the two classes of multiple dwell-
ings. In the first class, namely, the residence build-
ings, apartment houses, tenement houses, and so
forth, the second way of egress or fire-escape to be of
any value must be directly accessible to each apart-
ment. If tenants have to pass through a public hall
(the other way of egress) to get to the fire-escape it is
of little value, as experience has shown that the public
hall invariably becomes filled with smoke and flames
in such cases almost immediately after the outbreak
of fire, the hall acting as a gigantic chimney or flue.
This is a point where there can be no compromise.
Many architects who have not had special experience
with regard to fires will not realize the importance of
this point. Others who may be building apartment
houses and who wish to remove fire-escapes from the
front of the building in order to maintain the beauty
of its architectural appearance will desire to be per-
181
A MODEL HOUSING LAW § 5 I
mitted to locate fire-escapes off the public hall, but
under no circumstances can this safely be permitted.
Such fire-escapes would be of little value in this class
of buildings and loss of life would be sure to result if
a serious fire broke out.
NOTE 6: The requirements are radically different
in the case of multiple dwellings of Class B; namely,
hotels and buildings of a similar character occupied
for transient purposes. While it would be desirable
to have here a second way of egress or fire-escape di-
rectly accessible from each room, this is not practicable
in view of the fact that such buildings are usually
divided up into a large number of single rooms with
an occupant in each room. To require any such plan
of fire protection would practically mean a fire-escape
balcony at every window. Therefore, in the case of
hotels and similar buildings access to the fire-escapes
is required to be had from a public hall.
NOTE 7: It is to be observed that the requirement
for the second way of egress applies to all classes of
multiple dwellings, both fire-resistive and non-fire-
resistive, as experience has shown that even in the
case of a fire-resistive apartment house it is not safe
to rely upon a single way of egress in case of fire. The
rooms of such apartments are filled- with inflammable
material in the furnishings and serious fires can result.
NOTE 8: Some interests may contend that ele-
vators should serve as one of the ways of egress. This
contention is not sound and should not be permitted.
Elevators can never be counted on in the case of a
serious fire as a means of getting tenants out, as the
elevator shaft is apt to become filled with smoke and
flames at an early stage of the fire. The best fire
authorities refuse to recognize elevators as ways of
egress.
NOTE 9: In some cities it has become the custom
to erect two-family houses, tenements and flats with
a front and rear stairs, the rear stairs being an outside
stairs, generally of wood, with wooden balconies which
are utilized, as a rule, as living porches and prac-
tically add an additional room to the apartments.
This has become a firmly established type of construc-
tion in a number of cities and is much desired by the
tenants. The objections to this form of construction
have been very fully set forth in the discussion of Sec-
182
§51 FIRE PROTECTION
tion 41 . Because of the desire to perpetuate this type
of house, which has become a fixed fashion in many
cities, there will be strenuous opposition to the pro-
vision of this section which requires the second way of
egress to be of fireproof construction, and it will be
very earnestly desired in certain classes of multiple
dwellings to permit the use of outside wooden stairs
and balconies. In some cities it may be necessary to
make some concession. If so, the following concession
is suggested. Add at the end of Subdivision 2 of Sec-
tion 51 the following:
CONCESSION: "In the case of multiple-dwellings of Concession
Class A hereafter erected which do not exceed three stories
in height and which are not occupied by more than four
families in all, such additional flight of stairs may be an
outside stairs of wood with wooden balconies, if located
on the rear wall of the dwelling and kept entirely unen-
closed.10"
NOTE 10: It should be noted that this provision Explana-
will permit the use of these outside wooden balconies tion
and stairs in the case of tenements two stories high
BALCONY SOLID FLOOR
OUTSIDE BLD'O. LINE
FIGURE 34
FIRE-TOWER
with two families on a floor and also in the case of
tenements three stories high with not more than one
family on a floor, but it will not permit them in build-
ings exceeding three stories in height or containing
,83
A MODEL HOUSING LAW § 52
more than two families on a floor irrespective of
height.
NOTE 1 1 : A fire-tower is a type of construction that
is highly esteemed by fire authorities. It is generally
a flight of stairs in a separate tower with a bridge or
platform thrown across to it from the main building.
It sometimes consists of an inclined plane or gradient
of metal highly polished, permitting the occupants of
the building to sit down upon it and slide to the bot-
tom, on the method of the "chute the chutes" com-
mon in many pleasure resorts. This is an excellent
type of quick escape to get the people to the bottom
in a short time without injury. When used, care
should be taken to see that the knob of the entrance
door giving access to it is located at a sufficient height
so as to make it impossible for children to use it as a
day-time plaything.
§ 52. FIRE-ESCAPES. All fire-escapes hereafter erected
on multiple-dwellings1 shall be located and constructed as
in this section required. Such fire-escapes shall be located at
each story the floor of which is TWELVE or more feet above
the ground.2 Access3 to fire-escapes shall not be obstructed
in any way. No fire-escape shall be placed in an inner
court.4 Fire-escapes may project into the public highway5
to a distance not greater than four feet beyond the building
line. All fire-escapes shall consist of outside open iron,6
stone or concrete balconies and stairways.7 All balconies
shall be not less than TH REE feet in width. All stairways
shall be placed at an angle of not more than S I XT Y degrees
to the horizontal, with flat8 open steps not less than SIX
inches in width and TWENTY-FOUR inches in length and
with a rise of not more than EIGHT inches. The openings
for stairways in all balconies shall be not less than
TWENTY-FOUR by TWENTY-EIGHT inches,9 and
shall have no covers10 of any kind. The balcony on the top
floor, except in the case of a balcony on the street or in the
case of a peaked roof house, shall be provided with a stairs
or with a goose-neck ladder leading from said balcony to and
above the roof11 and properly fastened thereto. A drop
ladder12 or stairs shall be provided from the lowest balcony
184
§ 52 FIRE PROTECTION
of sufficient length to reach to a safe landing place beneath.
All fire-escapes shall be constructed and erected to safely
sustain in all their parts a safe load, and if of iron shall re-
ceive not less than two coats of good paint, one in the shop
and one after erection. In addition to the foregoing re-
quirements, all fire-escapes hereafter erected upon multiple-
dwellings shall be constructed in accordance with such
supplementary regulations13 as may be adopted by the
inspector of buildings or by the local legislative body.
NOTE i : It should be observed that the require- Explana-
ments for fire-escapes apply only to multiple dwell- tion
ings, for the reasons which have been set forth in the
notes appended to Title 3.
NOTE 2: The fire-escapes cannot of course extend
to the ground, as this would disfigure the front of the
building, give ready access to thieves and would not
be practicable. A balcony should be located, how-
ever, at the second story or the first above the ground.
The point of 12 feet above the ground has been es-
tablished here as being a reasonable distance and as
providing for cases in multiple dwellings where there
is a store on the first floor and a high ceiling is desired.
NOTE 3: Access to fire-escapes must be easy. If
wash tubs, sinks and other fixtures are put in the
way of the window and the access to the window thus
narrowed, there may be loss of life.
NOTE 4: Fire-escapes in inner courts are as a rule
of little value; that is, in an inner court of the mini-
mum sizes prescribed by this act. There may be
very large inner courts where this criticism would not
apply, but such a condition is very rare. The objec-
tion to a fire-escape in an inner court is that the court
being enclosed on four sides acts as a flue and in case
of fire is apt to become filled with smoke. A fire-
escape in a court is also a detriment in that it en-
croaches upon the space left open for light and air.
NOTE 5 : It is necessary to provide that fire-escapes
may project into the highway beyond the building
line in order to prevent adroit owners from refusing
to erect fire-escapes on the ground that they are
encroaching on the public highway. Without this
special provision such a contention would be plausible
A MODEL HOUSING LAW § 52
and might be sustained by the courts. It is best to
take no chances.
NOTE 6: Wooden fire-escape balconies are of little
use as they would quickly be consumed if the fire were
anywhere near the balconies. Iron is what will gen-
erally be used, although there are cases where owners
will wish to use stone or concrete in order to make the
treatment of the front of their building harmonize
with its general architectural scheme. This of course
should be permitted.
NOTE 7: Fire-escapes to be effective must consist
of stairs, not ladders. Women, old people, invalids
and children cannot use vertical ladders. Even if
they could go down them they will not think they can
and the fire-escapes will therefore lose their value as a
means of giving such persons quick egress from the
building in case of fire. It is the universal experience
that where vertical ladders are used firemen invariably
have to rescue the tenants and carry them down the
ladders. The stairs will cease to be stairs if they are
placed at too great an angle so as to be nearly per-
pendicular. There will be a constant tendency on the
part of owners to do this as it will make possible
shorter fire-escape balconies, thus reducing the cost
and also putting less weight upon the walls of the
building, but it must not be permitted. Sixty de-
grees is the maximum angle that should be permitted;
45 would be better.
NOTE 8: The steps must be flat, not round double
rungs as are put on a ladder, as these will not seem to
have the security of stairs and heels will catch in them.
The minimum dimensions herein laid down are
necessary in order to secure stairs that are not too
steep or too narrow and that will give a firm foothold.
NOTE 9: Fire-escape openings must be large
enough to permit persons of ordinary size to get
through them readily. It is surprising what a small
hole people can get through if they have to. The
minimum established here has been fixed upon as
sufficient in most cases.
NOTE 10: Covers over the openings of fire-escape
balconies should not be permitted. Some people will
want to provide hinged covers because of accidents
occasioned by people falling through the openings,
children playing on them, and so forth. When fire
1 86
§53 FIRE PROTECTION
comes the covers will be found to be rusted down or
to be covered over and cannot be moved and people
will be burned to death. The balconies should be
kept free and for the purpose of escape in case of fire.
Fire-escapes are not playgrounds.
NOTE 1 1 : It often happens that owing to the loca-
tion of the fire, escape is cut off below and tenants
cannot go down the fire-escape balconies; they there-
fore must be given a chance to go up and escape from
the roof to the roof of a neighboring building. That
is why the goose-neck ladder to the roof is made neces-
sary. In such cases tenants can be rescued from the
roof by firemen, or more frequently can flee to adjoin-
ing roofs. Such a ladder is as necessary at the front
of a building as at the rear. To require it, however,
in some cases would mean disfigurement.
NOTE 12: Drop ladders are necessary from the
lowest balconies; otherwise the tenants cannot get
down. Such ladders should be light in weight, not
too long, but always long enough to reach to the
ground. In some cities a type of counter-balanced
stairs is required; this works on weights and when
not in use, is kept hanging in the air in a horizontal po-
sition at the level of the lowest balcony. By stepping
on one of the steps the weight of the body brings the
ladder into vertical position; this, however, is an
awkward, heavy and cumbersome device and is ob-
jected to by property owners as an unnecessary dis-
figurement to their building, and rightly so. It gets
out of order quite as frequently as a drop ladder, if
not more so. Drop ladders will often be found rusted
tight and therefore should be frequently inspected to
see that they are in working order.
NOTE 13: All the essential requirements for fire-
escape balconies, their location and construction, are
contained in this section. Other details of their con-
struction, such as the sizes of iron, methods of bolting,
and so forth, may be safely left to supplementary regu-
lations to be adopted by the inspector of buildings or
other public official performing similar functions or
by the local legislative authorities.
§ 53. ROOF EGRESS; SCUTTLES AND BULKHEADS. 1 Every
flat-roofed multiple-dwelling hereafter erected exceeding
one story in height shall have in the roof a bulkhead2 or a
,87
A MODEL HOUSING LAW § 53
scuttle not less than two feet by three feet in size. Such
scuttle or bulkhead shall be fire-resistive or covered with
metal on the outside and shall be provided with stairs
leading thereto and easily accessible3 to all occupants of
the dwelling. No scuttle or bulkhead shall be located in a
closet or room, but shall be located in the ceiling of the
public hall on the top floor, and access through the same
shall be direct and uninterrupted.
Explana- NOTE i : The purpose of this requirement is two-
tion fold. First, to afford a means of egress to the roof
of the building and thence to the roofs of adjoining
buildings and to safety in the event of escape below
being cut off. This is valuable only in the case of
flat-roofed houses. Its second purpose is to afford
a means by which smoke and flames can be quickly
vented. The firemen by pushing up the scuttle and
venting the smoke and flames can quickly save the
building, whereas without this the building might be
destroyed.
NOTE 2: The bulkhead is a sort of small penthouse
or structure on top of the roof; in this case it is an
enclosure for the stairs leading to the roof. It is
necessary because without it the stairs cannot extend
to the roof and afford means of exit that way. It
should be noted fhat this provision does not require a
bulkhead but gives the owner the option of furnishing
either a bulkhead or a scuttle. A bulkhead with
stairs leading to the roof of multiple dwellings oc-
cupied by many families is undoubtedly better than
a scuttle with a ladder leading to it. The require-
ment that the scuttle or bulkhead shall be covered on
the outside with metal is to secure the safety of the
building in the event of fire in the neighborhood and
prevent sparks which may blow to the roof from burn-
ing through the scuttle or bulkhead, as would be
likely if of wood and unprotected.
NOTE 3 : If egress to the roof is to be relied upon it
must be easily accessible to the occupants of the build-
ing. If the ladder leading to the scuttle is locked up
in a closet, the key is apt to be missing when fire
breaks out and the tenants relying on this means of
egress would then become trapped in the hallway on
the top floor. A further provision will be found in
1 88
§§ 54> 55 FIRE PROTECTION
Section 1 15 prohibiting the locking of any scuttle or
bulkhead with a key for similar reasons.
§ 54. STAIRS AND PUBLIC HALLS. Every multiple-dwell-
ing hereafter erected shall have at least one flight of stairs
extending from the entrance floor to the roof, and the
stairs and public halls therein shall each be at least
THREE feet wide in the clear. All stairs shall be con-
structed with a rise of not more than EIGHT inches and
with treads not less than TEN inches wide and not less
than THREE feet long in the clear. Winding stairs will
not be permitted.
NOTE: The requirement that the stairs shall afford Explana-
roof egress has already been shown to be a necessity, tion
Three feet is the minimum width appropriate for
stairs in buildings used by many occupants. In fact
this is a little too narrow and many owners will build
stairs wider than this. It is important to limit the
rise of the stair to not more than 8 inches for two
reasons: a steeper rise will be found dangerous in
case of fire, as people running down in a hurry will fall,
and pile themselves up in a mass at the foot; stairs
steeper than this are also injurious to climb, especially
in the case of women. Winding stairs are prohibited
because in case of fire people in their hurry to get out
are likely to fall and pile themselves up in a huddled
mass at the foot, thus causing injury and in many
cases death.
§ 55. STAIR HALLS. In multiple-dwellings1 hereafter
erected which exceed TWO stories in height or which are
occupied by more than TWO families on any floor above
the entrance story,2 the stair halls3 shall -be constructed of
fire-resistive material throughout. The risers, strings and
balusters shall be of metal, concrete or stone. The treads
shall be of metal, slate, concrete or stone, or of hard wood4
not less than two inches thick. Wooden hand-rails to stairs
will be permitted if constructed of hard wood. The floors
of all such stair halls shall be constructed of iron, steel or
concrete beams and fire-resistive filling, and no wooden
flooring or sleepers shall be permitted.
.89
A MODEL HOUSING LAW § 56
Explana- NOTE i : Again it should be noted that this pro-
ton vision for fire-resistive stairs applies only to multiple
dwellings and even then only to certain types of mul-
tiple dwellings. Stair halls in private houses and
two-family houses can be built of ordinary wooden
construction.
NOTE 2 : It should be observed that there is a double
condition imposed in this section with regard to the
class of buildings affected; namely, the building must
be either over two stories in height or be occupied by
more than two families on a floor to have the provision
apply. If either of these conditions exist, then the
section applies; that is, if the building is a three-
story building with only one family on a floor the
stair hall must be fire-resistive. Again, if the building
is but two stories high and there are three families on a
floor above the first, the stair hall must be fire-resistive.
NOTE 3: The stair halls in multiple dwellings are
the danger points in case of fire. No matter where
the fire starts, the invariable experience is that it
spreads almost immediately to the stair hall, which
acts as a gigantic flue. Furthermore, this is the
normal place of escape for the occupants of the build-
ing. Their first instinct is to rush to the means of
egress which they ordinarily use. It is essential,
therefore, that such portions of the building shall be
fire-resistive throughout so that when the fire gets
there it may quickly burn itself out and have nothing
to feed upon. In buildings constructed as provided in
this section and with a ventilating skylight over the
stairs, as is required in Section 39, a fire would quickly
burn itself out and be vented at the roof, thus insur-
ing the safety of the occupants.
NOTE 4: Hard wood treads are permitted if not
less than 2 inches thick because such a tread will be
slow in burni'ng and could not possibly burn through
before the tenants would have a chance to escape.
Treads of this kind permit the stairs to have a finish
which a slate or marble tread does not give; as the
structure of the stairs is made of iron, stone or con-
crete, they will in most cases be supported by an iron,
stone or concrete tread or frame beneath them.
§ 56. STAIR ENCLOSURES. In all multiple-dwellings1
hereafter erected which exceed TWO stories in height or
190
§ 56 FIRE PROTECTION
which are occupied by more than TWO families on any
floor above the entrance story, all stair halls shall be en-
closed2 on all sides with walls of brick3 not less than eight
inches thick or other approved fire-resistive material of
sufficient strength, except that one or more sides may be left
open4 to the street, yard or court. The doors opening from
such stair halls shall be fire-resistive and self-closing.6 There
shall be no transom or sash or similar opening5 from such
stair hall to any other part. of the house.
NOTE i : This section applies only to certain classes Explana-
of buildings, as explained in Notes i and 2 under the
discussion of Section 55.
NOTE 2 : It has been pointed out in Note 3 under the
discussion of Section 55 that the stair hall is the[danger
point in the multiple dwelling. This being so, the
complete fire-resistive construction of stair halls is the
keystone of the arch of safety of the building. In
order to prevent fires spreading from stair halls to
apartments or rooms, — "mushrooming out," as it is
called, — the stairs must be enclosed in brick walls.
Where the stair halls are separated from the apart-
ments by the ordinary lath and plaster partition, the
fire quickly eats its way through it.
NOTE 3: It may be asked why these walls are
limited to brick or other "approved" fire-resistive
material. The stair hall is so strategic a point in the
fight against fire that no chances with inferior mate-
rial can be safely taken here, whatever may be per-
mitted in other parts of the dwelling. It is important,
too, that these walls or partitions should be thick
enough and strong enough to stand up against water
pressure in a fierce fire when the hose is turned on
them. For this reason it is required that the walls
shall be eight inches thick if of brick, and of sufficient
strength if of other material.
NOTE 4: This exception is made so as to permit
the use of outside stairs and of "open stairs/' or
stairs with one side open to the outer air.
NOTE 5 : The ideal condition would be to have the
stair hall shut off completely from the apartments
without any openings from the stair hall to the apart-
ments. This, however, is of course impossible, as
there must be door openings in the walls enclosing
191
A MODEL HOUSING LAW § 56
the stair hall to give the tenants access to their rooms;
but these should be the only openings. Transoms
or windows, either movable or stationary, should
under no circumstances be permitted, not even when
they are made of wire-glass. No liberties can be
taken with this vital point of the building. Each
opening means weakness. For these reasons it is
deemed necessary that the doors leading from the
hall to the apartments shall be both fire-resistive and
self-closing, so that in the event of fire, if the fire starts
in an apartment it cannot quickly eat through the
panels of a wooden door and thus communicate to
the stair hall and spread throughout the building
endangering the lives of the occupants; nor, vice
versa, can the fire eat through from the stair hall to
the apartments of the tenants. For this reason a
fire-resistive door is necessary. This does not mean an
iron door; the ordinary "kalomein" door is entirely
adequate; this is a wooden door the edges and sides
of which have been carefully covered with metal. It
is a standard fire door recognized by the underwriters
throughout the country. Many fire authorities con-
sider it better than a metal door as it is slow-burning
and will not warp in case of extreme heat as an iron
door would. The manufacture of metal-covered doors
has been so perfected that it is difficult for the ordi-
nary observer to tell them from wood, stained and
finished as they are to represent oak or mahogany;
thus they are not an eye sore when used in high-
grade buildings.
NOTE 6: The requirement that the doors shall be
self-closing is for the purpose of safeguarding the situ-
ation where a tenant is aroused by a cry of fire or
smells smoke, opens the door of his apartment leading
to the stair hall, is met by a gust of smoke or flame
and rushes back into his apartment and thence to the
fire-escape, leaving the door from the apartment to
the hall open, thus permitting the flames to enter the
apartment and destroy it. The self-closing door
insures the closing of the door even if the occupant
becomes panic stricken. This is a very important
requirement. It involves no material cost, as the
purposes of the act are met if the door is provided
with a strong spiral spring or is so hinged as to close
itself, as can easily be done by giving the hinge a
slight inclination.
192
§§ 57> 5<3 FIRE PROTECTION
§ 57. ENTRANCE HALLS. Every entrance hall in a mul-
tiple-dwelling hereafter erected shall be at least FOUR
FEET SIX INCHES wide1 in the clear, and shall comply
with all the conditions of the preceding sections as to the
construction of stair halls.2- In every multiple-dwelling
hereafter erected, access3 shall be had from the street or
alley to the rear yard, either in a direct line or through a
court or side yard.
NOTE i : As the tenants from all the upper stories Explana-
in case of fire have to use the same entrance hall to get tion
access to the street, it is obvious that it is necessary to
have the entrance hall wider than the individual halls
on each story. The minimum prescribed here is the
minimum. Most builders will leave a wider entrance
hall. Five feet is none too wide.
NOTE 2: The entrance hall, as it is an essential
part of the way out of the building in case of fire, will
of course have to be constructed fire-resistive in the
same way that the stair halls are at each story.
NOTE 3: Access from street to yard is important
both as a means of egress for the tenants who may go
down the rear fire-escapes or rear stairs, and also as
a means of access to the rear of the building for the
firemen who may wish to fight the fire from the rear
of the building and who might be prevented from so
doing if there were not such rear access. The best
access is on the ground floor in a direct line from the
street by extending the entrance hall to the yard.
Sometimes this is not feasible. In such cases the
next best access is by a tunnel or passageway through
the cellar in a straight line from the street to the yard.
§ 58. DUMB-WAITERS AND ELEVATORS. In multiple-
dwellings hereafter erected all dumb-waiters and eleva-
tors shall be enclosed in fire-resistive shafts1 with fire-
resistive doors at all openings at each story, including the
cellar. In the case of dumb-waiters such doors shall be
self-closing.2 No elevator shall be permitted in the well-
hole of stairs3 but every elevator shall be completely sepa-
rated from the stairs by fire-resistive walls enclosing the
same.
13 193
A MODEL HOUSING LAW § 59
Explana- NOTE i : Any vertical shaft, such as an elevator or
j.j0|j dumb-waiter shaft, extending throughout the build-
ing, is a potent means of spreading fire, as it acts as a
flue, and fire leaps from floor to floor almost im-
mediately. It is therefore essential for the protection
of the building that such shafts be completely enclosed
within fire-resistive walls, with fire doors at all open-
ings, especially in the cellar, as the cellar is the greatest
danger point, owing to the accumulation of waste
materials usually found there.
NOTE 2: In the case of dumb-waiters the doors
should be self-closing for the reasons pointed out in Note
6 in the discussion of Section 56. This is not feas-
ible in the case of elevators, as elevators are equipped
with sliding doors which cannot be self-closing.
Nor is there such necessity, as elevators are always
operated by some individual who can be relied upon
to keep the doors closed for purposes of safety.
NOTE 3 : Until very recently the practice has been
general not only in multiple dwellings but in public
buildings such as office buildings, and so forth, of
locating the elevators alongside the public stairs and
even in the same well-hole. Recent experience with
one or two disastrous fires, however, has shown that
the elevator with its greased tracks is a potent source
of danger in case of fire and that stairs located along-
side the elevators are likely to be useless if fire breaks
out in the region of the elevators. For this reason
the recent practice not only in housing laws but in
building codes is to require the elevators to be com-
pletely separated from the stairs by fire-resistive walls.
§ 59. CELLAR STAIRS. l In multiple-dwellings of Class A
hereafter erected which exceed TWO stories in height or
which are occupied by more than TWO families on any
floor above the entrance story, there shall be no inside
stairs communicating between the cellar or other lowest
story and the floor next above, but such stairs shall in
every case be located outside the building.
NOTE i : One-fourth of all fires in multiple dwellings
Explana- star^ m cenars These frequently contain much rub-
bish and waste material, and tenants and sometimes
outsiders throw matches on the cellar floors. For
194
§ 59 FIRE PROTECTION
these reasons the cellar is a danger point. In order to
safeguard the lives of the tenants the cellar should be
completely shut off from the upper parts of the build-
ing. In the larger buildings this should be done by a
tier of fire-resistive beams and fire-resistive flooring,
and in all multiple dwellings there should be no inside
communication between the cellar and the upper
stories. If there is such communication in the form of
an inside stairs, a fire which starts in the cellar
will quickly spread throughout the building and
endanger the lives of the occupants. While it is
slightly inconvenient for tenants to have to go out-
side of the building into the yard or court to get
down into the cellar, that inconvenience is not com-
parable to the danger arising from the other form
of construction. This inconvenience can be mini-
mized by locating the outside stairs immediately
adjoining the rear wall of the building or the court
wall and thus not causing any material inconvenience.
In elevator apartment houses both the elevator shafts
and dumb-waiter shafts will extend down into the
cellar, but as these will, under the provisions of Sec-
tion 58, be entirely enclosed with brick walls and be
provided with fire doors, the danger of fire spreading
through this means is practically reduced to a mini-
mum.
NOTE 2: Where serious objection is made to the
requirement, the following Concession may safely be
adopted, which it should be noted applies to all
classes of multiple dwellings and not merely to those
of Class A.
CONCESSION: "In multiple-dwellings hereafter erected Concession
which exceed TWO stories in height or which are occupied
by more than TWO families on any floor above the en-
trance story, all inside stairs communicating between the
cellar or other lowest story and the floor next above shall
be enclosed with brick walls not less than eight inches
thick or with walls of approved fire-resistive material of
sufficient strength, and shall be provided with self-closing
fire-resistive doors at the bottom and shall not be located
underneath the stairs leading to the upper stories."
195
A MODEL HOUSING LAW §§6o, 61,62
Explana
tion
Explana-
tion
Explana-
tion
§60. CLOSET UNDER FIRST STORY STAIRS. In multiple-
dwellings hereafter erected no closet of any kind shall be
constructed under any staircase leading from the entrance
story to the upper stories, but such space shall be left en-
tirely open and kept clear and free from incumbrance.
NOTE: Closets should not be permitted under
stairs leading to the upper stories. If they are, waste
materials will accumulate. Sometimes oily rags will
be thrown into them by servants, engineers or ten-
ants. Spontaneous combustion may take place and
the whole stairs suddenly be on fire.
§61. CELLAR ENTRANCE. In every multiple-dwelling
hereafter erected there shall be an entrance to the cellar
or other lowest story from the outside of the said building.
NOTE: The purpose of this section is to enable the
firemen to quickly get at a cellar fire and control it.
§62. WOODEN MULTIPLE-DWELLINGS. 1 No wooden2
multiple-dwelling of Class A3 shall hereafter be erected,
and no wooden building not now so used shall hereafter
be altered or converted to such use.
No wooden multiple-dwelling of Class B4 shall hereafter
be erected exceeding two and one half stories in height,
and no wooden building5 exceeding two and one half
stories in height shall hereafter be altered or converted to
such use.
NOTE i : This section deals with a type of construc-
tion peculiar to New England and the dominant type
in the city of Boston and its environs. It is known
as the wooden "three-decker." It is a 3-story tene-
ment house built of wood, generally with a flat roof,
frequently with front piazzas and almost invariably
with rear porches at each story, with an outside rear
stairs serving as a service stairs. The chief objection
to it is the conflagration hazard. It is a menace both
to the community in which it is built and to the
people that live in it. The building is also a great
depreciator of values and is said to ruin neighbor-
hoods in which it is placed; for, it is an extremely
196
§62 FIRE PROTECTION
objectionable looking type of house and at once con-
verts what was a select private residence district into
a tenement quarter.
Outside of New England the type is almost un-
known. The cost of building a 3-story flat with out-
side walls of brick instead of wood, is so slightly in
excess of the wooden three-decker that there is really
no reason for encouraging this objectionable type.
In fact it is only the initial cost that is greater. The
brick building is the better investment in the long
run. For further discussion of this question see paper
entitled "The Menace of the Three-Decker" by
Prescott F. Hall, Chairman, Town Improvement Com-
mittee of the Brookline Civic Society, Brookline,
Mass., in "Housing Problems in America," Volume
V. 1916, pages 133 to 152, also National Housing
Association publications No. 39.
It is significant that in the Report of a Commission
appointed by the Mayor of Boston to study Boston's
Housing Problems, they recommend that the con-
struction of wooden three-deckers be prohibited in
future, asking,
"What Is the Advantage of the Wooden 'Three-
Decker' Multiple Dwelling?
"It furnishes reasonably sanitary, well-lighted, well-
ventilated homes at low rents. Persons of small
capital can invest in them when they cannot afford
to take the risk of larger and more expensive buildings.
"What Are the Disadvantages?
"The usual wooden 'three-decker' is cheaply built
and therefore deteriorates rapidly. After the first few
years it. is apt to be neglected both by owner and
tenant. It is unsightly. When a great number of
these buildings cover a district all other property
tends to depreciate in the vicinity. And there is of
necessity a constant fire risk in such a district.
"What Is the Substitute?
"Noncombustible walls, or second-class construction.
With the increasing cost of lumber this type of build-
ing will not be of much greater cost at the outset.
At the end of fifteen years the second-class building
will be worth far more than the wooden building and
will have before it a much longer future. Wooden
piazzas or porches may be added to brick or concrete
buildings for comfort and beauty. A type of dwelling
197
A MODEL HOUSING LAW §62
can be provided which is a benefit to landlord, tenant
and community as well.
"The committee offers herewith an amendment to
the present building law forbidding the future erec-
tion of multiple dwellings of third-class construction/'
NOTE 2: In some of the larger cities wooden tene-
ment houses are permitted. They should not be
tolerated. They are not only a. danger in case of
fire but when old become a source of sanitary evil,
filled with vermin and disease germs. No new wooden
tenement houses are necessary. Where land values
are so low that brick or concrete cannot be profitably
constructed tenement houses are not necessary but
the population can be profitably housed in one-family
or two-family dwellings.
NOTE 3: This section not only prohibits the erec-
tion of the "three-decker" or 3-story wooden tene-
ment, but of all wooden tenements. It would there-
fore prevent the erection of a type known to some
communities, viz., a two-story wooden building with
2 families on each floor, or 4 in all. This is deliberate.
There is really no reason why such buildings should
be erected. The outside walls can be built of brick,
concrete or clay products without any difficulty and
without making the cost of such a building prohibitive.
NOTE 4: It will be noted that the erection of wooden
multiple dwellings of Class B is permitted. The
reason for this is that it would be a hardship in many
communities to prohibit the erection of small wooden
boarding houses, lodging houses and hotels, and espe-
cially to prohibit the alteration of a private dwelling
into a small boarding house. All of such buildings,
however, are very properly limited to two and one
half stories in height.
NOTE 5: The chief opposition to this section will
come- from owners of existing wooden private dwell-
ings who want to be allowed to convert them into
multiple dwellings without making any alterations
whatsoever. They should not be allowed to do so.
For further discussion of this subject see Note 2 under
Section 3.
198
ALTERATIONS
ARTICLE III
ALTERATIONS .
In this article will be found the provisions which must
be. observed when a person proposes to alter an existing
dwelling.
NOTE: At first sight it will seem to many that most
f , . . ^J , . . | • . . f
of the provisions in this article are a repetition of pro-
visions to be found in Article II. While it is true
that some of them could be combined with similar
sections in the article relating to new buildings, they
have purposely been placed in a separate article for
the sake of greater clarity and greater facility of use.
One of the chief advantages of this law lies in this very
fact, that it is so divided into separate parts, that
it is made possible for different interests to concern
themselves only with those provisions of the law which
directly affect them. For example, the owner of an
existing dwelling will have to concern himself only
with the maintenance provisions (Article IV) and
improvements (Article V), and of course the general
provisions which contain the definitions (Article I).
He will not have to wade through the detail of the
provisions which affect new buildings. Similarly,
the builder who wants to erect a new dwelling will
have to concern himself only with Articles I and II,
and the owner of an existing building in the event of
his contemplating alterations will have to concern
himself only with the provisions of this article,
namely, Article III.
199
A MODEL HOUSING LAW
§§ ?O,
Explana-
tion
Explana-
tion
Explana-
tion
§ 70. PERCENTAGE OF LOT OCCUPIED. No dwelling shall
hereafter be enlarged or its lot be diminished, or other
building placed on its lot, so that a greater percentage of
the lot shall be occupied by buildings or structures than
provided in section twenty of this act.
NOTE: It is obvious that it is not fair to permit an
old dwelling to be altered so as to cover more of the
lot than would be permitted in the case of a new one.
The conditions are naturally better in the newer build-
ing. Failure to safeguard this point would lead to
the almost complete evasion of the law with respect
to new buildings as was shown by the experience of an
Eastern city some years ago, referred to in Note i under
the discussion of Section 3. This provision not only
forbids the extension of an existing dwelling beyond
the limits specified, but also prohibits the erection of
other buildings or structures on the same lot so as to
cover more land than is permitted.
§ 71 . HEIGHT. No dwelling shall be increased in height
so that the said dwelling shall exceed the height prescribed
by section twenty-one of this act. This provision shall
not apply to hotels as defined in paragraph four of section
two.
NOTE: This does not prohibit the increase in
height of an existing dwelling but does prohibit such
increase beyond the limits allowed for new dwellings.
§ 72. YARDS. No dwelling shall hereafter be enlarged
or its lot be diminished, or other building placed on the
lot, so that the rear yard or side yard shall be less in size
than the minimum sizes prescribed in sections twenty-two,
twenty-three and twenty-four of this act for dwellings
hereafter erected.
NOTE: It should be observed that this does not
prohibit the alteration or extension of existing dwell-
ings or the encroachment on an existing yard, but
only prohibits reduction of the minimum size of a
rear yard or side yard below the standard established
for new dwellings.
200
§73
ALTERATIONS
§ 73. NEW COURTS IN EXISTING DWELLINGS. x Any
court hereafter constructed in a dwelling erected prior to
the passage of this act and used to light or ventilate
rooms,2 public halls or water-closet compartments shall be
FIGURE 35
NEW COURT IN AN OLD BUILDING
not less in its least horizontal dimension in any part than
ONE THIRD of its height measured as prescribed in sec-
tion twenty-five and such court shall under no circum-
stances be roofed or covered over with a roof or skylight.
Every such court, if an inner court, shall be provided at
20 1
A MODEL HOUSING LAW
74>75
Explana-
tion
Explana-
tion
the bottom with one or more horizontal air-intakes con-
structed and arranged as provided in section twenty-seven
of this act.
NOTE i : This section prescribes the limits in width
and area of a new court which may be hereafter con-
structed in an existing dwelling to provide light and
ventilation for rooms, public halls or water-closets. It
will be noted that this requirement corresponds to
the requirement for courts in new dwellings.
NOTE 2: This section assumes especial significance
in connection with the requirement contained in Sec-
tion 1 20, where a scheme is laid down for the bringing
of light and air into the inner dark, windpwless rooms
which exist in so many cities. There are two methods
by which such rooms can be improved. The simpler
and cheaper method is the one outlined in Section 1 20;
namely, the cutting in of a window in the partition
between the inner and outer room. There will be
cases, however, where the owner desires to make
greater improvements than this and to construct a
small court in the building for the purpose of lighting
the inner rooms and also the new water-closets which
he intends installing in the building in cases where
there have been vaults or similar receptacles out of
doors and where, under the provisions of Section 124,
these have to be removed. In such instances it is to
the owner's interest, as well as greatly to the 'interest
of the tenants, to have a small court constructed in
the building.
§ 74. ADDITIONAL ROOMS AND HALLS. Any additional
room or hall that is hereafter constructed or created in a
dwelling shall comply in all respects with the provisions of
article two of this act, except that it may be of the same
height as the other rooms or hall on the same story of the
dwelling.
NOTE: This is a necessary provision, as otherwise
apartments and rooms in existing dwellings could be
subdivided and dark rooms and rooms too small in
size could be created.
§ 75. ROOMS AND HALLS, LIGHTING AND VENTILATION OF.
No dwelling shall be so altered or its lot diminished that
202
§75
ALTERATIONS
any room or public hall or stairs shall have its light or ven-
tilation diminished in any way not approved by the health
officer.
NOTE: It has been found necessary to enact this
"drag-net" provision, as it is not always possible to
state in detail all of the circumstances which may
arise in connection with the alteration of the interior
of existing dwellings. Without such a provision it
has been found that alterations which prove injurious
to the welfare of the occupants are often brought about.
For example, an extension could be added to an exist-
ing dwelling in such a way as greatly to diminish the
Explana-
DEFORE ALTERATION . AFTER "2. NEW
"A IS LIQHT 5.STCAREAPDED-7VIS DARK
FIGURE 36
light and ventilation of existing rooms, although the
new rooms thus created might have adequate light
and ventilation. The above diagram illustrates
this. A represents an existing room which, before
the extension was added, was flooded with light and
air. Since the addition of the extension and the crea-
tion of two new rooms, B and C, A has become almost
uninhabitable, though rooms B and C are strictly
legal and are desirable rooms.
In a similar way without a provision of this kind
it would be possible where an existing public hallway
extends to the rear of the dwelling, running through
from the street to the yard and thus affording ample
light and ventilation, to shut this off and make a room
at either end of the hall, thus making the hallway
203
A MODEL HOUSING LAW
76,77
dark and without ventilation. Figure 37 illustrates
this. The left-hand diagram shows the hallway as it
was originally. The right-hand diagram shows the
same public hallway after this undesirable alteration.
Explana-
tion
HAU LI&HT
EXTENDS TO YARD
HALL DABK
ROOM BUILT ACROSS END
FIGURE 37
§ 76. ALCOVES AND ALCOVE ROOMS. No part of any
room in a dwelling shall hereafter be enclosed or sub-
divided, wholly or in part, by a curtain, portiere, fixed
or movable partition or other contrivance or device, unless
such part of the room so enclosed or subdivided shall con-
tain a window as required by sections thirty-one and thirty-
two of this act, and have a floor area not less than that
required by section thirty-three.
NOTE: The necessity for not permitting dark al-
cove rooms has been fully discussed in the notes under
Section 35. It is apparent that if we do not wish to
have new dark rooms created in the future there must
be a provision of this kind to prevent the alteration
of rooms in this way.
§ 77. SKYLIGHTS. All new skylights hereafter placed in a
multiple-dwelling shall be provided with ridge ventilators
having a minimum opening of FORTY square inches and
also with either fixed or movable louvres or with movable
sashes, and shall be of such size as may be determined to
be practicable by the health officer.
204
§ 78 ALTERATIONS
NOTE: It should be noted that this provision re- Explana-
quires no change in existing skylights. It applies tjon
only to those which may hereafter be placed in an
existing house; it also applies only to multiple dwell-
ings. This is an attempt to improve the existing con-
ditions of light and ventilation, especially ventilation,
in the dark hallways of existing multiple dwellings.
The conditions vary so greatly in different buildings
that experience shows it to be unwise to attempt to
outline in the law in precise terms the exact condi-
tions which must be observed.
§78. WATER-CLOSET ACCOMMODATIONS. Every1 water-
closet hereafter placed in a dwelling, except one pro-
vided to replace a defective or antiquated fixture2 in the
same location, shall comply with the provisions of sec-
tions thirty-seven, forty-seven and forty-nine of this act
relative to water-closets in dwellings hereafter erected.
Except that in the case of a new water-closet installed on
the top floor of an existing dwelling,3 a ventilating sky-
light open to the sky may be used in lieu of the windows
required by section thirty-seven.
NOTE i : It is obvious that it will not do to permit Explana-
new water-closets to be placed in old buildings located
in the dark, or with antiquated fixtures, or without
waterproof floors, or in other ways to perpetuate the
evils of the older types of fixtures.
NOTE 2: An exception is properly made in the case
where a new fixture is put in to replace a defective
or antiquated fixture, provided it is in the same loca-
tion. For instance, there will frequently arise cases
where there are broken fixtures located in compart-
ments which are not lighted and ventilated directly
to the outer air. The health of the occupants of the
house requires the broken fixture to be taken out and a
new fixture substituted. Unless this provision were
made it would be unlawful to replace the old fixture
because the closet is not lighted and ventilated to the
outer air. From an ideal point of view it would be
desirable to require all existing water-closets which
are not now lighted and ventilated to the outer air
to be abandoned and a new location found for them,
205
A MODEL HOUSING LAW §§ 79, 80
but this is not a practicable plan, as it involves too
great an expenditure of money and sacrifice of space
on the part of the owner for the results obtained.
NOTE 3 : It is often desired to construct a new bath
room or place an additional water-closet on the top
floor of an existing dwelling in a location where there
will not be a window to the outer air but a skylight
can be used instead. Ample light and air can thus
be obtained and there is no harm in permitting this
to be done. This assumes especial importance in
connection with the removal of privy vaults required
under Section 124. This important work will be
greatly facilitated if owners realize that they can
place the water-closets that are to be substituted for
the privy vaults on the top floor of the building and
light and ventilate them by ventilating skylights in
the roof. No attempt has been made to lay down in
the law the minimum size of the skylight or the amount
of ventilation to be secured, as there would be no
object on the part of the owner in reducing this below
a proper standard.
§ 79. FIRE-RESISTIVE DWELLINGS. No dwelling shall
hereafter be altered so as to exceed THREE stories in
height unless it shall be a fire-resistive dwelling.
Explana- NOTE: This section prohibits the extension in
height of an existing dwelling above the limits pre-
scribed for new dwellings laid down in Section 50. If
the limit of height there established is changed from
three stories to something else, the standard in this
section should be similarly changed to correspond.
§ 80. FIRE-ESCAPES. All fire-escapes hereafter con-
structed on any multiple-dwelling shall be located and
constructed as prescribed in section fifty-two of this act.
NOTE: This section in no way affects existing fire-
- . . . . i i • i ii
tjon escapes. It applies only to those which may be here-
after erected upon a multiple dwelling. It is obvious
that all new fire-escapes that are constructed in the
future, whether upon a new dwelling or an old one,
if the fire-escapes are themselves new, should conform
to the provisions of the law with regard to fire-escapes
on new dwellings.
206
§§ 8 1 , 82, 83, 84, 85 ALTERATIONS
§ 8 1 . ROOF STAIRS. No stairs leading to the roof in any
multiple-dwelling shall be removed or be replaced with a
ladder.
§ 82. BULKHEADS. Every bulkhead hereafter con-
structed in a multiple-dwelling shall be constructed fire-
resistive or covered with metal on the outside.
NOTE: The reasons for requiring bulkheads to be Explana
covered with metal on the outside have been fully tion
set forth in the discussion under Section 53.
§ 83. STAIRWAYS. No public hall or stairs in a multiple-
dwelling shall be reduced in-width so as to be less than the
minimum width prescribed in sections fifty-four and fifty-
seven of this act.
[. DUMB-WAITERS AND ELEVATORS. All dumb-
waiters and elevators hereafter constructed in multiple-
dwellings shall be enclosed in fire-resistive shafts with fire
doors at all openings at each story, including- the cellar, in
the case of dumb-waiters such doors shall be self-closing;
and such shafts shall be completely separated from the stairs
by walls of approved fire-resistive material enclosing the
same.
NOTE: This section does not apply to dumb-waiter Explana-
shafts or elevator shafts which are already in existence, tion
but only to new ones which may be installed after
the act takes effect both in new dwellings and in
existing ones. The reasons for this requirement have
been fully set forth in the discussion under Section 58.
§85. ALTERATION OF EXISTING WOODEN MULTIPLE-
DWELLINGS. No existing wooden multiple-dwelling of
Class A1 shall hereafter be enlarged, extended or raised,
except that a wooden extension not exceeding a total area
of seventy square feet may be added, provided such ex-
tension is used solely for bath rooms or water-closets. Nor
shall any such existing wooden multiple-dwelling be so
altered or have its occupancy so changed as to be occupied
207
A MODEL HOUSING LAW § 86
by more than one family on any floor. No existing wooden
multiple-dwelling of Class B2 shall hereafter be increased
in height so as to exceed two and one-half stories in height.
Explana- NOTE i : As new tenement houses constructed of
wood are entirely forbidden, it is obvious that the
increase in height of existing wooden tenement houses
should not be permitted. It will not do, however, to
prohibit absolutely any alteration to such buildings.
Additions will of necessity have to be made in some
cases, especially where privy vaults are removed and
water-closets are installed. It would be absurd to re-
quire the new extension to a wooden tenement house
in which water-closets are to be located to be of brick.
On the other hand, there' are limits which should be
strictly observed. It will not do to permit the in-
definite extension of wooden tenement houses or any
material increase in the number of families living in
such dangerous buildings. It is therefore wise to pro-
hibit their alteration so that they will not be occupied
by more than one family on a floor. This does not
mean that the existing wooden tenement house which
now houses two or even more families on a floor can-
not be altered at all. The language is precise. It
means that the house shall not be so altered as to pro-
vide accommodations for more than one family on a
floor if these accommodations are not there at the
time the law takes effect. The objections to wooden
tenement houses have been fully set forth in the dis-
cussion under Section 62.
NOTE 2: It obviously will not do to permit exist-
ing wooden boarding houses and hotels to be altered
to exceed two and one half stories in height, when
the erection of new ones beyond that height is pro-
hibited under Section 62.
§ 86. WOODEN BUILDINGS ON SAME LOT WITH A MUL-
TIPLE-DWELLING. No wooden building of any kind what-
soever shall hereafter be placed or built upon the same lot
with a multiple-dwelling within the fire limits, and no
existing wooden structure or other building on the same
lot with a multiple-dwelling within the fire limits shall
hereafter be enlarged, extended or raised.
208
§ 86 ALTERATIONS
NOTE: This section is intended to prohibit the Explana-
erection of wooden sheds and out-buildings and sim- tion
ilar unsightly and dangerous structures on the same
lot with multiple dwellings in the built-up portions
of cities. Such structures are a menace in case of
fire and are also objectionable for sanitary reasons.
They are subject to rapid decay and become harbor-
ing places for dirt, disease germs and vermin.
209
A MODEL HOUSING LAW §§9°, 91
ARTICLE IV
MAINTENANCE
In this article will be found the provisions which an
owner must observe with regard to the maintenance of a
dwelling.
§ 90. PUBLIC HALLS, LIGHTING OF IN THE DAYTIME. In
every multiple-dwelling where the public halls and stairs
are not in the opinion of the health officer sufficiently
lighted, the owner of such dwelling shall keep a proper
light burning in the hallway near the stairs upon such
floors as may be necessary from sunrise to sunset.
Explana- NOTE: This provision is for artificial light in the
tjon daytime. In some houses where the halls and stairs
do not have windows to the outer air or are lighted
and ventilated by courts too small in size the halls are
often dark in the daytime. Owing to the varying
conditions which exist in the different types of old
houses, it is not wise to attempt to prescribe definitely
in the law the exact conditions under which it shall
be necessary to keep artificial light burning. This is
a case where the matter must be left to the intelligence
and common sense of the health officer. It is greatly
to the interest of owners to comply with this section;
otherwise, in the event of injuries resulting to a tenant
through falling on the stairs, the landlord would be
liable for damages. The requirement is limited to
multiple dwellings.
§ 91 . PUBLIC HALLS, LIGHTING AT NIGHT. In every mul-
tiple-dwelling a proper light shall be kept burning by the
owner in the public hallways near the stairs upon each
floor every night from sunset to sunrise throughout the
year if so required by the health officer.
210
§ 92
MAINTENANCE
NOTE: This is a provision for lighting the public Explana-
halls and stairs at night. It applies only to multiple
dwellings and is important from the point of view of
protection against fire and also from the point of view
of morality. Where halls are dark, especially in
tenement houses, tenants and visitors are apt to
strike matches to find their way, often throwing the
match on the floor before it is fully extinguished.
Many fires start in this way. Dark halls have also
been found to encourage immoral practices. It has
not been attempted to state precisely in the act the
conditions under which the light shall be kept burning.
As in the preceding section, it is left to the intelligence
and common sense of the health officer. In some
multiple dwellings of the higher class it is unnecessary
to maintain a light all night. In others it is essen-
tial.
§92. WATER-CLOSETS IN CELLARS. No water-closet
shall be maintained in the cellar1 of any dwelling without
a permit in writing from the health officer, who shall have
power to make rules and regulations governing the main-
tenance of such closets. Under no circumstances shall the
general water-closet accommodations of any multiple-
dwelling be permitted in the cellar or basement thereof;
this provision, however, shall not be construed so as to
prohibit a general toilet room2 containing several water-
( closets, provided such water-closets are supplementary
to those required by law.
NOTE i : No city should permit the maintenance
in the cellar of the general water-closet accommoda-
tions of a multiple dwelling. From a sanitary point
of view nothing could be worse. The objections to
the cellar water-closet have been fully set forth in the
discussion under Section 47. It is sometimes neces-
sary, however, to permit individual water-closets in
cellars. There may be stores on the ground floor and
no space for the water-closet there. There may be
janitors' apartments in the cellars and there must be
single water-closets there, but the health officer should
have the power to see that all water-closets are main-
tained under proper conditions.
21 I
ana-
A MODEL HOUSING LAW § 93
NOTE 2: The necessity for excepting a general
toilet room in a high-class hotel where the closets in
the toilet room are supplementary to those required
by law has already been discussed under Section 47.
§93. WATER-CLOSET ACCOMMODATIONS. In every dwell-
ing existing prior1 to the passage of this act there shall
be provided at least one water-closet for every TWO
apartments, groups or suites of rooms, or fraction thereof.2
Except that in multiple-dwellings of Class B3 there shall
be provided at least one water-closet for every FIFTEEN
occupants or fraction thereof.
Explana- NOTE i: It should be observed that this section
tion deals with the sufficiency of water-closet accommoda-
tions in dwellings existing prior to the passage of the
act. So far as new dwellings are concerned this sub-
ject is taken care of in Section 47. The ideal require-
ment would be to have in all multiple dwellings, both
old and new, especially those of a residential character,
one water-closet for every family. This is requisite
not only for decency but for health. The public
water-closet is a potent source of spreading venereal
disease and where responsibility for its use is divided,
experience shows that it is nearly always kept in a
neglected and unsanitary condition. It would be
deemed extreme in some cases, however, to impose
this requirement on owners of existing houses. One
water-closet for every two families, however, is only
what decency requires. Nothing less than this should
be tolerated. The family or the apartment in the
case of buildings of this type is the best basis of meas-
urement. One water-closet to so many occupants is
difficult of enforcement, as the number of occupants
in such houses is a variable element. The number
of apartments in the building, which is practically
the number of families, is on the other hand a con-
stant factor. If it is found practicable to raise the
standards and require one water-closet for every
family, the following variation is suggested:
Variation VARIATION: Strike out the words "two apartments,
groups or suites" and insert "apartment, group or suite"
212
§ 94 MAINTENANCE
NOTE 2 : It should be observed that where there are Explanj
not a sufficient number of water-closets already in
existence for the number of apartments in the build-
ing and it is necessary to provide new water-closets,
the new water-closets will have to conform to the re-
quirements of Sections 37, 47, and 49 as provided in
Section 78.
NOTE 3: In the case of multiple dwellings where
the occupancy is of a transient nature, such as hotels,
boarding houses, lodging houses, and so forth, namely,
those of Class B, it is not practicable to require one
water-closet for each group of rooms, as the rooms are
apt to be let singly. The only standard that can be
fixed here is on the basis of the number of occupants.
This is not a satisfactory standard but will on the
whole give reasonably satisfactory results. One closet
for every 15 persons is the minimum. A similar re-
quirement will be found in most of the labor laws of
the country in the regulations for factories where
many people are employed.
§ 94. BASEMENT AND CELLAR ROOMS. No room in the
cellar1 of any dwelling2 erected prior to the passage of
this act shall be occupied for living purposes. And no
room in the basement of any such dwelling shall be so
occupied without a written permit3 from the health
officer, which permit shall be kept readily accessible in
the main living room of the apartment containing such
room. No such room shall hereafter be occupied unless
all the following conditions are complied with:
(1) Such room shall be at least SEVEN feet high in
every part from the floor to the ceiling.
(2) The ceiling of such room shall be in every part at
least THREE FEET SIX INCHES above the surface
of the street or ground outside of or adjoining the same.
(3) There shall be appurtenant to such room the use of
a water-closet.
(4) At least one of the rooms of the apartment of which
such room is an integral part shall have a window opening
directly to the street or yard, of at least TWELVE square
213
A MODEL HOUSING LAW
94
Explana-
tion
Concession
Explana-
tion
feet in size clear of the sash frame, and which shall open
readily for purposes of ventilation.
(5) The lowest floor shall be water-proof and damp-
proof.
(6) Such room shall have sufficient light and ventilation,
shall be well drained and dry, and shall be fit for human
habitation.4
NOTE i : There is no city in America except New
York which needs to countenance the occupancy of
cellar rooms for living purposes. Most cellar rooms
are unfit to be used as living places by human beings;
nor is there in many cities such lack of living accom-
modations, or pressure of population or inability
to spread out as to make necessary going underground
for homes. Notwithstanding these facts it is sur-
prising to find- the extent to which cellar rooms are
occupied for living purposes in many of our cities. It
is because no effort has been made to prevent this
evil. Such rooms are generally low priced and there
are always plenty of people who will live under any
conditions, no matter how bad, if they are permitted
to. This evil should be dealt with with a stern hand.
If, however, it is felt necessary to make concessions
in this respect and to permit the occupancy of rooms
in cellars, the following concession might be con-
sidered. (There are a few cellars under exceptional
conditions which can be safely occupied.)
CONCESSION: After the fifth word "cellar" insert the
following: "or basement" and strike out the period after
"purposes" and also the following words: "And no room
in the basement of any dwelling shall be so occupied"
NOTE 2: It should be noted that this section re-
lates solely to rooms in cellars and basements already
in existence at the time the act takes effect. The
conditions which govern the occupancy of cellar and
basement rooms in new dwellings will be found in
Sections 42 and 43 and in those other provisions of
Article 1 1 which deal with the size and ventilation of
rooms, and so forth.
NOTE 3: In order to prevent the continuance of
improper conditions it is essential that the health
214
§§ 95> 96 MAINTENANCE
officer should have complete control over the occu-
pancy of basement and cellar rooms at all times. This
can best be secured by requiring a written permit
from the health officer stating that such rooms can be
occupied. It is also desirable to require that a copy
of the permit shall be kept in one of the rooms of the
apartment so that it can be seen by anyone inspecting
the rooms as occasion may require.
NOTE 4: The essential conditions which make a
basement room fit for occupancy are that the rooms
shall be sufficiently high, shall be reasonably above
ground, shall have proper light and ventilation and
be free from dampness. Certain definite standards
are therefore established in this section. It is rec-
ognized, however, that these standards may be ob-
served and yet, owing to some reason unforeseen, the
rooms may not be fit for human occupancy. The
health officer should under such circumstances be
free to refuse a permit, to forbid their occupancy.
The "drag-net" clause requiring that the rooms shall
have sufficient light and ventilation, shall be well
drained and dry, and shall be fit for human habita-
tion is therefore added. Under the terms of this
latter provision if any basement rooms are occupied
that are not fit for occupancy, the fault will rest with
the health officer who can be quickly called to ac-
count.
§95. CELLAR WALLS AND CEILINGS. The cellar walls
and cellar ceilings of every dwelling shall be thoroughly
whitewashed or painted a light color and shall be so
maintained. Such whitewash or paint shall be renewed
whenever necessary, as may be required by the health
officer.
NOTE: This is a sanitary measure. A coat of Explana-
whitewash on cellar walls and ceilings will do wonders-
as a germ destroyer. It will also lighten up dark cel-
lars and thus show up dirt and rubbish as it accumu-
lates. The cost of a coat of whitewash is negligible.
This section applies to cellar walls, not to basement
walls.
§96. WATER-CLOSETS AND SINKS. In all dwellings the
floor or other surface beneath and around water-closets
215
A MODEL HOUSING LAW § 97
and sinks shall be maintained in good order and repair
and if of wood shall be kept well painted with light colored
paint.
Explana- NOTE: The purpose of this requirement, especially
tion the painting of the woodwork underneath water-
closets and sinks, is to insure the keeping of these
places in a sanitary condition. As they are frequently
in the dark, where accumulations of dirt and filth do
not show, the painting of the floor surface underneath
them with white paint will at once show up such
accumulations; thus leading to their removal. Objec-
tion may be raised to this provision in its application
to high-class private dwellings, where the owners of
such houses have a good hardwood floor in their
bathrooms and object to having a square of white
paint under the water-closet fixture. Where such
objection is raised and is raised seriously the following
concession is suggested :
Concession CONCESSION: Omit everything after the word "re-
pair."
§97. REPAIRS. Every dwelling and all the parts thereof
shall be kept in good repair by the owner, and the roof
shall be kept so as not to leak, and all rain water shall be so
drained and conveyed therefrom as not to cause dampness
in the walls or ceilings or nuisance to adjacent buildings.
Explana- NOTE: In some cities the requirement is made that
not only rain water shall not cause dampness in the
walls or ceilings but that it shall be conveyed from
the premises so as to prevent the water from dripping
on the ground. This means that a system of rain
leaders and gutters must be provided on the outside
of the building and these in turn either connected
with the sewer or the plumbing system of the build-
ing, where there is one, or conducted to the street by
means of a gutter under the surface of the yard or
court. This is a perfectly proper provision but in the
smaller communities where the customary method is
to permit the water to drip on the ground, objection
is made to it out of all proportion to the benefits to
be obtained. Where it is possible to require that the
216
§ 98 MAINTENANCE
water shall not drip on the ground it is highly de-
sirable and the following variation is therefore sug-
gested. After the words "and conveyed therefrom
as " strike out the rest of the section and insert the -
following:
VARIATION : " to prevent its dripping on to the ground Variation
or causing dampness in the walls, ceilings, yards or areas,
or nuisance to adjacent buildings."
5. WATER-SUPPLY. l Where a public water-supply is
reasonably accessible as provided in section nine of this
act5 every dwelling shall have within the dwelling at least
one proper sink with running water furnished in sufficient
quantity at one or more places exclusive of the cellar.2 In
two-family dwellings and multiple-dwellings of Class A
there shall be at least one such sink on every floor, accessi-
ble to each family on the floor occupied by said family
without passing through any other apartment.3 The
owner shall provide proper and suitable tanks, pumps or
other appliances4 to receive and to distribute an adequate
and sufficient supply of such water at each floor in the said
dwelling at all times of the year, during all hours of the
day and night. But a failure in the general supply of city
water shall not be construed to be a failure on the part of
such owner, provided proper and suitable appliances to
receive and distribute such water have been provided in
said dwelling.
NOTE i : A plentiful supply of pure water is prob- Explana-
ably the greatest essential of modern civilization, tion
far more important than protection against fire or
the elements. Without an adequate supply of water
we cannot expect to have good citizens. Cleanliness
is in this instance above godliness or rather part of
it. Most of the unsanitary and disgraceful condi-
tions which are found in the slums of our cities are
due to the lack of a proper water supply within the
dwelling convenient of access to all the tenants.
Where all the water that must be used can be had
only from a hydrant in the yard or from some neigh-
217
A MODEL HOUSING LAW
boring yard and has to be carried up three or four
flights of stairs, cleanliness is at a premium; not
only cleanliness of the person but cleanliness of the
dwelling. The unregenerate slum landlord will
strenuously object to furnishing water inside the
house but we are on safe ground in insisting on no
abatement in this provision. It was a similar pro-
vision enacted in New York state in 1887 that was
tested and went to the Court of Appeals, which re-
sulted in the decision known as the case of Health
Department vs. Rector, 145 N. Y., where the re-
quirement to furnish water inside the building in all
existing tenement houses was not- only sustained but
a decision was rendered by that court which greatly
strengthened the authority of the police power
generally throughout the country.
NOTE 2: Sanitary conditions will not result if the
only source of water supply is a sink in the cellar.
Such sinks are bound to be located in the dark and
be subject to abuse. They are also too convenient
of access to passersby and neighbors and for this
reason are likely to be abused. It is also imposing
on the tenants on the top floor too great a burden to
have to carry water from the cellar to the top story.
NOTE 3: It should be noted that this provision
does not go to the extent of requiring a separate sink
in each apartment, though this is highly desirable.
In new dwellings (Section 46) this is required, but it
might be considered a hardship to impose a similar
requirement in the case of the older buildings. What
is required, however, is that there shall be at least
one sink with a proper supply of running water inside
of each dwelling, and that in the case of tenement
houses, flats and apartments, and similar buildings
there shall be such a sink inside of each apartment
or in the public hall accessible to all the families on
that floor.
NOTE 4: The requirement that the owner shall
provide proper and suitable tanks and other appli-
ances means that he shall provide faucets at the sinks,
and that when the city water pressure is not adequate
to supply water to the top floors he must install a
system of tanks, or pumps, or some other mechanism
that will insure an adequate supply for such floors
at all times. This is essential not only for reasons
218
§§99> IO° MAINTENANCE
of cleanliness and morality but especially important
in case of fire.
NOTE 5: This section is of course subject to the
limitations of there being a communal water supply
in the town and must be read in connection with
Section 9.
§ 99. CISTERNS AND WELLS. Where there is no city
water-supply reasonably accessible as provided in section
nine, there shall be provided one or more adequate cisterns
or wells with a' pump or other attachment for drawing
water, but with no opening for drawing water with pails
or buckets. Such cisterns or wells shall be furnished of
such size and number and constructed and maintained in
such manner as may be determined by the health officer.
NOTE : This is necessary in undeveloped communi- Explana-
ties of a suburban or rural character where there is tion
no communal water supply and where it is necessary
to utilize cisterns or wells. It has not been thought
wise to attempt to outline in the law the detailed re-
quirements as to the size or number of such cisterns
or wells, but these details have necessarily been left
to the local health officer.
§ 100. CATCH-BASINS. In the case of dwellings where,
because of lack of city water-supply or sewers, sinks with
running water are not provided inside the dwellings, one
or more catch-basins or some other approved convenience
for the disposal of waste water, as may be necessary in
the opinion of the health officer, shall be provided in the
yard or court, level with the surface thereof and at a point
easy of access to the occupants of such dwelling.
NOTE: This is a provision similar to the preceding Explana-
one and applies in similar communities where there tion
is no city water or no sewer system, and where some
system of disposing of waste water, and so forth,
other than carrying it down and dumping it in the
yard or emptying it out of the window should be pro-
vided. Catch-basins are a necessary temporary
evil and should not be tolerated one moment beyond
the introduction of a water and sewer system. The
219
A MODEL HOUSING LAW § IOI
catch-basin that is referred to here is a small iron
basin or grating sunk in the ground into which waste
water can be emptied and can drain under the surface
of the ground.
§ 101. CLEANLINESS OF DWELLINGS. Every dwelling
and every part thereof shall be kept clean and shall also
be kept3 free from any accumulation of dirt, filth, rubbish,
garbage or other matter in or on the same, or in the yards,
courts, passages, areas or alleys connected with or be-
longing to the same. The owner1 of every dwelling, and
in the case of a private-dwelling the occupant thereof,
shall thoroughly cleanse or cause to be cleansed all the'
rooms, passages, stairs, floors, windows, doors, walls,
ceilings, privies, water-closets, cesspools, drains, halls,
cellars, roofs and all other parts2 of the said dwelling, or
part of the dwelling of which he is the owner, or in the
case of a private-dwelling the occupant, to the satisfaction
of the health officer, and shall keep the said parts of the
said dwelling in a cleanly condition at all times. But
this section shall not be construed4 to require the owner
to keep clean the individual apartments of a two-family
dwelling or a multiple-dwelling of Class A, except where
such apartments are unoccupied. It shall be the duty of
each occupant to keep the portion of the dwelling occu-
pied by him and over which he has control in a cleanly
condition at all times.
Explana- NOTE i : This is an important provision and places
upon the owner of all dwellings other than private
dwellings the responsibility for the cleanliness of the
building and premises. In the case of a private
dwelling it is obvious that it is more reasonable to
hold the occupant responsible. This provision, how-
ever, must be read in connection with Section 145
which provides that if an occupant of a dwelling fails
to comply with the provisions of the act he may be
summarily evicted, in which event, the house being
vacant, the health officer would look to the owner
to clean up the unsanitary conditions before a new
tenant is taken.
220
§ 1O2 MAINTENANCE
NOTE 2: It should be noted that in this section
there is a detailed enumeration of all the various
parts of the dwelling which are to be kept clean.
While such enumerations are generally dangerous, -
this is safeguarded by adding the general "drag-net''
provision at the end embracing every other part
which may have been forgotten. There is a distinct
advantage in this case in this detailed enumeration
as it tends to indicate to the courts and to the en-
forcing officials the clear intent of the legislature.
NOTE 3: It would appear at first glance that the
repetition of the words "and shall be kept" in the
second line is unnecessary verbiage. This is not the
case, and the insertion of these four words gives a
totally different meaning to the provision than would
be had if they were omitted. If omitted the section
might be interpreted to mean that the dwelling shall
be kept clean and free from any accumulation of dirt,
filth, and so forth. This the court might hold to
mean that accumulations should not be allowed.
This is a very different thing from what is intended
and what is said; namely, that all the parts of the
building shall be kept clean and that in addition they
are also to be kept free from accumulations of various
kinds.
NOTE 4: There has been some doubt in the minds
of owners and realtors in connection with this same
provision in the earlier edition of the Model Law as
to the division of responsibility between owner and
occupier of various types of houses. For this reason,
there has been added a provision which makes this
clear beyond question.
§ 102. WALLS OF COURTS. In multiple-dwellings the
walls of all courts, unless built of a light colored material,
shall be thoroughly whitewashed by the owner or shall
be painted a light color by him, and shall be so maintained.
Such whitewash or paint shall be renewed whenever nec-
essary, as may be required by the health officer.
NOTE: This requirement is for the purpose of im- Explana-
provihg the conditions of light in courts; it is also a tion
sanitary measure, a coat of whitewash being a most
effective agent in doing away with dirt and germs.
221
A MODEL HOUSING LAW §§ 103, 1 04
§103. WALLS AND CEILINGS OF ROOMS. In all multiple-
dwellings the health officer may require the walls and
ceilings of every room that does not open directly on the
street to be kalsomined white or .painted with white paint
when necessary to improve the lighting of such room and
may require this to be renewed as often, as may be neces-
sary.
Explana- NOTE: This is an important provision and is for
tion the purpose of improving the lighting of rooms that
are too dark, especially those in the older buildings.
A coat of white paint on walls and ceilings will do
wonders in lighting up a dark room. There are many
basement rooms for which permits for human oc-
cupancy are denied because the rooms are too dark,
the walls being painted the usual "tenement-house
green/' for which permits are ultimately granted
when the walls are painted white; white paint does
not absorb light as dark paint does and also radiates
it more readily.
§ 104. WALLPAPER.1 No wall paper shall be placed upon
a wall or ceiling of any dwelling2 unless all wall paper
shall be first removed therefrom and said wall and ceiling
thoroughly cleaned.
Explana- NOTE i : This section does not prohibit the use of
wall paper. From a sanitary point of view it would
be desirable to make such a prohibition in the case
of the homes of the poor, but this is not possible as
tenants in high-class flats and apartments as well as
in tenements desire to decorate their homes in this
way. The section, however, does prohibit putting
on any new wall paper over existing wall paper.
While this adds materially to the cost of decoration
of rooms, the effect of the enforcement of such a
provision is to encourage the painting of walls — a
much more sanitary method — and to discourage the
use of wall paper. Wall paper is objectionable from
two points of view; first, because disease germs
which may have been deposited there under previous
tenancy are thus given a long lease of life 'and may
affect the health of new tenants. This is especially
so in the case of tuberculosis. Wall paper is further
222
§ IO5 MAINTENANCE
objectionable in the homes of the poor for the reason
that it encourages vermin, as the sweet paste is
especially agreeable to this form of insect life. In
some cities as many as 13 layers of wall paper have -
been taken from one wall, and this not in a cheap
tenement but in a high-class apartment house.
NOTE- 2: Considerable opposition may develop to
this requirement as involving unnecessary expense
on the owner, and especially upon working people
who own their homes and live in single-family dwell-
ings. If it develops that this opposition is very
strong, it would be wise to make a concession and to
exclude private dwellings from the application of
the section. In such event the following concession
is suggested:
CONCESSION: Change the word "dwelling" to "multi- Concession
pie-dwelling"
NOTE 3: If very great opposition develops, it can
do no great harm to omit the entire section, relying
on the ability of the health officer to remedy any bad
conditions that may arise under the general powers
conferred upon him under Section 113. «
§ 105. RECEPTACLES FOR ASHES, GARBAGE AND RUB-
BISH. l Suitable tight, non-absorbent receptacles2 with
covers, for holding ashes, rubbish, garbage, refuse and
other waste matter shall be provided and maintained for
every dwelling. In the case of private-dwellings and two-
family dwellings such receptacles shall be provided by the
occupants. In the case of multiple-dwellings of Class A
each family shall provide its own receptacles, but the
owner shall provide such general receptacles to receive
such waste materials as may be necessary, located in some
convenient place accessible to all the occupants of such
dwelling. Wherever the owner of such multiple-dwelling
provides individual receptacles for each apartment, it
shall be the duty of the occupant of such to keep the re-
ceptacles used by him in a cleanly condition at all times.
The construction and maintenance of garbage chutes3 and
223
A MODEL HOUSING LAW 10$
bins4 is prohibited, but this shall not be construed as pro-
hibiting garbage incinerators if properly constructed.
Explana- NOTE i : No provision is more important than this
if conditions of cleanliness are to be maintained in
and around the dwellings of the poor. Where proper
receptacles are not provided in which t'o put waste
material so that this may be promptly removed by
the city authorities, the result is that it is piled up in
unsightly and disgusting heaps in the back yard, or
in the cellar, or alley, or some part of the out-premises.
In the case of most multiple-dwellings it is obvious
that the responsibility should be placed upon the
owner for the furnishing of these receptacles. In
a private dwelling, however, the occupant has com-
plete control over the dwelling and should provide
them. Objection may be raised in some cities to this
simple and elementary provision, claim being made
that the metal cans which have been provided have
been stolen by the tenants and sold for junk. The
cases where this has happened are rare and the plea
is not worthy of consideration. The answer to such
a plea is that the landlord should get a different class
of tenants.
NOTE 2: It is highly desirable that tight metal
cans should be required. Wooden tubs, boxes, or
barrels such as are frequently provided are un-
sanitary and are sure to result in the garbage and
other refuse being distributed over the ground and
premises. It is also of great importance that these
cans shall be kept covered. The best type of can is
one with a cover attached; that is, a hinged cover.
This is not the usual type. Unless cans are kept
covered cats and rats will feed upon their contents
and distribute it over the premises. Flies also will
swarm around it, thus increasing the fly nuisance and
adding to the danger of transmission of disease.
NOTE 3: Garbage chutes are abominations. In-
tended originally as a convenience they have proved
in practice to be nuisances because the garbage
collects along the sides of the chute and gives rise to
noxious odors.
NOTE 4: Garbage bins for the storage of garbage
and other refuse material are equally objectionable,
although it is the custom to have such bins in a num-
224
§ IO6 MAINTENANCE
her of cities. The idea of hoarding garbage and other
refuse is repugnant to proper standards of sanitation.
These waste products should be immediately removed
from the premises and properly disposed of by the city
authorities; it is certainly not desirable to keep such
refuse in close proximity to the living quarters of
the people.
§ 106. PROHIBITED UsEs.1 No horse, mule, cow, calf,
swine, sheep, goat, chickens, geese or ducks shall be kept
in any dwelling or part thereof. Nor shall any such animal
be kept on the same lot or premises2 with a dwelling except
under such conditions as may be prescribed by the health
officer. No such animal, except a horse or mule, shall
under any circumstances be kept on the same lot or
premises with a multiple-dwelling.3 No dwelling or the lot
or premises thereof shall be used for the storage or handling
of rags4 or junk.
NOTE i : It will not do to prohibit the keeping of Explana-
all animals in a dwelling. People naturally desire
to keep cats, dogs, and birds; but the undesirability
of housing in the same building in which human beings
reside any of the animals enumerated in this section
is at once obvious and needs no supporting argument.
All of the animals above mentioned have been found
in the houses of the poor in different cities at various
times.
NOTE 2: When it comes to the keeping of these
animals on the same premises with dwellings the
question is different. In many of our cities, es-
pecially in the outlying sections, it will be very much
desired to keep not only a horse but also cows and
chickens and similar animals. So long as the con-
ditions under which these animals are kept may be
regulated by the health officer there is little likelihood
of danger resulting.
NOTE 3: Animals should not however be kept on
the same lot with a multiple dwelling. Such build-
ings are not a necessity in the undeveloped or rural
portions of the community and therefore no hardship
will result. Where multiple dwellings are built it
means that many families or individuals will reside
J5 225
A MODEL HOUSING LAW § 1 07
on a given piece of land. It is distinctly unwise and
injurious to permit the keeping of animals in close
proximity to many people.
NOTE 4: The prohibition against rag shops and
junk shops and the storage of such material either
in dwellings or on the premises needs no argument.
Such places are a potent source of contagious disease
and a fire menace, and should be strictly limited to
business quarters and even there kept under close
observation and control at all times.
NOTE 5: The evil of tenement house prostitution
is not so general throughout the country that it has
seemed necessary or desirable to include in this section
a prohibition against the use of any part of a multiple
dwelling for such purposes. In New York and some
of our Eastern cities which are distinctly tenement
house cities this evil some years ago assumed such
proportions that it became necessary to impose much
stricter penalties for the committing of prostitution
in buildings in which the respectable poor people
dwell than attach to this offense in ordinary " houses
of prostitution/' While the evil is not widespread,
it may develop at any time in any city and it can do
no harm to embody in this law a provision dealing
with this subject. If .this is desired, the following
variation is suggested. Add at the end of the section
the following:
Variation VARIATION : " No multiple-dwelling or the lot or
premises thereof shall be used for purposes of prostitution
or assignation."
§ 107. COMBUSTIBLE MATERIALS.1 No dwelling, nor
any part thereof, nor of the lot upon which it is situated,
shall be used as a place of storage, keeping or handling
of any article dangerous or detrimental to life or health;
nor of any combustible article, except under such con-
ditions as may be prescribed by the fire marshal2 under
authority of a written permit issued by him. No multi-
ple-dwelling3 nor any part thereof, nor of the lot upon
which it is situated, shall be used as a place of storage,
keeping or handling of feed, hay, straw, excelsior, cotton,
paper stock, feathers or rags.
226
§ IO8 MAINTENANCE
NOTE i: It will not do to prohibit outright the Explana-
keeping of combustible articles, as this would prevent ^on
the reasonable storage of gasolene in a private garage
at the rear of the lot behind a private dwelling. It
would also prevent the sale of kerosene oil in a grocery
store which might be located on the ground floor of
an apartment house, or of benzine or alcohol in a drug
store similarly located. It is essential, however, that
the fire marshal should have authority to regulate
and control .the conditions under which such articles
may be kept or stored. •
NOTE 2: The fire marshal is the public official who
will generally have jurisdiction over these matters.
Where some other official has jurisdiction he should
be substituted. In some cities the commissioner of
public safety would be the appropriate person.
NOTE 3: It should be noted that a clear distinc-
tion has been made between conditions which may
be permitted in private dwellings and two-family
dwellings and those which are allowed in multiple
dwellings. In the latter case an absolute prohibition
is made against the storage, keeping, or handling of
certain articles dangerous from the point of view of
fire. In addition to this absolute prohibition, all
multiple dwellings are also subject to the provisions
of the first part of this section, which apply to all
classes of dwellings, and are general in their nature.
§ 1 08. CERTAIN DANGEROUS BUSINESSES. There shall
be no transom, window or door opening into a public hall1
from any part of a multiple-dwelling where paint, oil,
drugs2 or spirituous liquors are stored or kept for the
purpose of sale or otherwise.
NOTE i : As the public halls and stairs in multiple Explana-
dwellings are the danger point in case of fire, it is tion
desirable to have no connection between them and
stores in which such inflammable and explosive
materials as paint, oil, drugs, or liquors are stored.
The effect of this provision is to close the side door
of the saloon where such side door leads into the
tenement hallway. From a social point of view this
is a distinct advantage. It also means that inside
transoms or door openings must be filled in solid
227
A MODEL HOUSING LAW
§I09
Concession
Explana-
tion
with the same material as the partition. Locking
the door or nailing the transom will not satisfy the
requirements.
NOTE 2: It may be the part of wisdom to exempt
hotels from this provision. Otherwise claim may be
made that it would not be possible to have a bar such
as is usually found in a hotel, nor a drug store, as
communication between the bar and public rooms,
and frequently the hall, is usually direct. While
this claim may be readily met by a slight change in
the plans, — it is possible to so arrange the bar that
it will not communicate directly with the public halls
and stairs, — the issue is not worth contending about.
It is simpler to exempt hotels. The following con-
cession is therefore suggested. Add at the end of the
section the following:
CONCESSION : ' This provision shall not apply to
hotels as defined in paragraph four of section two."
§ 109. JANITOR OR HOUSEKEEPER. l In any multiple-
dwelling of Class A in which the owner thereof does not
reside,2 there shall be a janitor, housekeeper or other
responsible person who shall reside in said house and have
charge of the same, if the health officer shall so require.3
NOTE i : This is one of the important provisions
of the act from a sanitary point of view. In tene-
ments where there are many families, unsanitary
conditions are bound to result if there is not some one
living on the premises who is responsible for the
maintenance of the public parts of the building — the
halls, stairs, water-closets, and the out-premises.
What is everybody's business is nobody's business,
and individual tenants will feel no responsibility for
the public parts of the building nor can they prop-
erly be held responsible.
NOTE 2: It should be noted that the requirements
of this section will be fulfilled if some one of the
tenants is designated by the owner as janitor or
housekeeper. Exception is made in the case in which
the owner resides in the house because in that case
he will look after its condition far better than any
janitor.
228
§ I 10 MAINTENANCE
NOTE 3: In some cities an attempt is made to
establish in the law a definite standard by the number
of families in the house and to require a janitor on
the premises in all cases where there are that many
families or more. It is thought better, owing to the
varying conditions which prevail in most communi-
ties, to leave this to the discretion of the health officer,
who will have to answer to the public if unsanitary
conditions exist and he has not required a resident
janitor on the premises.
§ 1 10. OVERCROWDING.1 If any room in a dwelling is2
overcrowded the health officer may order the number of
persons sleeping or living in said room to be so reduced
that there shall be not less than SIX HUNDRED cubic
feet3 of air to each adult and FOUR HUNDRED cubic
feet of air to each child under twelve years of age
occupying such room.
NOTE i : This is a very different provision from the
r 1*11 f A • •• i -
one found in the laws of many American cities to the tjon
effect that no matter what the conditions, no room
shall have less than 400 cubic feet of air space for
each adult. To require arbitrarily that no room shall
contain less than a certain amount of cubic air space
for each occupant is to bring about in some cases
unreasonable and absurd situations.* It is very
doubtful whether a requirement of that nature if con-
tested could be sustained as a reasonable exercise
of the police power. The number of cubic feet of air
space is not the sole standard as to the fitness of a
room for human occupancy. In fact it is of com-
paratively minor importance in comparison with
other elements. The character of the air, the fre-
quency of its renewal, the opportunity for "through"
ventilation, the reduction of high temperature, are
the important things in room ventilation. The ques-
tion of reducing the number of occupants of a room is
a matter which necessarily must be left to be de-
termined by the health officer upon £he conditions
found in individual rooms, which vary greatly. One
room may be small, dark, and unventilated; another
large and with good light and ventilation. A " room"
* For further discussion, see Housing Reform, pp. 29, 30.
229
A MODEL HOUSING LAW § I I I
has not as yet been standardized. The scheme of
this section, therefore, is to leave entirely to the health
officer the power to reduce the number of occupants
in a room so that there shall not be more than a
proper number.
NOTE 2: It should be observed that this power can
only be exercised if the room is actually overcrowded.
. This at once becomes a question of fact and enables
the owner to go into court and establish whether his
room is overcrowded or not, with the burden of proof
upon the health officer to show that the room is over-
crowded. This is as it should be. It is an extreme
power and should not be exercised unless the health
officer can clearly demonstrate to the satisfaction of
fair-minded people that the conditions are such as to
warrant action.
NOTE 3: Numerous opponents of housing reform
who will not reap! the law carefully will assume that
this provision, because it mentions a certain number
of cubic feet, is similar to the provision found in other
laws with which they are familiar, and will oppose
this on the ground that this is a more stringent regu-
lation than is found in most laws, which as a rule call
for 400 cubic feet of air space for each adult and 200
for each child under twelve years of age. It is im-
portant to make plain to such persons the points in
which this provision differs from the requirements
that have been customary in previous laws, as above
set forth.
§111. LODGERS, ROOMERS AND BOARDERS PROHIBITED.1
The health officer may prohibit in any2 multiple-dwelling
the letting of lodgings therein, and may prescribe condi-
tions3 under which lodgers, roomers or boarders may be
taken6 in multiple-dwellings. Where lodgers, roomers or
boarders are permitted to be taken, the health officer
shall issue a "written permit to that effect and shall keep
an accurate public record of all such permits with all nec-
essary detailed information as to size of rooms, their ade-
quacy, the number of roomers or lodgers permitted and so
forth. It shall be the duty of the owner4 of all multiple-
dwellings to see that the requirements of the health officer
in this regard are at all times complied with, and a failure
230
§ I I I MAINTENANCE
to so comply on the part of any tenant or occupant after
due and proper notice from said owner, shall be deemed
sufficient cause for the summary eviction of such tenant or
occupant, and the cancellation of his lease. The provi-
sions of this section may be extended to private-dwellings
and two-family dwellings, as may be found necessary by
the health officer.5
NOTE i : The evil of Room Overcrowding discussed Explana-
under the preceding section is almost invariably tion
wrapt up with the practice of taking in roomers,
lodgers or boarders. Strangely enough, though the
connection between this housing evil and diseases of
certain kinds — viz., all "contact diseases" such as
Influenza, is very close and has been clearly estab-
lished to the satisfaction of the medical authorities,
yet the fact remains that this is the one serious phase
of bad housing that has never had satisfactory treat-
ment in America. This situation has not been due so
much to lack of knowledge of the facts or apprecia-
tion of the serious consequences of such conditions as
it has to an unwillingness on the part of public officials
to take up a cause which is so unpopular with all
classes in the community affected by it, and for which
there is so little popular support.
The roomer who finds a comfortable home at com-
paratively low rates certainly does not want a law
that deprives him of this; the tenant or occupier of
a house or flat who by taking in roomers augments
his income does not want a law that deprives him of
that income; and finally, the owner of dwelling house
property who can get a greater rental for it, because
his tenant takes in roomers does not want a law that
deprives him of that increased rental. Thus, we see
that the three classes in the community most closely
affected by such legislation have strong personal and
financial incentives to oppose its passage and resist
its enforcement.
But the community has a most important interest
in such legislation. For its own protection, its own
health, its own welfare, it is essential. Unfortunately
the only people who want it, as a rule, are a few
" cranks/' — public health officials, social workers and
housing reformers, and similar socially minded per-
231
A MODEL HOUSING LAW § I I I
sons. Their task should be to inform the general
public as to how this concerns them, so that what
affects the welfare of the whole community may out-
weigh in the minds of legislative bodies and enforcing
officials and local minor courts the opposition of
selfish interests that may be adversely affected. The
recent nation-wide Influenza epidemic should be a
potent weapon in driving this idea home.
NOTE 2: This provision applies to all multiple
dwellings, — those of Class B as well as Class A. It
therefore affects lodging houses, hotels, boarding
houses and similar buildings where the chief purpose
is the taking in of lodgers, roomers and boarders.
This is deliberate. For, buildings of this class should
be required to take out permits, and should be operated
under the strict supervision and control of the sani-
tary authorities, sometimes of the police authorities as
well. This should not be deemed a hardship, as
lodging houses and hotels in most cities are now under
this necessity.
NOTE 3: Complete prohibition of taking lodgers or
roomers in dwellings is, of course, out of the question.
It would probably be held to be unconstitutional,
even if it were desirable. The best that can be done,
therefore, is to vest in some public .official the power
to set up the conditions under which the practice may
safely be followed. This will allow the health officer
to permit it, where rooms are light and well venti-
lated, and there is no overcrowding, and to forbid it
where rooms are only sufficient for the needs of the
family occupying them. The section contemplates
the granting of a written permit by the health officer
in cases where lodgers are permitted, and the keeping
of full and complete records relative thereto.
NOTE 4: Earlier laws have placed the responsibility
solely upon the tenant. It has been largely because of
this that such efforts at legal regulation have failed, as
the courts have been unwilling to hold as criminal
offenders the poor foreigners among whom this practice
chiefly prevails, and who always plead poverty and ig-
norance when brought into court. It is significant that
the only two instances in which an effort is made to hold
the tenant responsible for violation of the law, namely,
in the case of room overcrowding and the placing of
encumbrances upon fire-escape balconies, are the only
232
§ I I I MAINTENANCE
provisions of our tenement laws which have proved
unenforceable and have baffled the health officers
of all our cities. Whereas the other sections of the
law where the owner is held responsible, have always
been found to be capable of proper enforcement. This
section deliberately places the responsibility upon the
owner in the case of multiple dwellings for the pres-
ence in his house of lodgers and boarders in the in-
dividual apartments of the tenants. It will be
claimed by some that it is unreasonable to hold the
owner responsible in this way and that he cannot
know of the presence of outsiders in the families to
whom he has rented his apartments. This is plaus-
ible but not sound. Where there is a janitor on the
premises, and there should be one in the case of all
tenement houses, the class of buiidings in which this
evil is chiefly found, the janitor always knows whether
the tenants are taking in lodgers or boarders. Just
as it has been found practicable in the New York law
to hold the owner responsible for the moral character
of his tenants and make him liable for a penalty of
$i ,000 for a failure to evict prostitutes, so it is equally
practicable to make him responsible for room over-
crowding. A full discussion of this subject and the
methods under which this provision would work will
be found in a paper on Room Overcrowding, in Hous-
ing Problems in America.*
NOTE 5 : This provision is a radically different one
from the similar section found in the first edition of
this book published five years ago. There, a scheme
was outlined which prohibited the letting of lodgings
in every class of dwelling, including private-dwellings,
without obtaining a written permit from the health
officer. This put the burden of responsibility upon
the occupiers of all dwellings, even in cases where the
taking of roomers was entirely permissible. It was
too great a burden and was resented by the majority
of people as an undue interference with their private
affairs. It was somewhat like "burning down the
barn in order to have roast pig." While it was granted
that it was right and proper that the health officer
should be able to control conditions where foreigners
take in 6 or 8 lodgers in one room, it was felt that to
* Housing Problems in America, Vol. II, pp 58-78. New York,
National Housing Association Publication, 1912.
233
A MODEL HOUSING LAW § 112
have the health officer determine in every case whether
or not one might be permitted to take a roomer into a
private dwelling was going too far.
For these reasons the section deals primarily with
multiple dwellings, where as a rule the evil is great-
est, but permits the health officer to extend its appli-
cation to private dwellings and two-family dwellings
when necessary.
From an administrative point of view, the change
over the provisions contained in the first edition of
this book is a most important one. The health officer
instead of having to inspect every dwelling in the city
and determine whether it is suitable for the taking in
of lodgers, need now deal only with those cases where
bad conditions arise and as they arise.
NOTE 6: Persons who are seeking to oppose the
law may raise the question that the provisions of this
section will prohibit some friend from visiting them.
This is a fanciful and strained construction. No
court or public official will take such a position for a
moment. What the section does is to prohibit the
taking of outsiders to live in the family as a business
for which compensation is had.
§112. INFECTED AND UNINHABITABLE DWELLINGS TO
BE VACATED.1 Whenever it shall be certified2 by an in-
spector or officer of the health department that a dwelling
is infected3 with contagious disease, or that it is unfit for
human habitation, or dangerous to life or health by reason
of want of repair, or of defects in the drainage, plumbing,
lighting, ventilation, or the construction of the same, or by
reason of the existence on the premises of a nuisance likely
to cause sickness among the occupants of said dwelling,
or for any other cause, the health officer may4 issue an
order requiring all persons therein to vacate5 such house
within not less than TWENTY-FOUR HOURS nor more
than TEN DAYS for the reasons to be mentioned in
said order. In case such order is not complied with
within the time specified, the health officer may cause
said dwelling to be vacated. The health officer whenever
he is satisfied that the danger from said dwelling has
ceased to exist, or that it is fit for human habitation,
234
§112 MAINTENANCE
may revoke said order or may extend the time within
which to comply with the same.
NOTE i : This section is one of the most important Explana-
sections in the whole law. It gives the health de- tion
partment under proper conditions the right to vacate
any house which is unfit for human habitation and to
keep it vacant until it is made fit; and permits this
without application to the courts. The health de-
partment can send its own officers or can call upon the
police department to furnish policemen and send them
to the house, if its orders are not complied with, and
turn the tenants into the street and keep them out.
This is done every month in New York City and is
the only effective method of dealing with extreme
cases. It is an extreme power which should be used
only where conditions clearly warrant it.
NOTE 2: Before such action is taken formal certi-
fication must be made by an officer of the health de-
partment reciting the conditions which exist; such
certification should be filed before the action is taken
and should be a public record of the department.
NOTE 3: The various reasons which warrant the
vacation of a house are carefully enumerated:
1. If the house is infected with contagious disease.
This does not mean the mere presence of one case of
tuberculosis in the house; it would be necessary to
show that the house itself was infected.
2. If it is unfit for human habitation for any reason
whatever.
3. If it is dangerous to life or health for various
reasons, namely, want of repair, defects in drainage,
plumbing, lighting, ventilation or construction; or if
it is dangerous to life or health because of a nuisance
on the premises likely to cause sickness among the
occupants. This does not mean that the house can
be vacated because of the mere presence of a nuisance.
The nuisance must be one that is likely to cause
sickness among the occupants of the dwelling, and the
health officer must be able to show that the house is
dangerous to life or health by reason of this state of
affairs.
4. Finally, if the house is dangerous to life or
health for any cause in addition to those enumerated,
the health officer may vacate it.
235
A MODEL HOUSING LAW § 113
NOTE 4: It should be carefully observed that this is
a power given to the health officer to be exercised in
his discretion. Some housing reformers want this
provision made mandatory so as to require the health
officer to vacate houses in every case whenever a
report is made to him along these lines by an employee
of the department. Such a provision would be un-
wise and dangerous. It would place in the hands of
subordinate employees tremendous power and open
the door for unlimited graft. As this power is an
extreme one it should be scrutinized with the greatest
care and be safeguarded so as to prevent abuse. Re-
ports of this kind made by subordinates should be
verified in each case personally by the head of the
department before vacating a house. This should be
an invariable rule; it is wise policy also to take photo-
graphs of the bad conditions.
NOTE 5: Attention is called to the fact that this
provision authorizes the health officer to vacate a
house summarily without -court proceedings. This
is what is intended. In many communities it will
seem an extreme and unusual power. It is, however,
essential. In cases where unsanitary conditions are
allowed to exist for long periods of time no other
remedy will bring those responsible to terms. In
some cities it may be necessary to permit owners to
have the right of appeal to the courts. From a prac-
tical point of view this is highly undesirable. It may,
however, in a few states be a legal necessity.
NOTE 6: In exercising the power to vacate houses
the health officer should be careful not to put the ten-
ants out of the building just after they have paid
their month's rent in advance. The vacation pro-
ceedings should be timed with reference to this so that
unnecessary hardship and confiscation of poor people's
property will not be involved. Similarly care should
be taken not to vacate houses in extreme winter
weather as by postponing the order this hardship
would not be encountered. Persons are cautioned
against making any change in the phraseology of this
section. It is of vital importance to keep it exactly
as it is, as it has stood the test in some of our Eastern
cities of over thirty years' practice.
§113. REPAIRS TO BUILDINGS, ET CETERA.1 Whenever
236
§ I 13 MAINTENANCE
any dwelling or any building, structure, excavation, busi-
ness pursuit, matter or thing, in or about a dwelling, or
the lot on which it is situated,2 or the plumbing, sewerage,
drainage, light or ventilation thereof, is in the opinion of
the health officer in a condition or in effect3 dangerous or
detrimental to life or health, the health officer may declare
that the same to the extent he may specify is a public
nuisance, and may order the same to be removed, abated,
suspended, altered or otherwise improved or purified as
the order shall specify. In addition to the above powers4
the health officer may also order or cause any dwelling
or excavation, building, structure, sewer, plumbing pipe,
passage, premises, ground, matter or thing, in or about a
dwelling, or the lot on which it is situated, to be purified,
cleansed, disinfected, removed, altered, repaired or im-
proved. If any order of the health officer issued under
the authority of the provisions of this act is not complied
with, or so far complied with as he may regard as reason-
able, within five days after the service thereof, or within
such shorter time as he may designate, then such order
may be executed5 by said health officer through his offi-
cers, agents, employees or contractors.
NOTE i : This section is of almost equal importance Explana-
with the previous section. It greatly supplements it
as well as the general powers possessed by health de-
partments with reference to nuisances. The section
is necessary because there are often cases where there
are conditions in a house which do not make it un-
fit for human habitation, bad though they are, and
which even perhaps do not in themselves constitute
a nuisance in the usual acceptation of that term, but
which should be remedied and remedied promptly.
Many of these instances it is not possible to anticipate
in drafting a law and it is necessary, therefore, to have
this general "drag-net" power conferred upon the
health department. Take the case, for instance,
where in the winter time most of the panes of glass
are out of the windows in an individual apartment in
a tenement house. The health officer could with
difficulty prove that the house was unfit for human
237
A MODEL HOUSING LAW § I 13
habitation because of this condition. It would
similarly be difficult to establish the condition as a
nuisance, yet it is obvious that the condition should
be remedied and that the effect of it upon the people
living in such rooms is bound to be injurious to health.
There are no provisions in the act outside of the gen-
eral powers conveyed by this section which would
warrant the health officer in requiring these window
panes to be made whole. Jf it were attempted under
the authority of Section 97, which requires that the
dwelling shall be kept in repair in all its parts, and
an order issued to repair the window panes, the owner
could evade compliance by removing all glass from
the sash. -There could then be no question of
" repair" involved. Other instances will readily occur
to the reader.
NOTE 2: The powers herein conferred are intended
to apply to all of the conditions which may exist not
only in the dwelling itself but those on the same lot
or in connection with it. Every board of health
should of course have similar powers with regard to
all classes of buildings, but this act concerns itself
only with dwellings.
NOTE 3: The phrase "in a condition or in effect
dangerous to life or health" is of importance, as the
words "in effect" will also provide for potential evils
as well as actual ones.
NOTE 4: The second sentence of this section, "The
health officer may also order," confers broad powers
upon the health officer to require practically any
improvement to an existing dwelling which in his
opinion is appropriate. The word "also" is essential
in this sentence. Without it there is danger that
the courts might construe this sentence as explana-
tory or further illustrative of the powers conferred
in the first sentence, whereas it is intended by this
provision to confer additional powers.
NOTE 5 : It will be observed that power is conferred
upon the health officer to execute his own orders and
have the work done if the owner fails to comply within
a reasonable time. This should be read in connection
with the latter part of Section 144 where general power
to execute his own orders is conferred upon the health
officer.
238
§§II4,H5 MAINTENANCE
§ 114. FIRE-ESCAPES. The owner of every multiple-
dwelling on which there are fire-escapes shall keep them
in good order and repair, and whenever rusty shall have
them properly painted with two coats of paint. No per-
son shall at any time place any incumbrance of any kind
before or upon any such fire-escape.
§115. SCUTTLES, BULKHEADS, LADDERS AND STAIRS.
In all multiple-dwellings where there are scuttles or bulk-
heads, they and all stairs or ladders leading thereto shall
.be easily accessible to all occupants of the dwelling and
shall be kept free from incumbrance and ready for use at
all times. No scuttle and no bulkhead door shall at any
time be locked with a key, but either may be fastened on
the inside by movable bolts or hooks.
NOTE: Lives are frequently lost in fires, especially Explana-
in tenement houses, because when the occupants at- tion
tempt to escape to the roof through the scuttle or bulk-
head they find the scuttle nailed down or the bulkhead
door locked and the key in the janitor's pocket.
They then become trapped in the top-floor hallway
and lose their lives. It is essential, therefore, that
scuttles should be so arranged that they can be easily
raised by the tenants in case of fire and that bulkhead
doors shall be kept unlocked. There must, however,
be some means of fastening them, otherwise thieves
can get in from the outside and rob the tenants. A
movable bolt or a hook will be found to be an ade-
quate means of fastening the scuttle or door to keep
intruders out, and will permit the immediate opening
of the door from the inside in the event of fire.
239
A MODEL HOUSING LAW § I2O
ARTICLE V
IMPROVEMENTS
In this article will be found those improvements in
the older buildings required as a matter of compul-
sory legislation.
§ 1 20. ROOMS, LIGHTING AND VENTILATION or.1 No
room in a dwelling11 erected prior2 to the passage of this
act shall hereafter be occupied for living purposes unless
it shall have a window of an area of not less than EIGHT
square feet3 opening directly upon the street, or upon a4
rear yard not less than TEN feet deep, or above the roof
of an adjoining building, or upon a court or side yard of
not less than TWENTY-FIVE square feet in area, open
to the sky without roof or skylight, unless such room is
located on the top floor5 and is adequately lighted and
ventilated by a skylight opening directly to the outer
air. Except that a room which does not comply with
the above provisions may be occupied if provided with a
sash window6 of not less than fifteen square feet in area,
opening into an adjoining room in the same apartment,
group or suite of rooms, which latter room either opens
directly on the street or on a rear yard of the above dimen-
sions, or itself connects by a similar sash window or series
of windows with such an outer room. Said sash window
shall be a vertically-sliding pulley-hung7 sash not less
than three feet by five feet between stop-beads,8 both
halves shall be made so as to readily open,9 and the lower
half shall be glazed with translucent glass,10 and so far as
possible it shall be in line with windows in the said outer
room opening on the street or rear yard so as to afford a
maximum of light and ventilation.
240
§ 120 IMPROVEMENTS
NOTE i : This provision is an attempt to deal in a Explana-
practical way with dark, unventilated rooms in ex-
isting houses. In effect it means that every room in
an existing house shall either have a window to the
outer air, namely, the street, yard, or a court of a
certain size, or shall have a large window communicat-
ing with an adjoining room in the same apartment,
thus securing some improvement in the existing con-
ditions of light and ventilation. The ideal thing to
do would be to prohibit the use of any room for living
purposes which does not have a window directly on
the outer air, but this is not practicable. Such rooms
will be found in varying numbers in different localities,
in buildings erected at different times and in accord-
ance with the laws which were in force and effect
when the houses were built. In many cases it is
physically impossible to provide a window to the outer
air in such rooms without tearing down the building.
The courts would probably hold such a requirement
to be confiscatory and void. The provision of this
section is not subject to that objection and is a reason-
able requirement.
NOTE 2: This section applies only to methods of
lighting and ventilating rooms erected prior to the
passage of the act. Rooms in dwellings erected sub-
sequent to the passage of the act must conform to the
requirements of Article 1 1 dealing with new buildings.
NOTE 3 : Every variety of condition will be found
in existing dwellings. Some rooms will be found
which have windows to the outer air but the windows
do not contain 8 square feet in area. In such cases
all that will be necessary will be to enlarge the win-
dows.
NOTE 4: It should be noted that if the room opens
on a yard or court on the adjoining premises, so long
as that yard or court is not built up and it is of the
size prescribed by the act, it is a satisfactory compli-
ance with the terms of this section, as all that is
sought is to see that dark rooms in the older dwellings
shall be made light and shall have as much ventilation
as possible. In some cases rooms will be found
which have windows opening to the rear yard but the
yard will be smaller than 10 feet in depth. In such
cases a sash window must be provided in the parti-
tion leading to the adjoining room. Similarly exist-
16 241
A MODEL HOUSING LAW
§ 120
ing rooms may open on courts smaller in size than 25
square feet in area or courts which are covered over
at the top. In the latter case the room can be made
legal by removing the covering at the top and having
the court open to the air or by providing a sash win-
dow in the partition leading to the adjoining room.
NOTE 5 : In the case of rooms on the top floor which
VA eo
KITCHEN
KITCHEN
LIVING ROOM
BED ROO/A
LIVINQ ROOM
FIGURE 38
SASH WINDOWS PROVIDED BETWEEN ROOMS
are now dark and unventilated, the simplest and
easiest way to remedy the conditions is to provide
ventilating skylights in the different rooms. This
can be done at comparatively slight expense.
NOTE 6: In any event, no matter what the condi-
tions or difficulties it is always practicable to cut a
window in the partition separating the inner or dark
room from the room next adjoining, which in most
242
§ 120 IMPROVEMENTS
cases will be a room that opens directly on the outer
air. Sometimes the inner room is two or three rooms
removed from the outer wall of the building. In
that case there must be a series of windows in line
with each other leading from the inner room to the
outer room so that the light and air may penetrate
to the room in question, as indicated in the diagram
on the preceding page.
NOTE 7: The reason for requiring the sash window
in the partition to be a double-hung sash is because
a hinged window under such circumstances is apt to
be broken and will therefore generally be nailed up in
the cheaper class of houses, thus defeating the plan
to improve the ventilation of the inner room. The
double-hung sash will also insure better circulation
of the air, as by utilizing it properly it. can be kept
open both at top and bottom with the window acting
as a diaphragm, dividing the air currents.
NOTE 8: The requirement that the window shall
not be less than 3 feet by 5 feet is to insure a window
of sufficient size to admit enough light and air. A
larger window than this, wherever it is possible to
get it, is very desirable.
NOTE 9: The law will not be complied with by re-
moving the partition between the inner room and the
room next adjoining and making one room out of the
two. This is objectionable and should be prevented,
as it means that the inner room will be used as an
alcove and that a curtain will presumably be used be-
tween the two rooms shutting out both light and air.
The evils of the alcove room have been fully discussed
under Section 35.
NOTE 10: The requirement that the lower half of
the window shall be glazed with translucent glass is
for the purpose of privacy, thus removing the objec-
tion which would otherwise be raised that persons
could not undress in their bedrooms without being
seen in the outer room.
NOTE 1 1 : This section applies to all classes of
dwellings. It may be objected to by the owners of
private houses. A dark room in a private dwelling,
however, is just as dangerous as in a multiple dwelling.
The effect of dark rooms on tuberculosis germs is the
same in all cases. If, however, the opposition to this
provision seems serious and it is desired to make con-
243
A MODEL HOUSING LAW
§ 121
Concession
Explana-
cessions to these interests, the following concession
may be made. Substitute for the following words at
the beginning of the section, which now read "No
room in a dwelling erected prior, " the following words :
CONCESSION: "No room in a two-family dwelling or in
a multiple-dwelling of Class A erected prior"
§ 121. PUBLIC HALLS AND STAIRS, LIGHTING AND VEN-
TILATION OF.1 In all multiple-dwellings erected prior to the
passage of this act the public halls and stairs2 shall be pro-
vided with as much light and ventilation to the outer air
as may be deemed practicable by the health officer, who
shall order the cutting in of windows and skylights and
such other improvements4 and alterations in said dwellings
as in his judgment may be necessary and appropriate to
accomplish this result. All new3 skylights hereafter placed
in such dwellings shall be provided with ridge ventilators
having a minimum opening of FORTY square inches and
also with either fixed or movable louvres or with movable
sashes; all such skylights and windows shall be of such
size as may be determined to be practicable by said health
officer.
NOTE i : The evils of dark public halls and stairs
nave already been fully set forth from the point of
view of sanitation, fire danger and morality. This
section is enacted for the purpose of bringing as much
light and air as possible into the existing dark public
hallways. The conditions vary so greatly in each
building that it is not practicable to attempt to lay
down in the act a definite, rigid method by which this
shall be accomplished in all cases. In some cases it
may be by the cutting in of a window to the street or
yard, in others to the yard of an adjoining building;
while in many others the only improvement that can
be had will be by means of a ventilating skylight in
the roof. What the section does is to give to the
health authorities the power to improve in every way
practicable the lighting and ventilation of these ex-
isting public hallways.
NOTE 2: This section applies only to public halls
244
§ 122 IMPROVEMENTS
and stairs. It will therefore not apply in the case
of private dwellings and two-family houses.
NOTE 3 : The requirement with regard to the con-
struction of skylights does not apply to existing sky-
lights but only to a new one which may be placed in
the hallway of an existing dwelling. The size of the
skylight will consequently vary with the conditions
in each building. There is no advantage in requiring
a large skylight where there is a small stairwell or
no well. Under such circumstances this would light
only the hall on the top floor.
NOTE 4: A simple and inexpensive way of ma-
terially improving the conditions of light in the dark
halls is to remove the wooden panels in the doors lead-
ing from the individual apartments to the halls and
substitute ground glass or wire-glass panels in their
place. While this does not make the halls light it
does make them much lighter. It has not been
thought wise to require this alteration as a matter
of mandate, but for the reason set forth in Note i it
has seemed best to leave this to the health officer as
one method to employ where it proves to be advan-
tageous.
§ 122. SINKS AND WASH-BASINS. In all dwellings2
erected prior to the passage of this act, when deemed nec-
essary by the health officer, the woodwork1 enclosing sinks
and wash-basins shall be removed and the space under-
neath shall be left open. The floor and wall surfaces
beneath and around them shall be put in good order and
repair, and if of wood shall be kept well painted with light-
colored paint.
NOTE i : This is a requirement compelling the re- Explana-
moval of all enclosing woodwork from sinks in ex- tion
isting dwellings. It is necessary because where sinks
are thus enclosed, the woodwork as a rule becomes
saturated with water and slops and is a harboring
place for dirt, vermin and disease germs. More-
over, if the plumbing is defective and is enclosed the
defects are not observed. In order to show up ac-
cumulations of dirt and filth underneath them it
is wise to require the floor to be painted white.
NOTE 2: Objection will probably be made to this
245
A MODEL HOUSING LAW §§ 123, 124
provision so far as it applies to private dwellings and
two-family houses. The owners of such houses may
object strenuously to the whole provision. Special
objection will undoubtedly be raised to its application
to butler's pantries in private dwellings and two-
family dwellings, where the butler's pantries have
hardwood floors and the sinks are nicely cased in
with hardwood casing well varnished. Painting such
floors with white paint would be quite inappropriate.
All that it is sought to reach are the bad conditions
described in Note i, and which as a rule are found
only in the dwellings of the poor. It is therefore left
to the health officer to determine when such altera-
tions are necessary.
§ 123. WATER-CLOSETS. In all dwellings erected prior
to the passage of this act, the woodwork enclosing all
water-closets shall be removed from the front of said
closets, and the space underneath the seat shall be left
open. The floor or other surface beneath and around the
closet shall be put in good order and repair and if of wood
shall be kept well painted with light-colored paint.
Explana- NOTE: This is a similar provision and is necessary
tion for the reasons discussed in the preceding section.
The necessity for it, of course, is greater in the case of
water-closets than it is in the case of sinks. The ob-
jections which pertain to the previous section do not
obtain here. For this reason, the requirement is
made a mandatory one and is not left to the dis-
cretion of the health officer.
§ 124. PRIVY VAULTS, SCHOOL-SINKS AND WATER-
CLOSETS. 1>2 Whenever a connection with public water-
mains becomes reasonably accessible as provided in sec-
tion nine of this act, all3 privy vaults, school-sinks,7 cess-
pools or other similar receptacles used to receive fecal
matter, urine or sewage, shall before January first, nine-
teen hundred and ,4 with their contents, be completely
removed and the place where they were located properly
disinfected under the direction of the health officer. Such
appliances shall be replaced by individual water-closets of
246
§ 124 IMPROVEMENTS
durable non-absorbent material, properly connected to a
public sewer, if a public sewer is reasonably accessible as
defined in section nine of this act; if there is no such pub-
lic sewer reasonably accessible, then such water-closets
shall be properly connected to a cesspool, septic tank or
other similar device as provided in section nine of the act.
All such water-closets shall be of modetn sanitary type,
and with individual traps, and properly connected flush
tanks providing an ample flush of water to thoroughly
cleanse the bowl. Each such water-closet shall be located
inside5 the dwelling or other building in connection with
which it is to be used, in a compartment completely sepa-
rated from every other water-closet, and such compart-
ment shall contain a window of not less than FOUR square
feet in area opening directly to the street, or rear yard or
on a side yard or court of the minimum sizes prescribed
in sections twenty-two, twenty-three, twenty-four and
twenty-five of this act. The floors of the water-closet
compartments shall be as provided in section forty-seven
of this act. Such water-closets shall be provided in such
numbers as required by section ninety-three of this act.
Such water-closets and all plumbing in connection there-
with shall be sanitary in every respect and, except as in
this act otherwise provided, shall be in accordance with
the local ordinances and regulations in relation to plumb-
ing and drainage.6 Pan, plunger and long hopper closets
will not be permitted. No water-closet shall be placed
out of doors.
NOTE i : This is the most important provision that Explana-
can be enacted with regard to the improvement of the
older buildings. It is one which will as a rule create
much opposition, as it involves owners in considerable
expense; yet all cities should unhesitatingly enact it.
It requires existing privy vaults, whether sewer-
connected or not, and all similar receptacles to be done
away with within a certain time, preferably a year,
and new modern sanitary water-closets installed in-
side of the building in their place.
There is a very material difference between this
247
A MODEL HOUSING LAW § 124
requirement and the one found in the same section
of the first edition of this book and in most of the
laws that have been enacted since 1914 and which
have been based upon it. There, the removal of
these nuisances was required only where a sewer con-
nection was possible. In this revised provision, this
is required just as soon as there is a communal water-
supply. For further discussion of this subject see
Section 9, Note 2.
NOTE 2: The constitutional question may be raised
with regard to this requirement but cities can adopt
it with perfect confidence that they are on safe ground.
The question has been settled for all time. A similar
provision was put into effect in New York City in 1 90 1 .
Its constitutionality was tested and the case went
through all the courts of the state and ultimately
went to the Supreme Court of the United States. The
law was uniformly sustained in each of these courts.
(Tenement House Department vs. Moeschen, 203 U.
s. 583.)
NOTE 3: It should be noted that the provision as
herein stated applies to all privy vaults in the city,
whether they are used in connection with dwellings,
or commercial buildings, or in any other way. This is
for the reason that there is no way otherwise to safe-
guard the members of the community living in resi-
dential sections from the danger of infection through
the medium of the house-fly. For further discussion
see Note 10 under Section 47.
NOTE 4: It is only proper to allow owners a reason-
able time in which to make this alteration. It in-
volves in some cases the preparation of plans by an
architect and structural alteration of the building. It
also involves in all cases expense to the owner. In
most communities it is the custom to allow one year's
time in which to make these changes. The method
of expressing this as adopted in this section is one that
should be observed. It should be noted that the
requirement is that these vaults shall be removed
before a certain date. This does not prohibit the re-
moval of them at an earlier date if the health author-
ities require it. They should be free to require it.
In this connection see Section n. There may be
circumstances where it is necessary to require the
removal of such vaults in a less time than one year.
248
I24
IMPROVEMENTS
FIGURE 39
PUTTING WATER-CLOSETS INSIDE THE HOUSE BETWEEN Two FLATS
IN A FOUR-ROOM DEEP HOUSE
249
A MODEL HOUSING LAW
§ 124
FIGURE 40
PUTTING WATER-CLOSETS INSIDE THE HOUSE BETWEEN Two FLATS
IN A FRONT AND REAR HOUSE
250
§124
IMPROVEMENTS
FIGURE 41
PUTTING WATER-CLOSETS INSIDE THE HOUSE OFF THE PUBLIC HALL
PLAN OF ENTRANCE FLOOR
251
A MODEL HOUSING LAW
§124
r
FIGURE 42
PUTTING WATER-CLOSETS INSIDE THE HOUSE, Two FIXTURES PER
FLOOR
252
§124
IMPROVEMENTS
FIGURE 43
PUTTING WATER-CLOSETS INSIDE THE HOUSE IN A FOUR-FAMILY ON A
FLOOR FLAT
Two water-closets off the public hall
253
A MODEL HOUSING LAW
§ 124
FIGURE 44
PUTTING WATER-CLOSETS INSIDE THE HOUSE
Building an extension for them at the rear
254
§ 124
IMPROVEMENTS
FIGURE 45
PUTTING WATER-CLOSETS INSIDE THE HOUSE
Two water-closets in an old dwelling used as a tenement
255
A MODEL HOUSING LAW § 124
NOTE 5 : This provision prohibits the construction
of outdoor water-closets in place of the vaults. The
outdoor closet is almost as great an evil as the vault.
This matter is fully discussed in Note 10 under Section
47. The only place for a water-closet is inside the
house. There is always a place inside the building,
though owners will say there is not. In the case of
private dwellings and two-family houses there is of
course no difficulty. In the case of multiple dwellings
where there are many families the problem is not so
simple. Space can always be found, however, by
giving up one room on the ground floor or on the top
floor to a group of closets, having each closet separ-
ately ventilated to the outer air and in a separate
compartment, or it can be done by putting one or
two closets on each floor off the public hallway or
between the two apartments, depending upon the
number of families on a floor. This is the better way.
In whatever way it is done, it generally means altera-
tion and readjustment and sometimes the giving up
of rentable floor space. It always means, however,
an improvement to the building, for which the tenants
are willing to pay. By a slight increase in the
monthly rental for each family, the interest on the
money thus expended can be easily obtained. Ir-
respective of any of these considerations, the im-
provement is one which public safety demands.
No city can call itself civilized which tolerates privy
vaults.
NOTE 6: The new closets that must be installed
are required to comply with the provisions relative to
closets that would be installed in a new dwelling. The
reasons for the various requirements as laid down in
this section are all discussed in the discussion relative
to new closets under Section 47.
NOTE 7: A "school-sink" is nothing more nor less
than a sewer-connected privy vault. It derives its
name from the fact that it was originally used in
connection with the toilet accommodations provided
for the public schools in New York City; it is called
a sink because the trough which receives the contents
of the privy is an iron trough or sink sunk in the
ground. See Figure 46 on next page.
256
§ 125
IMPROVEMENTS
FIGURE 46
A SCHOOL-SINK
§125. BASEMENTS AND CELLARS. The floor of the cellar
or lowest floor of every dwelling shall be free from damp-
ness and, when necessary, shall be concreted with not less
than FOUR inches of concrete of good quality and with a
finished surface. The cellar ceiling of every dwelling shall
be plastered, when so required by the health officer.
NOTE: Damp cellars cause disease. Where cellar Explana-
conditions are good and the cellar floor for instance is
of rock, it is not necessary to concrete it, but whenever
necessary the floor should be concreted to prevent
dampness. A concrete floor 4 inches thick is the
standard in most cities. If objection is made to this
on the ground of expense, the standard can be reduced
to 3 inches without danger. The important thing is
that the concrete shall be of good quality and that
the job shall be well done. The requirement for a
finished surface is for the purpose of preventing germs
and filth collecting upon a rough floor. The reason
for requiring the cellar ceiling to be plastered is to
prevent cellar air from permeating the rest of the
building. It is for the purpose of protecting the
health of the occupants of the building living upstairs
and not merely for the welfare of the persons who may
live in the basement or first floor. It will not do to
require the cellar ceiling to be plastered in every case,
'7 257
A MODEL HOUSING LAW §§ 126, \2J
however, because sometimes it is a fire-resistive ceiling
made of fire-resistive blocks. Plaster in that case would
be an unnecessary expense. In other cases the ceiling
is nicely sheathed with matched boards. Sometimes
it is covered with a good metal ceiling. The question
is one which necessarily must be left to the discretion
of the enforcing officials to apply the remedy appro-
priate to the varying conditions found.
§ 126. SHAFTS AND COURTS. In every dwelling where
there is a court or shaft of any kind, there shall be at the
bottom of every such shaft and court a door giving suf-
ficient access to such shaft or court to enable it to be prop-
erly cleaned out. Provided that where there is already a
window giving proper access it shall be deemed sufficient.
Explana- NOTE: In tenement houses especially the occupants
tion frequently throw waste material out of the windows
and this accumulates at the bottom of the court or
shaft. This creates unsanitary conditions and fre-
quently is a fire danger. Unless it is easy to get at
this space and clean it out it is apt to be neglected.
§ 127. EGRESS. Every multiple-dwelling1 exceeding one
story in height shall have at least two independent ways of
egress constructed and arranged as provided in section
fifty-one of this act. In the case of multiple-dwellings
erected prior to the passage of this act where it is not prac-
ticable to comply in all respects with the provisions of that
section, the inspector of buildings shall make such require-
ments as may be appropriate to secure proper means of
egress from such multiple-dwellings for all the occupants
thereof. No existing fire-escape shall be deemed a sufficient
means of egress unless the following conditions are com-
plied with:2
(1) All parts of it shall be of iron, cement or stone.
(2) The fire-escape shall consist of outside balconies
which shall be properly connected with each other by
adequate stairs or stationary3 ladders, with openings not
less than TWENTY-FOUR by TWENTY-EIGHT inches.
258
§ 127 IMPROVEMENTS
(3) All fire-escapes shall have proper drop ladders or
stairways from the lowest balcony of sufficient length to
reach a safe landing place beneath.
(4) All fire-escapes not on the street shall have a safe
and adequate means of egress from the yard or court to
the street or alley or to the adjoining premises.
(5) Prompt and ready access shall be had to all fire-
escapes, which shall not be obstructed by bath-tubs,
water-closets, sinks or other fixtures, or in any other way.
All fire-escapes that are already erected which do not
conform to the requirements of this section may be altered5
by the owner to make them so conform in lieu of providing
new fire-escapes, but no existing fire-escape shall be ex-
tended or have its location6 changed except with the writ-
ten approval of the inspector of buildings.4 All fire-escapes
hereafter erected7 on any multiple-dwelling shall be located
and constructed as prescribed in section fifty-two of this
act.
NOTE i : This section deals with means of egress in Explana-
existing multiple dwellings. 1 1 does not apply to other tion
classes of dwellings, nor does it apply to multiple
dwellings unless over one story in height. Owing to
the varying conditions which exist in the different
kinds of multiple dwellings erected at different times
in each city, it is not practicable without imposing
undue hardships, to lay down a precise and exact
statement of conditions which must be complied with
in regard to means of egress from such buildings. It
is necessary, therefore, to leave to the enforcing of-
ficials in this case the power to require whatever may
be necessary in order to secure proper means of egress
for all the occupants of the building.
NOTE 2: An attempt has been made, however, to
enumerate certain fundamental requirements which
must be present in order to constitute a fire-escape
a proper means of egress. These fundamental re-
quirements it is not within the power of the enforcing
official to modify or waive.
NOTE 3: The reasons for making the requirements
which are enumerated in the five subdivisions of this
section have been fully set forth in connection with
259
A MODEL HOUSING LAW §§ 128, 129
the discussion of the details of new fire-escapes in
Section 52. It will be noted that stationary ladders
are here permitted connecting the balconies, whereas
in new fire-escapes they are forbidden and stairs re-
quired. It would be a hardship to require existing
fire-escapes now equipped with ladders to be altered
and stairs substituted, as this would practically mean
the complete demolition of the fire-escapes and the
erection of new ones.
NOTE 4: The proper official to enforce this section
is the inspector of buildings; where no such official
exists, the fire marshal or fire commissioner. In this
connection see Section 153; also Section 2, Subdivi-
sion 20.
NOTE 5: It is deliberately intended to permit the
alteration of existing fire-escapes which do not con-
form in every respect to the requirements of this sec-
tion, so as to impose upon owners as little expense as
possible.
NOTE 6: It is obvious that the owner should not be
permitted to change the location of fire-escapes with-
out having the matter first submitted to the respon-
sible public official and passed upon by him.
NOTE 7: Where entirely new fire-escapes are erected
they must comply in every respect with Section 52
governing the construction of fire-escapes for new
dwellings.
§ 128. ADDITIONAL MEANS OF EGRESS. Whenever any
multiple-dwelling is not provided with sufficient means
of egress in case of fire the inspector of buildings shall order
such additional means of egress as may be necessary.
Explana- NOTE: This is a broad "drag-net" power conferred
tion upon the enforcing officials to enable them to deal
with cases which may arise which it has not been
possible to foresee in drafting the law. The power is
supplementary to the powers already conferred.
§ 129. ROOF EGRESS; SCUTTLES, BULKHEADS, LADDERS
AND STAIRS. Every flat-roofed multiple-dwelling exceed-
ing one story in height erected prior to the passage of this
act shall have in the roof a bulkhead, or a scuttle which
shall be not less than TWO feet by THREE feet in size.
260
§ 129 IMPROVEMENTS
All such bulkheads and scuttles shall be fire-resistive or
covered on the outside with metal and shall be provided
with stairs or stationary ladders leading thereto and easily
accessible to all occupants of the building. No scuttle
or bulkhead shall be located in a room, but shall be located
in the ceiling of the public hall on the top floor, and access
through the same to the roof shall be direct and uninter-
rupted. When deemed necessary by the inspector of
buildings scuttles shall be hinged so as to readily open.
Every bulkhead in such multiple-dwelling shall have
stairs with a guide or hand-rail leading to the roof, and
such stairs shall be kept free from incumbrance at all
times. No scuttle and no bulkhead door shall at any time
be locked with a key, but either may be fastened on the
inside by movable bolts or hooks. All key-locks on
scuttles and on bulkhead doors shall be removed.
NOTE: This is a requirement for means of roof Explana-
egress in existing multiple dwellings. It does not tion
apply to other kinds of dwellings. The various
points in this section have been fully discussed in
connection with Section 53 and need no further illus-
tration. The requirement that scuttles shall be
hinged in certain cases is to meet the situation where
the scuttles are too heavy to be easily raised by the
ordinary person.
261
A MODEL HOUSING LAW
ARTICLE VI
REQUIREMENTS AND REMEDIES
In this article will be found the legal requirements,
penalties for violations of the law, procedure, et
cetera.
Explana- NOTE: The tendency of many housing reformers
tion when they come to this article is to skip it, as it deals
with matters which as a rule are not understood by the
layman. This is not, however, safe procedure. The
rest of the law will be found to be of little effect unless
most of these remedies are enacted. This article
should be especially referred to a local lawyer to
make sure that it is in harmony with the legal prac-
tice in that city, and should be modified to suit the
local practice. There are no sections in this article
which can wisely be omitted. An effort to simplify
and condense the law on this point is sure to produce
disastrous results in the end.
262
§ 140 REQUIREMENTS AND REMEDIES
§ 140. PERMIT TO COMMENCE BUILDING.* Before the
construction or alteration of a dwelling, or the alteration
or conversion of a building for use as a dwelling, is com-
menced, and before the construction or alteration of any
building or structure on the same lot2 with a dwelling, the
owner, or his agent or architect shall submit to the health
officer a detailed statement in writing, verified3 by the
affidavit of the person making the same, of the specifica-
tions for such dwelling or building, upon blanks or forms
to be furnished by such health officer, and also full and
complete copies of the plans of such work. With such
statement there shall be r submitted a plat of the lot4 or
plot of ground on which any such dwelling or building is
to be erected or placed, showing the dimensions of the
same, the location and outside dimensions of the proposed
building and of all other buildings on the lot. Such state-
ment shall give in full the name and residence, by street
and number, of the owner5 or owners of such dwelling or
building and the purposes for which such dwelling or build-
ing will be used. If such construction, alteration or con-
version is proposed to be made by any other person than
the owner of the land in fee, such statement shall contain
the full name and residence, by street and number, not
only of the owner of the land, but of every person interested
in such dwelling, either as owner, lessee or in any repre-
sentative capacity. Said affidavit shall allege that said
specifications and plans are true and contain a correct de-
scription, of such dwelling, building, structure, lot and
proposed work. The statements and affidavits herein pro-
vided for may be made by the owner, or by the person who
proposes to make the construction, alteration or conver-
sion, or by his agent or architect. No person, however,
shall be recognized as the agent of the owner, unless he
shall file with the said health officer a written statement
signed by such owner designating him as such agent.6
Any false swearing7 in a material point in any such affi-
davit shall be deemed perjury. Such specifications, plans
and statements shall be filed8 in the said health depart-
263
A MODEL HOUSING LAW § 140
ment and shall be deemed public records, but no such
specifications, plans or statements shall be removed from
said health department. The health officer shall cause all
such plans and specifications to be examined with respect
to the provisions of this act over which he has jurisdiction
as set forth in section one hundred and fifty-three. If such
plans and specifications conform to such provisions of this
act, they shall be approved by the health officer and a
written certificate to that effect shall be issued by him to
the person submitting the same. Such health officer may,
from time to time, approve changes in any plans and
specifications previously approved by him, provided the
plans and specifications when so changed shall be in con-
formity with law. The construction, alteration or con-
version of such dwelling, building or structure, or any part
thereof, shall not be commenced until the filing of such
specifications, plans and statements, and the approval
thereof, as above provided. The inspector of buildings
shall not issue a permit for the erection or alteration of
any dwelling until he shall receive from such health officer
a written certification that the plans for such dwelling
comply with those provisions of this act for the enforce-
ment of which the health officer is responsible. Nor shall
the inspector of buildings issue any such permit unless
said dwelling also complies with those provisions of this
act the enforcement of which is vested in the inspector of
buildings. The construction, alteration or conversion of
such dwelling, building or structure shall be in accordance
with such approved specifications and plans. Any permit
or approval which may be issued by the health officer but
under which no work has been done above the foundation
walls within one year from the time of the issuance of such
permit or approval, shall expire by limitation.9 Such
health officer shall have power for just cause to revoke or
cancel any permit or approval in case of any failure or
neglect to comply with any of the provisions of this act,
or in case any false statement or representation is made in
any specifications, plans or statements submitted or filed
264
§ 140 REQUIREMENTS AND REMEDIES
for such permit or approval. Whenever improvements or
alterations are ordered by the health officer in a dwelling
heretofore erected, the plans for such changes shall, before
a permit is issued by the inspector of buildings, be .sub-
mitted to the health officer and be by said officer approved.
NOTE i : This section provides for the procedure Explana-
with regard to the filing of plans and specifications tion
with the health officer before building a new dwelling,
or altering an existing one, or converting some existing
building into a dwelling.
NOTE 2: It also applies to the construction of a
building other than a dwelling on the same lot, so as
to enable the health officials to see that the require-
ments of the law are observed and that the necessary
open spaces between such buildings are maintained.
NOTE 3: The phrase "verified by the affidavit of
the person making the same" means that the state- •
ment shall be sworn to before a notary public or a
commissioner of deeds.
NOTE 4: The requirement that with the statement
there shall be submitted a plat of the lot showing its
dimensions and certain other facts is important. A
common practice with unscrupulous builders and
architects is to file false dimensions of their lots, and
where the adjoining premises are not built upon the
inspector, when he inspects the job, is often deceived.
The requirement that a plat of the lot be filed will
avoid this and enable the department to verify the
property lines through the insurance maps or through
the records of some title company. It also places the
department in a much stronger position in subsequent
litigation if an attempt at deception is made.
NOTE 5 : The name and address of the owner and
other persons responsible are of course essential.
NOTE 6: No person should be permitted to file
plans unless his authority so to do is authorized in
writing by the owner. This is an important provision.
Without it, it has frequently happened that the archi-
tect who has filed the plans has made changes in them
without authority from the owner in order to get the
plans approved. The owner has then built the build-
ing in accordance with the original plans which were
disapproved, and when called to account by the de-
265
A MODEL HOUSING LAW § 14!
partment has claimed that he never knew that changes
had been made and that he did not authorize the
architect to make them. Under these circumstances
it is difficult to hold anybody responsible. The re-
•quirement mentioned will prevent any such evasion.
NOTE 7: The declaration that any false swearing
shall be deemed perjury is probably not of very great
value in view of the common practice which prevails
in many of our courts where day by day witnesses
perjure themselves and nothing happens; but it may
have the moral value of frightening builders and
architects who would otherwise be inclined to resort
to questionable practices.
NOTE 8: It is necessary to provide that the plans
shall be kept on file in the office of the health depart-
ment because in some cities the delightfully ingenuous
method is practiced by which a builder submits the
plans to the inspector of buildings, the inspector of
buildings approves them, then the plans are taken
away and the inspector of buildings has no means of
knowing whether the building is erected in accord-
ance with the plans or not. Building inspection under
these circumstances is farcical, but this is the only
method that is employed in a number of cities. It
is obvious that the plans to be of value must remain
in the health department at all times. The pro-
vision that the plans shall be deemed public records
will enable the housing reformer when he wishes to get
after the public official, in case the law is not being
complied with, to get at the records and examine
them. Without such a clause the claim might be
made by a health officer who wished to block such an
inquiry that he could not permit examination of the
plans as these were the property of the architect who
had filed them.
NOTE 9: It is good practice to have permits expire
by limitation after an interval of one year. Without
this provision, the filing of plans and the securing of
their approval might give the right to build under the
same plans ten years later although the law might
have been changed radically in the interval. This of
course is not desirable.
§ 141. CERTIFICATE OF COMPLIANCE.1 No building here-
after constructed as or altered into a dwelling shall be
266
§ 141 REQUIREMENTS AND REMEDIES
occupied in whole or in part3 for human habitation until
the issuance of a certificate2 by the health officer that said
dwelling conforms in all respects to the requirements of
those provisions of this act relative to dwellings hereafter
erected the enforcement of which is vested in the health
officer as provided in section one hundred and fifty-three.
Such certificate shall be issued within fifteen days after
written application therefor if said dwelling at the date of
such application shall be entitled thereto.
NOTE i : This is a provision of much importance as Explana-
it assures the building of new houses in strict com-
pliance with the law, by preventing their occupancy
without a certificate from the health officer to the
effect that the dwelling has been bujlt in accordance
with law. If the community wants its buildings built
right this is the way to bring it about. No one can
properly raise any objection to this requirement,
though the whole building fraternity in the locality
may secretly oppose it, as few buildings are erected ac-
cording to law at the present time. No valid argu-
ment can be advanced against this section as it is the
builder's business to know what the law is before he
builds and to comply with it. Having filed plans with
the health officer and secured their approval, it is his
further duty to build in accordance with them. If
he wants to make changes he should get the consent of
the health officer before such changes are made. The
provisions of this section should be strictly enforced
and owners should not be permitted to put tenants in
new buildings or to occupy them themselves without
such a certificate.
NOTE 2: Where buildings are built on building
loans, as most of them are in our cities, efforts should
be made to get the title companies, banks, insurance
companies, lawyers, and capitalists who make such
loans to refuse to make the final payment until the
builder can show this final certificate from the health
officer. This system has been in practice in New
York City since 1901 and has brought about most
beneficial results.
NOTE 3: The builders of modern hotels and high-
class apartment houses very often desire to occupy
part of such buildings before the building is entirely
267
A MODEL HOUSING LAW
§ 142
Concession
Explana-
tion
completed. There is no objection to this provided
the parts occupied, and accessory to them, such as
stairs, elevators, etc., are built according to law and
are also completed and fit for occupancy. In such
cases it is wise to adopt the following Concession:
CONCESSION: "Nothing in this section contained shall
be construed so as to prohibit the health officer from issu-
ing a certificate for the occupancy of any complete unit
of a multiple-dwelling when such unit is entitled thereto
and is in proper condition for occupancy in the opinion
of the health officer."
§ 142. UNLAWFUL OCCUPATION. l If any building here-
after constructed as or altered into a dwelling be occupied
in whole or in part for human habitation in violation of
the last section, during such unlawful occupation no rent3
shall be recoverable by the owner or lessee of such premises
for said period, and no action or special proceeding shall
be maintained therefor or for possession of said premises
for non-payment of such rent, and said premises shall be
deemed unfit for human habitation and the health officer
may2 cause them to be vacated accordingly.
NOTE i : This seemingly drastic provision is neces-
sary in order to prevent the occupancy of new build'-
ings built contrary to law and which do not have a
certificate as required in Section 141. The health
officer should not hesitate to vacate buildings thus
unlawfully occupied.
NOTE 2: It is not made mandatory upon the health
officer to vacate buildings thus occupied, because it is
recognized that there may be one or two technical
violations of the law which are easily and quickly
remedied and that a mere service of notice upon the
owner will bring about compliance without resorting
to the extreme remedy of vacation. Where there
are serious violations, however, buildings should be
quickly vacated. The only satisfactory thing is not
to allow them to be tenanted.
NOTE 3: If objection is made to the clause that no
rent shall be recoverable by the owner and that no
268 '
§ 143 REQUIREMENTS AND REMEDIES
action for the recovery of the premises or for non-
payment of rent may be had, on the ground that this
is too drastic, there is no harm in permitting a con-
cession in this respect. In such case the following
concession is suggested. After the words "unlawful
occupation" omit the following:
CONCESSION: "no rent shall be recoverable by the Concession
owner or lessee of such premises for said period, and no
action or special proceeding shall be maintained therefor
or for possession of said premises for non-payment of such
rent, and"
§ 143. PENALTIES FOR VIOLATIONS. 1 Every person who •
shall violate or assist in the violation of any provision of
this act shall be guilty of a misdemeanor2 punishable by
imprisonment for TEN days for each and every day that
such violation shall continue, or by a fine of not less than
TEN dollars nor more than ONE HUNDRED dollars if
the offense be not wilful, or of TWO HUNDRED AND
FIFTY dollars if the offense be wilful, and in every case
of TEN dollars for each day after the first that such vio-
lation shall continue, or by both such fine and imprison-
ment in the discretion of the court. The owner of any
4welling, or of any building or structure upon the same
lot with a dwelling, or of the said lot, where any violation
of this act or a nuisance exists, and any person who shall
violate or assist in violating any provision of this act, or
any notice or order of the health officer3 made under the
authority of the provisions of this act, shall also jointly
and severally for each such violation and each such nuis-
ance be subject to a civil penalty of FIFTY dollars.4
Such persons shall also be liable for all costs, expenses
and disbursements5 paid or incurred by the health de-
partment, by any of the officers thereof or by any agent,
employee or contractor of the same, in the removal of
any such nuisance or violation. Any person who having
been served with a notice or order to remove any such
nuisance or violation shall fail to comply with said no-
269
A MODEL HOUSING LAW § 143
tice or order within FIVE days after such service, or shall
continue to violate any provision or requirement of this
act in the respect named in said notice or order, shall also
be subject to a civil penalty of TWO HUNDRED AND
FIFTY dollars. For the recovery of any such penalties,
costs, expenses or disbursements, an action may be brought
in any court of civil jurisdiction.6 In case the notice re-
quired by sections one hundred and forty-eight and one
hundred and forty-nine of this act is not filed, or in case
the owner, lessee or other person having control of such
dwelling does not reside within the state, or cannot after
diligent effort be served with process therein, the existence
• of a nuisance or of any violation of this act, or of any
violation of an order or a notice made by said health offi-
cer as authorized by this act, in said dwelling or on the
lot on which it is situated, shall subject said dwelling and
lot7 to a penalty of TWO HUNDRED AND FIFTY dol-
lars. Said penalties shall be a lien8 upon said house and lot.
Explana- NOTE i : This important section of the law provides
for the penalties incurred by persons violating it. It
should be noted, in the first place, that every person
who violates any provision of the act is liable under it.
This means not only owners, but tenants, also con-
tractors, builders, architects and their assistants or
workmen. It even applies to public officials. IT
the health officer or inspector of buildings violates it
in failing to enforce it, he is similarly liable for these
penalties.
This provision is one to point out to owners when
they make claim, as they always do, that the tenant is
never held responsible and that all responsibility is
placed upon the owner. This should answer that
argument.
NOTE 2: Two kinds of penalties are provided, crim-
inal and civil. Under the criminal procedure a viola-
tion of the act is punishable by either imprisonment
for ten days for each day that the violation continues
or by a fine of not less than $10 or more than $100;
but where the violation is wilful, the fine is made §250,
or the offender may be punished by both fine and im-
prisonment in the discretion of the court.
270
§ 144 REQUIREMENTS AND REMEDIES
NOTE 3: It should be observed that the penalties
which attach to the violation of this law also attach to
the failure to comply with any notice issued by the
health officer under authority of this act, which is a
very distinct broadening of his powers.
NOTE 4: Any person violating the law is also sub-
ject to a civil penalty of $50 and to a further civil
penalty of $250 if he fails to comply with a notice or
order from the enforcing official within five days after
service thereof.
NOTE 5 : Liability is also incurred for any necessary
disbursements or expenses incurred by the health de-
partment in remedying unsanitary conditions. This
applies where the health officer is unable to get prompt
compliance from the owner and has to remove the
violation himself through his own employees or con-
tractors, as is authorized in the last part of Section 144.
NOTE 6: An important provision is the one which
gives the department the right to bring an action in
any court of civil jurisdiction. This means that these
actions need not be brought always in the minor
courts where the judges are often not sympathetic to
the enforcement of housing laws.
NOTE 7: The somewhat novel procedure is adopted
by which where it is difficult to find the owner, or in
the case of an absentee owner, it is possible to bring
proceedings in rent, that is, against the dwelling itself,
following the practice that prevails in the admiralty
law.
NOTE 8: The requirement that penalties imposed
in such cases shall be a lien on the property is neces-
sary, as otherwise the owner might transfer the prop-
erty and thus escape the penalty.
§ 144. PROCEDURE.1 Except as herein otherwise speci-
fied, the procedure for the prevention of violations of this
act or for the vacation of premises unlawfully occupied,
or for other abatement of nuisance in connection with a
dwelling, shall be as set forth in charter and ordinances.
In case any dwelling, building or structure is constructed,
altered, converted or maintained in violation of any pro-
vision of this act or of any order or notice of the health
officer made under the authority of the provisions of this
271
A MODEL HOUSING LAW § 144
act, or in case a nuisance exists in any such dwelling,
building or structure or upon the lot on which it is situated,
said health officer may institute any appropriate action2
or proceeding to prevent such unlawful construction, al-
teration, conversion or maintenance, to restrain, correct
or abate such violation or nuisance, to prevent the occu-
pation of said dwelling, building or structure, or to prevent
any illegal act, conduct or business in or about such dwell-
ing or lot. In any such action or proceeding said health
officer may by affidavit setting forth the facts apply to
the circuit3 court or to any justice thereof for an order
granting the relief for which said action or proceeding is
brought, or for an order enjoining all persons from doing
or permitting to be done any work in or about such dwell-
ing, building, structure or lot, or from occupying or using
the same for any purpose until the entry of final judgment
or order. In case any notice or order issued by said health
officer is not complied with, said health officer may apply
to the circuit court3 or to any justice thereof for an
order authorizing him to execute and carry out4 the pro-
visions of said notice or order, to remove any violation
specified in said notice or order, or to abate any nuisance
in or about such dwelling, building or structure or the
lot upon which it is situated. The court or any justice
thereof is hereby authorized to make any order specified
in this section. In no case shall the health department,
health officer, or any officer or employee thereof, or the
city, be liable5 for costs in any action or proceeding that
may be commenced in pursuance of this act. The actions,
proceedings and authority of the health officer shall at
all times be regarded as in their nature judicial, and shall
be treated as prima facie just and legal.6
Explana- NOTE i : It is deliberately planned in this and other
tion sections to give to the enforcing officials in their fight
against unsanitary conditions every weapon known to
modern or ancient warfare. The health officer should
be armed with rifle, shot gun, automatic revolver,
howitzer, stiletto, dirk, cutlass, and poighard. It is
272
§ 144 REQUIREMENTS AND REMEDIES
true that he will seldom wish to use all of these; cer-
tainly not all at once; but there are troublesome cases
where he may need to use powers which he would
ordinarily not think of using. One great advantage of
giving such broad powers to the enforcing official is
that it deprives him completely of the excuse that he
has riot sufficient power to enable him to remedy the
conditions. This is a favorite excuse of incompetent
public officials in all branches of civic work. On the
other hand, housing reformers need have no fear of
such powers being abused. The cases where a
health officer has exceeded his powers are so rare as to
be negligible. The ordinary health officer is much
more likely to err on the other side and fail to use his
powers because of "pressure" or opposition of in-
terests affected.
NOTE 2: Under the provisions of this and other
sections the health officer may use any or all of the
following methods in trying to bring about compliance
with the law. He may sue the responsible person for
a penalty in a civil suit; he may arrest the offender
and put him in jail; he may stop the work in the case
of a new building, and prevent its going on; he may
prevent the occupancy of a building and keep it
vacant until such time as the conditions complained
of are remedied; he can evict the occupants of a
building where conditions are contrary to law and
prevent its reoccupancy until the conditions have
been cured; and finally, he can hire workmen and go
in and remedy the defects himself, charging the cost
to the owner. All of these things a health officer
should be given power to do. No one of them is un-
necessary. For further discussion of this subject see
Housing Reform.*
NOTE 3: It should be observed that under the pro-
visions of this section the health officer is' not limited
to bringing actions in the minor courts, where fre-
quently unsatisfactory results are obtained. In-
stead if he so desires he can bring an action in the
higher courts. The name of such court varies in dif-
ferent states. By "circuit" court is meant that state
court next highest to the court of last resort in the
state.
NOTE 4: The power to hire laborers and do the
* Housing Reform, pp. 138-144.
18 273
A MODEL HOUSING LAW § 145
"work himself is an important one, especially in cases
where nuisances exist which are dangerous to the
community and the owner refuses or neglects to com-
ply with reasonable promptness. This is especially
important in the case of a privy vault where an entire
neighborhood may be injured by its presence or where
there are accumulations of filth and garbage in back
yards and the owner cannot be brought to remove
them.
If the health officer is to do such work, however,
provision must be made for a contingent fund out of
which he can pay the contractors as otherwise this
power will be found of little effect. It is not advised
that this method be generally employed but only in
emergencies.
NOTE 5 : The provision that the city officials shall
not be liable for suits for damages because of their
official action is a very proper one. Without this
provision it might be easy for an owner to scare a
timid health officer by threatening personal prosecu-
tion with the result of stopping the issuance of orders
necessary for the protection of the health of the
community.
NOTE 6: The requirement that the actions, proceed-
ings and authority of the health officer shall be
deemed just and legal is an important one and saves a
great deal of red tape in the authentication of papers
of the health department. It is proper that the court
should enter upon the hearing of the case with the
assumption that the city officials are acting in good
faith. It is not like a case of private litigation.
§ 145. TENANT'S RESPONSIBILITY. If the occupant of a
dwelling shall fail to comply with any provision of this act
for which he is responsible and over which he has control
after due and proper notice from the health officer, such
failure to comply shall be deemed sufficient cause for the
summary eviction of such tenant by the owner and the
cancellation of his lease.
Explana- NOTE: This is an important and necessary provi-
si°n so far as it relates to conditions for which the oc-
cupants of dwellings are responsible and over which
they have control. This means especially conditions
274
§§ 146, 147 REQUIREMENTS AND REMEDIES
of unclearjliness, accumulations of filth, and so forth.
It properly gives the owner a club to hold over the
delinquent tenant's head. Where he fails to clearu
up and the owner evicts him and the dwelling becomes
vacant, then of course the duty of cleaning up rests
on the owner before a new tenant is taken into the
house.
§ 146. LIENS. Every fine imposed by judgment under
section one hundred and forty-three of this act upon the
owner of a dwelling shall be a lien1 upon the real property
in relation to which the fine is imposed from the time of the
filing of a certified copy of said judgment in the office of
the clerk of the county in which said dwelling is situated,
subject only to taxes, assessments and water rates and to
such mortgage and mechanics' liens as may exist thereon
prior to such filing; and it shall be the duty of the health
officer upon the entry of said judgment to forthwith file
the copy as aforesaid, and such copy, upon such filing,
shall be forthwith indexed by the clerk in the index of
mechanics' liens.
NOTE i : All penalties that may be imposed by
, 11- .1 <-m • •
judgment are made hens upon the property. This is
necessary as otherwise there would be no way of col-
lecting them, as the owner could transfer the property
to a dummy. Judgments under such circumstances
would have no terror for owners who refused to obey
the law, and civil proceedings, as well as criminal pro-
ceedings where fines are imposed, would soon lose
their value as a means of securing law enforcement.
NOTE 2: Care should be taken to see that the
method prescribed here is in harmony with the local
practice.
§ 147. Lis PENDENs.1 In any action or proceeding in-
stituted by the health officer, the plaintiff or petitioner
may file in the county clerk's office of the county where the
property affected by such action or proceeding is situated,
a notice of the pendency of such action or proceeding.
Said notice may be filed at the time of the commencement
275
A MODEL HOUSING LAW § 148
of the action or proceeding, or at any time afterwards
before final judgment or .order, or at any time after the
service of any notice or order issued by said health officer.
Such notice shall have the same force and effect as the
notice of pendency of action provided for in the code of
civil procedure. Each county clerk with whom such
notice is filed shall record it, and shall index it to the name
of each person specified in a direction subscribed by the
corporation counsel. Any such notice may be vacated
upon the order of a judge or justice of the court in which
such action or proceeding was instituted or is pending, or
upon the consent in writing of the corporation counsel.
The clerk of the county where such notice is filed is hereby
directed to mark such notice and any record or docket
thereof as canceled of record, upon the presentation and
filing of such consent or of a certified copy of such order.
Explana- NOTE i : The purpose of this provision is to make
|.jon public the fact that there is litigation with regard to a
particular building and that there are violations of
law which the city is trying to have removed, and thus
prevent unscrupulous owners from "unloading" the
property upon innocent purchasers who might buy
in ignorance of the fact that there were these existing
violations. This provision should be differentiated
from the ordinary filing of a Us pendens (suit pending)
after the entry of final judgment, which of course can
always be done without any special provision in an
act of this kind. What this section does is to permit
the filing of such notice at the beginning of the action,
not waiting until after judgment has been rendered.
This enables fhe health department, where they have
reason to believe that the owner is likely to evade
compliance, to file a Us pendens immediately upon the
service of its first notice.
NOTE 2: Care should be taken to see that the pro-
visions of this section harmonize with the local prac-
tice.
§ 148. REGISTRY OF OWNER'S NAME. Every owner of a
dwelling and every lessee of the whole house or other per-
son having control of a dwelling, shall file in the health de-
276
§ 149 REQUIREMENTS AND REMEDIES
partment a notice containing his name and address and
also a description of the property, by street number or
otherwise as the case may be, in such manner as will en-
able the said department easily to find the same.
NOTE: This is an important section and is essential Explana-
to a proper enforcement of sanitary laws. As the re- tion
sponsibility for compliance rests in most cases upon the
owner, it is of vital concern to the health department
that the name and address of every person responsible
for the maintenance of sanitary conditions in the city
should be quickly ascertainable. Unless this informa-
tion is kept on file in the health department much
time and energy are wasted in a search for the names
and addresses of owners. Years ago in one of our
Eastern cities in order to meet this situation a law was
passed requiring the posting of the owner's name and
address in a conspicuous place inside of the entrance
door of every tenement house, but this provision in
practice did not work. It was difficult to enforce and
subjected owners to a vast amount of solicitation
from advertising agents and persons who wished to
sell goods to them. It also opened' up possibilities
of blackmail in connection with the purchase of
property. The law was subsequently repealed. The
provision found in this code has been found to work
admirably in practice. No owner of property can
with reason object to a requirement that he shall
register his name and address with the public officials,
especially with the health department. The health
department should see that this section is strictly
enforced.
§ 149. REGISTRY OF AGENT'S NAME. Every owner, agent
or lessee of a dwelling may file in the health department a
notice containing the name and address of an agent of
such house, for the purpose of receiving service of process,
and also a description of the property by street number or
otherwise as the case may be, in such manner as will en-
able the health department easily to find the same. The
name of the owner or lessee may be filed as agent for this
purpose.
277
A MODEL HOUSING LAW
§§150,
Explana- NOTE: This is quite a different provision from the
tlon one in tne preceding section, though it may seem very
similar at first glance. Instead of imposing a duty
upon the owner, this grants him a privilege and enables
the owner of property for his own convenience to file
in the health department the name of a person to
whom he wishes all departmental notices to be sent.
§ 150. SERVICE OF NOTICES AND ORDERS. Every notice
or order in relation to a dwelling shall be served FIVE days
before the time for doing the thing in relation to which it
shall have been issued; except that in cases of public
emergency where the health of the community is involved,
the health officer may require an earlier compliance. The
posting of a copy of such notice or order in a conspicuous
place in the dwelling, together with the mailing of a copy
thereof on the same day that it is posted, to each person,
if any, whose name has been filed with the health depart-
ment in accordance with the provisions of sections one
hundred and forty-eight and one hundred and forty-nine
of this act at ht address as therewith filed, shall be suffi-
cient service thereof.
Explana- NOTE: This permits legal service by the posting of
tion a c°py °f the notice in the dwelling itself in addition
to mailing a copy to the person whose name is regis-
tered in the health department, as required by Section
148. It thus does away with the delay and expense
that are usual in cases where personal service is re-
quired. In view of the fact that legal service can be
made in this way, an added incentive is afforded
owners to register their names in the department, as
otherwise they are likely to have no copy of orders
served upon them except by chance seeing a copy that
may be posted on the wall of the dwelling of which
they are the owner. In such event they have no one
to blame but themselves and the courts will hold
them liable, as if they had been personally served.
§151. SERVICE OF SUMMONS. In any action brought by
the health officer in relation to a dwelling for injunction,
vacation of the premises or abatement of nuisance, or to
278
§§ 152, 153 REQUIREMENTS AND REMEDIES
establish a lien thereon, it shall be sufficient service of
the summons to serve the same as notices and orders are
served under the provisions of the last section; provided,
that if the address of any agent whose name and address
have been filed in accordance with the provisions of sec-
tion one hundred and forty-nine of this act is in the city in
which the dwelling is situated, then a copy of the summons
shall also be delivered at such address to a person of proper
age, if upon reasonable application admittance can be ob-
tained and such person found; and provided also, that
personal service of the summons upon the owner of such
dwelling shall be sufficient service thereof upon him.
NOTE: This simply provides that the modes of Explana-
service authorized in the preceding section for notices
and orders shall also be legal for the service of sum-
monses. Both provisions are based upon the assump-
tion that owners of residence property are responsible
for the maintenance of their property and that they
must accept such responsibility when they purchase
it and that the duty of living up to that responsibility
is imposed primarily upon them and not upon the
public officials.
§ 1 52. INDEXING NAMES. The names and addresses filed
in accordance with sections one hundred and forty-eight
and one hundred and forty-nine shall be indexed by the
health officer in such a manner that all of those filed in
relation to each dwelling shall be together and readily as-
certainable. Said indexes shall be public records, open to
public inspection during business hours.
§ 1 53. ENFORCEMENT.1 The provisions of this act shall
be enforced in each city, town and village by the health
officer,2 except that the inspector of buildings shall enforce
sections fifty to sixty-two inclusive, also sections seventy-
nine, eighty, eighty-two, eighty-four, one hundred and
twenty-seven, one hundred and twenty-eight and one
hundred and twenty-nine. Where there is no inspector of
buildings, such last-named sections shall be enforced by
279
A MODEL HOUSING LAW § 153
the state fire marshal, unless the mayor or other chief
executive officer of such city, town or village shall designate
some other public official thereof for the enforcement of the
said sections.
Such supplementary ordinances as are authorized to be
enacted under the authority of section seven of this act
by the local legislative bodies of each city, town or village,
shall be enforced by the health officer and the inspector
of buildings on the same basis as above outlined. The in-
spector of buildings shall enforce such provisions relative
only to fire prevention, fire-escapes, egress and the like.
The health officer shall enforce all other provisions espe-
cially those relative to light, ventilation, plumbing, sani-
tation, occupancy, maintenance and the like.
Each of said officers shall keep and preserve as to each
building a complete record of all inspections, permits and
orders issued pursuant to this act. An action may be
brought and proceedings taken for the enforcement of
this act by any taxpayer3 of the city, town or village.
Explana- NOTE i : There will probably be great difference
tion of opinion in reference to this section. The scheme
outlined here with reference to the enforcement of
the act contemplates its enforcement in its entirety
(with the exception of those provisions which relate
to means of egress and fire-escapes) by the health
department. This is done deliberately. While very
plausible reasons can be advanced for a division of
responsibility between the health officer and inspector
of buildings, or similar official, such division of re-
sponsibility does not work out advantageously in
actual practice. It is claimed, for example, that the
inspector of buildings, whose duty it is to see that
all new structures and those altered are built in
compliance with the law, should enforce those pro-
visions of this act which deal with new structures or
with alterations, and that the health department
should confine itself to the securing of sanitary con-
ditions in existing houses. From many points, of
view this is logical, but it is not desirable. It is quite
true that the building officials concern themselves
with new buildings and with nothing else, as a rule,
280
§ 153 REQUIREMENTS AND REMEDIES
It is also true that the health officials concern them-
selves with the maintenance of sanitary conditions in
existing buildings and not with new buildings, but not-
withstanding this fact it is necessary that the health
officials of the community should enforce all of the
provisions of a housing law except those which deal
with fire-escapes and means of egress. Practically
all the other provisions, excepting the provisions of
Title 3 of Article II entitled Fire Protection, deal
with sanitary conditions; that is, with making sure
that adequate light and ventilation are secured, that
rooms are large enough and properly arranged, and
that sanitary conditions of various kinds are main-
tained. The health officials are the only persons who
are really competent to determine these questions.
There are, moreover, no practical difficulties in the way
of this plan of enforcement, so far as this law is con-
cerned, as the law does not concern itself with those
technical phases of building construction which are
usually found in building codes and which it might be
difficult to have an ordinary sanitary inspector pass
upon. A sanitary inspector, however, is quite as com-
petent to measure a court and determine whether it is i o
feet wide or not as is a building inspector; he is quite
as competent to measure a room and see if it con-
tains 90 square feet and is 9 feet high as is a build-
ing inspector; and so with the other provisions of the
act which deal with new buildings. It is true that
the provisions of Title 3 of Article II, dealing with
Fire Protection, do more properly belong in the build-
ing department, but as the health inspector has to
inspect the building to see that the other require-
ments are being complied with, it has seemed best
to place the enforcement of all the provisions of the
housing law in the hands of the health officials, with
the one exception of fire-escapes and means of egress,
thus making a clean-cut division between the duties
of these two officials. Under this plan the inspector
of buildings enforces the building code, the health
officer enforces the housing law. The reasons which
lead to these conclusions will be found fully set forth
in Housing Reform.*
NOTE 2: In some cities it may be more appropriate
to, place the responsibility for the enforcement of the
* Housing Reform, pp. 123-129.
28l
A MODEL HOUSING LAW §§ 154, 155
law upon the health "department" rather than upon
the health officer. As a rule the health officer is in
most places the chief executive officer of the health
department, but in some cities this is not the case
and he occupies a more or less subordinate position.
The matter should be adjusted to suit the local
conditions.
NOTE 3: The provision contained in the last
sentence of this section, giving the right to a taxpayer
to institute an action for the enforcement of the act,
is a very valuable provision and will prove of great
service where public officials are inclined to be lax
or dilatory.
§ 154. POWERS CONFERRED. The powers conferred
by this act upon the public officials mentioned in this act
shall be in addition to the powers already conferred upon
said officers, and shall not be construed as in any way
limiting their powers except as provided in section seven.
Explana- NOTE : This provision is necessary because in some
tion cities it has been claimed that the powers conferred
by an act of this kind are in lieu of powers which
already exist and therefore take away some of the
existing powers. This of course is undesirable.
§155. INSPECTION OF DWELLINGS. The health officer
shall cause a periodic inspection1 to be made of every
multiple-dwelling2 at least once a year. Such inspection
shall include thorough examination of all parts of such
multiple-dwelling and the premises connected therewith.
The health officer is also hereby empowered to make
similar inspections of all dwellings as frequently as may
be necessary.
Explana- NOTE i: This is a vitally important section. It
makes mandatory periodic, systematic inspection of
all multiple dwellings at least once a year. This is
the only system of inspection worthy of the name.
The ideal requirement would be to have such inspec-
tion made every three months, but this is not feasible
in most cities as the expense involved is too great.
Once a year, however, is entirely practicable. For
282 -
§ 156 REQUIREMENTS AND REMEDIES
further discussion of this subject see Housing Re-
form.*
NOTE 2: It should be noted that this requirement
calling for a mandatory inspection once a year is
limited to multiple dwellings although the health
officer is empowered to make similar inspections of
all dwellings as frequently as may be necessary.
Some ingenious persons may claim that the inspec-
tion by health officers of multiple dwellings is limited
to once a year. Such claim should not be entertained
for a moment, in view of the provisions contained
in Sections 154 and 156 and also the further clear
and distinct language employed in Section 155. In
other words, the health officer must inspect every
multiple dwelling at least once a year and may inspect
it as often as he finds it necessary or desirable.
§ 1 56. RIGHT OF ENTRY.1 The health officer and all in-
spectors, officers and employees of the health department,
and such other persons2 as may be authorized by the
health officer, may without fee or hindrance enter, examine
and survey all premises, grounds, erections, structures,
apartments, dwellings, buildings and every part thereof in
the city. The owner or his agent or representative and the
lessee and occupant3 of every dwelling and every person
having the care and management thereof shall at all rea-
sonable times when required by any of such officers or
persons give them free access to such dwellings and prem-
ises. The owner of a dwelling and his agents and em-
ployees shall have right of access4 to such dwelling at
reasonable times for the purpose of bringing about a com-
pliance with the provisions of this act or any order issued
thereunder.
NOTE i : Without this definite grant of power Explana-
health officers have often found themselves estopped
from carrying on their work.
NOTE 2: It should be noted that the right to make
inspections is not limited to the employees of the
department, but is enjoyed also by "such other per-
sons as may be authorized by the health officer/'
* Housing Reform, pp. 134-137.
283
A MODEL HOUSING LAW § 157
This will permit the inspector of a housing reform
association to make inspections upon the authoriza-
tion of the health officer. This is important, es-
pecially in those communities where it is difficult
to secure appropriations from the city treasury and
where the health officer is unwilling to enter upon an
active and comprehensive scheme of inspection work
until its value and necessity have been demonstrated
to him. Under this plan the private citizen can be
given practically all of the powers of a city employee,
so far as inspection is concerned.
NOTE 3 : The second sentence of this section places
personal responsibility upon every agent, lessee and
occupant, so that any person interfering with the
free right of entry of persons to whom it is granted
would be liable for the penalties which accrue under
this act.
NOTE 4: The last sentence in this section is made
necessary so as to enable the owner to comply with
the orders of the health department. Otherwise he
might claim, and justly, that the tenant has posses-
sion of the premises and that he (the owner) has no
right to go upon them and do what the health depart-
ment has ordered to be done. The specific granting
to the owner of this right makes impossible any such
situation.
§ 157. INJUNCTION; UNDERTAKING. No preliminary
injunction shall be granted against 1 the health department
or its officers except by the circuit court or a justice
thereof after service of at least THREE days' notice,
together with copies of the papers upon which the motion
for such injunction is to be made. Whenever such depart-
ment shall seek any provisional remedy or shall prosecute
an appeal it shall not be necessary before obtaining or
prosecuting the same to give a bond.2
NOTE i: In view of the important powers which
11111 -1 • f i
the health department necessarily exercises for the
preservation of the health of the community, it is
obviously appropriate that a private individual,
owner, or occupant should not be in a position to
restrain the health department and prevent its carry-
284
§ 158 REQUIREMENTS AND REMEDIES
ing out necessary work by any ex parte statement of
facts to the court without the health department
being represented. This provision makes that situa-
tion impossible and insures the health department's
receiving notice of any application for an injunction
in which it is sought to restrain the department from
interfering with a building. This situation is likely
to arise chiefly in connection with cases where the
health department is seeking to stop the work on
a new building because of violation of the law or
to prevent the occupancy of a building for similar
reasons or to require the vacation of a building where
it is unfit for habitation.
NOTE 2: It is obvious that the instances where the
health department brings actions and takes appeals
from decisions are not in the same category as private
litigation, and there is no reason why a responsible
agent of the city government should be required to
give a bond under such circumstances.
§ 158. LAWS REPEALED.1 All statutes of the state
and all local ordinances or parts thereof so far as incon-
sistent with the provisions of this act are hereby repealed.
Wherever this act requires a greater width or size of yards
or courts, or requires a lower height of building, or requires
a greater percentage of lot to be left unoccupied, or imposes
other higher standards than is required in any other
statute or any local ordinance or regulation,2 the provi-
sions of this act shall govern. Wherever the provisions of
any other statute or local ordinance or regulation require
a greater width or size of yards or courts, or require a
lower height of building, or require a greater percentage
of lot to be left unoccupied, or impose other higher stand-
ards than is required in this act, the provisions of such
statute or local ordinance or regulation shall govern.
NOTE i: Wherever there is in existence a law or Explana-
local ordinance and it is desired to definitely repeal it,
it should be specifically repealed in this section by
inserting at the end thereof: "The provisions of
chapter of the laws of are hereby
repealed/' as the courts have in recent years shown a
285
A MODEL HOUSING LAW § 159
disinclination to sustain what is known as the "gene-
ral repealer." Where, however, there is no specific
ordinance dealing with the subject matter of this
housing act, or any similar state law, but where there
are provisions scattered through building codes,
sanitary codes, and plumbing codes, applicable not
only to dwellings but to all kinds of buildings, as is
the usual case, there is no way other than that em-
bodied in this section of repealing such provisions.
NOTE 2 : By this provision the community is always
assured of the maintenance of the higher standards.
Without it, there is great danger of the repeal of
important provisions through the enactment of a local
Building Code containing much lower standards.
Without a provision of this kind, the later enactment
would probably govern. The increasing number of
Zoning Laws adds emphasis to the importance of this
point; for, they- as a rule, concern themselves with
many of the same questions that are found in a Housing
Law — viz., restriction of height, sizes of courts, yards,
percentage of lot that may be occupied, and so forth.
NOTE 3 : This is not an attempt, as might appear,
to prevent a future legislature from enacting laws in
conflict with or directly repealing the provisions of
this act. No such plan could of course succeed, as
it would be unconstitutional. One legislature cannot
bind a future legislature. All that is attempted here
is to indicate the intent of the legislature and to pro-
vide for a situation which may easily arise wherein
the provisions of some future local charter affecting
the city in question, or similarly, of some local ordi-
nance or regulation, may be in conflict with the pro-
visions of this law. The effect of this section, there-
fore, would be to show that the legislature intended
that this law should govern. If this were not the
intention of the legislature, so long as this provision
of law is contained in this code, it would be necessary
for the legislature to specifically repeal or modify it.
In other words, this section would make impossible
the repeal by implication of important provisions of
this code because they might be in conflict with some
future local statute or ordinance,
§ 159. VALIDITY.1 If any section or clause or part of
this act shall be found invalid, the validity of the remainder
286
§ l6o REQUIREMENTS AND REMEDIES
shall in no way be affected thereby. The act shall be
liberally construed to promote its general objects for the
health, safety and welfare of the community.2
NOTE i: In many states such a provision is un- Explana-
necessary; for, it has been for years the practice of the tion
higher courts to so hold. In some states, however,
this is not the case. It can do no harm in any state to
include this provision. It will be "playing safe" to
do so.
NOTE 2: Caution should be given to be on one's
guard against merely stating that "the act shall be
construed liberally. " For such a provision is frequently
seized upon by architects, builders, owners and lax
public officials to justify them in interpreting and en-
forcing the law "liberally" to the interests affected by
it. The direct reverse of this is what is sought, viz.,
that the law shall be not construed narrowly, but
so as to benefit the "health, safety and welfare of
the community."
§ 1 60. WHEN TO TAKE EFFECT. This act shall take
effect immediately.1
NOTE i : The desirable thing is to have the act take Explana-
effect immediately, but this cannot always be done tion
as there will be numerous building operations in
contemplation, for many of which contracts may have
been made but for which plans had not up to the time
of the passage of the act been filed and approved by
the local authorities. One is here on the horns of a
dilemma. If the act does not take effect promptly,
builders and contractors who wish to secure the
benefits- of building under the more liberal provisions
of existing law, will file plans in large quantities for
most of the lots in the city, in order to anticipate the
new law, and people will thus be permitted to build
dwellings under the provisions of the old one for many
years to come. If the law has had wide publicity
before its enactment, there will be no real hardship
in making the act take effect immediately, as archi-
tects, owners and builders will have had ample notice
of it in connection with the discussion arising during
its passage through the legislature; but where such
287
A MODEL HOUSING LAW § 1 60
free public discussion has not been had, it will hardly
be practicable in many instances to make the act
take effect immediately. These considerations apply,
of course, only to those provisions of the act which
deal with new buildings and not in any sense to any
of the other provisions of the act. Except with re-
gard to new buildings, the act should take effect
immediately in every case. If because of the reasons
stated it seems wise to meet the views of owners,
architects and builders, and permit the filing of a
reasonable number of plans for the dwellings con-
templated under the provisions of the old law, the
following concession is suggested. At the end of
this section strike out the period and insert a comma
and add the following:
Concession CONCESSION: " except that Articles II and III thereof
relative to 'Dwellings Hereafter Erected/ and to 'Altera-
tions/ shall take effect thirty days2 after its signature by
the governor. Dwellings may be hereafter erected or
altered under the laws and ordinances in force and effect
on the day this act was passed by the legislature, pro-
vided the plans for such dwellings shall have been filed
in the office of the inspector of buildings and shall have
been approved in writing by him within thirty days after
this act is signed by the governor; such plans shall be
bona fide plans suited to the lots for which they are filed,
shall show the interior arrangement and grouping of the
rooms in the proposed dwelling, and the arrangement of
yards and courts. The right to build under the said laws
and ordinances shall cease and terminate in the case of
any dwelling that has not progressed beyond the second
tier of beams3 within one year from the said date."
Explana- NOTE 2: Under this concession thirty days' time
tion is allowed owners, builders, and architects to file
plans under the old law; that is, thirty days after
the governor has signed the act. In many states the
governor is allowed a thirty-day period in which to
sign bills; in some only ten. In the former case,
owners and builders may thus be afforded two months'
time in which to adjust themselves to the changed
288
§ l6o REQUIREMENTS AND REMEDIES
conditions. In any event they will be afforded nearly
forty days' time, which should prove ample.
NOTE 3: In order that the life of the plans thus
filed may not be indefinitely .extended, the require-
ment is added that the building in question must
have progressed beyond the second tier of beams
within one year after the act takes effect. This will
not be deemed an unreasonable provision, as after
the plans are filed all bona fide operations should
easily get that far within the time specified.
19 289
V
WHAT KINDS OF HOUSES CAN BE BUILT UNDER
THE MODEL LAW?
WHAT KINDS OF HOUSES CAN BE BUILT UNDER THE
MODEL LAW?
THE first question which will be asked in every community
where a new housing law is proposed is " What effect will
this law have on building operations? " Is it possible to
build under the more rigorous requirements of such an act houses
which will be commercially profitable and yet at the same time
be the kind of house that the public demands?
The first impression which interests adversely affected will
seek to convey is that the law is impracticable and that it will stop
building operations in that city, that the cost of building will be
greatly increased thereby, and that people will not be able to
afford the kind of house which the law calls for.
Great emphasis will undoubtedly be laid upon the fact that
the requirements of the law are so much more stringent as to the
open spaces that have to be left and the restrictions placed upon
the percentage of lot that may be occupied, the larger yards re-
quired and the more ample courts, that it will not be possible to
construct under such a law buildings which will be commercially
profitable.
It is vitally important, therefore, that the housing reformer
should know at once whether these claims are sound or not. He
must be in a position to show to the community that they have no
basis in fact and that it will be possible to build under the require-
ments of the new law houses of all kinds which will be commercially
profitable and at the same time will hot involve any material in-
crease in rents or in cost of construction.
Is it possible to show this, and how best can this be demon-
strated?
The most practicable way to demonstrate it is to draw plans
showing the various kinds of buildings that can be built on different
293
A MODEL HOUSING LAW
sized lots. It should be borne in mind that this should be dem-
onstrated with regard to two main groups of houses, (i) the de-
tached house and (2) houses built in continuous rows or groups.
The conditions which relate to the two classes are naturally
very different and the types of plans that can be evolved will differ
similarly.
Under each one of these classes it is necessary to consider
also what is possible in the way of development in each kind of
building; namely, the private dwelling, the two-family house, and
the multiple dwelling; that is, the tenement house, the flat and the
apartment house. It is also necessary to know what developments
are possible in all these classes of buildings, of both groups, on lots
of different width; namely, on lots 40 feet wide, and on lots 50
feet wide, as well as on lots 25 feet or less in width. We should
also know what is possible on lots of varying depth. What may
be possible on a lot 150 feet deep may not be practicable on a lot
but 60 feet in depth, so one should be in a position to show what can
be done on property 60 feet, 100 feet and even 150 and 200 feet
deep.
The author has attempted to meet all these questions and to
show in the form of outline plans illustrating the style of house and
its "disposition" on the lot, the various things that can be done
in all of these various circumstances. It should be clearly borne
in mind that the plans thus outlined in no sense represent the only
disposition that can be had, but merely one method of treatment.
There are many other alternatives.
No attempt has been made to show the interior arrangement
of the rooms in the house. With a building of a certain width and
length it is easy for any architect, or in fact for those who are not
architects, to adapt the customary plan in each community to
such an outline.
Take, for example, Figure 48 showing a detached house on
a lot 40 feet wide and 100 feet deep. Under the requirements
of this law this house can be built in the centre of the plot and can
be 30 feet wide by 80 feet deep, with a side yard 5 feet wide on
each side of it. It is obvious at a glance that it is possible for the
architect to get in a building of such size any disposition or ar-
rangement of the interior that may be desired either for a million-
294
HOUSES BUILT UNDER MODEL LAW
aire's mansion, a two-family house, the humble cottage of the
workingman, a cheap tenement with several families on a floor,
or a high-grade apartment house.
As an aid to a quick understanding of the various provisions
which control the type of house that may be built, the following
summary table showing the different points that must be observed
is submitted, as this matter must be considered in connection with
the provisions with reference to percentage of lot occupied, size
of rear yards, size of side yards, size of courts, and distance be-
tween buildings where there is more than one building on a lot.
All of these requirements except those relating to percentage of
lot vary with the height of the building, and two of them, namely,
the sizes of rear yards and the percentage of lot requirements,
vary also according to the depth of the lot.
SIDE YARDS AND COURTS
SIDE YARD WIDTHS
COURTS
Private
2 Family &
HEIGHT OF BUILDING
Dwelling
Multiple Dws.
Inner
Outer
Width
Mini-
Maxi-
mum
mum
On Own
Bet.
On Own
Bet.
Length
Length
Lot
Bldgs.
Lot
Bldgs.
i story (10 ft.) .
\l/2 story (20 ft.)
3ft.
4ft.
6ft.
8ft.
4ft.
5ft.
8 ft.
10 ft.
3K ft.
6# ft.
6% ft.
13*5 ft.
13^ ft.
26^ ft.
2 story (20 ft.) .
2K story (30 ft.)
4ft.
5 ft.
8ft.
10 ft.
5ft.
6ft.
10 ft.
12 ft.
62/3 ft.
10 ft.
I3K ft.
20 ft.
26^ ft.
40 ft.
3 story (30 ft.) .
5 ft.
10 ft.
6ft.
12 ft.
10 ft.
20 ft.
40 ft.
4 story (40 ft.)
5 story (50 ft.) .
6 story (60 ft.) etc.
6ft.
7ft.
8 ft.
12 ft.
14 ft.
i6ft.
7ft.
8ft.
9ft.
14 ft.
i6ft.
1 8 ft.
I3K ft.
i6# ft.
20 ft.
26% ft.
33 1A ft.
40 ft.
53 X ft.
66^ ft.
Soft.
REAR YARDS (MEASURED TO MIDDLE OF ALLEY)
DEPTH OF LOTS (INTERIOR LOTS)
40 ft.
50 ft.
60 ft.
TOO ft.
125 ft.
150 ft.
200 ft.
250 ft.
i story 10% .
10 ft. min.
10 ft. min.
10 ft. min.
10 ft.
I2>^ ft.
I5ft.
20 ft.
2Sft.
2 story 15% .
10 ft. min.
10 ft. min.
10 ft. min.
15 ft.
lS^4 ft.
22Mft.
30 ft.
37 M ft.
3 story 20%
10 ft. min.
10 ft.
12 ft.
20 ft.
25 ft.
30 ft.
40 ft.
Soft.
4 story 25% .
10 ft.
I2M ft.
I5ft.
2Sft.
37Mft.
50 ft.
62K ft.
5 story 30% .
12 ft.
is ft.
1 8 ft.
30 ft.
37M ft.
45 ft.
60 ft.
75ft.
6 story 35% etc. .
14 ft.
i?K ft.
21 ft.
35ft.
43^ft.
52Xft.
70 ft.
87* ft.
295
A MODEL HOUSING LAW
PERCENTAGE OF LOT — INTERIOR LOTS
DEPTH OF LOT PERCENTAGE OF LOT
Up to 60 ft 70%
60-105 ft.
105-155 ft
1 55-205 ft
Over 205 ft.
Let us consider first the detached type of house. In many
cities the general custom is to place such a building in the centre
of the plot and leave a side yard on each side of it. The builder
of the neighboring house, as a rule, adopts a similar practice so
that each person has the advantage of the spaces thus joined to-
gether, making the distance between the houses twice as much
as it would ordinarily otherwise be. Figures 47-53 (pages 307-
313) show the various methods of treatment possible in the
case of private dwellings not exceeding two stories and attic in
height. For such buildings under the provisions of this law a side
yard not less than 5 feet in width would have to be left on either
side of the building. With a lot 40 feet wide and a side yard 5 feet
wide on each side of it, it is possible to build the house 30 feet in
width. This gives an ample house for all kinds of buildings. It
is sufficiently wide for the mansion of the well-to-do citizen, it is
' sufficiently wide for a two-family dwelling, one family upstairs and
one down, and it is sufficiently wide for a high-class apartment
house or a cheap tenement, though of course a larger lot, espe-
cially one 50 feet in width, will afford a much better treatment and
prove more satisfactory. In laying out property divisions in new
portions of a city it would be far better to make the lot units 50 feet
in width, especially in high-class residence districts, but lots 40 feet
in width will give very satisfactory results.
No attempt has been made to show the treatment possible
on lots 50 feet in width, as it is at once obvious that all the things
that are possible on the 4O-foot lot are possible in this case as well,
only the owner has 10 extra feet in width to dispose of which he
can use either in making his building 40 feet wide instead of 30
feet, or can enlarge his side yards, as he pleases. So far as the
law is concerned, the conditions which govern would make no
change in the disposition of a lot of this greater width. The plans,
296
HOUSES BUILT UNDER MODEL LAW
therefore, which are submitted for the 4o-foot lot should be deemed
to apply equally to the 5O-foot lot.
Seven different treatments are offered for consideration. . It
is shown first (Figure 47) what is possible on a lot of very narrow
depth, say even not more than 60 feet in depth. There are such
lots in many cities, "tail-enders" as they are called. Even with
this small plot it is possible to build an excellent type of house;
namely, a house 30 feet by 48 feet, built up to the line in front,
with a side yard on either side and with a rear yard 12 feet in depth,
the minimum required by the law. A building 30 feet by 48 feet
will give a very attractive house in the case of both a private dwell-
ing and a two-family house and it will be even possible to build a
satisfactory tenement house on this plot.
When we take the ordinary type of lot which prevails in most
cities, the lot 100 feet in depth, it is at once seen how easy it is to
develop such property advantageously. Here two alternatives
are presented. In the first case (Figure 48) but one building is
shown on the plot. Under this disposition it would be possible
to build a house 30 feet wide and 80 feet deep with a back yard 20
feet in depth, the minimum required by law, and with a side yard
on each side of the house 5 feet in width. Few people would wish
to build a private dwelling 80 feet deep. There would also be
few cases where it would be desired to build even a two-family
dwelling that depth, though it might be advantageous in building
an apartment house or tenement house to utilize this larger space.
The disposition which would be had most generally would be that
shown in Figure 49, where a garage is placed on the rear of the
lot. Here, as will be seen, it is possible to have the house 30 feet
by 55 feet, to have a rear yard 20 feet in depth or have the house
65 feet and a lo-foot yard between it and the garage, the minimum
required by the law, and then at the rear a garage 25 feet by 30
feet, leaving a space of 10 feet on one side of the garage, at the
rear, for a driveway if that is desired.
An alternative to this plan not shown in any of the diagrams
would be in cases where no garage is desired and where a front yard
is desired, to set back the house, leaving a front yard 25 feet in
depth and the full width of the plot. Under this arrangement we
should have a house as in Figure 49, 30 by 55 feet, a front yard 25
297
A MODEL HOUSING LAW
by 40 feet, a rear yard 20 by 40 feet and two side yards each 5 feet
in width and extending along the entire depth of the house. This
would give a very desirable house both in the case of a private
dwelling and a two-family dwelling.
When we come to lots of greater depth, namely, the lot 150
feet deep, it is at once obvious that even more advantageous treat-
ment from the point of view of the use of the property is afforded.
Figure 50 shows that with such a lot it is possible to build a house
30 feet by 85 feet in depth, to have a garage at the rear 25 feet by
30 feet in size and to have a 4o-foot yard between them. Or in-
stead of this, the depth of the house can be cut down if it is desired
to have a front yard and the building set back from the street 25
feet or whatever amount is desired (as shown in Figure 51) and
the house reduced to 60 feet in depth, which would be a deeper
house than would naturally be desired either for a private dwelling
or two-family house.
Similarly with regard to lots 200 feet deep. Figure 52
shows that with such a lot we could build our house 30 feet by 108
feet, have a garage at the rear, and leave a 6y-foot yard between
the two, a yard 27 feet more than the law would require. Or in-
stead of this, a front yard could be left in front, say 30 feet in
depth, the house be made 30 feet by 95 feet, the garage 25 feet
by 30 feet, with a yard 50 feet deep between the house and garage
(Figure 53).
It is evident from a study of these plans that there is not the
slightest difficulty from any point of view, under the provisions of
the Model Law, in developing a plot 40 feet in width with a de-
tached house which will be commercially profitable and at the
same time in accordance with the desires of the people who are to
live in it and with the habits of the community.
This is true so far as the two-story and attic building is con-
cerned and applies to all classes of buildings, the private dwelling,
the two-family dwelling, and to the multiple dwelling; namely,
the tenement house, the flat and the apartment house.
But, it may be asked, although this can be done with a
building two stories and attic in height, is it feasible with the three-
story and attic building, the type which is more common in many
of our cities? The answer is unquestionably, Yes. The following
298
HOUSES BUILT UNDER MODEL LAW
seven diagrams (Figures 54-60) show that even in this case it is
easily practicable to build every class of house desired on a lot unit
of 40 feet in width, on lots of varying depth, namely, 60 feet, 100
feet, 1 50 feet, and 200 feet, and have the buildings three stories
and attic in height. The types of houses that can be built are
practically identical with the houses that are possible in the plans
which have been presented in the case of the two-story and
attic house (Figures 47-53). The only difference is that in this
case the side yards must be 6 feet wide instead of 5 feet wide.
This means that the house can be but 28 feet in width instead of
30 feet. This is not at all too narrow to give satisfactory results
even in the case of a private dwelling or two-family house or even
a multiple dwelling.
Taking up these plans in detail and commenting briefly on
them we find the following possibilities for the three-story and
attic house on the 4O-foot lot.
On a 6o-foot lot we may have a house 28 feet by 45 feet with
a back yard 15 feet deep (Figure 54); on a lot 100 feet deep we
may have a house 28 feet by 75 feet with a back yard 25 feet in
depth, the minimum (Figure 55); or if we do not desire a house
as deep as this, as this is deeper than would be generally desired
in the case of private dwellings and two-family houses at all events,
it would be possible to have a garage at the rear of the lot 25 feet
by 30 feet and to have our house 28 feet by 50 feet, with a 25-foot
yard between them, the minimum depth (Figure 56); or if no
garage is desired and it is wished to set back the house from the
building line and have a front yard, it would be possible to have a
front yard 25 feet by 40 feet, a house 28 feet by 50 feet, and a back
yard of 25 feet. (Under the provisions of Section 30 only 10
feet would have to be left between the house and the garage). On
lots 1 50 feet deep it is possible to have a house 28 feet by 85 feet,
with a garage 25 feet by 30 feet at the rear and a 4o-foot yard
between the two, slightly more than the minimum (Figure 57).
(Under the provisions of Section 30 only 10 feet would have to
be left between the house and the garage). Or if a house of this
great depth is not desired, it is possible to set back the house from
the building line 25 feet, have a front yard of that depth, a build-
ing 28 feet by 60 feet, a garage at the rear 25 feet by 30 feet, and
299
A MODEL HOUSING LAW
a 4o-foot yard between the two buildings (Figure 58). (Under the
provisions of Section 30 only 10 feet would have to be left
between the house and the garage). With a lot 200 feet in depth
we may obtain a house 28 feet by 1 16 feet, a garage at the rear
25 feet by 30 feet, with a 59-foot yard between the two, 9 feet more
than the minimum (Figure 59). (Under the provisions of Section
30 only 10 feet would have to be left between the house and
the garage). There is probably no instance where anyone would
desire a house of this excessive depth, not even in the case of
apartment houses or tenement houses, and the more usual treat-
ment would be to have a large front yard instead of extending the
building back so far upon the lot. Under such a treatment we
could have a front yard 30 feet by 40 feet, a house 28 feet by 95 feet,
a garage at the rear 25 feet by 30 feet, and a rear yard between the
two of 50 feet, the minimum (Figure 60). (Under the provisions
of Section 30 only 10 feet would have to be left between the house
and the garage).
It is obvious from a consideration of these plans that in the
case of the three-story and attic detached house on a 4O-foot lot,
no matter what the depth of the lot may be, there is not the
slightest difficulty in building a house that will be a commercial
success and the kind of house that the people want.
If these results affording the most generous use of space
from the point of view of the builder and owner are feasible on lots
40 feet in width, it is obvious at once that with a larger lot unit,
that is, 50 feet or more, it will be possible to obtain even more
satisfactory results. No attempt has been made to show what
would be possible with houses that are intended to be four
stories in height. A four-story private dwelling is seldom built
and should be discouraged. A four-story two-family dwelling is
unknown. When it comes to apartment houses and tenement
houses the four-story house will appear more frequently. The
same method of treatment is possible with the four-story house,
except that the side yards would have to be 7 feet wide instead of
6 feet and the yards would have to be of a greater depth, depending
upon the depth of the lot as well as upon the height of the building.
What has been said shows conclusively that the law will
work in practice on lots 40 feet or more in width, but it may be
300
HOUSES BUILT UNDER MODEL LAW
asked " What is to be done with the small lot — lots but 30 or 25
feet wide?" Is it possible to build houses on such lots that will
be commercially successful and yet will comply with the law? ~
Here the answer is not so easy. It must be frankly ad-
mitted that it is not possible on a 25-foot lot to place a detached
house in the centre of the plot and leave an adequate side yard on
each side of it. In the case of a two-story building each side yard
would have to be 4 feet wide. This would leave but 17 feet for the
house, which would not be wide enough, except in the case of
workingmen's houses of a particular type.
Similarly with three-story buildings, each side yard would
have to be 5 feet wide, leaving but 1 5 feet for the building. One
could not build a building 1 5 feet wide that would be practicable,
though it is true there are hundreds of thousands of buildings in
'the city of Philadelphia which do not exceed 15 feet in width.
We must however at once dismiss as impracticable the idea
of building houses 1 5 and 1 7 feet wide. The people of most cities
would so consider it.
Does this mean, therefore, that it will not be possible to
build on such a plot a house that will be commercially profitable
and at the same time meet the desires of the people?
There is no doubt that a house of this kind can be built,
but it will involve some changes in the habits of the people in .a
number of cities. In many cities it is the habit to build the houses
in the middle of the lot, devoting the space that is left on either
side to use as a side yard. In some cities this is not the custom
but instead the custom is to build one side of the house up to the
lot line and to leave the space that is left for side yards entirely on
the other side. Where this is done and houses are built on this
plan under a tacit agreement by the adjacent property owners,
often very excellent results are obtained.
This is the only type of detached dwelling that is possible on
a lot 25 feet wide; namely, a single side yard on one side of the
building and the house built up to the lot line on the other side.
This would give on a 25-foot lot, in the case of two-story houses,
a house 21 feet wide, and in the case of three-story and attic build-
ings a house 20 feet wide with a side yard 4 feet wide in the first
case and a side yard 5 feet wide in the second. Figures 61-67
301
A MODEL HOUSING LAW
show the kinds of houses that would be possible in the case of
a three-story and attic building on lots of various depths; namely,
60, 100, 150, and 200 feet deep. In each case a side yard 6 feet
wide is left on one side of the building and the other side of the
plot is built up to the lot line, giving in every instance houses 19
feet in width. This will make a very good house. There will be
no practical difficulties so far as the law is concerned in securing
adequate light and ventilation for the various rooms. In most
cases the majority of the rooms will front on the street and yard.
The other rooms will face on the side yard and the "dead end" of
the house will be used for the hallway. It does not mean neces-
sarily that this hallway will be dark, as it will be possible to open
supplementary windows in the dead wall where the owner of the
adjoining property leaves a side yard on that side following a
general plan, though it would not be lawful to have any rooms get'
their sole light and ventilation from the adjoining property.
Commenting briefly on the plans we note the following
possibilities:
On a lot 60 feet deep we can get a house 19 feet by 45 feet
with a 15-foot rear yard (Figure 61); on a loo-foot lot we would
get a house 19 feet by 75 feet with a 25-foot yard (Figure 62);
or a garage at the rear 20 feet by 25 feet, a house 19 feet by 52
feet and a 28-foot yard between them, 3 feet more than the mini-
mum (Figure 63). (Even as little as 10 feet could be left between
the garage and the building under Section 30). In the case of lots
150 feet deep it would be possible to have a house 19 feet by
76 feet, with a garage at the rear 25 feet by 25 feet, and a rear
yard between the two 49 feet in depth, 12 feet more than the
minimum (Figure 64). (Even as little as 10 feet could be left be-
tween the garage and the building under Section 30). Or if it is
desired to have a front yard on such a lot we could have a front
yard 25 feet by 25 feet, a house 19 feet by 60 feet, a garage at the
rear 25 feet by 25 feet and a 4o-foot yard between them (Figure 65).
(Even as little as 10 feet could be left between the garage and the
building under Section 30). In the case of lots 200 feet in depth
we could build the house 19 feet by 98 feet, have a garage at the
rear 25 feet by 25 feet and leave a yard of 77 feet between the two,
27 feet more than the minimum (Figure 66). (Even as little as
302
HOUSES BUILT UNDER MODEL LAW
10 feet could be left between the garage and the building under
Section 30). Or if instead it was desired to have a front yard, we
could have a front yard 30 feet by 25 feet, a house 19 feet by 95
feet, a garage at the rear 25 feet by 25 feet and a 5O-foot yard
between the two (Figure 67). (Even as little as 10 feet could be
left between the garage and the building under Section 30).
When it comes to lots less than 25 feet in width it is clearly
impracticable to build a detached house on such a lot, and the only
thing to do there is to build houses in rows or groups; that is, to
build them right up to the line on either side. This is so, irre-
spective of the provisions of this law. It would be most unwise
to build a detached house on such a lot, as it would be impossible
to get an adequate open space on either side of it that would fur-
nish sufficient light and which would not be simply a narrow, dark
pocket, unsightly and a gathering place for waste material.
In many cases a more advantageous treatment even on the
25-foot lot would be had by this method than could be had with
the detached house. In other words, it will be found advantageous
to utilize the full frontage of the lot and to build the front at least
up to the lot line on either side. This is, of course, the prevailing
method of building in the case of apartment houses, flats, and
tenements in those portions of a city where land values are
high and where street frontage is valuable. It would also be the
most advantageous method to employ in the case of two-family
houses and even private dwellings in many parts of large cities.
In many cities, except on the outskirts, it is often not feasible from
the commercial point of view to build workingmen's houses or
houses for people of moderate means on any other basis. To
utilize all of the lot front and build houses in groups is the only
feasible way.
What kind of houses, it may be asked, can be built on 25-
foot lots where houses are built in this way without any side yards?
Figures 68-74 show what is possible under these circumstances.
The type of house that is there shown is suitable for all
classes of dwellings, for the private house, the two-family house and
the apartment house. Here especially it should be noted that
various kinds of treatment other than those presented are possible.
The plans simply show the "dispositions" which have suggested
303
A MODEL HOUSING LAW
themselves to the author as feasible and as giving kinds of build-
ings which would be attractive to live in and commercially suc-
cessful.
Looking at these plans and commenting briefly upon them
we note the following:
On a 6o-foot lot it would be possible to build a house 25 feet
by 42 feet, leaving a yard of 1 8 feet at the rear. Such a house,
however, could not exceed two rooms in depth, as the rooms
would have to open either on the street or on the yard. It would
probably not be advantageous, therefore, to build the house as deep
as this, but to build it not more than 40 feet deep, leaving a 2O-f oot
yard. But it would be lawful to build as deep as 42 feet if a plan
could be developed that the owner would find it advantageous to
use (Figure 68).
On a loo-foot lot it would be possible to build a house 25
feet wide by 68 feet deep with an inner lot line court on one side
10 feet by 20 feet and a back yard 32 feet in depth at the rear of the
building, 7 feet better than the minimum. This would give a very
excellent layout in the case of either a two-family house or a mul-
tiple dwelling, as each section of the building between the street
and the court, and between the yard and the court, would be about
24 feet in depth, thus permitting the section to be built two rooms
deep. Under such an arrangement it would be very easy to get
six or seven rooms and bath on each floor after making the neces-
sary allowance for hallways and similar spaces (Figure 69) ; or if
a different treatment were desired and it was felt essential to have
a garage at the rear, we might have the following: a house 25 feet
by 52 feet with an outer court on one side 10 feet wide by 30 feet
long, a rear yard of 28 feet the full width of the lot, and a garage
at the rear 20 feet by 25 feet (Figure 70). This would permit an
interior arrangement of the house by which five or six rooms and
bath could be obtained for each floor, though of course a more
advantageous arrangement would be secured by the previous lay-
out.
In the case of a lot 150 feet deep it would be possible to get
a house 25 feet wide by 78 feet deep, with a garage at the rear 20
feet by 25 feet and a yard between the two 52 feet in depth, 22
feet more than the minimum (Figure 71). (Even as little as 10
304
HOUSES BUILT UNDER MODEL LAW
feet could be left between the garage and the building under Sec-
tion 30). This treatment would involve in the layout an inner
court on each side 10 feet by 20 feet with a hallway between the
two courts. It would be thus possible to obtain in the front sec-
tion of the building four rooms each 12 feet by 14 feet in size and
similar treatment in the rear section, making 8 rooms per floor.
This would make an excellent arrangement either in the case of a
two-family dwelling or an apartment house.
If instead of this plan it were desired to have a front yard,
it would be possible to arrange the building on the lot so as to
leave a front yard of 20 feet in depth, have the building 70 feet in
depth, a garage at the rear 20 feet by 25 feet, and a rear yard of
40 feet between the two, 10 feet more than the minimum (Figure
72). (Even as little as 10 feet could be left between the garage
and the building under Section 30). This would involve the use of
a side inner court 10 feet wide by 20 feet long. Under this plan it
would be possible to get eight or more rooms per floor with the
hall running along the dead end of the building.
With a lot 200 feet deep a building 25 feet by 95 feet could
be obtained, with a garage at the rear 25 feet by 25 feet and a
rear yard between the two buildings of 80 feet, 40 feet more than
the minimum (Figure 73). (Even as little as 10 feet could be left,
between the garage and the building under Section 30). This
would involve the use of two inner side courts, each 10 feet wide,
and 25 feet long, with the hallway of the building located between
the two courts, making a treatment by which in the front section
of the building it would be possible to obtain four rooms each
12 feet by 1 7 feet in size and a similar arrangement at the rear, thus
making eight rooms per floor; or if it was desired to utilize a front
yard and set the building back, it would be possible to have a
front yard of 30 feet by 25 feet, with the building necessarily the
same as before; namely, 25 feet by 95 feet, with eight rooms per
floor, a garage at the rear 25 feet by 25 feet, and a rear yard of
50 feet between them, 10 feet more than the minimum (Figure 74) '.
(Even as little as 10 feet could be left between the garage and the
building under Section 30).
It is obvious from a study of these plans that even on lots
of this narrow width of 25 feet it is possible, in -the case of houses
20 305
A MODEL HOUSING LAW
built in continuous rows, both private houses, two-family houses,
and multiple dwellings, to build houses that would be unques-
tionably profitable from a commercial point of view and would
give an advantageous arrangement of the rooms both from the
point of view of light and ventilation and also of convenience of
arrangement, as well as from the points of view of comfort and
what people are accustomed to. It probably will mean, however,
that the stereotyped kinds of buildings which are in existence in
many cities will have to be changed somewhat and there will there-
fore at once be opposition. The builder who is building from a
plan that he bought from an architect ten years ago will object
to going to an architect now to have a new plan made. He will
be wedded to the kind of house that he has been building and will
object to any change. Similarly, the architect may be slow to see
the opportunities that exist and may not have sufficient inventive
faculty to lay out types of plans that will produce the best results,
but such change is involved in any law which makes for progress.
If the present types of houses were satisfactory no change in the
law would be necessary.
When it comes to building houses in continuous rows on lots
of a greater width than 25 feet of course more advantageous treat-
ment can be obtained.
To sum up: On lots 40 feet or over in width detached houses
on any depth of lot can be built under this law which will be
commercially profitable, private dwellings, two-family dwellings,
and multiple dwellings of all kinds.
On lots of less than 40 feet in width the detached house is
not so advantageous, though it is still possible on lots as narrow
as 25 feet in width. On anything less than this, however, the de-
tached house is impracticable, and houses built in rows or groups
are the only thing to consider.
FIGURE 47
TWO-STORY AND ATTIC
12 FT YARD
Detached Houses on 40 ft. Lots
Lot 60 ft. deep
Occupies 60 per cent of lot
Legal maximum 70 per cent of lot
307
FIGURE 48
TWO-STORY AND ATTIC
Detached Houses on 40 ft. Lots
Lot 100 ft. deep
Occupies 66 per cent of lot
Legal maximum 60 per cent of lot
308
FIGURE 49
TWO-STORY AND ATTIC
Zo FT YARD
u.
o
o
40FT
Detached Houses on 40 ft. Lots
Lot 100 ft. deep
Occupies 60 per cent of lot
Legal maximum 60 per cent of lot
Alternative to Figure 48 with garage
309
FIGURE 50
TWO-STORY AND ATTIC
4OFTYARD
(30FF MIN.)
f
Detached Houses on 40 ft. Lots
Lot 150 ft. deep
Occupies 55 per cent of lot
Legal maximum 55 per cent of lot
310
FIGURE 51
TWO-STORY AND ATTIC
FR.ONT YARD
. X-4-OFT
i
K- 4o FF -H
Detached Houses on 40 ft. Lots
Lot 1 50 ft. deep
Occupies 55 per cent of lot
Legal maximum 55 per cent of lot
Alternative to Figure 50 with front set-back
311 .
FIGURE 52
TWO-STORY AND ATTIC
67pV YARD
(4orr
HOUSE
sorrxioerr
Detached Houses on 40 ft. Lots
Lot 200 ft. deep
Occupies 50 per cent of lot
Legal maximum 50 per cent of lot
. 312
FIGURE 53
TWO-STORY AND ATTIC
25FTX3OFT
50 rr YARD
(40FTMIN.)
;HOUSE
TRONT YARD
Aon x 30 rr
h" 4orr — H
Detached Houses on 40 ft. Lots
Lot 200 ft. deep
Occupies 45 per cent of lot
Legal maximum 50 per cent of lot
Alternative to Figure 52 with front set-back
313
FIGURE 54
THREE-STORY AND ATTIC
)5 FT- YARD
FT
Q,
FT
U_
FT
Detached Houses oh 40 ft. Lots
Lot 60 ft. deep
Occupies 52^ per cent of lot
Legal maximum 70 per cent of lot
314
FIGURE 55
THREE-STORY AND ATTIC
rp YARD
CM IN-)
<c
fT\
6
n
T
IL.
o
o
4OPf
Detached Houses on 40 ft. Lots
Lot 100 ft. deep
Occupies 5234 per cent of lot
Legal maximum 60 per cent of lot
315
FIGURE 56
THREE-STORY AND ATTIC
Z5 FT YARD
s/s
AOFF
T
t
o
0
i
Detached Houses on 40 ft. Lots
Lot 100 ft. deep
Occupies 54 per cent of lot
Legal maximum 60 per cent of lot
Alternative to Figure 55 with garage
3.6
FIGURE 57
THREE-STORY AND ATTIC
40 Fj: YARD
IN- MIN)
6k
T
t
o
40 Ff
i
Detached Houses on 40 ft. Lots
Lot 150 ft. deep
Occupies 50 per cent of lot
Legal maximum 55 per cent of lot
317
FIGURE 58
THREE-STORY AND ATTIC
40FTYARD
(37FT-6IN-MIN)
Q>
FT-
FRONT YAR.D
25 FT: x 40 FT
T
U.
O
a
i
K- 4o rr
Detached Houses on 40 ft. Lots
Lot 150 ft. deep
Occupies 40 per cent of lot
Legal maximum 55 per cent of lot
Alternative to Figure 57 with front set-back
3,8
FIGURE 59
THREE-STORY AND ATTIC
W///M,
.59 FT YARD
(50 FT
T
i
Detached Houses on 40 ft. Lots
Lot 200 ft. deep
Occupies 50 per cent of lot
Legal maximum 50 per cent ofjot
319
FIGURE 60
THREE-STORY AND ATTIC
w//////
,50 FT YARD
(M'lN)
HOUSED
28FT*95FT
FRONfYARD
40 FT* 30 Ff
T
i
40 FT
Detached Houses on 40 ft. Lots
Lot 200 ft. deep
Occupies 42^ per cent of lot
Legal maximum 50 per cent of lot
Alternative to Figure 59 with front set-back
320
FIGURE 61
THREE-STORY AND ATTIC
l&FFYARD
(MIN)
HOUSE/
19*45"
±
Detached Houses on 25 ft. Lots
Lot 60 ft. deep
Occupies 57 per cent of lot
Legal maximum 70 per cent of lot
21
321
FIGURE 62
THREE-STORY AND ATTIC
(MIN.)
HOUSE'
6
fT
I
t
8
Detached Houses on 25 ft. Lots
Lot 100 ft. deep
Occupies 57 per cent of lot
Legal maximum 60 per cent of lot
322
FIGURE 63
THREE-STORY AND ATTIC
Y/S////7,
6
FT
T
«te
8
Detached Houses on 25 ft. Lots
Lot 100 ft. deep
Occupies 60 per cent of lot
Legal maximum 60 per cent of lot
Alternative to Figure 62 with garage
323
FIGURE 64
THREE-STORY AND ATTIC
25FTX25fF
49FTYARP
Detached Houses on 25 ft. Lots
Lot 150 ft. deep
Occupies 55 per cent of lot
Legal maximum 55 per cent of lot
324
FIGURE 65
THREE-STORY AND ATTIC
40 Fi; YARD
(37FT6W-MINJ
HOUSED
I9X60/
FRONTYARP
1
t
o
1
-H
Detached Houses on 25 ft. Lots
Lot 150 ft. deep
Occupies 47 per cent of lot
Legal maximum 55 per cent of lot
Alternative to Figure 64 with front set-back
325
FIGURE 66
THREE-STORY AND ATTIC
T
7m YARD
HOUSE;
Detached Houses on 25 ft. Lots
Lot 200 ft. deep
Occupies 49+ per cent of lot
Legal maximum 50 per cent of lot
326
FIGURE 67
THREE-STORY AND ATTIC
50FT-YARD
(M IN.)
RONTYARD
25FTX30FT
K- 25 FT:— H
Detached Houses on 25 ft. Lots
Lot 200 ft. deep
Occupies 48+ per cent of lot
Legal maximum 50 per cent of lot
Alternative to Figure 66 with ront set-back
327
FIGURE 68
THREE-STORY
I8FTYARD
R-
T
±
Continuous Rows or Groups on 25 ft. Lots
Lot 60 ft. deep
Occupies 70 per cent of lot
Legal maximum 70 per cent of lot
328
FIGURE 69
THREE-STORY
T
IL.
00
32 FpfARD
(20 Ff MIN)
I
Continuous Rows or Groups on 25 ft. Lots
Lot 100 ft. deep
Occupies 60 per cent of lot
Legal maximum 60 per cent of lot
329
FIGURE 70
THREE-STORY
i
Continuous Rows or Groups on 25 ft. lots
Lot 100 ft. deep
Occupies 60 per cent of lot
Legal maximum 60 per cent of lot
Alternative to Figure 69 with garage
330
FIGURE 71
THREE-STORY
Continuous Rows or Groups on 25 ft. Lots
Lot 150 ft. deep
Occupies 55 per cent of lot
Legal maximum 55 per cent of lot
331
FIGURE 72
THREE-STORY
'/(//////^
w/y////
T
i
40fTYARD
MIN.)
W/M
Continuous Rows or Groups on 25 ft. Lots
Lot 1 50 ft. deep
Occupies 55 per cent of lot
Legal maximum 55 per cent of lot
Alternative to Figure 71 with front set-back
332
FIGURE 73
THREE-STORY
8OFFYARD
T
Continuous Rows or Groups on 25 ft. lots
Lot 200 ft. deep
Occupies 50 per cent of lot
Legal maximum 50 per cent of lot
333
FIGURE 74
THREE-STORY
50 FT.
YARD
(40FT- MM,)
T
i.
Continuous Rows or Groups on 25 ft. Lots
Lot 200 ft. deep
Occupies 50 per cent of lot
Legal maximum 50 per cent of lot
Alternative to Figure 73 with front set-back
334
VI
AN IDEAL HOUSING LAW
VI
AN IDEAL HOUSING LAW
A' I ideal situation as to the light and ventilation of
all future dwellings would result if we could adopt
in America the practice which is quite general in
Great Britain; namely, of having no buildings used for
residence purposes exceed two rooms in depth, each group
of rooms thus extending from the street to the yard, a
generous yard being left at the back of the building-
Under this plan every room and public hall, in fact, every
part of the building, would open either on the street or
on this large back yard. Such conditions are ideal. It
would mean that we would have no courts or air-shafts or
similar makeshifts for direct light and air.
Two ROOMS PEEP—
FIGURE 75
A most important step in this direction was taken in
the "Standards for Permanent Construction" adopted by
the U. S. Department of Labor in March, 1918, already
22 337
A MODEL HOUSING LAW
referred to several times in this book. Here, in the stan-
dards, for tenement houses, flats and apartments (Type 8)
it is provided:
"Buildings are not to be more than 2 rooms deep. This
means either that rooms shall open on the street or on a
rear yard or on an interior park sufficiently large for grass
and trees to grow in it and of a sufficient size to admit
direct sunshine into all rooms opening on it, at some period
of the day, except rooms with northerly exposure."
While it was easily practicable for the Federal Govern-
ment to adopt Standards like these for the 200 million
dollars' worth of workingmen's dwellings that were built
by it for the housing of war workers, it is a nice question
whether our courts would- sustain the mandatory require-
ment of a statute which prohibits the erection of dwellings
containing courts which it could be shown are sufficient
to furnish adequate light and air.
A Housing Law rests in the last analysis on whether it
is a reasonable exercise of the police power; which, in
turn, is based on the health, safety and welfare of the
community.
If it can be shown to the satisfaction of our courts that
this form of construction, viz., the use of courts, is pre-
judicial to the health, safety and welfare of the commu-
nity, such a law would be sustained.
Before this can be brought about in America, however,
we shall have to make radical changes in our property
divisions. Such a plan requires that property shall be
divided into shallow lots and that the present deep lot
which prevails in America shall cease to exist. Before
this state of affairs is likely to be reached there will un-
doubtedly be many years of effort in the city planning
movement.
This book, however, would not be complete if it did not
contain a scheme for adapting the Model Housing Law
to such conditions. To bring about these ideal conditions
but few changes in the Model Housing Law would have
to be made. They are as follows:
338
AN IDEAL HOUSING LAW
VARIATION i : Omit Subdivision (7) of Section 2, and Variation
re-number the subsequent subdivisions accordingly.
VARIATION 2: In Subdivision (16) of Section 2 omit the ~
words "or courts."
VARIATION 3: In Subdivision (18) of Section 2 omit the
sentence: "Court walls are exterior walls."
VARIATION 4: Omit Section 25 and substitute the fol-
lowing:
"§25. Courts prohibited. There shall be no court or
shaft or other unoccupied space on the lot other than a
yard. No dwelling hereafter erected shall exceed two
rooms in depth from the street to the yard. Each apart-
ment, group or suite of rooms shall extend from the street
to the yard."
VARIATION 5 : Omit Section 26. Variation
VARIATION 6: Omit Section 27.
VARIATION 7: Omit Section 28.
VARIATION 8 : In Section 29 omit the words " courts or."
VARIATION 9: In Section 31 omit the words "or court."
VARIATION 10: In Section 37 omit the words "or court."
VARIATION 1 1 : In Section 38 omit the words "or court."
VARIATION 12: In Section 47 omit the words "or court."
VARIATION 13: In Section 124 omit the words "or
court"; also omit the words "and twenty-five."
339
VII
THE STANDARDS OF THE FEDERAL GOVERNMENT
VII
THE STANDARDS OF THE FEDERAL GOVERNMENT
A ".US I ON has been made in several of the notes to various
sections of the Model Housing Law to the Standards adopted
by the Federal Government in connection with the industrial
housing developments of the U. S. Department of Labor and the
U. S. Shipping Board. These standards were adopted by the U. S.
Department of Labor under date of March 7, 1918 and have been
followed in all essential respects, but with slight variation, by the
U. S. Shipping Board as well.
These have so important a bearing on the standards of the
country's future housing laws that it has seemed not inappropriate
to include them in this book. They should serve as a most valuable
example and object lesson to all communities throughout the coun-
try which naturally will not wish to have the types of dwellings
erected in the future in their communities less desirable than those
the Federal Government considers to be appropriate for the hous-
ing of industrial workers in war times.
In order that the reasons for the adoption of these standards
and their full significance may be appreciated, we are reprinting
part of an article by the author of this book published in the
Architectural Record of April, 1918.
343
A MODEL HOUSING LAW
THE GOVERNMENTS STANDARDS FOR WAR HOUSING*
ONE of the many interesting and unexpected by-products of
the war has been the inauguration in this country of the
policy of building workingmen's dwellings by the Federal
Government. For years Great Britain and other European coun-
tries have carried on such a policy. Although a few persons have
urged the adoption of a similar policy in America, America has been
slow to follow this suggestion. It has seemed to many that the
building of houses for workingmen by the Federal Government was
an undue interference with the rights of the individual, and those of
a conservative mind have feared greatly the inauguration of such
a policy and what might come from it.
But war changes everything. Now, irrespective of what should
be the Government's policy in normal or peace times — whether
it should follow the example of Great Britain, France, Belgium,
Germany and other countries in aiding the building of workingmen's
dwellings, or whether it should still continue to hold its former
position of aloofness — the exigencies of war have forced the Federal
Government to take up the building of workingmen's dwellings.
Those in the seats of the mighty have had forced upon them the
conclusion that if the war is to be won by the Allies and is not to be
drawn out and prolonged indefinitely, a thing, apparently so remote
as the housing of the workers, may be a determining factor.
**************
While, of course, the most important function to be performed
through the Government's taking over the building of houses for
workers in shipyards and war industries resides in the speeding up
of the war, there is an important by-product to come out of all this
effort which students of housing are vitally interested in.
Every one has recognized that workingmen's dwellings built
by the Government, or with Government funds, would influence
* From the Architectural Record, April, 1918.
344
STANDARDS OF THE FEDERAL GOVERNMENT
construction in this field for many years to come. As one observer
put it, the Government's" action will stamp for the next hundred
years the type of house that is to be built for industrial workers.
Irrespective of whether this statement is correct or not, there can
be no question but that the standards adopted by the Government
for the housing of workers will have a potent influence upon the
housing of the workingman in this country for many years to come.
Partly because of the recognition of this fact, but primarily
because of the recognition of the fact that unless houses of the
right kind were built, it would not be possible to attract and bold the
right kind of workers in many communities, the Housing Admin-
istration at Washington has set itself for many months past to the
task of formulating standards which should govern in the construc-
tion work to be undertaken with governmental funds.
NINE TYPES OF HOUSES
The Standards provide for nine different types of buildings, as
follows: the single-family house; the two-family house (one family
upstairs — one family down; where two families are side by side
with a division wall between, the type is known as the "semi-
detached single-family house"); the single-family house with
rooms for not more than three lodgers or boarders; lodging house
for men; hotel for men; lodging house for women; hotel for
women; the tenement house, and the boarding house.
There are some 18 standards or provisions which have been
grouped under the title "General Provisions" which are common
to all of these types of buildings. In addition there are certain
special provisions that have been laid down for each type. Types
i, 2 and 3 — viz., the Single-Family House, the Two-Family House
and the Single-Family House with rooms for not more than three
lodgers or boarders — are grouped together and come under practi-
cally the same requirements.
The Lodging House for Men and the Hotel for Men are
grouped together and come under practically the same require-
ments. Similarly with regard to the Lodging House and Hotel for
Women. These two types come under practically the same re-
345
A MODEL HOUSING LAW
quirements though they differ in some important respects from the
requirements for the housing of men. The Tenement House and
Boarding House have each their own special requirements.
SIGNIFICANT PRINCIPLES
The significant things in these Standards, some of which really
mark revolutionary changes in the housing of workers, are the
following:
1 . The declaration against the tenement house as a means
of housing workers set forth as follows :
"Tenement houses and apartment houses are considered
generally undesirable and will be accepted only in cities where,
because of high land values, it is clearly demonstrated that single
and two-family houses cannot be economically provided, or where
there is insistent local demand for this type of multiple housing. In
any case, they will be accepted only where the Housing Board is
convinced that local conditions require or justify their use. They
must conform in general to local building ordinances, to the general
provisions of these standards and to other special provisions to be
issued by the Housing Board."
2. The requirements for light and ventilation, viz., the
enunciation of the principle that in most cases, especially in the
case of row or group houses and tenement houses, the houses shall
not be more than two rooms deep, thus doing away with long and
narrow courts. In fact the court as generally known is outlawed
even in the case of tenement houses. For such buildings a treat-
ment with a large interior park is the treatment required.
3. The declaration that there shall be an adequate space
between adjacent buildings, that either such side yards shall be
adequate or that the houses shall be built in rows or groups. This
standard marks a high-water mark in the housing practice of the
country and if followed throughout the country will revolutionize
present practice. In place of the present inadequate narrow slits
and alley-ways — often 3 feet and generally not more than 6 feet
between buildings — the new standard requires 20 feet between
adjacent buildings and insists upon a minimum of 16 feet. Unless
this can be provided the houses must be built in rows.
4. Similarly there has been an equally important recognition
346
STANDARDS OF THE FEDERAL GOVERNMENT
of the importance of an adequate open space between the backs of
buildings. The Standards impose a requirement for a minimum
distance of 50 feet, with a minimum back yard of 20 feet in alicases.
The desirability of set-backs at the front of the house is also recog-
nized.
5. The absolute prohibition of living quarters in basements
and cellars.
6. The requirement for through or cross- ventilation. Mov-
ing air has come to be the vital principle in the modern science of
ventilation.
7. The barring out completely of barracks, bunk houses and
dormitories of the usual type and the substitution for them of
dormitories housing each man in a separate single room of adequate
size.
In addition to these striking and fundamental advances in
housing standards there are numerous details, all of which go to
make for better living conditions, which mark distinct advances
and which will be of material assistance to architects throughout
the country in the planning of workingmen's dwellings, irrespective
of whether they are to be built with Government funds or not.
Some of these we believe are sufficiently interesting to be worth
commenting upon here.
CLOTHES CLOSETS IN EVERY BEDROOM
For instance, the Administration has felt it important to re-
quire that in all types of houses — boarding houses, lodging houses
and hotels, as well as in private dwellings — every bedroom shall have
a clothes closet opening from the room. It has barred out the built-in
wardrobe dresser and it has even gone so far as to suggest a mini-
mum depth for clothes closets and require them to be supplied
with rods so as to take coat hangers. It also requires every closet
to have a door. To many this may seem like going into matters
of detail of comparatively minor importance, but it is just such de-
tails as these which make or break enterprises of this kind. In
some parts of the country, partly for economy's sake, but also
through a mistaken idea that the clothes of workers need special
fumigation and airing, closet 'doors are omitted. This is a source
of great discomfort and inconvenience to the tenants. A working-
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A MODEL HOUSING LAW
man's wife is no different from anybody else's wife. She dislikes
just as much as does any other woman having dust or dampness
pour in on her clothes. Similarly, so simple a thing as the require-
ment for providing rods in each closet to take coat hangers has an
importance way out of proportion to its cost. In the first place,
it more than doubles the capacity of the closet. There are probably
not five industrial housing developments in the country where such
rods are provided and in many the clothes closets are built so nar-
row that even if a rod were provided a clothes hanger couldn't be
used on it. For this reason the Administration has felt it necessary
to impose a minimum depth of 22 inches in all closets.
ARRANGEMENT OF HALLS, STAIRS AND DOORS
One of the things that will not be found so stated in the Stand-
ards, but which has had very careful consideration, is the arrange-
ment of halls, stairs and door openings so that heavy pieces of
furniture such as are common to workingmen's families, may be
taken up and down stairs and inside of rooms without having to
take the house apart as is sometimes the case in workingmen's
dwellings of the commercial type. It ought not to be necessary in
such houses to take the piano or the brass bed, like a safe, up
through the outside windows, but it frequently happens. More-
over, the houses built with Government money will be such that
the decencies of life and death can be observed and a coffin can be
taken down stairs without standing it on end. If any one thinks
that this is not an important matter he has little knowledge of the
feelings which control the workingman. He resents such an in-
dignity to the remains of some one dear to him just as much as
would any of us. And so the Government requires that "halls,
stairs and doors shall permit the easy moving of furniture."
In very recent years a few architects, especially those who
have had their training in Paris, have adopted the practice of plan-
ning the furniture in the rooms. It is a most important practice.
In the average workingman's dwelling it is honored more in the
breach than in the observance. It too frequently happens that
when the workingman puts his furniture in his nice little house, he
finds no place for his beautiful brass double bed, which is the chief
article of furniture in the average mechanic's home and is to be
348
STANDARDS OF THE FEDERAL GOVERNMENT
found quite as often in the home of the foreign laborer as it is in
the home of the American mechanic.
Consequently, windows that have been provided to furnish
light and ventilation are practically useless, for the bed is jammed
up against them and the window as a result is never or seldom
opened and the shade is kept pulled down, thus defeating the archi-
tect's purpose. Similarly, closet and room doors are often so placed
as to get in the way of nearly all of the furniture. In the new
Standards these difficulties have been anticipated and it-is required
that beds shall be indicated on plans, to scale, and it is pointed
out to the architects, some of whom seem to be without that
domestic knowledge that double beds are 5 feet in width by 6 feet
6 inches in length and single beds three feet wide. It might at first
blush seem to the ordinary observer that it was hardly necessary to
go into so much detail on this matter, but the Administration has
already received plans from responsible architects of good stand-
ing where every double bed was too narrow and was really a three-
quarter bed — something that is seldom found in workingmen's
homes — with a result that the bed when shown on the plans in the
proper size did get in the way of doors and windows.
The Standards also add this important provision: " It is re-
commended that beds be free-standing and not located in a corner
or with the side against a wall/' Here again a necessary warning
has been served upon the architectural profession. The writer
recently saw a very attractive and charming industrial housing de-
velopment, one of the best in the country, where the architect had
prided himself upon his forethought and intelligence in planning in
all of the beds in the bedrooms, but he was either a bachelor or had
never had the experience of helping his wife make the bed. The
result was that all of his beds were shown jammed up in a corner
with one side against the wall. He was greatly surprised to learn
that the housewife didn't like beds located in that manner; that it
was impossible to make a double bed thus situated without pulling
out the bed and pushing it back again, and that this was a nuisance.
In addition, from the point of view of health, it is highly desirable
that people should not be asked to sleep with their noses up against
the wall. These defects, so frequently encountered in the work-
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A MODEL HOUSING LAW
ingman's dwelling, have been anticipated in the'new Standards and
it is hoped will be obviated.
ARRANGEMENT OF SINKS AND WASHTUBS
A similar consideration of the convenience and comfort of the
housewife is found in the requirement that sinks and washtubs
shall have the rim 36 inches above the floor. This will prevent
many an aching back.
OUTWARD APPEARANCE
Coming to the question of outside appearance, we find that
board fences are barred out and hedges or open metal fences en-
couraged. Provision for drying clothes is to be made and it is sug-
gested that where metal fences are used the fence standards can be
advantageously designed for this purpose. The backyard vegetable
garden is not to be so much considered as to make the dividing
up of the property into deep lots a desideratum to be sought after.
It is suggested instead that the European practice of centrally
located and conveniently accessible allotment gardens be followed
rather than attempting in new developments to provide deep lots
for the purpose of giving each man his own garden at the back of
his house. Porches are stated to be desirable, but must be built of
durable construction with proper foundations and must not en-
croach on the side yard or unduly darken rooms.
When it comes to the question of materials of exterior walls,
the Standards very properly state that this question is dependent
upon local supplies. Brick, terra cotta, stone or concrete are pre-
ferred for all outer walls. In the case of buildings housing a number
of people, such as lodging houses and hotels for men and women,
outer walls of frame, except in the case of one-story buildings, are
absolutely prohibited and frame tenements are similarly prohibited.
Wood frame, either clapboard, shingled or stuccoed, is permitted for
detached or semi-detached single-family and two-family houses
not over two and one-half stories high. Division walls between
houses built in rows or groups are required to be of brick, terra
cotta, stone or concrete.
350
STANDARDS OF THE FEDERAL GOVERNMENT
ELIMINATION OF WINDING STAIRS
One of the questions which will make many architects put
more study upon the plan of a workingman's dwelling than~they
have ever put before is the elimination of winding stairs. These
are absolutely barred out for all classes of buildings; for, it has
been found in practice that by a little bit more careful study the
winder can be avoided, and it is the general experience among
those familiar with dwellings of this kind that such stairs are very
objectionable, that not only children fall down them and get in-
jured, but that adults find great difficulty in getting accustomed to
them and frequent accidents result. A maximum height of 8
inches for risers and a minimum width of 9 inches for treads is
required.
VENTILATION
When it comes to questions of ventilation and light and air,
there is nothing very startling or new in the Standards adopted.
Obviously the Federal Government could not bring itself to
loan money upon houses containing dark rooms, or even on
houses with rooms inadequately lighted or ventilated. The Stand-
ards require that every room in every type of building shall have at
least one window of not less than 10 square feet in area opening
directly to the outer air. In tenement houses and in lodging
houses and hotels 12 square feet is the minimum required. This
doesn't mean that every window must be 12 square feet in area,
for there has been no thought of putting such a straitjacket
upon architectural design. All that is required is that there
shall be in every room at least one window containing this
minimum area. The greatest latitude is given architects in util-
izing windows as an essential part of the design of the house,
and casement, pivoted and double-hung sash are all permitted and
encouraged. While one window is required in every room, it is
stated that two windows in each room are generally preferred;
though it is recognized that in the small bedrooms one window is
sufficient. Special emphasis is placed upon the desirability of
cross-ventilation to secure moving air, and it is pointed out that
this should be as direct as possible and it is suggested that where
practicable communicating doors be provided between bedrooms
A MODEL HOUSING LAW
for this purpose; that where this is not possible transoms be pro-
vided, and doors and windows be so located as to make cross-
ventilation as nearly direct as possible.
PLUMBING
The best practice in plumbing requirements is followed.
The house drain under the house and 5 feet outside of it is re-
quired to be of extra heavy cast iron. Soil and waste lines simi-
larly are recommended to be either extra heavy cast iron or
genuine wrought iron and are required to be extended through the
roof. One departure from the usual plumbing practice, and one
which will appeal to architects as an economy and as a practical
measure, is the permission to use a 3-inch soil stack where not more
than two waterclosets are placed on one stack. Antiquated types
of fixtures are naturally barred out. Plunger, pan, long-hopper
and range closets are prohibited ; and waterclosets are required to be
of porcelain and either wash-down, syphon or syphon-jet type, in all
cases with an individual flush tank. The new type of open-front
seat so important in preventing venereal disease is recommended.
Outdoor waterclosets are absolutely prohibited, as are privies;
cellar waterclosets are to be permitted only where they are sup-
plementary to the accommodations required under the Standards,
and even then must be constructed under conditions which will not
give rise to abuse. One very important requirement is that access
shall be had to all watercloset compartments either from a hall or
vestibule and never solely from a room. This is essential for
privacy. Wooden sinks and wooden washtrays are barred out.
Hot and cold water supply is to be provided for all fixtures. Ex-
posed pipes are preferred, though not always required, and when
exposed preference is expressed for the use of wrought iron. Spe-
cial emphasis is laid upon the desirability of concentrating pipes
where possible, and especially in Northern climates, in keeping
them away from outside walls so as to avoid freeezing.
HEIGHT OF BUILDINGS
Single-family houses are to be kept down to two and one-half
stories in height and two-family houses are limited to two stories.
All other types of buildings — namely, tenement houses and hotels
352
STANDARDS OF THE FEDERAL GOVERNMENT
and lodging houses — are limited to four stories. While cellars are
not required in all cases, nor are they to be deemed essential under
the whole house in the case of private dwellings and two-family
houses, a minimum height of 6 feet 6 inches is required and all
cellars must be well lighted with good cross-ventilation and dry
and well paved. Where cellars are omitted the house has to be
set up on posts, stones or a wall, at least 2 feet above the ground,
and this space is required to be drained, enclosed and ventilated.
ROOMS
An attempt is made to guide the architectural profession
as to what is the best practice and the desires of the working
population with regard to room accommodation. I n workingmen's
dwellings that have been commercially built in this country a mis-
take has often been made in the past in providing too many rooms,
the six-room and seven-room house predominating to a very large
extent. The average workingman does not want so many rooms.
With a normal family he cannot use so many rooms and the result
is that he is often induced to take in roomers or lodgers; the temp-
tation to use the extra rooms in this way being almost irresistible.
Moreover, the average mechanic does not wish to spend the money
necessary to furnish so many rooms, nor can he afford to heat them,
nor does his wife wish to take care of so many rooms. In the case
of "common labor," as a rule the workingman cannot afford to pay
for more than four rooms, though he generally is forced in most
parts of the country to rent a house containing either five, six or
seven rooms.
With full recognition of these facts the Housing Administra-
tion has suggested in the case of the single-family and two-family
houses that the best type of house for the higher paid worker is a
five-room type consisting of parlor, large kitchen, three bedrooms
and bathroom. ' As an alternative type of house it is suggested
that in place of a large kitchen a dining room and kitchenette may
be provided. Architects are cautioned against providing many
houses of the four-room type for the higher paid workers. In some
cases where there are small families these will be desired, but as a
rule the higher paid worker should have at least five rooms. A
similar caution is urged with regard to the six-room type of house
23 353
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consisting of parlor, dining room, kitchen and three bedrooms and
bath. The Administration states that such a type is suited only for
abnormally large families and should be provided sparingly, it adds
that for the lower paid workers the four-room type of house is the
desirable type and that it should consist of a parlor, a kitchen, two
bedrooms, and a bathroom. An interesting provision is found in
the requirement that where a house has more than seven rooms it
is to be treated as Type 3, viz., a single-family house with rooms
for lodgers or boarders. This means that the additional bedrooms
must be so arranged and located as to insure privacy of access for
boarders, and privacy of toilet accommodations. In such houses
it is required that lodgers shall have access to their bedrooms and
to a separate watercloset compartment without having to pass
through the rooms designed for the use of the family. This will do
away with very serious evils that now exist in connection with the
practice of taking roomers in workingmen's dwellings.
SIZE OF ROOMS
In many workingmen's houses that have been built in the
past the rooms are frequently too small. In order to bring
about economy of construction, and also sometimes because of
disadvantageous lot units, and in the case of the speculative
builder a desire to "skin the job" as much as possible, has led
to the construction of houses with rooms of inadequate size. The
Housing Administration, in order to prevent this kind of evil in
Government construction, imposes a minimum size for bedrooms
jn private dwellings, two-family houses and tenement houses, of 80
square feet, with a minimum width of 7 feet. In lodging houses
and hotels it permits individual bedrooms as narrow as 6 feet in
width and as small as 60 square feet in area, though it recommends
in such types of buildings bedrooms of 70 square feet in area with a
7-foot width as a minimum. In all family dwellings, whether pri-
vate house, two-family house or the tenement, one large bedroom
is required to be provided of a size not less than 10 by 12 feet and
preferably not larger than 12 by 14 feet.
Some architects in their desire to give ample space, sometimes
provide rooms that are too large. In order to avoid this certain
maximum sizes are indicated. This is quite important; for, the
354
STANDARDS OF THE FEDERAL GOVERNMENT
bedroom that is too large encourages the taking in of roomers and
lodgers and is used practically as a dormitory. The house that has
too large rooms is also unattractive to the workingman, who finds
it difficult and expensive to heat, and he also finds that the ordinary
furniture, such as he can buy in the department store or such as he
possesses, will not fit it. This is an important consideration to the
workingman ; in fact, a room that will nicely take a 9 by 1 2 rug will be
found to be the size room that the workingman will generally desire.
For these reasons the Administration has suggested a maximum
size for all of the large rooms — namely, parlor, dining room, kitchen
and large bedroom — of 12 by 14 feet, with a minimum size for these
rooms of 10 by 12 feet. Kitchenettes are permitted only where
there is a separate dining room. In such case the kitchenette may
be as small as 6 feet in width with a minimum area of 70 square feet.
HEIGHT OF ROOMS
In private dwellings and two-family houses as well as in
lodging houses and hotels, rooms 8 feet high are permitted. In the
latter class of buildings the public rooms are required to be from 9
to 12 feet in height. In tenement houses, following the practice
in most cities and the standards of most tenement house laws, a
clear height of 9 feet is required for all rooms. Attic rooms are
encouraged in order to make possible the greater use of houses
with pitched and gambrel roofs; but an attempt is made, however,
to prevent such rooms from becoming either unsanitary or uncom-
fortable because of lack of proper ventilation, or of inadequate
height, or too great heat in summer.
In all cases a roof air space of at least 8 inches is required be-
tween the top of the ceiling and the under side of the roof; this
space to be provided with adequate waterproof openings for venti-
lation at both ends, if practicable. In addition, where there are
attic rooms it is required that there shall be a height of 8 feet
throughout a floor area of at least 40 square feet; that there shall
also be a clear height of not less than 6 feet over an area of at least
80 square feet, with a minimum width of 7 feet throughout that
area. The practice of filling up the attic in a private dwelling with
roomers is discouraged by the requirement that in two and one-half
story houses a single bedroom only may be provided in the attic.
355
A MODEL HOUSING LAW
FIRE PROTECTION
Every building over three stories high must be a fireproof
building throughout. In hotels and lodging houses for both men
and women the buildings are required to be divided up at intervals
of approximately 3,000 square feet by fire walls of brick, terra cotta,
stone or concrete, with fireproof self-closing doors at all openings.
In hotels and lodging houses the stairs and stair halls are required
to be fireproof and enclosed in walls of brick, terra cotta, stone or
concrete with fireproof self-closing doors at all openings. Dumb-
waiters and elevators are not permitted in stair inclosures, but are
required to be inclosed in separate fireproof shafts with fireproof
doors, those for dumb-waiters to be self-closing. In these types of
houses inside cellar stairs are permitted, but are required to be
inclosed similarly with fireproof walls with self-closing fireproof
doors.
MEANS OF EGRESS
In hotels and lodging houses for both men and women addi-
tional means of egress to the street or yard must be provided either
by an additional flight of stairs, by a fire tower or by a stair fire-
escape. The fire-escape is considered the least desirable method.
Such additional means of egress are required to be remote from
the main stairs and to be separated from it and from the other parts
of the building by fireproof walls, with fireproof self-closing doors
at all openings, and to be so located that no room shall be more
than 40 feet away from a means of egress. Similar provisions are
made with regard to tenement houses except that, of course, in
this class of building the egress is required to be direct from each
apartment or flat instead of from a public hall.
SOME UNIQUE FEATURES
Hotels and lodging houses for both men and women, espe-
cially for women, present some novel features which the writer
believes will become the accepted type for buildings of this kind.
The type of building itself, a city hotel for working men and work-
ing women, is a new type and there has been comparatively little
experience on which to base conclusions. What experience there
has been, however, has been freely availed of. Some of the inter-
356
STANDARDS OF THE FEDERAL GOVERNMENT
esting features of the women's lodging house and hotel which
may be cited are the following:
First, the suggestion that a girl's lodging house or hote^shpuld
provide accommodations for not less than 75 girls; that it is
uneconomic to house less, and that similarly it should not contain
more than 150 girls, as it has been found with more than that
number the difficulties in management and supervision are too
great. The same considerations do not apply in the case of men.
The providing of so-called "beau parlors" in the women's
lodging houses or hotels where the girls can receive their men
callers under proper conditions and yet be under the observance at
least of the matron, without embarrassing the girl, is one of the
interesting and admirable features that have been worked out.
In addition, the arrangement is suggested that on the first
floor of such buildings there shall be provided a matron's office so
placed as to oversee the single entrance and the access to the sleep-
ing quarters. A kitchenette, a sitting room and a sewing'room are to
be provided on at least alternate room floors so as to give the girls a
chance to make candy and to cook up such midnight messes as are
dear to the heart of youth. The opportunity also to sit and do
their mending without having to go down stairs is an important
one. Similarly, provision is made for a room, preferably in the
basement, where the girls can wash their clothes.
The hotel type corresponds very closely to the lodging house
type except that in addition it is required to have a dining room
and cafeteria with the necessary pantry, service rooms and kitchen.
One interesting detail that differentiates the women's lodging
house from the men's is the requirement that in the women's
general lavatory on each floor there shall be partitions between
washbasins extending up five feet from the floor so as to give
privacy. This is not found necessary with the men. Similarly,
with the men, showers are provided, but for the women these are
required to be body showers.
The Standards contain so many interesting details that we
print them in full.
357
A MODEL HOUSING LAW
DEPARTMENT OF LABOR, BUREAU OF INDUSTRIAL HOUSING AND
TRANSPORTATION
STANDARDS RECOMMENDED FOR PERMANENT INDUSTRIAL HOUSING
DEVELOPMENTS
March, 1918
ACKNOWLEDGMENT
The following standards for permanent buildings to be con-
structed for the housing of industrial war workers were adopted by
the Bureau of Industrial Housing and Transportation of the De-
partment of Labor, in consultation with Mr. Lawrence Veiller,
secretary National Housing Association, on March 7, 1918. The
original draft was prepared by Mr. Veiller. It was discussed and
modified in a series of conferences in the course of which the follow-
ing persons took part and offered helpful suggestions:
Grosvenor Atterbury, architect, member of the Committee
on War-time Housing of the National Housing Association.
Alexander Bing, secretary of the Housing Committee of the
Emergency Fleet Corporation.
Charles B. Ball, chief sanitary inspector, Chicago.
Owen Brainard, architect and engineer.
Arthur C. Comey, landscape architect.
Francis Dykes, real estate department, Bethlehem Steel Co.
Otto M. Eidlitz, civil engineer and builder.
James Ford, professor of social ethics, Harvard University.
Philip Hiss, architect, chairman Section on Housing, Com-
mittee on Labor, Council of National Defense.
John Ihlder, housing investigator.
Harlean James, executive secretary Section on Housing,
Committee on Labor, Council of National Defense.
Walter H. Kilham, architect.
Robert D. Kohn, architect, member of the Housing Commit-
tee of the Emergency Fleet Corporation.
Joseph D. Leland, 3d, architect.
358
STANDARDS OF THE FEDERAL GOVERNMENT
Perry R. MacNeille, consulting architect to the Emergency
Fleet Corporation.
Horace B. Mann, architect.
Marcia Mead, architect.
John Nolen, landscape architect, member of the Committee
on War-time Housing of the National Housing Association; mem-
ber of the Housing Committee of the Emergency Fleet Corporation.
Frederick Law Olmsted, landscape architect, member of the
Committee on Emergency Construction, Council of National
Defense.
E. L. Palmer, jr., architect. .
William C. Post, architect.
Lincoln Rogers, Bureau of Yards and Docks, United States
Navy.
I. N. Phelps Stokes, architect.
Lawrence Veiller, secretary National Housing Association;
member of the' Committee on War-time Housing of the National
Housing Association.
George S. Welsh, architect.
359
A MODEL HOUSING LAW
HOUSING STANDARDS FOR PERMANENT CON-
STRUCTION
These standards are not intended as inflexible requirements,
but any plans which fail to conform to them are not likely to be
accepted unless supported by very strong reasons. Local building
codes, housing laws, and similar ordinances are to be followed:
Provided, however, That in case such local regulations permit or re-
quire anything not permitted by these standards the express ap-
proval of this bureau is to be obtained before departing from the
standards as here outlined.
TYPE.S OF HOUSES
(Principal types only)
Type i . Single-family house.
Type 2. Two-family house.
Type 3. Single-family house with rooms for lodgers or
boarders.
Type 4. Lodging house for men.
Type 5. Hotel for men.
Type 6. Lodging house for women.
Type 7. Hotel for women.
Type 8. Tenement house.
Type 9. Boarding house.
I. GENERAL PROVISIONS
All types of houses to conform to these general provisions and, in addition, to
certain special provisions as later indicated.
1 . ARRANGEMENT. — Row or group houses normally not to be
more than two rooms deep.
2. BASEMENTS. — No living quarters to be in basements.
3. CLOSETS. — Every bedroom to have a clothes closet, open-
ing from the room. Built-in wardrobe dressers will not be. accepted.
Normally such closet to be not less than 22 inches deep and with
door. Closets to be supplied with rods to take coat hangers.
4. COOKING. — Gas preferred, but flue for coal stove to be
360
STANDARDS OF THE FEDERAL GOVERNMENT
provided ; all flues to be lined. The question of whether or not cook-
stoves are to be provided with the house to be considered at the
time materials are being ordered.
5. FENCES. — Board fences will not be accepted. Hedges or
open metal fences desirable. Suitable arrangements for drying
clothes to be provided. Where there are open metal fences the
fence standards can be designed for this purpose.
6. FURNITURE SPACE. — Beds to be indicated to scale on plans
(double beds, 5 feet by 6 feet 6 inches; single beds, 3 feet by 6 feet
6 inches). Location of beds not to interfere with windows or doors.
It is recommended that beds be free standing and not located in a
corner or with the side against a wall. Space to be provided for
two pieces of furniture in addition to bed. Halls, stairs, and doors
to permit easy moving of furniture.
7. GARDENS. — Allotment gardens, conveniently accessible,
preferable to increasing the size of the lot to provide for individual
backyard vegetable gardens.
8. LIGHTING. — Electricity preferred.
9. MATERIALS OF EXTERIOR. — Materials dependent on local
supplies; brick, terra cotta, stone, or concrete preferred. Outer
walls to be insulated against dampness and condensation. Rat
nogging to be provided. Roof to be fire resisting; leaders and gut-
ters not essential unless drip will do harm.
10. OPEN SPACES. — Side-yard space between adjacent build-
ings to be preferably 20 feet; minimum, 16 feet; such space to be
increased proportionately for each additional story, or part of story,
above two stories. If this space is not obtainable because of lot
sizes or land values, houses should be built in rows or groups.
Rear-yard depth not to be less than height of building, nor in
any case less than 20 feet. Minimum distance between backs of
houses to be 50 feet. Consideration to be given as to whether sites
should be provided for garages. When not an integral part of the
house, garages should preferably be at the rear of the lot, should not
be located closer than 15 feet to the nearest part of house, and
should not exceed one story in height.
Front yards or set-backs desirable where practicable; mini-
mum distance from front of house to front of opposite house to be
50 feet.
A MODEL HOUSING LAW
Covered porches to be considered part of building.
1 1. PLUMBING. — House drain under house and 5 feet outside
to be extra heavy cast iron. Vitrified clay pipe, with proper joints,
may be used where ordinance permits. It is recommended that
soil and waste pipes be extra heavy cast iron or genuine wrought
iron. Soil and waste pipes to be extended through roof. A 3-inch
soil stack preferred where not more than two water-closets are
placed on one stack.
Water-closets to be porcelain and wash-down, siphon, or
siphon-jet type, with individual flush tank. Open-front seat rec-
ommended. Outdoor water-closets will not be accepted. Privies
will not be accepted. Cellar water-closets not permitted except
where supplementary to accommodations herein required.
Access to water-closet compartments to be from hall or vesti-
bule, never solely from a room. Plunger, pan, long-hopper, and
range closets will not be accepted.
Hot and cold water to be provided to all fixtures, with proper
drains and shut-ofTs. Wooden sinks and wash trays will not be
accepted.
All fixtures to be separately trapped except in batteries of
wash trays and combined sink and wash tray, where one trap is
sufficient.
Venting of traps to conform to approved practice, except that
the back venting of the top or only fixture on a line is not required.
Sink and lavatory traps to be connected direct to the vertical
wastes, and not to floor branches. Exposed pipes preferred, and,
when exposed, wrought iron preferred. Where possible, lines to be
concentrated and kept from outside walls.
12. PORCHES. — Desirable. To be of durable- construction,
particularly the foundations; to be restricted from encroaching on
minimum side yard or unduly darkening rooms.
13. REAR ENTRANCES. — In the case of row or group houses
there may be access to the rear through minor one-way public
streets. Such streets to be not less than 12 feet wide; to be prop-
erly paved, curbed, drained, and lighted. Private alleys will not be
accepted.
14. ROOF AIR SPACE. — In every house there shall be a mini-
mum clear space of 8 inches between the ceiling and the roof; this
362
STANDARDS OF THE FEDERAL GOVERNMENT
space to be provided with adequate waterproof openings for venti-
lation, at both ends if practicable.
15. ROOMS, NUMBER OF. — Bathrooms are not to be counted
as rooms.
1 6. STAIRS. — Risers to be not more than 8 inches high and
treads to be not less than 9 inches wide. Winding stairs will not be
accepted except in types i, 2, and 3. Not more than 2 winders will
be allowed in series. Treads must measure at least 9 inches wide
1 8 inches from rail.
17. VENTILATION. — Every room to have at least one window
opening directly to the outer air. Two windows in each room gen-
erally preferred; one window sufficient in small bedrooms. Each
room to have a window area of not less than 12 square feet.
Cross ventilation as direct as possible to be provided for all
rooms through windows, transoms, or doors; communicating door
recommended between front and rear bedrooms in row houses.
Every bathroom to have window of not less than 6 square,
feet in area opening directly to the outer air.
Every water-closet compartment to have a window of not less
than 4^/2 square feet in area opening directly to the outer air. A
skylight in the roof, with an equal amount of glass area and pro-
vided with adequate ventilators, will be accepted in lieu of such
window, but skylights are not desirable.
1 8. WINDOWS. — Minimum area to be measured between stop
beads. Window head to be as near ceiling as practicable. Win-
dows may be double-hung, pivoted, or casement. If double-hung,
upper and lower sash to be the same size. In cities with soft-coal
smoke nuisance, minimum area to be increased.
Window frames to be designed to accommodate screens and
outside shutters. In cold climates, weather strips are recommended.
II. SPECIAL PROVISIONS FOR TYPES i, 2, AND 3
In addition to complying with all general provisions, types i, 2, and 3 are to comply
with the following special provisions.
Type i . Single-family house.
Type 2. Two-family house. (" Two-flatter," one family up-
stairs, one down. For " double house," see "single-family house,
semidetached.")
363
A MODEL HOUSING LAW
Type 3. Single-family house with rooms for not more than
three lodgers or boarders.
1 . ARRANGEMENT. — Types i and 3 not to be over 2>^ stories
high. Type 2 not to be over 2 stories high.
When detached or semidetached, types i , 2, and 3 normally
not to be over 3 rooms deep; when in rows or groups, not to be
over 2 rooms deep except that the end house of row may be 3 rooms
deep.
2. CELLAR. — To be well lighted, cross ventilated, dry, and
paved or cemented. Minimum clear height under joists, 6 feet
6 inches. When hot-air furnaces are used, minimum height 7 feet.
Cellar not essential under whole house. Where climatic or soil
conditions make cellar inadvisable it may be omitted, in which case
adequate provision is to be made for storing fuel. Where cellar is
omitted, house to be set up on masonry piers or walls 2 feet clear
from ground; space to be drained, inclosed, and ventilated.
3. GROUPING. — Single-family houses of the more expensive
type preferably to be detached houses, but may be semidetached
or even attached in rows or groups. In other cases where land
values permit, detached or semidetached are desirable; otherwise
attached in rows or groups.
4. HEATING. — Provision to be made for heating houses. If
not otherwise heated, bathroom to be heated from kitchen stove.
5. MATERIALS OF EXTERIOR. — Brick, terra cotta, stone, or
concrete preferred; but wood frame clapboarded, shingled, or
stuccoed permitted for detached or semidetached houses not over
2^2 stories high. Party walls to be of brick, terra cotta, stone, or
concrete.
6. PLUMBING. — Bathtub (shower is not sufficient).
Lavatory, to be preferably in bathroom.
Sink to be in kitchen; rim 36 inches above floor.
Washtubs with covers, preferably two, rim 36 inches above
floor, to be set in kitchen or in well-lighted, dry, and ventilated
cellar.
Water-closet to be inside the house in well-lighted and venti-
lated compartment, with window of 4^ square feet minimum area
to outer air, and preferably with impervious floor not of concrete.
7. ROOMS, HEIGHT OF. — Minimum, 8 feet.
364
STANDARDS OF THE FEDERAL GOVERNMENT
Sloping ceilings and " knee walls" will be accepted only under
the following conditions: Roof space above flat portion of ceiling
to be of ample size and adequately ventilated; spaces between
rafters of sloping portion to be adequately ventilated into roof
space; bedroom to have greater window area and better cross ven-
tilation than the minimum permissible for a standard flat-ceiling
room ; bedroom to have a minimum height of 8 feet over an area of
at least 40 square feet with a minimum flat-ceiling width of 3^ feet,
and a clear height of not less than 6 feet over an area of at
least 80 square feet with a minimum width of 7 feet.
8. ROOMS IN ATTIC. — As a rule, in 2>^-story houses, only one
bedroom to be provided in the' attic.
9. ROOMS, NUMBER AND USE OF. — In types i and 2: For
higher-paid workers, five-room type preferred, with parlor, large
kitchen, 3 bedrooms, and bathroom. Dining room and kitchenette
may be provided in place of the large kitchen. Four-room type to
be provided sparingly for higher-paid workers. Six-room type,
with 4 bedrooms, or 3 bedrooms and parlor convertible into fourth
bedroom, suited for abnormally large families only, and should be
provided sparingly. Six-room type should normally have parlor,
dining room, kitchen, 3 bedrooms, and bathroom.
For lower-paid workers, four-room type desirable, with
parlor, kitchen, 2 bedrooms, and bathroom.
Any house having more than seven rooms to be treated as
type 3.
In type 3, in addition to family quarters indicated above,
single rooms for lodgers to 'be provided. In addition to the family
water-closet accommodations, a water-closet compartment con-
taining lavatory to be provided for the sole use of the lodgers.
Lodgers to have access to their bedr6oms and to their water-closet
compartment without going through rooms designed for use of
family.
10. ROOMS, SIZE OF. — One large bedroom to be provided, size
10 by 12 to 12 by 14 feet.
Small bedrooms, minimum area, 80 square feet; minimum,
width, 7 feet.
Parlor, 10 by 12 to 12 by 14 feet.
Dining room, 9 by 12 to 12 by 14 feet.
365
A MODEL HOUSING LAW
Kitchen (where there is no separate dining room), 10 by 12
to 12 by 14 feet.
Kitchenette (only where there is a separate dining room),
minimum width, 6 feet; minimum area, 70 square feet.
III. SPECIAL PROVISIONS FOR TYPES 4 AND 5
In addition to complying with all general provisions, types 4 and 5 must comply
with the following special provisions.
Type 4. Lodging house for men.
Type 5. Hotel for men.
1. ARRANGEMENT. — Provision to be made for 75 men or
more. Height limited to 4 stories' except in large cities.
2. CELLAR. — Minimum height, 7 feet; to be well lighted,
cross ventilated, dry, and paved or cemented. Cellar not essential
under whole building. Where omitted, building. to be set up on
masonry piers or walls 2 feet clear from ground; space to be
drained, inclosed, and ventilated.
3. FIRE PROTECTION. — If over 4 stories high, to be fireproof
throughout. If over 3 stories high, first-floor construction to be
fireproof.
If over 2 stories high, a nonfireproof building the area of
which exceeds approximately 3,000 square feet to be divided by
fire walls of brick, terra cotta, stone, or concrete into areas not ex-
ceeding approximately 3,000 square feet each. All openings in
such walls to be provided with fireproof self-closing doors.
Adequate means of egress to be provided to street or yard by
an additional flight of stairs, or by fire tower or stair fire escape
(fire escape less desirable). All such additional means of egress to
be remote from the main stairs and separated therefrom and from
the other parts of the building* by walls of brick, terra cotta, stone,
or concrete, with fireproof self-closing doors at all openings. Such
additional means of egress to be so located that no room shall be
more than 40 feet from a means of egress. All main egress doors
to swing out.
All stairs and stair halls to be not less than 3 feet wide in the
clear and to be inclosed in walls of brick, terra cotta, stone, or con-
crete, with fireproof self-closing doors at all openings. All doors to
stair halls to swing into stair hall without obstructing free passage.
366
STANDARDS OF THE FEDERAL GOVERNMENT
Dumb-waiters and elevators will not be accepted in stair
inclosure; they should be inclosed in fireproof shafts with fireproof
doors, those for dumb-waiters to be self-closing. I nside cellar-stairs
to be inclosed with walls of brick, terra cotta, stone, or concrete,
with self-closing fireproof doors. Standpipes with hose reels on
each floor to be so located that any point can be reached with 75
feet of hose.
4. HEATING. — Except where connected with a central plant,
provision to be made for independent heating.
5. MATERIALS OF EXTERIOR. — To be brick, terra cotta, stone,
or concrete, except that wood frame will be accepted for one-
story buildings.
6. PLUMBING. — Minimum provision: One water-closet per
12 men; one urinal per 16 men; one lavatory per 8 men; one
shower per 10 men; one bathtub per floor, provided there is not
less than one per 50 men. Ratio to be increased where there are
less than 50 men per floor. Floor and base of toilet rooms to be
waterproof not of concrete. Sufficient water-closets to be pro-
vided in the cellar or basement for the accommodation of engineers,
firemen, and laundry workers.
7. ROOMS, H EIGHT OF. — Height for public rooms, 9 to 1 2 feet ;
minimum for bedrooms, 8 feet.
8. ROOMS, NUMBER AND USE OF. — Each lodger to have sepa-
rate room. Two-men rooms not permitted. (Cubicles and dwarf
partitions will not be accepted.)
Each floor to have a general bathroom containing required
showers, tub, and lavatories. Each floor also to have a general
toilet room containing required water-closets and urinals. Each of
the two rooms to have windows opening directly to the outer, air,
and to be separate but adjoining and communicating. Service
closets with slop sinks and space for brooms and pails to be pro-
vided on each floor.
Smoking room, reading room, billiard room, physician's
room, laundry for washing clothes, superintendent's office and ade-
quate quarters for superintendent to be provided. Unless pro-
vided elsewhere in the community, bowling alleys to be in base-
ment.
Hotel (type 5) also to have dining room and cafeteria with
367
A MODEL HOUSING LAW
outside access thereto, and with pantry, service rooms, kitchen,
and toilet facilities for men and women employees. An additional
general toilet room is to be provided conveniently accessible.
9. ROOMS, SIZE OF. — Single bedrooms to have a minimum
area of 70 square feet and minimum width of 7 feet.
10. VENTILATION. — Bedroom doors preferably to be placed
opposite each other and to have transoms or slat panels.
1 1 . WINDOWS. — One window in each room to have minimum
area of 12 square feet between stop beads.
IV. SPECIAL PROVISIONS FOR TYPES 6 AND 7
In addition to complying with all general provisions, types 6 and 7 must comply
with the following special provisions.
Type 6. Lodging house for women.
Type 7. Hotel for women.
1. ARRANGEMENT. — Provision to be made for 75 to 150
women (with less than 75 the unit is not economical; with more
than 150 there are difficulties in management and supervision).
Height limited to 4 stories, except in large cities.
2. CELLAR. — Minimum height, 7 feet; to be well lighted,
cross ventilated, dry, and paved or cemented. Cellar not essential
under whole building. Where omitted, building to be set up on
masonry piers or walls 2 feet clear from ground; space to be
drained, inclosed, and ventilated.
3. FIRE PROTECTION. — If over 4 stories high, to be fireproof
throughout. If over 3 stories high, first-floor construction to be
fireproof.
If over 2 stories high, a nonfireproof building the area of which
exceeds approximately 3,000 square feet to be divided by fire walls
of brick, terra cotta, stone, or concrete into areas not exceeding
approximately 3,000 square feet. All openings in such walls to be
provided with fireproof self-closing doors. Adequate means of
egress to be provided to street or yard by an additional -flight of
stairs, or by fire tower or stair fire escape (fire escape less desirable).
All such additional means of egress to be remote from the main
stairs and separated therefrom and from other parts of the building
by walls of brick, terra cotta, stone, or concrete, with fireproof self-
closing doors at all openings. Such additional means of egress to
368
STANDARDS OF THE FEDERAL GOVERNMENT
be so located that no room shall be more than 40 feet from a means
of egress. All main egress doors to swing out.
All stairs and stair halls to be not less than 3 feet wide in the
clear and to be inclosed in walls of brick, terra cotta, stone, or con-
crete, with fireproof self-closing doors at all openings. All doors to
stair halls to swing into stair hall without obstructing free passage.
Dumb-waiters and elevators will not be accepted in stair
inclosure; they should be inclosed in fireproof shafts with fireproof
doors, those for dumb-waiters to be self-closing. Inside cellar stairs
to be inclosed with walls of brick, terra cotta, stone, or concrete,
with self-closing fireproof doors. Standpipes with hose reels on
each floor to be so located that any point can be reached with 75
feet of hose.
4. HEATING. — Except where connected with a central heating
plant, provision to be made for independent heating.
5. MATERIALS FOR EXTERIOR. — To be of brick, terra cotta,
stone, or concrete, except that wood frame will be accepted for one-
story buildings.
6. PLUMBING. — Minimum provision: One water-closet per
10 women, one lavatory per 6 women, one body shower per 10
women, one bathtub per 25 women. Ratio to be increased where
there are less than 50 women per floor. Floor and base of toilet
rooms waterproof, not of concrete. Dwarf partitions between lava-
tories to extend at least 6 feet above the floor and have curtains.
Sufficient water-closets to be provided in the cellar or basement
for the accommodation of engineers, firemen, and laundry workers.
7. ROOMS, HEIGHT OF. — Height for public rooms, 9 to 12
feet; minimum for bedrooms, 8 feet.
8. ROOMS, NUMBER AND USE OF. — Each lodger to have sepa-
rate room. (Cubicles and dwarf partitions will not be accepted.)
Rooms for two women not permitted. Each floor to have a gen-
eral bathroom containing required body showers, tub, and lava-
tories. Each floor also to have a general toilet room containing re-
quired water-closets. Each of these two rooms to have windows
opening directly to the outer air, and to be separate, but adjoining
and communicating. Service closet, with slop sink and space for
brooms and pails to be provided on each floor.
First floor to have matron's office so placed as to oversee the
24 369
A MODEL HOUSING LAW
single entrance and access to sleeping quarters; to have reception
parlors or alcoves (one for every 20 women), or large parlor with
furniture arranged for privacy in conversation; also assembly hall
with movable partitions and set stage.
Kitchenette, sitting room, and sewing room to be provided on
at least alternate room floors. Matron's quarters, physician's
room, and infirmary, laundry in which lodgers can wash their
clothes, and trunk room to be provided.
Hotel (type 7) also to have dining room and cafeteria, with
outside access thereto, with pantry, service rooms, kitchen, and
toilet facilities for employees. An additional toilet room is to be
provided conveniently accessible.
9. ROOMS, SIZE OF. — Single bedrooms to have a minimum
area of 70 square feet and minimum width of 7 feet.
10. VENTILATION. — Bedroom doors preferably to be placed
opposite each other, and to have transoms or slat panels.
1 1. WINDOWS. — One window in each room to have minimum
area of 12 square feet between stop-beads.
V. SPECIAL PROVISIONS FOR TYPE 8
Type 8. Tenement house (including flats, or apartments), a
building occupied in whole or in part by three or more families.
Tenement and apartment houses are considered generally un-
desirable and will be accepted only in cities where, because of high
land values, it is clearly demonstrated that single and two-family
houses can not be economically provided, or where there is in-
sistent local demand for this type of multiple housing. In any case,
they will be accepted only where the Bureau of Industrial Housing
and Transportation is convinced that local conditions require or
justify their use. They must conform in general to local building
ordinances, to the general provisions of these standards, and to
other special provisions to be issued by the Bureau of Industrial
Housing and Transportation.
VI. SPECIAL PROVISIONS FOR TYPE 9
In addition to complying with all general provisions, buildings of type 9 must
comply with the following special provisions.
Type 9. Boarding house. Where more than 3 and less than-
25 rooms for lodgers are provided, building to be classed as board-
370
STANDARDS OF THE FEDERAL GOVERNMENT
ing house. If 3 lodgers or less, building to be classed as type 3;
if 25 or more, to be classed as type 4, 5, 6, or 7.
1 . ACCESS. — Lodgers to have access to their bedrooms-and to
their water-closet compartments and bathrooms without going
through rooms designed for use of family. Separate outside en-
trance for lodgers recommended.
2. ARRANGEMENT. — Not to be over 3 stories high. Not to
be over 2 rooms deep, except that the end house of rows may be
3 rooms deep.
3. CELLAR. — To be well lighted, cross ventilated, dry, and
paved or cemented. Minimum clear height under joists, 7 feet.
Cellar not essential under whole house; where omitted, house to be
set up on masonry piers or walls 2 feet clear from ground; space to
be drained, inclosed, and ventilated.
4. FIRE PROTECTION. — If frame, not to be over 2 stories high.
If over 2 stories high, adequate means of egress to be provided to
street or yard by an additional flight of stairs, or by fire tower or
stair fire escape (fire escape least desirable). All such additional
means of egress to be remote from the main stairs and separated
therefrom and from the other parts of the building by walls of
brick, terra cotta, stone, or concrete, with fireproof self-closing
doors at all openings. Such additional means of egress to be so
located that no room shall be more than 40 feet from a means of
egress.
All stairs and stair halls to be not less than 3 feet wide in the
clear and to be inclosed in walls of brick, terra cotta, stone, or con-
crete, with fireproof self-closing doors at all openings.
Dumb-waiters and elevators will not be accepted in stair in-
closure; they should be inclosed in fireproof shafts with fireproof
doors, those for dumb-waiters to be self-closing.
5. HEATING. — Except where connected with a central plant,
provision to be made for independent heating.
6. MATERIALS OF WALLS. — Brick, terra cotta, stone, or con-
crete preferred, but wood frame clapboarded, shingled, or stuccoed
permitted for detached or semidetached houses not over 2 stories
high.
7. PLUMBING. — Family living quarters to have:
Bathtub (shower is not sufficient).
A MODEL HOUSING LAW
Lavatory, to be preferably in bathroom.
Sink to be in kitchen; rim 36 inches above floor.
Washtubs with covers, preferably two, rim 36 inches above
floor, to be set in kitchen or in well-lighted, dry, and ventilated cellar.
Water-closet to be inside the house in well lighted and venti-
lated compartment, with window of 4^ square feet minimum area
to outer air, and preferably with impervious floor not of concrete.
In addition to above, a water-closet compartment containing
lavatory to be provided for the sole use of the lodgers. Floor and
base of toilet rooms to be waterproof, not of concrete.
The following minimum provisions to be made:
For men, i bathtub per 24 lodgers, i water-closet, and i lava-
tory per 8 lodgers, i shower per 10 lodgers; for women, i bathtub
per 1 6 lodgers, i body shower per 10 lodgers, i lavatory per 5
lodgers, i water-closet per 8. lodgers. Dwarf partitions between
lavatories for women to extend at least 6 feet above the floor and
have curtains.
8. ROOMS, HEIGHT OF. — Minimum, 8 feet.
9. ROOMS IN ATTIC. — No lodgers' rooms in attic accepted.
10. ROOMS, NUMBER AND USE OF. — Each lodger to have sep-
arate room. Rooms for two lodgers not permitted. (Cubicles and
dwarf partitions will not be accepted.) Building to contain more
than 3 and less than 25 rooms for lodgers. In addition to living
quarters for one family, lodgers' bathrooms and toilet rooms con-
taining showers, tubs, lavatories, and water-closets to be provided;
preferably, bathroom containing showers, tub, and lavatories to be
separate but adjoining and communicating with water-closet com-
partment. One of each such rooms preferably on each floor. Each
of these two rooms to have windows opening directly to the outer
air. Lodgers to have a common room, also dining room; the latter
to be located near family kitchen; the common room to be con-
veniently accessible from the outside.
1 1 . ROOMS, SIZE OF. — Single bedrooms for lodgers to have a
minimum area of 70 square feet and minimum width of 7 feet.
Size of common room and dining room each to be proportionate to
the number of boarders.
12. VENTILATION. — Bedroom doors preferably to be placed
opposite each other and to have transoms or slat panels.
372
vnr
ZONING
ZONING
THE earlier edition of this book contained a section provid-
ing for the establishment of residence districts in a commu-
nity by a simple method through which the majority of the
property owners in the district affected, petitioned the local
authorities for the establishment of such a district.
Since the first edition was published in 1914 much has hap-
pened in America in the progress of the movement for the Zoning
or Districting of cities. Until a few years ago some lawyers be-
lieved that the courts would not sustain laws which imposed dif-
ferent requirements as to height and use of buildings and size of
open spaces in different parts of the same city; for, this is in
essence what Zoning does. With the decision of the United States
Supreme Court in the famous Hadacheck case (239 U. S. 394) the
whole question has been put on a different basis. There is now no
shadow of doubt as to the legal validity of laws of this kind; for,
the Court of last resort has affirmed in unmistakable terms the
propriety of such legislation as a legitimate exercise of the police
power of the State.
Since the enactment of the New York City Law in 1916, the
states of California, Illinois, Iowa, New Jersey and New York
have passed general laws permitting their cities to adopt Zoning
schemes, and Oakland and Fresno in California, Philadelphia, Mil-
waukee, Newark, Jersey City, Rochester, N. Y., Niagara Falls,
Detroit, Omaha, and St. Louis have appointed Commissions to
work out such plans.
The following cities have either adopted Zoning Regulations
or are at work upon them: Berkeley, Los Angeles, Milwaukee,
Minneapolis, Newark, New York, Omaha, Ottawa, Philadelphia,
Sacramento, St. Louis, and Washington, D. C.
It is thus seen that a number of cities and states have adopted
375
A MODEL HOUSING LAW
Zoning ordinances. Under these, the cities have been divided in
some cases into very minute districts in which different regulations
exist as to the heights of buildings and their use, viz., whether for
residence purposes or factory purposes or for business purposes,
etc. ; in some cases also as to size of open spaces and percentage of
lot that may be occupied.
Such ordinances when adopted have invariably been only as
a result of careful and minute painstaking inquiry through a year
or more by a local Commission which has gone into the question of
local values with the very greatest care; for, naturally in setting
boundaries of this kind and forbidding the use of property for cer-
tain purposes outside of such boundaries it is essential that the
boundaries should be fixed only upon the most accurate knowledge
of conditions and tendencies.
For these reasons with the general coming into vogue of
Zoning laws, it has seemed better to omit from the text of the
Model Housing Law in this edition the section for the establishment
of residence districts.
It may be, however, that there are some communities which,
though not yet ready for a complete Zoning law, would be greatly
advantaged by the power to establish Residential Districts. For
the benefit of these communities it has been thought wise to append
to this chapter the provisions for the establishment of Residential
Districts (Section 9, Model Law — ist edition). It is suggested
that this be added to the Model Law as Section 1 1 and change the
numbers of Section 1 1 and 12 to 12 and 13. It is as follows:
§n. RESIDENCE DISTRICTS. l Whenever the owners of
record of two thirds or more of the linear frontage of one
side2 or street-frontage of any block shall by written peti-
tion to the common council duly signed and acknowledged,
ask that such side or street-frontage of said block be desig-
nated as a "residence district," and the common council
shall approve of such petition, such side or street-frontage
of said block shall thereupon become a "residence dis-
trict," and shall continue to be such until such time as a
like petition asking that such side or street-frontage of
said block cease to be a "residence district" shall be pre-
ZONING
sented to the common council and be approved by them.
Except as otherwise provided in section thirty, no build-
ing other than a private-dwelling or two-family dwelling3
shall hereafter be erected or altered or converted to be so
occupied on any lot abutting on such street-frontage so
long as it continues to be a "residence district." Such
written consents shall be filed in the health department
and shall be public records. A "block" for the purposes
of this section is a property division containing one or
many lots and bounded by three or more streets.5
NOTE i : This is somewhat novel in American Explana-
practice. It is an attempt to protect residence dis-
tricts from the invasion of commercial and other
non-residence uses. The novel feature is that it is
done by statute rather than by covenant. It is an
attempt, therefore, to apply to America the European
practice of establishing by regulation various dis-
tricts or zones for different purposes, which is so
vital a feature of most intelligent schemes of city
planning. The plan which has been developed is
believed to be especially applicable to American con-
ditions. Its chief points are:
1. The request for restriction of use arises with
the owners of the major part (two-thirds) of the
property affected by the restriction.
2. It provides for a hearing before the local legis-
lative body, thus giving every citizen his day in
court, and requires the approval of the local authori-
ties before the scheme becomes effective.
3. It provides a flexible scheme by which the re-
strictions can be removed at any time by the same
method under which they were originally established.
4. It makes the unit one side of a block thus limit-
ing the area of "betterment" or depreciation to reas-
onable limits.
5. It does not stand in the way of the commercial
development of the city or even of a neighborhood in
view of the smallness of the unit adopted. It permits
business on one side of a street, residences on the other.
6. It excludes from within a residence district those
classes of buildings which can be readily shown to be
objectionable to the occupants of a residence district
and to affect adversely property values.
377
A MODEL HOUSING LAW
NOTE 2: The diagram below shows how the plan
would work out.
Taking the block A B C D, let us assume that three
sides AB, BC and CD are established as "residence
districts"; the remaining side AD, located on an
avenue where business has already got a strong foot-
hold and where business buildings are the only prac-
tical development, is not made a residence district.
NOTE 3: It is to be noted that under this section
everything is excluded from a residence district ex-
cept private dwellings and two-family houses and
certain rear buildings on the back of the lot used in
connection with them, as private garages, stables, and
so forth. (See Section 30.) But no public garage or
public stable, no apartment house or tenement house,
no factory, loft, office building, store or shop, hotel or
church can be erected there without the consent of
two-thirds of the owners affected.
MAIN ST.
F
P
u
A
Bu
SIN
ES^
D
1
B
C
POPLAR
£ESI PENCE PISTRICT
FIGURE 76
r
There is a point of danger that provisions of Zoning laws may
establish lower standards as to percentage of lot that may be
occupied, as to limitation of height and as to size of courts, rear
yards, side yards and other open spaces; for, zoning laws fre-
quently deal with these latter considerations. For this reason
Section 1 58 dealing with Laws Repealed has been so worded that
where there is conflict between the standards of the housing law
and a Zoning regulation, the higher standard shall always prevail.
ZONING
In some cases it may well be that the higher standard will be
found in the Zoning regulation, whereas, in other cases it will be
found in the housing law. Under the scheme outlined in Section
1 58 no matter where it is found, the higher standard will always
prevail.
In most states before the local authorities can adopt a Zoning
ordinance or regulation it is necessary to obtain power from the
state legislature. While it may be in some states that a specific
grant of power of this kind is not needed, it is the part of wisdom
to obtain it; for, the right to adopt regulations discriminating be-
tween different sections of a city, and to say that a building on
one street may be used as a factory but that a building one block
away cannot be so used; or that a building on one street may be
erected to a height of 100 feet while one only a block away may
go only to a height of 60 feet, are still somewhat novel questions
in this country.
It is best to be on the safe side. It can do no harm to get a
grant of power to do this specific thing, viz., to discriminate and
provide different regulations for different parts of the same city.
For this reason there is appended herewith a Model Zoning Ena-
bling Act. It is practically a verbatim copy of the Enabling Act
passed in New York State in 1917 based upon the law enacted
originally for the city of New York and later extended to the
entire state.
Persons seeking Zoning legislation will do well to adhere
closely to this model. While it has not as yet been tested in court
it has been carefully drawn by those who have given great atten-
tion to the subject and is believed to be adequate in all respects.
379
A MODEL HOUSING LAW
ZONING ENABLING ACT
AN ACT
To empower cities to regulate and limit the height and use of
buildings and -to regulate and determine the size and area of
yards, courts and other open spaces and for said purpose to
divide the city into districts.
The People of the State of represented in
Senate and Assembly, do enact as follows:
Section i . Each city i-n the state is hereby empowered to reg-
ulate and limit the height and bulk of buildings hereafter erected
and to regulate and determine the area of yards, courts and other
open spaces, and for said purpose to divide the city into districts.
Such regulations shall be uniform for each class of buildings
throughout any district, but the regulations in one or more dis-
tricts may differ from those in other districts. Such regulations
shall be designed to secure safety from fire and other dangers and
to promote the public health and welfare, including, so far as con-
ditions may permit, provision for adequate light, air and conveni-
ence of access, and shall be made with reasonable regard to the
character of buildings erected in each district, the value of land and
the use to which it may be put, to the end that such regulations
may promote public health, safety and welfare and the most
desirable use for which the land of each district may be adapted
and may tend to conserve the value of buildings and enhance the
value of land throughout the city.
Section 2. Each city is also empowered to regulate and re-
strict the location of trades and industries and the location of
buildings, designed for specified uses, and for said purposes to
divide the city into districts and to prescribe for each such district
the trades and industries that shall be excluded or subjected to spe-
cial regulation and the uses for which buildings may not be erected
or altered. Such regulations shall be designed to promote the pub-
380
ZONING
lie health, safety and general welfare and shall be made with rea-
sonable consideration, among other things, to the character of the
district, its peculiar suitability for particular uses, the conservation
of property values and the direction of building development, in
accord with a well considered plan.
Section 3. This act shall take effect immediately.
381
INDEX
INDEX
SECTION PAGE
ABATEMENT
of nuisance, procedure for -194, 196, 229 234, 236, 271
ACCESS
sole, through bed room to other rooms
forbidden 36 145
street to yard 57 193
to bottom of shafts and courts 126 258
to fire-escapes, obstruction of, for-
bidden 52, 80, 127 184, 206, 258
to living rooms, bed rooms, and water-
closet compartments 36 145
to plumbing pipes 49, 78 173, 205
to roof required 53, 129 187, 260
to second means of egress to be direct 5 i, 127 179, 258
ACCESSIBILITY
of sewer connections and water sup-
ply 9 65, 66
ACCOMMODATIONS
See Waier-closet Accommodations
ACCUMULATIONS
of dirt, etc., forbidden 101 220
ACT
• application 12 68
construction of, to be liberal 1 59 287
scope of i 27
time when., takes effect 1 59 286
See also Housing Law, Model
ACTIONS
costs of 143, 144 269, 27 1
ADDITIONAL MEANS OF EGRESS 128 260
ADDITIONAL ROOMS AND HALLS 74 202
ADDRESSES
indexing names and 152 279
AFFIDAVIT
alleging correctness of plans, specifica-
tions and statements shall be made
by owner, agent or architect 140 263
AGENT
may file plans for owner 140 263
owner's, written instrument designating 140 263
registry of name of, for service of proc-
ess 149 277
25 385
INDEX
AIR-INTAKES
AIR MOVEMENT
AIR-SHAFTS
See Shafts
AIR SPACE
cubic air content
in rooms, amount required .
under entrance floor
ALCOVES AND ALCOVE ROOMS
lighting and ventilation of.
ALLEY DWELLINGS..
SECTION
•27, 73
31
no
76
76
29
ALLEYS
measurements of rear yard to middle line of .... 22
relation to rear yard requirements 22
to be kept clean 101
ALTERATION
of buildings erected prior to act, in
violation thereof, forbidden 4
of buildings into dwellings 3
of dwellings erected subsequent to act,
in violation thereof, forbidden 4
of dwellings for store purposes 29
of dwellings of one class to dwellings of
another class 3
of existing wooden multiple-dwelling 85
ALTERATIONS 70-86
and change in occupancy 4
before approval of plans forbidden 140
must be in accordance with approved
plans and specifications 140
of old dwellings 3
permit for, cancellation of 140
permit for, expiration by limitation of 140
permit necessary 140
provisions relating to 70-86
unlawful, procedure to prevent 144
AMENDMENT
of minimum requirements by local
authorities forbidden 7
AMENITIES
use of term 24
ANGLES IN COURTS
ANIMALS
keeping of certain, in dwelling or on
premises forbidden 106
APARTMENT HOTELS
included in Class A multiple-dwellings 2 (3)
APARTMENT HOUSES
height limitation 21
included in Class A multiple-dwellings 2 (3)
386
PAGE
121, 201
132, 134
134
229
1 62
141, 204
141, 204
128
83
220
60
57
60
127
57
207
200-208
60
263
263
7> 58, 59
263
263
200-208
27 1
62
94, no
124
22>
34
77,78
34
INDEX
SECTION PAGE
APARTMENTS
number of, to be registered in health
department 148 276
APPLICATION .
of model housing law i 27
APPROVAL
for alterations or construction, cancel-
lation of 140 263
for alterations or construction, expira-
tion by limitation of 140 263
of plans and specifications by health
officer 140 . 263
APPROVED FIRE-RESISTIVE MATERIAL
definition 2 (20) 54
AQUEDUCT
definition - 2 (21) 57
ARCHITECT
may file plans for owner 140 263
AREA
floor, of rooms 33, 74 136, 202
of windows in basement rooms 94 213
in interior rooms 120 240
in public halls 39, 75 1 56, 202
in rooms 32, 76, 120 135, 204, 240
in stair-halls 40, 75 1 57, 202
in water-closet compartments and
bath rooms 37, 76, 78 147, 204, 205
AREAS
to be concreted if required . . . 45 164
to be graded and drained 45 164
to be kept clean 101 220
ARGUMENTS
against act 293
ART GALLERIES
windows in rooms used for 31 132
ASHES
receptacles for 105 223
•
ASYLUMS
included in Class B multiple-dwellings 2 (3) 35
ATTIC
definition 2(13) 46
rooms, height of 34 1 39
AUTOMOBILE
See Garages
BACHELOR APARTMENTS
included in Class A multiple-dwellings 2 (3) 34
BALCONIES
fire-escape 52, 80, 127 184, 206, 258
387
INDEX
SECTION
.51, 127
PAGE
179, 258
BALCONY FIRE-ESCAPES
second means of egress . . .
BALUSTERS, STAIR
See Stairs, Construction of
BASE
waterproof, required for water-closet
compartments 47, 78, 124 166, 205, 246
BASEMENT
and cellar rooms 94 213
conditions of occupancy for living
purposes 43, 94 161, 213
definition . 2 (13) 46
depth of 44 162
drainage of 43, 44, 94, 125 161, 162, 213, 257
floors;to be watertight 44, 125 162, 257
height of 44, 94 "62, 213
lighting and ventilation of 43, 44, 94 161, 162, 213
rooms 43 1 6 1
windows in, area of 94 213
BASEMENT; CELLAR; ATTIC
definitions 2(13) 46
BASEMENTS AND CELLARS 125 257
BASINS
See Catch-basins
BATH ROOMS
inside, for apartment houses 37 1 50, 1 5 1
inside, for hotels . 37 148, 149, 150
lighting and ventilation of 37, 76 147, 204
BED ROOM
sole access to, through other rooms
forbidden 36 145
BEDS
ceiling 41 A 160
closet 41 A 160
folding 41 A 160
BINS
for garbage, prohibited 105 223
BLOCK
definition 377
BOARDERS
regulation of ..in 230-233
BOARDING HOUSES
included in Class B multiple-dwellings 2 (3) 34
wooden 85 208
BOLTS
movable, allowed on scuttles and bulk-
heads ; 129 261
BOND
not necessary for health department to
give.. 157 284
388
INDEX
SECTION PAGE
BOSTON
report of Mayor's housing commission 62 197
"three-deckers" in 62 196, 197
BUILDING
code, amendment of 11,12
difference between, and tenement
house law 1 1, 12, 13
scope of 11,12
construction of word 2 (20) 54
laws, three kinds of ' 1 1
line, fire-escapes may project beyond 52, 80 184, 206
operations, effect of act on 293
wooden, definition 2(18) 52
BUILDING CODES, TENEMENT HOUSE
LAWS AND HOUSING LAWS 1 1-16
BUILDINGS
converted or altered 3 57
converted or altered into dwellings,
provisions governing 20-62 71-196
converted or altered into dwellings,
subject to act relative to new dwell-
ings ...3 57
dangerous, proceedings relative to 1 12, 113 234, 236
on lot with dwelling, certain kinds pro-
hibited 29, 30 125, 126, 130
repairs to, ordered or made by health
officer 113 236
space between 29 125
types of, included in housing problem 13, 14, 1 5, 16
BULKHEADS 82 207
roof, direct access to, required 53, 129 187, 260
fire-resistive 53, 82, 129 187, 207, 260
key-locks on, to be removed 129 261
locking of door forbidden 115, 129 239, 261
movable bolts or hooks allowed on 129 261
stairs leading to 53, 54, 8 1, 115, 129 187, 189, 207, 239,
261
to be easily accessible to all occu-
pants 1 1 5, 1 29 239, 26 1
to be kept free from incumbrance 115, 129 239, 261
to be located in ceiling of public hall ... 53, 129 187, 261
BUSINESSES
dangerous 108 227
unlawful, procedure to prevent con-
duct of 144 271
BUTLER'S PANTRIES
hardwood floors in 122 246
CALF
keeping of, in dwellings or on premises
of multiple-dwellings prohibited 106 225
CASEMENT SASH 2 (12) 46
CATCH-BASINS 100 219
389
INDEX
SECTION PAGE
CEILINGS
cellar, plastering of 125 257
cellar, whitewashing or painting of 95 215
tieight of in tropical countries 34 139
no paper to be placed on, until old
paper is removed 104 222
roofs to be drained so as not to cause
dampness in 97 216
to be cleaned before papering 104 222
to be kalsomined or painted white 103 222
to be kept clean 101 220
CELLAR
ceiling, plastering of 125 257
ceiling, whitewashing or painting of 95 215
definition 2 (13) 46
depth of 44 162
elevator shaft in, fire-resistive doors to. ... 58, 84 193, 207
entrance to, outside 61 196
floors, damp-proofing and water-proof-
ing of 44, 125 162, 257
general toilet room in, supplementary
to required water-closets, not pro-
hibited 92 211
general water-closet accommodations
in, prohibited 92 211
lighting and ventilation of 44, 125 162, 257
occupation of, for living purposes pro-
hibited 42, 94 161, 213
rooms.. 42, 94, 125 161, 213, 257
stairs inside; prohibited 59 194
to be kept clean 101 220
walls and ceilings 95 215
walls, whitewashing or painting of 95 215
water-closets in, prohibited without
written permit 47, 78, 92 166, 205, 21 1
water-proofing of 44, 125 162, 257
CELLARS AND BASEMENTS 125 257
CELLARS, WATER-PROOFING AND LIGHT-
ING 44 162
CELLS OF JAIL
size of 33 136
CERTAIN DANGEROUS BUSINESSES 108 227
CERTIFICATE
of approval of plans and specifications
to be issued 140 263
CERTIFICATE OF COMPLIANCE 141 266
dwellings occupied without, to be va-
cated 142 268
to be obtained before occupation of
new or converted dwellings 141 266
390
INDEX
SECTION PAGE
CESSPOOLS
prohibited 48, 124 172, 246
sewer connections 9 65
substitution of water-closets for 124 246
CHANGES FROM FIRST EDITION vii-x
CHANGES IN THE LAW vii
CHARTER
construction of word 2 (20) 53
CHARTERS
provisions of act to supersede conflict-
ing provisions of 1 58 285
CHAUFFEUR'S QUARTERS 29 129
CHICAGO
definition of tenement house in '. . . 13
height limitation in 24, 50 94, 178, 179
CHICKENS
keeping of, in dwellings or on premises
of multiple-dwellings prohibited 106 225
CHILDREN
kitchenette apartments unsuitable for 33 138
CHUTES
for garbage, prohibited 105 223
CIRCUIT COURT
definition 144 273
CISTERNS
and wells 99 219
no opening in, for drawing water with
pails or buckets 99 219
size, number, construction and main-
tenance of, to be determined by
health officer 99 219
to be provided with attachment for
drawing water 99 219
CITIES HAVING HOUSING LAWS vi
CITY ENGINEER
powers conferred by act on, addi-
tional .- . . 1 54 282
CITY PLANNING MOVEMENT
effort in, necessary to reach ideal con-
ditions 21 80, 338, 339
CITY TREASURY
construction of wortis 2 (20) 53, 54
CITY WATER
definition of . 2 (20) 54, 56
CLASSES OF DWELLINGS 2 (2) 32
CLASSES OF MULTIPLE-DWELLINGS 2 (3) 34
CLASSIFICATION
of provisions of model housing law 21
391
INDEX
SECTION PAGE
CLEANLINESS OF DWELLINGS 101 220
CLOSET
under first story stairs 60 196
under stairs to upper stories forbidden 60 196
CLOSET UNDER FIRST STORY STAIRS 60 196
CLOSETS
See Waler-closets
CLUB HOUSES
included in Class B multiple-dwellings 2 (3) 34
COLUMBUS, OHIO
definition of tenement house in 13
COMBUSTIBLE MATERIALS 107 226
storage of, prohibited 107 226
COMMISSIONER OF PUBLIC SAFETY
construction of words 2 (20) 53, 54
powers conferred by act on, additional 154 282
right of entry given 1 56 283
COMPLIANCE
certificate of. See Certificate of Com-
pliance
time for, by owners of existing dwell-
ings ii 67
CONCESSIONS
explanation of, in model housing law 23
CONCRETING
of areas, courts and yards 45 164
CONDEMNATION
of infected and uninhabitable houses,
proceedings for 112, 113 234, 236
CONFLAGRATION HAZARD 24 94, no
CONSTRUCTION
before approval of plans, forbidden 140 263
dwellings 8 65
must be in accordance with approved
plans and specifications 140 263
permit for, cancellation of 140 263
permit for, expiration by. limitation 140 263
permit necessary 140 263
unlawful, procedure to prevent 144 27 1
CONSTRUCTION OF ACT TO BE LIBERAL 159 287
CONSTRUCTION OF CERTAIN WORDS 2 '(20) 53
CONTACT DISEASES
relation of, to lodger evil 1 1 1 231, 232
CONVENTS
included in Class B multiple-dwellings 2 (3) 34
CONVERSION
of building to dwelling-. 3 57
of dwellings of one to another class 3 57, 58, 59
392
INDEX
SECTION PAGE
CORNER AND INTERIOR LOTS 2 (8) 43
CORNER LOT
definition 2 (8) 43
relation to several buildings on lot 29 130
See also Lot
CORNICES .2 (16), 24 50, 51, 107
CORPORATION COUNSEL
construction of words 2 (20) 53, 54
COSTS
in actions or proceedings under this act. . 143, 144 269, 271
of workingmen's dwellings, reduction of 34 139
COTTON
storage of, forbidden 107 226
COURT
definition 2 (7) 41
inner, definition 2 (7) 41
outer, definition 2 (7) 41
COURTS 2 (7), 25 41, 1 13
access to bottom of 126 258
and shafts 126 258
angles in 28 1 24
changes in model housing law neces-
sary to prohibit 338
elimination of, by shallow lots 338
fire-escapes in, forbidden 52, 80 184, 206
inner, air-intakes for 27, 73 121, 201
inner, passageways for 27, 73 121, 201
method of measuring height 25 1 13
minimum size not to be decreased by
other buildings 29 125
new, in existing dwellings 73 201
open at top 26, 73 1 19, 201
size of 25, 73 113, 201
table showing minimum widths and
lengths for various heights of build-
ings 25 1 16
to be concreted if required 45 164
to be graded and drained 45 164
to be kept clean 101 220
walls of, to be whitewashed or painted 102 221
width of 295
width proportionate to height 25 113
COURTS, AREAS AND YARDS 21, 45 82, 164
Cow
keeping of, in dwelling or on premises
of multiple-dwellings prohibited 106 225
CUBIC FEET OF AIR REQUIRED 31,110 134, 229
CURB LEVEL -. 2 (15) 50
definition 2(15) 50
393
INDEX
SECTION PAGE
DAMAGE
to dwellings 6 62
DAMPNESS
provision for ventilation and protec-
tion from 44, 125 162, 257
DAMP-PROOFING
of foundation walls 44, 125 162, 257
of lowest floor 44, 125 162, 257
DANGEROUS BUILDINGS
proceedings relative to 112, 113 234, 236
DANGEROUS BUSINESSES 108 227
DECISIONS
Health Department vs. Rector 98 218
Tenement House Department vs. Moeschen. 124 248
DEFINITION
of certain words 2 (20) 53, 54
DEFINITIONS 2 30
DEPARTMENT CHARGED WITH THE EN-
FORCEMENT OF THIS ACT
construction of words 2 (20) 53, 54
DEPTH OF LOT
definition .- 2 (9) 43
DIAGRAMS
model housing law, explanation of 22
DIRT
accumulations of, forbidden 101 220
DISCRETIONARY POWER
in modifying provisions of act forbidden 7 62
DISEASES
See Contact Diseases
DISTANCE
between two buildings 295
DISTRICTS
See Residence Districts
DOOR
sash, equivalent of window 40 157
DOORS
at bottom of shafts and courts 126 258
communicating between rooms for
cross-ventilation 31 134
fire-resistive, to elevator shaft 58, 84 193, 207
self-closing, to dumb-waiter shafts. 58, 84 194, 207
to be kept clean 101 220
to halls of dwellings from paint, oil,
drug and liquor stores forbidden IQ8 227
DOUBLE HOUSE 2 32
394
INDEX
SECTION PAGE
DRAINAGE
of areas, courts and yards 45 164
of basement rooms 43, 44, 94, 125 161, 162, 213, 257
DRAINS 49, 78 173, 205
to be kept clean 101 220
See also House Drains
DRIP TRAYS
prohibited 47, 78 166, 205
DRUG STORES
doors, windows or transoms to halls of
dwellings from, forbidden 108 227
DUCKS
keeping of, in dwellings or on premises
of multiple-dwellings prohibited 106 225
DUMB-WAITERS
and elevators 58, 84 193, 207
enclosed in fire-resistive shafts 58, 84 193, 207
fire-resistive doors to 58, 84 193, 207
self-closing doors to 58, 84 193, 207
DUPLEX
See Two-Family Dwelling
DUPLEX APARTMENTS
included in Class A multiple-dwellings ... .2 (3) 34
DWELLING 2(1) 31
building on same lot with 29, 30 125, 126, 130
construction of word 2 (20) 53
definition 2(1) 31
definition of fire-resistive 2 (17) 51
definition of multiple 2 (2) 32
definition of private 2 (2) 32
definition of two-family 2 (2) 32
DWELLINGS
alley 29 1 28
classes of 2 (2) 32
cleanliness of 101 220
construction 8 65
conversion or alteration of other build-
ings to 3 57
converted or altered from one to an-
other class 3 57
damaged 6 62
dangerous, proceedings relative to 1 12, 1 13 234, 236
fire-resistive, when required 50, 79 178, 206
height of, proportionate to width of
street 21, 71 75, 200
ideal lighting and ventilation of 337, 338
inspection of 155 282
keeping of animals in, or on premises 106 225
may be vacated if erected, altered or
occupied contrary to law 4 60
395
INDEX
SECTION PAGE
DWELLINGS (Continued)
occupation of new, altered or con-
verted, without certificate of com-
pliance unlawful 141, 142 266, 268
occupied without certificate of com-
pliance to be vacated 142 '268
rear 29 127
repair of 97 216
to be cleaned to satisfaction of health
officer 101 220
two rooms in depth 337, 338
DWELLINGS HEREAFTER ERECTED 20-62 71-196
DWELLINGS MOVED 5 61
discretionary power in case of 5 61
EARTHENWARE
house drains, prohibited 49, 78 173, 205
EASEMENT AGREEMENT •
arrangement for side yards . . .24 95, 103
EAVES 2(16), 24 50,51,107
EAVES AND CORNICES
overhanging side yards 24 107
EFFECT
time when act takes 1 59 286
EGRESS 127 258
existing fire-escapes to have safe means
of, from yard or court to street,
alley, or adjoining premises 127 258
means of, in case of fire, 51, 52,53,80,81, 115, 127, 179, 184, 187, 206
128,129 207,239,258,260
municipal authorities may enact sup-
plementary ordinances relative to 7 62
roof 53, 8 1, 129 187, 207, 260
second means of, in Class A multiple-
dwellings must be directly accessible
to each apartment, suite or group of
rooms 51,127 1 79, 2 58
second means of, in Class B multiple-
dwellings must be directly accessible
to public hall 5 1, 127 179, 258
second means of, may be balcony fire-
escapes, additional inside or outside
stairs, fire tower 51, 127 179, 258
superintendent of buildings shall order
such additional means of, as may be
necessary 128 260
superintendent of buildings shall re-
quire proper means of, in case of ex-
isting multiple dwellings 127 258
two separate means of, to extend from
entrance floor to roof 51, 127 179, 258
ELEVATOR
shafts to be fire-resistive 58, 84 193, 207
shafts to have fire-resistive doors 58, 84 193, 207
396
INDEX
SECTION PAGE
ELEVATORS 58, 84 193, 207
in well-hole of stairs prohibited 58 193
separated from stairs by fire-resistive
walls 58, 84 193, 207
ELIZABETH GROUP HOUSES 24 109
ENACTING CLAUSE
of model housing law 27
ENFORCEMENT . 153 279
mayor to designate official for . 1 53 . 280
of act, State Board of Health may ex-
amine into i o 67
of housing laws 6
of supplementary provisions 7 63
records to be kept by enforcing official 153 280
ENGLISH LAW
height of buildings 21 80
ENTRANCE
outside, to cellar or lowest story re-
quired 6 1 196
ENTRANCE FLOOR
See Floor, Entrance
ENTRANCE HALLS 57 193
See also Halls, Entrance
ENTRY
right of 156 283
EVICTION
of tenant for non-compliance with act . 111,145 230,274
EXCAVATION.
depth of, under entrance floor 44 162
EXCELSIOR
storage of, forbidden 107 226
FALSE SWEARING
deemed perjury 140 263
FAMILIES
number of, to be registered in health
department 148 276
FEATHERS
storage of, forbidden 107 226
FEDERAL GOVERNMENT STANDARDS
relation of rear yard to height of build-
ings 25 1 15, 1 16
FEED
storage of, forbidden 107 226
FILING
of agent's name for service of process 149 277
of certified copy of judgment 146 275
of lis pendens 147 275
397
INDEX
SECTION PAGE
FILING (Continued)
of names and addressses of owner and
lessee, number of apartments, num-
ber of rooms in each apartment and
number of families ' 148 276
of plans, specifications, plat of lot,
statement of ownership, etc 140 263
FILTH
accumulations of, forbidden 101 220
FINES
for violation of act 143 269
lien upon property 143 269
FIRE
dwellings damaged by 6 62
means of egress in case of ... 51,52,53,80,81,115 179,184,187,206,
127, 128, 129 207,239,258,260
space. around plumbing pipes to be
made air-tight to prevent spread of 49, 78 173, 205
FIRE COMMISSIONER
permit required for storage of com-
bustible materials 107 226
FIRE-ESCAPE
balconies, covers over openings in,
prohibited 52, 80 184, 206
balconies, lowest, to have drop-ladder
or stairs 52, 80, 12.7 184,206,258
balconies on top floor to be provided
with stairs or ladder to roof 52, 80 184, 206
balconies, openings for stairways in ... 52, 80, 127 184, 206, 258
balconies, width of 52, 8c, 127 184, 206, 258
balcony, second means of egress 5 1, 127 179, 258
stairways 52, 53, 80, 81, 127, 129 184, 187, 206, 207,
258, 260
FIRE-ESCAPES 52, 80, 1 14 184, 206, 239
existing, not to be extended or relo-
cated except on approval of superin-
tendent of buildings 127 258
existing, to be made to conform to cer-
tain requirements 127 258
existing, to have safe means of egress
from yard or court to street, alley,
or adjoining premises 127 258
in courts forbidden 52, 80 184, 206
incumbrance of 1 14 239
located on each story 52, 80 184, 206
may project beyond building line 52, 80 184, 206
must be constructed to sustain safe
load 52, 80 184, 206
obstruction of access to, forbidden .... 52, 80, 127 184, 206, 258
outside open, of iron, stone or concrete
required 52, 80, 127 184, 206, 258
outside stairs in lieu of 52, 80 184, 206
painting of 52, 80, 1 14 184, 206, 239
INDEX
SECTION PAGE
FIRE-ESCAPES (Continued)
superintendent of buildings shall re-
quire proper, in case of existing mul-
tiple-dwellings 127 258
supplementary regulations of superin-
tendent of buildings to govern con-
struction of 52, 80 184, 206
to be kept in good repair 114 239
FIRE HAZARD
and high pressure service 21 79
high buildings 21 78, 79
FIRE LIMITS
construction of words t. . . .2 (20) 53
FIRE MARSHAL
to enforce certain provisions 107, 1 53 226, 280
FIRE PREVENTION
municipal authorities may enact sup-
plementary ordinances relative to 7 62
FIREPROOF
See Fire-resistive
FIRE PROTECTION , 50-62 178-196
joint conference on fire tests 2 (20) 54, 56
FIRE-RESISTIVE
doors to elevator shaft and dumb-
waiters 58, 84 193, 207
dwelling, definition 2 (17) 51
dwellings, when required '. ... 50, 79 178, 206
enclosure of stair halls 56 190
scuttles or bulkheads in roof 53, 82, 129 187, 207, 260
self-closing doors in halls 56 190
shafts for elevators and dumb-waiters 58, 84 193, 207
stair halls 55 189
FIRE-RESISTIVE DWELLING 2(17) 51
definition of 2 (17) 51
when required . 50 178
FIRE-RESISTIVE DWELLINGS 79 206
FIRE-RESISTIVE MATERIAL
definition of 2 (20) . 54, 56
FIRE TOWER
second means of egress 51, 127 179, 258
FIRE UNDERWRITERS' BUILDING CODE 2 (17) 52
FLATS
included i Class A multiple-dwellings 2 (3) 34
FLOOR
area of rooms 33, 74 136, 202
basement and cellar, to be water-tight. . . .44, 125 162, 257
beneath and around water-closets and
sinks to be kept in good order and
painted 96, 122, 123 215, 245, 246
399
INDEX
SECTION PAGE
FLOOR (Continued)
butler's pantry 122 246
entrance, air-space under, to be en-
closed 44 1 62
entrance, depth of excavation under 44 162
entrance, elevation of, above ground 44 162
. lowest, damp-proofing and water-
proofing of 44, 125 162, 257
to be kept clean 10 1 220
water on each 98 217
water-closet compartment, to be
water-proof 47, 78, 124 166, 205, 246
FLOORS, STAIR HALL
See Halls, Stair
FLUSH TANKS
to be provided for new water-closets 1 24 246
FOUNDATION WALLS
damp-proofing and water-proofing of 44, 125 162, 257
FRAME
See Wooden
FRONT
buildings and rear, space between 29 125
line uniformity, and set-backs 21 77, 82
FRONT OF LOT
definition 2 (9) 43
FRONT; REAR; AND DEPTH OF LOT 2 (9) 43
FRONT YARDS
See Yards
FRONTAGE ON STREET . . .29 127-130
FURNISHED-ROOM HOUSES
included in Class B multiple-dwellings 2 (3) 35
GARAGES
and rear yard requirements . . .23 92
permitted at rear of lot 29, 30 125, 126, 130
public prohibited 30 130
'relation to rear dwelling prohibition 29 129
GARBAGE
accumulations of, forbidden 101 220
receptacles for 105 223
GEESE
keeping of, in dwellings or on premises
of multiple-dwellings prohibited 106 225
GENERAL PROVISIONS 1-12 27-68
GENERAL TOILET ROOM
separate water-closet compartments in . . 37, 76, 78 147, 204, 205
supplemental to required water-closets
not prohibited : ... .47, 78, 92 166, 205, 2 1 i
GOAT
keeping of, in dwellings or on premises
of multiple-dwellings prohibited io5 225
4OO
INDEX
SECTION PAGE
GOVERNOR
may request State Board of Health to
examine into and report on enforce-
ment of act 10 67
GRADING
of areas, courts and yards 45 164
GREAT BRITAIN
height limitation in England 21 80
lighting and ventilation practice in 337
GROUP HOUSES 24 109
GYMNASIUMS
windows in rooms used for 31 132
HABITATION
basement rooms occupied for living
purposes to be fit for human 43, 94 161,213
dwellings unfit for human, to be va-
cated 112 234
new and converted dwellings occupied
without certificate of compliance
deemed unfit for 141, 142 266, 268
HALL, PRESCOTT F 62 197
HALLS
additional, to be constructed in accor-
dance with provisions of Article II 74 202
entrance 54, 57 189, 193
entrance, access from, to street or alley
through yard 57 193
entrance, construction of 54, 57 189, 193
entrance, width of 57 189
public, and stairs 54, 83 189, 207
public, construction of 57, 74, 83 189, 202, 207
public, definition 2 (10) 45
public, lighting and ventilation of
38,75,90,91,121 152,202,210,244
public, second means of egress must be
directly accessible to 51, 127 179,258
public, size of windows in 39, 75 1 56, 202
public, skylights in 39, 77, 12 1 1 56, 204, 244
public, transom, windows or doors to,
from paint, oil, drug and liquor
stores forbidden 108 227
public, width of . . . 54, 57, 83 189, 193, 207
recessed, deemed separate hall 38 152
stair, construction of 54. 55. 57. 74» 83 189, 193, 202, 207
stair, definition 2(11) 45
stair, fire-resistive 55 189
stair, fire-resistive enclosure of . . . 56 190
stair, fire-resistive self-closing doors in 56 190
stair, lighting and ventilation of. 40, 75, 90, 91, 121 157,202,210,245
stair, size of windows 4°, 75 1 57, 202
stair, transoms in, forbidden 56 190
stair, width of 54, 57, 83 189, 193, 207
to be kept clean 101 220
26 401
INDEX
SECTION
HAY
storage of, forbidden 107
HEALTH
storage of articles dangerous to, for-
bidden 1 07
things dangerous or detrimental to 1 12
HEALTH DEPARTMENT
construction of words 2 (20)
versus Rector 0,8
HEALTH DEPARTMENT OR OFFICER
actions of, to be regarded as judicial 144
additional powers conferred on, by act 1 54
approval of changes in plans by 140
costs, expenses or disbursements of, in
removal of nuisance to be paid by
owner or person violating act, order
or notice 143
definition
dwellings to be cleaned to satisfaction
of 101
examination and approval of plans and
specifications by 140
filing of lis pendens by 147
filing of plans, specifications and state-
ments for construction, alteration or
conversion of dwellings in 140
injunction against, not to be granted
except upon three days' notice 157
inspection of dwellings by 155
may fix time for compliance with act 1 1
may institute proceedings 144
may order and make repairs 113
may order cutting in of windows and
skylights or other improvements 121
may order dwellings to be vacated and
may revoke same or extend time for
vacation 112
• may require all-night lighting of public
halls 91
may require artificial day lighting of
public halls 91
may require concreting of courts,
areas and yards 45
may require janitor, housekeeper, or
other responsible person to live in
multiple-dwelling 109
may require kalsomining or painting of
walls and ceilings of interior rooms 103
may require open plumbing in new
dwellings 49
may require plastering of cellar ceilings 125
may require renewal of paint or white-
wash on cellar walls and ceilings 95
may require renewal of paint or white-
wash on walls of court 102
402
226
226
234
53
218
271
282
263
269
53
220
263
275
263
284
282
67
271
236
244
234
2IO
210
164
228
222
'73
257
215
221
INDEX
SECTION PAGE
HEALTH DEPARTMENT OR OFFICER
(Continued)
may vacate infected or uninhabitable
dwellings 112 234
may vacate unlawful dwellings 4, 142 60, 268
not required to give undertaking 157 284
not to be liable for costs in actions
brought under the act 144 271
penalty for violation of order or notice
of 143 269
powers conferred by act on, additional 154 282
preliminary injunction against 157 , 284
privy vaults, school-sinks and water-
closets to be removed and place dis-
infected under direction of health
officer 1 24 246
registry of agent's name in 149 277
registry of owner's name and descrip-
tion of property in 148 276
revocation of approval or permit by 140 263
right of entry given 1 56 283
service of notices and orders of 150 278
service of summons in actions brought
by 151 278
shall enforce provisions of act 153 279
shall file certified copy of judgment in
office of county clerk 146 275
shall index names and addresses filed 152 279
to approve plans and specifications for
construction, alteration or conver-
sion of dwellings 140 263
to determine number of catch-basins 100 219
to determine practicability of sewer
and water connections 9 65
to determine size, number, construc-
tion and maintenance of cisterns and
wells 99 219
to determine size of skylights 77 204
to enforce act 153 279
to grant certificate of compliance 141 266
to prescribe conditions under which
certain animals may be kept on
premises with dwelling 106 225
when, may make repairs 113 236
written consent of, to be obtained be-
fore letting lodgings 1 1 1 230
written permit of, necessary for con-
struction or maintenance of water-
closets in cellar 47, 92 166, 211
written permit of, necessary for occu-
pation of basement rooms for living
purposes 94 213
HEALTH OFFICER
construction of words 2 (20) 53
discretion of, as to lodgers, roomers
and boarders in 230
403
INDEX
SECTION PAGE
HEALTH OFFICER (Continued)
party to easement agreement. 24 95, 104
See also Health Department
HEIGHT. 2 (14), 21,71 49, 75, 200
definition 2(14) 49
high buildings, shadows cast by 21 80, 8 1
limitation, and zoning laws 21 77, 78
of apartment houses limited 21, 23 77, 78, 93, 94
of basement rooms 44, 94 162, 2 1 3
of courts 25 113
of dwellings in Chicago 50 179
of dwellings proportionate to width of
street 21,71 75, 200
of rooms 34, 74 1 39, 1 4 1 , 202
HEIGHT OF BUILDINGS
commission's report 21 78, 79
HIGH BUILDINGS
and fire hazard 21 78, 79
HIGH ROOMS
advantages of -. 34 1 39
HINGED SASH 2 (12) 46
HOOKS
movable, allowed on scuttles and bulk-
heads 129 260
HOPPER CLOSETS
long, prohibited 49, 78, 124 173,205,246
HORSE
not to be kept on premises except
under conditions prescribed by
health officer 106 225
HOSPITALS
included in Class B multiple-dwellings 2 (3) 34
HOTEL 2 (4) 36
definition 2 (4) 36
HOTELS
and side yard requirements 24 108
exempted from rear yard provisions 22 83
included in Class B multiple-dwellings 2 (3) 34
in residence districts. . . 24 109
inside bath rooms in 37 148, 149, 1 50
relation of Zoning Act to 21 76
ventilation and lighting of public
halls. . , 37,38,39 150-156
HOUSE
construction of word 2 (20) 53
HOUSE DRAINS
tile or earthenware, prohibited 49, 78 173, 205
HOUSEKEEPER
when necessary 109 228
404
INDEX
SECTION PAGE
HOUSES
continuous rows or terraces of, on
different size lots 294, 302, 303, 304,
305, 328-334
detached, on different size lots 294-302, 305-327
double 2 32
semi-detached 2 32
two main groups 294
HOUSING
methods for providing good 6, 7
HOUSING EVILS
extent of 1 6
legislation effective remedy for 5,6, 7
present 5
HOUSING LAW
an ideal 337, 338
difference between, and tenement
house law 14,15,16
difficulty of preparing 20
effort to secure model tenement house
law instead of, sometimes wise 23
ideal 337, 338
ideal, consideration of 23
inadequacy of short 21
model, adaptation to local conditions 21
model, application of 27
model, arguments against 293
model, caution to those using : 23, 24
model, changes in, generally disastrous 23, 24
model, changes in, necessary to pro-
hibit courts and shafts 338, 339
model, classification of provisions of 21
model, effect of on building operations 293
model, enacting clause 27
model, explanation of notes, diagrams,
concessions, and variations in 22, 23
model, how to use '9~24
model, importance of following strictly 22, 23, 24
model, no modification of 7 62
model, practicability of 293
model, purpose of 19, 20
model, scope of. 12 14, 1 5, 16, 20, 68
model, title of 27
HOUSING LAWS 1 1-16
basis for, in United States 19
local variations in • 19, 20
HOUSING LEGISLATION
aim of housing reformer 14, 15, 16
HOUSING PROBLEM
conditions constituting 4, 5
many sided , 4, 7
405
INDEX
SECTION
HOUSING PROBLEM (Continued)
report of Mayor of Boston 62 197
solution of, dependent on conception
of housing reform 3
types of buildings included in 13, 14, 15, 16
HOUSING PROBLEMS IN AMERICA 62 197, 233
(National Housing Association Publications)
HOUSING REFORM
incentive to take up 5
results test of methods in
through attractive houses 5
building code 11,12
cheap houses 3
development of Garden Cities 5
education 5
example 5
intelligent city planning 5
legislation 3-7, 1 1-16
more houses 4
rapid transit 3, 4, 5
stimulation of country life 5
tenement house legislation 12, 13, 14
wise management 5
HOUSING REFORM. By Lawrence Veiller 55, 62
HOUSING REFORM THROUGH LEGISLATION 3-7
How TO USE THE MODEL LAW 19-24
HUMAN HABITATION
See Habitation
IDEAL HOUSING LAW, AN 337~339
IMPRISONMENT
for violation of act 143 269
IMPROVEMENTS
compulsory 120-129 240-260
health department may order and make. 113, 121 236, 244
INCUMBRANCE
of fire-escapes ...114 239
scuttles, bulkheads, ladders and stairs
to be kept free from 1 1 5, 129 239, 260
INDEXING NAMES 152 279
INFECTED AND UNINHABITABLE DWELL-
INGS TO BE VACATED 112 234
INFECTED HOUSES
proceedings for vacation of 1 12 234
INFLUENZA
its relation to lodger evil 1 1 L 231
INJUNCTION; UNDERTAKING ..157 284
406
INDEX
SECTION PAGE
INNER COURTS 21 82
See also Courts
INSIDE BATH ROOMS FOR APARTMENT HOUSES. . .37 150, 151
INSIDE BATH ROOMS PROHIBITED
discussion of 37 147, 148, 149, 150
INSIDE STAIRS
See Stairs
INSPECTION OF DWELLINGS 155 282
INSPECTOR OF BUILDINGS
construction of words 2 (20) 53
existing fire-escapes not to be extended
or relocated except on approval of 127 258
may require hinged scuttles 129 261
powers conferred by act on, additional 154 282
prohibited from issuing permit 140 264
shall order such additional means of
egress as may be necessary 128 261
shall require proper means of egress in
case of existing multiple-dwellings 127 258
supplementary regulations of, to gov-
ern construction of fire-escapes 52, 80 184, 206
to enforce certain provisions of act 153 279
INTAKES
See Air -intakes
INTERIOR LOT
definition 2 (8) 43
See also Lot
INTERIOR ROOMS
See Rooms
JAILS
included in Class B multiple-dwellings.. 2 (3) 35
size of cells in 33 136, 137, 138
JANITOR OR HOUSEKEEPER 109 228
JOINT CONFERENCE ON FIRE TESTS 2 (20) 54, 56
JUDGMENT
copy of, to be filed in County Clerk's
office 146 275
to establish penalty as lien 146 275
JUDICIAL
actions of health officer to be regarded
as.. ..144 271
JUNK
storage and handling of, forbidden 106 225
KALSOMINING
of walls and ceilings 103 222
407
INDEX
KEY-LOCKS
to be removed from roof bulkheads
and scuttles. .
...129
KITCHENETTE APARTMENTS
included in Class A multiple-dwellings 2 (3)
social disdvantage of 33
unsuitable for children 33
KITCHENETTES
size of 33
LADDERS
leading to roof bulkheads or scuttle. . 53, 81, 115,
129
to scuttle or bulkheads to be easily
accessible to all occupants 1 1 5, 129
to scuttle or bulkhead to be kept free
from incumbrance 115, 129
LAKE
definition 2 (2 1 )
LAW OF "ANCIENT LIGHTS"
height limitation in England 21
LAWS
See Act; English Law; Housing Law;
Tenement House Law
LAWS BASED ON MODEL LAW
LAWS EXISTING
dwellings to conform with 8
LAWS REPEALED 1 58
LEADERS
rain, necessary 97
LEAKY ROOFS 97
LEASE
cancellation of tenant's for non-com-
pliance with regulation in
LEGAL DECISIONS
Health Department vs. Rector 98
Tenement House Department vs. Moeschen. . 124
LEGAL PROVISIONS." 140-1 59
LEGISLATION
enforcement of
housing reform through
kind of, required for housing reform
See also Housing Law; Tenement
House Law
LESSEE
may file agent's name for service of
process 149
of whole house to register name and
address 148
408
26 1
I1 38
136, 137, 138
187,207,239,260
239, 261
239, 261
57
80
vi
65
285
216
216
230,231
218
248
262-289
6
3-7, 11-16
1 1-16
277
276
INDEX
SECTION PAGE
LIEN
fine for violation of act or order of
health officer, upon property 143 269
LIENS 146 275
LIFE
storage of articles dangerous to, for-
bidden 1 07 226
LIGHT
and height limitation 21 80, 8 1
and ventilation 20-41 71-1 58
municipal authorities may enact sup-
plementary ordinances relative to . . .7 63
LIGHTING
ideal, of dwellings 337, 338
night, of halls and stairs ' .' 91 210
night, of water-closet compartments 47, 78 166, 205
of alcoves and alcove rooms 35>75»?6 141,202,204
of basements 43,44,94 161, 162,213
of bath rooms 37, 76 147,204
of cellars 44, 125 162,257
of halls and stairs by day 90 210
of interior rooms 120 240
of public halls 38, 75, 90, 91, 121 152,202,210,244
of rooms. 31, 32, 35, 75, 76, 120 132, 135, 141,202,
204, 240
of stair halls 40,75,90,91, 121 157,202,210,244
of water-closet compartments. .37, 47, 76, 78, 124 147, 166,204,205,
246
walls and ceilings to be kalsomined
or painted white if necessary to im-
prove 103 222
LIQUOR STORES
doors, windows or transoms to halls
of dwellings forbidden 108 227
Lis PENDENS 147 275
LIVING ROOMS
access to 36 145
in basement, conditions of occupancy 43,94 161, 213
in cellar, prohibited 42, 94 161,213
LOCKING
of scuttle or bulkhead door forbidden . . . .115, 129 239, -261
LOCKS
key, to be removed from scuttles and
bulkheads 129 261
LODGER EVIL
difficulty of coping with ...in 23 1, 232
LODGERS PROHIBITED in 230
LODGING HOUSES
included in Class B multiple-dwellings 2 (3) 34
409
INDEX
LODGINGS
letting of, in dwellings without consent
of health officer prohibited
occupant responsible for compliance
with provisions relating to
owner responsible for compliance with
provisions relating to
LOT
building on same, with dwelling 29
construction of word 2 (20)
corner, definition 2 (8)
definition 2
front, rear and depth of, definition 2(9)
method of placing houses on 24
percentage of, permitted to be occupied 20, 70
plat of, to be submitted with plans and
specifications, for approval of health
officer 140
LOTS
corner and interior, definition 2 (8)
different size, development of each
kind of building on
shallow, required for ideal lighting and
ventilation conditions
MAINTENANCE 90-1 15
municipal authorities may enact sup-
plementary ordinances relative to 7
unlawful, procedure to prevent 144
MANDATORY PROVISION OF ACT 2(20)
MAYOR
construction of word 2 (20)
to designate official for enforcement 153
MEANS OF EGRESS 51
See also Egress
MENACE OF THE "THREE-DECKER" 62
METHODS
results test of, in housing reform
MINIMUM REQUIREMENTS; LAW NOT TO
. BE MODIFIED 7
MISDEMEANOR
violation of act is a 143
MIXED OCCUPANCY 2 (5)
definition 2(5)
MODEL HOUSING LAW
See Housing Law, Model
MODEL TENEMENT HOUSE LAW, A. By
Lawrence Veiller
See also Tenement House Law, Model
4IO
230
230
230
125
53
43
30
43
99
71,200,295
263
43
293-334
99. 337- 338
210-239
62
271
53
53. 54
280
196, 197
7
62
269
37
37
'9
INDEX
SECTION PAGE
MODIFICATION
of law forbidden 7 62
MOESCHEN CASE 124 248
MULES
keeping of, prohibited 106 225
MULTIPLE-DWELLINGS
alteration or conversion of wooden
buildings to, prohibited 62 196
Class A, definition 2 (3) 34
Class B, definition 2 (3) 34, 35
classes of 2 (3) 34
construction of word 2 (20) 53
definition 2 (2) 32
different provisions for Classes A and B. . . .2 (3) 36
enlargement • of existing, except for
water-closets or bath rooms, pro-
hibited 85 207
erection of wooden, prohibited 62 196
existing wooden buildings on same lot
with, within fire limits, not to be en-
larged 86 208
wooden buildings not to be placed on
same lot with, within fire limits 86 208
MUNICIPAL AUTHORITIES
action of, not to modify, repeal,
amend, or dispense with any pro-
vision of act 7 62
may make and enforce supplementary
provisions to act 7 62
NAME
of agent may be registered 149 277
of lessee of whole house to be registered 148 276
of owner to be registered 148 276
NAMES
indexing, and addresses 1 52 279
NATIONAL BOARD OF FIRE UNDER-
WRITERS 2 (17) 52
NATIONAL FIRE PROTECTION ASSOCIA-
TION 2(17) 52
NATIONAL HOUSING ASSOCIATION PUB-
LICATIONS 62 197
NEW COURTS IN EXISTING DWELLINGS 73 201
NEW DWELLINGS
occupation of, without certificate of
compliance unlawful 141, 142 266, 268
occupied without certificate of com-
pliance to be vacated 142 268
permit necessary 140 263
provisions relating to 20-62 71-196
411
INDEX
SECTION PAGE
NEW ENGLAND
"three-deckers" in 62 196, 197
NEW YORK
definition of tenement house in 13
NIGHT-LIGHTING
of halls and stairs 91 210
of water-closet compartments 47, 78 166,205
NOTES
explanation of, in model housing law 22
NOTICES
service of 150 278
NUISANCE 2 (19) 53
abatement of, procedure for 1 12, 1 13, 144 234, 236, 271
definition 2(19) 53
from water to adjacent buildings 97 • 216
smoke, in cities 20 71
OCCUPANCY
change in 4 60
change in, of dwellings erected subse-
quent to act, in violation thereof,
forbidden 4 60
mixed, definition 2 (5) 37
municipal authorities may enact sup-
plementary ordinances relative to 7 62
partial, permits for. 141 267
OCCUPANT
responsible for compliance with pro-
visions relating to lodgers 1 1 1 230
to keep dwellings clean 101 220
to provide receptacles for garbage,
ashes, rubbish and refuse 105 223
OCCUPANTS
duties, as to cleanliness of dwellings 101 220
scuttles, bulkheads, ladders and stairs
to be easily accessible to . 1 1 5, 129 239, 260
OCCUPATION
of basement rooms for living purposes 43, 94 161,213
of cellar rooms for living purposes pro-
hibited 42, 94 161,213
of interior rooms 120 240
of new or converted dwelling without
certificate of compliance unlawful 141, 142 266,268
percentage of lot allowed for 20, 70 71, 200, 295
unlawful, procedure to prevent. . . 144 271
OCCUPIED
construction of word 2 (20) 53
OCCUPIED SPACES 2 (16) 50
definition 2(16) 50
OPEN PLUMBING
required 49, 78 1 73, 205
412
INDEX
SECTION PAGE
OPEN SPACE
between buildings on same lot 29 125
table showing, requirements 295
"OPEN" STAIRS 56 191
OPERATIONS
building, effect of act on . 293
ORDERS
service of 150 278
ORDINANCES
construction of word 2 (20) 53
inconsistent with act repealed 1 58 285
local, conflict with 7 63, 65
not to modify minimum requirements
of act 7 62
OUTDOOR WATER-CLOSETS
prohibited 47, 78, 124 166, 205, 246
OUTER COURT
See Court
OUTSIDE PORCHES .- 41 1 58
See Porches, Outside
OUTSIDE STAIRS
in lieu of fire-escapes 52, 80 184, 206
second means of egress 51, 127 179, 258
OUTSKIRTS OF CITIES
application of law to i 29
OVERCROWDING 1 10 229
and contact diseases 1 1 1 231
OWNER
may file agent's name for service of
process 149 277
registry of name of 148 276
responsible for compliance with pro-
visions relating to lodgers 1 1 1 230
to file plans for new buildings or al-
terations 140 263
to keep dwellings clean 101 220
to paint or whitewash walls of courts 102 221
to pay costs in removal of nuisance 143 269
to provide receptacles for garbage,
ashes, rubbish and refuse 105 223
OWNERSHIP
statement of, names of interested
parties and residences to be filed
with plans " 140 263
PAINTING
of cellar walls and ceilings 95 215
of fire-escapes 52, 80, 1 14 184, 206, 239
of surfaces beneath and around water-
closets and sinks 96, 122, 123 215,245,246
of walls and ceilings 103 222
of walls of courts 102 22 1
413
INDEX
SECTION PAGE
PAINT STORES
doors, windows or transoms to halls
of dwellings from, forbidden 108 227
PAN CLOSETS
prohibited 49,78,124 173,205,246
PAPER
See Wall Paper
PAPER STOCK
storage of, forbidden 107 226
PARK
definition 2 (21) 57
PART STORY
definition 2(13) 46
PARTITIONS
for water-closet compartments 47, 78, 124 166, 205, 246
PASSAGES
to be kept clean 101 220
PASSAGEWAYS
for inner courts 24, 27, 73 109, 121,201
PENALTIES FOR VIOLATIONS 143 269
PENALTY
judgment to establish, as lien 146 275
PENDING SUIT
notice of 147 275
PERCENTAGE OF LOT OCCUPIED 20,70 71,200,295,296
PERJURY
false swearing deemed 140 263
PERMIT
cancellation of, for alterations and •
construction 140 263
expiration by limitation of, for altera-
tions and construction 140 263
for lodgers, roomers and boarders 1 1 1 230
for occupation of basement rooms. 94 213
for partial occupancy 141 267
for storage of combustible materials 107 226
to commence new buildings or make
alterations 140 263
"PHILADELPHIA Row" HOUSE 24 109
PIPES
space around plumbing, to be air-
tight 49,78 173,205
PIVOTED SASH 2 (12) 46
PLANNING SUNLIGHT CITIES 21 80
PLANS
alterations and construction must be
in accordance with approved 140 263
414
INDEX
SECTION PAGE
PLANS (Continued)
alterations before approval of plans
forbidden 140 263
certificate of approval of, to be issued 140 263
changes in, to be approved by health
department 140 263
may be amended 140 263
not to be removed from health de-
partment 140 263
plat of lot to be filed with . 140 263
showing practicability of act 293-334
to be examined 140 263
to be filed by owner, agent or architect 140 263
to be public records 140 263
to conform to acts and ordinances 140 263
PLASTERING
of cellar ceiling 125 257
PLUMBING 49 173
fixtures, enclosure of, prohibited 49, 78 173, 205
fixtures to be trapped 49, 78, 124 173, 205, 246
open, required 49, 78 173, 205
pipes, space around, to be made air-
tight 49, 78 173, 205
pipes to be exposed 49, 78 173, 205
sanitary, required .49, 78, 124 173, 205, 246
system to be connected with public
sewer and city water supply before
occupation 48 1 72
to be in accordance with plumbing
regulations 49,78, 124 173,205,246
PLUNGER CLOSETS
prohibited 49, 78, 124 173, 205, 246
POLICE POWER
welfare clause of 24 1 1 1
PORCHES
outside, definition 41 158
outside, diminishing light and ventila-
tion, prohibited 41 1 58, 1 59
POSTING
of notices, orders or summons, and
mailing copy thereof, lawful service. .. 150, 151 278
POWERS CONFERRED. . 154 282
PRACTICABILITY
of model housing law 293
PREMISES
construction of word 2 (20) 53
PRIVACY 36 145
PRIVATE DWELLING
definition 2 (2) 32
415
INDEX
SECTION
PRIVIES
to be kept clean 101
PRIVY VAULTS
prohibited 48, 124
substitution of water-closets for 124
temporary use of 9
PRIVY VAULTS, SCHOOL SINKS AND
WATER-CLOSETS . 124
PROCEDURE. . 144
PROCEEDINGS
costs of 143, 144
for removal of nuisances 112, 113, 144
for vacation of infected and uninhabit-
able houses 1 12, 1 13
to prevent conduct of unlawful busi-
nesses 144
PROCESS
filing of agent's name for service of 149
PROHIBITED USES 106
PROPERTY DIVISIONS
changes in, necessary for ideal light-
ing and ventilation of dwellings.
PROVISIONS
applicable to alteration of dwellings 70-86
applicable to new dwellings 20-62
enforcement of, of act 153
fire protection 50-62
for multiple-dwellings of Classes A and B. . .2 (3)
general 1-12
improvement 120-129
legal 140-1 59
light and ventilation 20-41
maintenance 90-1 1 5
not to be modified 7
of act, to govern in all cases 1 58
of other acts repealed 158
sanitary 42, 49
windows 2 (12)
PUBLIC HALL 2 (10)
definition ....2(10)
PUBLIC HALLS 38
lighting 90, 91
See also Halls, Public
PUBLIC HALLS AND STAIRS
lighting and ventilation of 38, 39, 121
PUBLIC RECORDS
indexes of names and addresses to be i 52
plans and specifications to be 140
PUMPS
and tanks to be provided 98
416
172,246,247
246
65,66
246
271
269,271
234,236,271
234-236
271
277
225
337.338
200-208
71-196
279
178-196
36
27-68
240-260
263-286
71-158
210-239
62
285
285
161-173
46
45
45
152
210
152-156,244
279
263
217
INDEX
SECTION PAGE
PUNISHMENT
for violation of act 143 269
PURPOSE
of model housing law 19, 20
RAGS
storage and handling of, forbidden 1 06, 107 225, 226
RAILROAD RIGHT OF WAY 2 (21) 57
RAIN LEADERS 97 216
RAVINE
definition 2 (21) 57
REAR
buildings and front, space between 29 125, 127
REAR OF LOT
definition 2 (9) 43
REAR YARDS
table showing depths required. . 23 91,295
See also Yards
RECEPTACLES FOR ASHES, GARBAGE AND
RUBBISH 105 223
RECESSED HALL
deemed separate hall 38 152
RECORDS
public, plans to be 140 263
public, indexes of names and ad-
dresses to be 152 • 279
to be kept by enforcing official 153 280
REFORM, HOUSING
See Housing Reform
REFUSE
receptacles for . 105 223
REGISTRY
of names and addresses of agent,
owner and lessee, number of apart-
ments, number of rooms in each
apartment and number of families .... 148, 149 276, 277
REGULATIONS
construction of word 2 (20) 53
for lodgers, roomers and boarders 1 1 1 230-234
local, not to modify -minimum re-
quirements of act 7 62
plumbing 49, 78, 124 173, 205, 246
REMEDIES 140-1 59 263-286
REMOVAL OF DWELLING
places it under provisions of act re-
lating to new dwellings 5 6 1
RENT
not recoverable when new or converted
dwellings are occupied unlawfully 142 268
27 417
INDEX
REPAIR
fire-escapes to be kept in good 114 239
REPAIRS 97 216
to buildings, etc 113 236
when, may be made by health officer 113 236
REPEAL 1 58 285
of minimum requirements of law for-
bidden 7 62
REPORT OF HEIGHT OF BUILDINGS COMMISSION . .21 78,79
REQUIREMENTS
and remedies : 140-1 59 263-286
provisions of act, minimum 7 62
RESIDENCE DISTRICTS 376
exceptions permitted in 29 125
hotels in 24 1 09
how abolished 376
how established 376
restrictions governing • 376
RESPONSIBILITY
tenant's 145 274
RESULTS
in housing reform, test of methods 7
RIGHT OF ENTRY 1 56 283
RIGHT OF WAY
railroad 2 (21) 57
RISERS, STAIR
See Stairs, Construction of
RiVEK
definition...,, '. 2(21) 57
ROOF BULKHEADS
See Bulkheads
ROOF EGRESS
See Egress, Roof
ROOF EGRESS; SCUTTLES AND BULK-
HEADS 53 187
ROOF EGRESS; SCUTTLES, BULKHEADS,
LADDERS AND STAIRS 129 260
ROOF STAIRS 81 207
ROOFS
to be kept clean 101
to be kept in good repair and not to
leak 97 216
ROOMERS
embracing lodgers and boarders ,.3 57
regulation of in 230-234
taking of, effect on classification of
dwelling 3 57
418
INDEX
SECTION FACE
ROOM OVERCROWDING
and contact diseases 1 1 1 231
ROOMS
additional, to be constructed in accor-
dance with provisions of Article II 74 202
air space required in 1 10 229
alcove, lighting and ventilation of 35, 75, 76 141, 202, 204
basement. See Basement
cellar. See Cellar
height of 34, 74 139, 202
interior, lighting and ventilation of 120 240
interior, location of windows in 120 240
interior, occupation of 120 240
interior, skylights for 120 240
lighting and ventilation of. . 31, 32, 35, 75, 76, 120 132, 135, 141, 202,
204, 240
minimum height of 34. 74 '39, 202
minimum width of 33, 74 136, 202
not to be overcrowded 1 10 229
number of, in each apartment to be
registered in health department 148 276
size of 33, 74 1 36, 202
subdivision of existing 76 204
to be kept clean 101 220
walls and ceilings of inner, to be kal-
somined or painted white to improve
lighting, if required by health officer 103 . 222
windows in, location of 3 1, 76 132, 204
windows in, size of 32, 76 135, 204
ROOMS AND HALLS
lighting and ventilation of 75 202
Row DWELLINGS
not prohibited 24 96
RUBBISH
accumulation of, forbidden. 101 220
receptacles for 105 223
RULING
of local authorities not to modify mini-
mum requirements of act 7 62
SANITARY PLUMBING REQUIRED 49,78, 124 173,205,246
SANITATION 42-49 161-173
municipal authorities may enact sup-
plementary ordinances relative to 7 62
SASH
casement 2 (12) 46
hinged 2(12) 46
pivoted 2(12) 46
storm. . . 2 (12) 46
SASH DOOR
equivalent of window 40 157
4IC)
INDEX
SECTION PAGE
SAWYER PARK
group houses 24 109
SCHOOL-SINKS
substitution of water-closets for 124 246
SCOPE
of Act 1,12 27, 68
of building code 1 1, 12
of model housing law 14, 15, 1 6, 20
SCUTTLES
roof, access to, shall be direct 53, 129 187, 260
fireproof 53, 82, 129 187, 207, 260
hinged, may be required by super-
intendent of buildings -. 129 260
key-locks on, to be removed 129 260
location of, in rooms forbidden 129 260
locking of, forbidden 1 1 5, 129 239, 260
movable bolts or hooks allowed on 129 260
size of 53, 129 187, 260
stair leading to. . , 53, 8 1, 115, 129 187,207,239,260
to be easily accessible to all occu-
pants 1 1 5, 129 239, 260
to be kept free from incumbrance 115, 129 239, 260
to be located in ceiling of public hall .... 53, 129 187, 260
SCUTTLES, BULKHEADS, LADDERS AND
STAIRS 115 239
SEMI-DETACHED HOUSE 2 32
SEPTIC TANKS 9, 124 66, 247
SERVICE
of notices, orders, and summons .... 143, 1 50, 1 5 1 269, 278
of process, filing of agent's name for 149 277
SET-BACKS
uniformity of front line 21 77, 82
SEWAGE
provisions for disposal of 9,48, 100, 124 66, 172, 219, 246
SEWER
catch-basins to be provided where
there is no, system 100 219
connection 48 1 72
SEWER CONNECTIONS'. 9 65, 66
and water supply 9 65
practicability of, decided by health
officer 9 65
to be made within certain time limit 124 246
where provisions of act relative to,
apply .-9 65
SHADOWS CAST BY TALL BUILDINGS 21 80,81
SHAFTS
access to bottom of 126 258
and courts 126 258
420
INDEX
SECTION PAGB
SHAFTS (Continued)
construction of 58, 84 193, 207
doors at bottom of 126 258
elimination of, by shallow lots 337, 338
fireproof doors to 58, 84 193, 207
fireproof, for dumb-waiters and ele-
vators 58, 84 193, 207
self-closing doors to 58, 84 193, 207
SHEEP
keeping of, in dwelling or on premises
of multiple-dwellings, prohibited 106 225
SHIPPING BOARD DEVELOPMENT 24 109
SHORT TITLE AND APPLICATION i 27
SIDE YARDS 24 94
covering over on ground floor 24 1 10
Federal Government Standards 24 97, 101
requirements for hotels 24 108
table showing widths required 24 101, 295
See also Yards
SINK
in each apartment, suite or group of
rooms 46 1 66
SINKS 122 245
school 124 246
school, substitution of water-closets for 124 246
surfaces beneath and around, to be
kept in good order and painted 96, 122 215,245
wooden, prohibited -. . .49, 78 173, 205
woodwork under 96, 122 215, 245
SIZE
of courts 25,29, 73 1 13, 125,201,295
of roof bulkheads and scuttles. 53, 129 187, 260
of rooms 33, 74 136, 202
of skylights 77 204
of water-closet compartments 47, 78 166, 205
of windows 94 213
See also Windows
of yards 22,24,29,72 82,94, 125,200,295
SKYLIGHTS 77 204
health department may order cutting
in of 121 244
in interior rooms 120 240
in public halls 39, 77, 121 156,204,244
ventilating, may be used in water-
closet compartments on top floor of
existing dwellings 37, 78 147, 205
SMOKE NUISANCE
in cities 20 71
SOLUTION OF HOUSING PROBLEM
See Housing Problem; Housing Reform
421
INDEX
SPACE
around plumbing pipes to be air-tight 49, 78
between buildings. . . 24, 29
table showing open, requirement
underneath sinks and water-closets to
be kept open. '.,. 122, 123
unoccupied, between buildings on
same lot 29
SPACE BETWEEN ADJACENT BUILDINGS
See Side Yards
SPACES
occupied, definition 2 (16)
SPECIFICATIONS
approved, alterations and construction
must be in accordance with 140
may be amended ; 140
not to be removed from health de-
partment 140
plat of lot, to be filed with plans and 140
to be examined 140
to be filed by owner, agent or architect. .
to be public records
to conform to acts and ordinances . .
SQUARE
SQUASH COURTS
windows in rooms used for
STABLE
in dwelling, or on premises, prohibited .
on rear of lot permitted in certain cases,
public, prohibited
STAIR ENCLOSURES. .
140
140
140
..2(21)
30, 1 06
29, 30
30
56
PAGE
173,205
94, 125,295
295
245,246
125
263
263
263
263
263
263
263
263
57
132
1 30, 22 5
125, 126, 130
130
190
STAIR HALLS ..................... .-. . . .2 (i i , 55 45, 189
See also Halls, Stair
STAIRS
additional inside or outside, second
means of egress ........... '. ......... 51,127 1 79, 2 58
and public halls ........................... 54 189
bulkheads to have, with guide or hand-
rail ................................... 129 260
cellar, inside, prohibited .................... 59 194
closet under, to upper stories forbidden ........ 60 196
construction of ......................... 54, 55 '89
elevators in well-hole of, prohibited .......... 58 193
elevators separated from, by fire-
resistive walls ........................ 58, 84 193, 207
from entrance floor to roof .................. 54 189
leading to roof bulkhead or scuttle. 53, 54, 8 1, 115, 187, 189 207, 239,
129 260
"open" .................................. 56 191
outside, in lieu of fire-escapes ............ 52, 80 184, 206
roof, not to be removed or replaced
with ladder ............................. 8 1 207
422
INDEX
SECTION PAGE
STAIRS (Continued)
scuttle or bulkhead, to be easily ac-
cessible to all occupants 1 1 5, 129 239, 260
to be kept free from incumbrance 1 1 5, 129 239, 260
to be kept clean .» 101 220
winding, prohibited 54 189
wooden hand-rails to 55 189
STAIRWAYS 83 207
fire-escape 52, 53,80, 81, 127, 129 184, 187,206,207,
258,260
STANDARDS
higher, to govern in conflicting laws 7, 1 58 63, 65, 285
STANDARDS OF FEDERAL GOVERNMENT
as to side yards • 24 97, I o i
STATE BOARD OF HEALTH 10 67
a request of governor shall examine
into and report on enforcement of
act 10 67
may examine into enforcement of act 10 67
STATES HAVING HOUSING LAWS vi
STATUTES
inconsistent with act repealed 158 285
STORAGE
and handling of rags and junk for-
bidden 106 225
of articles dangerous to life or health
forbidden 107 226
of combustible materials prohibited 107 226
of cotton, excelsior, feathers, feed, hay,
paper stock, rags and straw for-
bidden 107 226
STORES
paint, oil, drug and liquor, doors, win-
dows or transoms to halls of dwell-
ings from, prohibited 108 227
STORM SASH 2 (12) 46
STRAW
storage of, forbidden 107 226
STREET
construction of word 2 (2 1 ) 56
width of, to regulate height of dwelling 21,71 75, 200
STUDIO APARTMENTS
included in Class A multiple-dwellings 2 (3) 34
SUBDIVISION
of existing rooms 76 204
SUIT PENDING
notice of.' 147 275
SUMMER HOUSES 29 127
423
INDEX
SECTION PAGE
SUMMONS
service of ,5I 378
SUNLIGHT
and city planning 21 80
relation to orientation 21 8 1 , 82
volume in rooms, in relation to height
of windows 21 82
SUPERINTENDENT OF BUILDINGS
See Inspector cf Buildings
SUPPLEMENTARY PROVISIONS
municipal authorities empowered to
enact and enforce certain ones 7 62
SUPREME COURT
injunction against health department
granted only by 157 284
SWAN, HERBERT S 21 80
SWEARING
false, deemed perjury 140 . 263
SWIMMING POOLS
windows in rooms containing 31 132
SWINE
keeping of, in dwellings or on prem-
ises of multiple-dwellings prohibited 106 225
TABLES SHOWING OPEN SPACE REQUIRE-
MENTS 24 101, 295
TABLES SHOWING SIDE YARD AND REAR YARD. . . . 295
TANKS
and pumps to be provided 98 217
See also Flush Tanks
TAXPAYER
may bring action for enforcement of
act 153 279
TENANT
eviction of, for non-compliance with
act 1 1 1, 145 230, 274
See also Occupant
TENANT'S RESPONSIBILITY 145 274
TENEMENT HOUSE
definition * 13
TENEMENT HOUSE LAW
difference between, and building code 1 1, 12, 13
difference between, and housing law 14, 1 5, 16
effort to secure, instead of housing
law sometimes wise 23
scope of 12, 13, 14
TENEMENT HOUSE LAWS 1 1-16
424
INDEX
SECTION PAGE
TENEMENT HOUSE REFORM
See Housing Reform
TENEMENT HOUSES
height of rooms in 34 141
included in Class A multiple-dwelling 2 (3) 34
wooden 62 196
"THREE-DECKERS"
in Chicago and New England 62 196, 197, 198
menace of 62 196, 197
THROUGH VENTILATION 31 132, 134
TILE
house drains, prohibited 49, 78 173, 205
TIME
for compliance 1 1 67
when act takes effect i 59 286
TITLE
of model housing law 27
TOILET ROOM
general, supplementary to required
water-closets, not prohibited 47, 78, 92 166, 205, 2 1 1
TOWER
fire, second means of egress 51,127 1 79, 2 58
TOWN
definition of 2 (20) 54
TRANSOMS
for cross-ventilation 31 132, 134
in stair halls forbidden 56 190
to halls of dwellings from paint, oil,
drug and liquor stores forbidden 108 227
TRAPPING
of plumbing fixtures required 49, 78, 124 173, 205, 246
TRAYS 47, 78 1 66, 205
See Drip Trays
TREADS, STAIR
See Stairs, Construction of
TROPICAL COUNTRIES
increased ceiling height necessary in 34 139
TUTTLE, GEORGE W 21 80
TWO-FAMILY DWELLING
construction of words 2 (20) 53
definition 2 (2) 32
TYPES
buildings included in housing problem 13, 14, 1 5, 16
UNDERTAKING
not necessary for health department
to give 157 284
425
INDEX
SECTION PAGE
UNINHABITABLE HOUSES
proceedings for vacation of 112 . 234
UNITED STATES
basis for housing laws in 19
UNITED STATES BUREAU OF STANDARDS 2 (20) 54, 56
UNLAWFUL BUSINESSES
procedure to prevent conduct of 144 271
UNLAWFUL OCCUPATION 142 268
USE
municipal authorities may enact sup-
plementary ordinances relative to 7 62
USED
construction of word 2 (20) 53
USES
prohibited 106 225
VACATION
health department may extend time for.... 112 234
of dwellings erected, altered or occu-
pied contrary to law 4 60
of dwellings unfit for human habitation 112 234
of new and converted dwellings occu-
pied without certificate of compliance. ... 142 268
of premises, procedure for 112, 113, 144 234, 236, 271
VALIDITY OF LAW 1 59 286
VARIATIONS
explanation of, in model housing law 23
local, in housing laws 19, 20
VAULTS
privy, prohibited 48, 124 172, 246
substitution of water-closets for 124 246
temporary use of 9 65, 66
VEILLER, LAWRENCE
A Model Tenement House Law 19
Housing Reform 55. 62
VENTILATING SKYLIGHTS 77 204
in public halls 39, 77, 12 1 1 56, 204, 244
VENTILATION
and light 20-41 71-158
artificial, inadequacy of 37 148, 149, 1 50
cross 31 132, 134
ideal, of dwellings 337> 33®
municipal authorities may enact sup-
plementary ordinances relative to 7 62
of alcoves and alcove rooms 35, 75, 76 141, 202, 204
of basement 43, 44, 94 164, 166,213
of bath rooms 37> 76 '47. 2O4
of cellars ..44,125 162,257
426
INDEX
SECTION PACK
VENTILATION (Continued)
of interior rooms 120 240
of public halls 38, 75, 12 1 i 52, 202, 244
of rooms 31, 32, 35, 75, 76, 120 132, 135, 141, 202,
204, 240
of stair halls 40, 75, 121 157, 202, 244
of water-closet compartments, sky-
lights permitted 37, 78 1 47, 205
outside porches diminishing, prohibited 41 158
space under entrance floor 44 162
through 31 132,134
VILLAGE
definition of 2 (20) 54
VIOLATIONS
penalties for 143 269
procedure for prevention of, of act 144 271
WALL-BEDS 41 A 160
WALL PAPER 104 222
WALLS
and ceilings of rooms 103 222
around water-closets and sinks to be
kept in good order and painted. .. .96, 122, 123 215,245,246
foundation, damp-proofing and water-
proofing of 44 162
no paper to be placed on, until old
paper is removed 104 222
of cellar, to be painted or whitewashed 95 215
of courts, to be painted or whitewashed 102 221
of rooms, to be kalsomined or painted
white 103 222
roofs to be drained so as not to cause
dampness in 97 216
to be cleaned before papering 104 222
to be kept clean 101 220
WASH-BOWL
in each apartment, suite or group of
rooms 46 166
WASH-TRAYS
wooden, prohibited 49, 78 173, 205
WATER
See City Waier
WATER-CLOSET
accommodations 47, 78, 93 1 66, 205, 2 1 2
compartments, access to 36 145
base and floors to be water-proof. . .47, 78, 124 166, 205, 246
in general toilet room 37, 76, 78 147, 204, 205
lighting and ventilation of. . .37, 47, 76, 78, 124 147, 166, 204, 205,
246
new, on top floor of existing dwellings 78 205
partitions for 47, 78, 124 166, 205, 246
size of 47, 78 166, 205
ventilation 37 147
427
INDEX
SECTION PAGE
WATER-CLOSET (Continued)
defective or antiquated, fixtures replaced 78 205
general, accommodations in cellar prohibited. .92 211
WATER-CLOSETS 123 246
and sinks 96 215
flush tanks to be provided for new 124 246
for basement rooms 94 213
general toilet room, supplemental to
required, not prohibited 47, 78, 92 166, 205, 2 1 1
in cellar, prohibited without written
permit 47, 78, 92 166, 205, 211
location of 47, 78 166, 205
number of, in multiple-dwellings. .47, 78, 93, 124 166, 205, 212, 246
outdoor, prohibited 47, 78, 124 166, 205, 246
pan, plunger and long-hopper, pro-
hibited 49, 78, 124 173, 205, 246
substitution of, for privy vaults, school
sinks, cesspools or other receptacles 124 246
surfaces beneath and around, to be
kept in good order and painted 96, 123 215, 246
to be kept clean 101 220
to be open 47, 78 166, 205
woodwork enclosing, forbidden 47, 78 166. 205
woodwork under 96, 123 215, 246
WATER CONNECTIONS
practicability of, decided by health officer 9 65
WATER SUPPLY 46, 98, 99 166,217, 2I9
city, required for multiple-dwellings 48 172
distribution of 98,99 217, 219
in each apartment, suite or group of rooms. .. .46 166
to be directly accessible to each family 98 217
where provisions of act relative to, apply 9 65
WATER-PROOF BASE
and floor required for water-closet
compartment. . . 47, 78, 124 166, 205, 246
WATER-PROOFING
of foundation walls 44, 125 162, 257
of lowest floor 44, 125 162, 257
WELFARE CLAUSE OF THE POLICE POWER 24 1 1 1
WELLS
and cisterns 99 219
no opening in, for drawing water with
pails or buckets 99 219
size, number, construction and main-
tenance of, to be determined by
health officer 99 219
to be provided with attachment for
drawing water 99 219
WHAT KINDS OF HOUSES CAN BE BUILT
UNDER THE MODEL LAW 293-334
428
INDEX
WHEN TO TAKE EFFECT.
159
286
WHITEWASHING
of cellar walls and ceilings • 95 215
of walls of courts 102 22 1
WIDTH OF COURTS
proportionate to height 25 113
WlLLIAMSPORT DEVELOPMENT .24 109
WINDING STAIRS
prohibited 54 189
WINDOW
sash door equivalent of 40 157
WINDOWS
casement sash 2(12) 46
health department may order cutting
in of 121 . 244
in basement rooms, size of 94 213
in bath rooms 37, 76 147, 204
in interior rooms, location of 120 • 240
in interior rooms, size of 120 ' 240
in public halls 121 244
in public halls, location of 38 i 52
in public halls, size of ; 39. 75 156, 202
in rooms 32 135
in rooms, location of 21, 31, 76 82, 132, 204
in rooms, size of 32, 76, 120 135, 204, 240
in stair halls, size of 40 157
in water-closet compartments. .37, 47, 76, 78, 124 147, 166, 204, 205,
246
in water-closet compartments, size of . .37, 76, 78 147, 204, 205
location of, in rooms used for art gal-
leries, gymnasiums, squash courts,
swimming pools 31 132
provisions for 2 (12) 46
supplementary, on side yards 24 109
to be kept clean 101 220
to halls of dwellings, from paint, oil,
drug and liquor stores forbidden 108 227
two desirable for each room 31 132
WINDOWS AND SKYLIGHTS FOR PUBLIC
HALLS 39 156
WINDOWS FOR STAIR HALLS
size of 46
WOODEN
boarding houses: 85
building 2 (18)
buildings, definition 2 (18)
buildings, alteration or conversion of,
to multiple-dwellings prohibited 62
not to be placed on same lot with
multiple-dwellings within fire
limits 86
429
157
208
52
52
,96
208
INDEX
SECTION PAGE
WOODEN (Continued)
on same lot with multiple-dwell-
ings not to be enlarged.' 86 208
enlargements of existing, multiple-
dwellings, except for water-closets
or bath rooms, prohibited 85 207
erection of, multiple-dwellings, pro-
hibited 62 196
hand-rails to stajrs 55 189
multiple-dwellings forbidden 85 207
sinks and wash-trays prohibited 49, 78 173, 205
sleepers and floors in stair halls pro-
hibited 55 189
tenement houses 62 196, 197, 198
WOODEN BUILDINGS ON SAME LOT WITH
A MULTIPLE-DWELLING 86 208
WOODWORK
enclosing plumbing in, forbidden 49, 78 173, 205
enclosing sinks and water-closets to be
removed 122, 123 245, 246
enclosing water-closets in, forbidden 47, 78 166, 205
WORKINGMAN'S DWELLING
reducing cost of 34 139
YARD
front, definition 2 (6) 37
rear, definition 2 (6) 37
side, definition 2 (6) 37
water-closets prohibited 124 246
YARDS 2 (6), 22 37, 82
access to 22, 57 82, 193
definition 2 (6) 37
front, not required 22 84
garage and rear yard requirements 23 92
minimum size of, not to be decreased
by any building 29, 72 125, 200
proportionate size of 295
rear, size of 22 82
relation of rear to height of building 25 1 15, 1 16
relation to alleys 22 87
side, not required for new dwellings 24 94
side, size of 24, 72 94, 1 10, 200, 295
size of 22, 24, 29, 72 82, 94, 125, 200
table showing depths required to rear 23 91
to be concreted if required 45 164
to be graded and drained 45 164
to be kept clean 101 . 220
YORKSHIP VILLAGE
group houses 24 109
ZONING LAWS
conflict with 7, 1 58 63, 286
control of store buildings by 29 127
height limitation 21 77, 78
relation of hotels to 21 76
430
NATIONAL HOUSING ASSOCIATION
PUBLICATIONS*
MISCELLANEOUS PAMPHLETS
What Bad Housing Means to the Community — 6xn EDITION. By
ALBION FELLOWS BACON. No. 6
One Million People in Small Houses — 3o EDITION. By HELEN
L. PARRISH. No. 7
Housing and Health — 4TH EDITION. By LAWRENCE VEILLER. No. 9
Low Priced Housing for Wage Earners. By J. G. SCHMIDLAPP.
No. 34
Industrial Housing. By JOHN NOLEN. No. 35
Industrial Housing. By LAWRENCE VEILLER. No. 36
What Types of Houses to Build. By PERRY R. MACNEILLE. No. 37
The Districting of Cities. By LAWSON PURDY. No. 38
The Menace of the Three Decker. By PRESCOTT F. HALL. No. 39
Indian Hill— An Industrial Village for the Norton Co. By
CHARLES C. MAY. No. 40
The After-Care of a Housing Law. By ALBION FELLOWS BACON.
No. 43
Organizing the Housing Work of a Community. By BERNARD
J. NEWMAN. No. 44
"Industrial Housing Developments in America." Eclipse
Park, Beloit, Wis. By LAWRENCE VEILLER. No. 46, Sawyer
Park, Williamsport, Pa. By LAWRENCE VEILLER. No. 47
The Industrial Village. By JOHN NOLEN. No. 50
The Challenge of the Housing Problem. By NOBLE FOSTER
HOGGSON. No. 51
Triumphing Over the Gridiron Plan. By LAWRENCE VEILLER.
No. 52
Good Housing as a Reducer of Labor Turnover. By BOYD FISHER.
No. 53
The Cost and Value of Good Housing to our Industrial Life. By
LESLIE H. ALLEN. No. 54
Single copies of the above pamphlets may be obtained from the National Housing
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"Housing Betterment"
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general information concerning the housing movement in all its aspects. 90 pages.
Circulation limited strictly to members.
"Housing Problems in America"
Proceedings of the various National Conferences on Housing in America. Cloth
bound books of uniform size published under this title, running from 400 to 550
pages.
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LIBRiRV
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