Sidebilder
PDF
ePub

to more than one-half of such value thereof, exclusive of the value of the foundation, then such building shall not be repaired or rebuilt, but shall be taken down, except as provided in this Code. In case the owner of the damaged building shall be dissatisfied with the decision of the Commissioner of Buildings having jurisdiction that such building is damaged to a greater extent than one-half of its value, exclusive of the value of the foundation, then the amount and extent of such damage shall be determined upon an examination of the building by one Surveyor, who shall be appointed by the Commissioner of Buildings having jurisdiction, and one Surveyor who shall be appointed by the owner or owners of said premises. In case these two Surveyors do not agree, they shall appoint a third Surveyor to take part in such examination, and a decision of a majority of them reduced to writing and sworn to, shall be conclusive, and such building shall in no manner be repaired or rebuilt until after such decision shall have been rendered. (Id., sec. 145, rev. from L. 1882, ch. 410, § 497, as amend.)

§ 146. Frame Buildings Outside of Fire Limits.- The provisions of this section shall apply to frame or other buildings hereafter erected outside of the fire limits, as the same are now or may hereafter be established, in portions of The City of New York where streets are now and where they may hereafter be legally established. Three-story frame buildings may be erected to a height of forty feet, said height being taken from the curb-line, where same exists, at the centre of front or side of building on which main entrance to upper floors is located. Where the walls of a building do not adjoin the street or building line then the average level of the ground on which the building stands may be taken in place of the curb-line. The measurement for height shall be to the highest point of roof beams in case of flat roof buildings, and to the average height of gable or roof in case of pitched roofs. Towers, turrets and minarets of wood may be erected to a height not to exceed fifteen feet greater than the foregoing limited height, except that the spires of churches may be erected of wood to a height not exceeding ninety feet from the ground. All footings or bottom stones shall be at least six inches wider on each side than bottom width of foundation walls above, except where the outside of the foundation wall sets on the property line, in which case six inches wider on the inside shall be sufficient. The thickness of footings shall be not less than eight inches, if of stone, and not less than twelve inches if of concrete.

Foundations for frame structures shall be laid not less than four feet below the finished surface of the earth or upon the surface where there is rock bottom, or upon piles or ranging timbers where found necessary. The foundation walls of frame structures exceeding fifteen feet in height, if of stone, shall be not less than eighteen inches

thick, and if of brick not less than twelve inches to the grade and eight inches thick to the under side of the sill. If the foundation and first story walls are constructed of brick the foundation walls shall be not less than twelve inches thick to the first tier of beams and eight inches thick from first tier to second tier of beams; or if these walls are constructed of stone they shall be not less than twenty inches for the foundation wall and eighteen inches for the first story wall; and if the walls are faced with stone ashlar the total thickness shall be four inches greater than in this section specified. In the foundation walls there may be recesses not more than eight feet long for stairs, with brick walls not less than eight inches thick. All chimneys in frame buildings shall be built of brick or stone or other fireproof material. If of brick the flues shall have walls at least eight inches thick, except where flues are lined with burnt-clay pipe, in which case the walls around flues may be four inches thick. All flue linings shall extend at least one foot above the roof boards. Where chimneys are built of stone the walls of the flues shall be not less than eight inches on all sides, and shall be lined with burnt-clay pipe. All chimneys shall be topped out at least four feet above the highest point of contact with the roof, and be properly capped. Chimneys in party walls or serving two rooms on the same floor may be built in the walls or partitions; elsewhere, they shall be built inside of the frame, except in the case of ornamental or exposed chimneys. In no case shall a frame building be erected within three feet of the side or rear line of a lot, unless the space between the studs on any such side be filled in solidly with not less than two and one-half inches of brickwork or other fireproof material. When two or more such buildings are built continuous, the party or division studding shall be not less than four inches thick and filled in solidly with brickwork or other fireproof material extending to the under side of roof boards. When the division walls are of brick they shall be not less than eight inches thick above the foundation wall and extending to under side of roof boards, and the ends of the floor beams shall be so separated that four inches of brick will be between the beams where they rest on said walls. The sills of all frame dwellings, except where the first floor is used for store or business purposes, shall be not less than two feet above the ground to the under side of same. All frame or wood buildings exceeding a height of fifteen feet shall be built with sills, posts, girts, plates and rafters, all of suitable size and properly framed and braced with suitable studs or planks set at proper distance apart; but this shall not prohibit the use of balloon framing. The floor beams and rafters shall be not less than two inches in thickness. The covering of roof may be of shingle. The walls of light, vent and dumb-waiter shafts, whether exterior or interior, in frame buildings, may be constructed of frame. Posts of

locust or other hard wood and wood girders may be used instead of brick fore-and-aft partitions in cellars of frame buildings, and it shall not be necessary to use metal or wire lath for the ceilings of cellars or lowest floors of any frame building. The cellar stairs in frame buildings may be placed directly under main stairs, and no brick wall shall be necessary to inclose the same; nor shall areas be required to be built across the front of frame buildings except where the cellar or basement is used for living purposes. The regulations governing plumbing, drainage and heating, also steam and hot-air pipes and registers, where the same extend through or along stud partitions, shall also apply to frame buildings. Frame buildings may be altered, extended, raised or repaired, provided the new portions comply with the provisions of this section. No frame building exceeding three stories in height shall hereafter be erected to be occupied by more than six families, nor shall any frame building already erected be altered to be occupied by more than six families, nor more than three stories in height. Outside of the fire limits, when any brick or stone building is to be erected of a class that could, under this Code, be constructed of wood, the Commissioner of Buildings having jurisdiction is hereby authorized and directed to allow reasonable modifications of this Code relating to brick buildings, in consideration of incombustible material being used for walls instead of wood. (Id., sec. 146.)

[ocr errors]

§ 147. Frame Buildings; Where Streets Are Not Established. Within portions of The City of New York where streets have not been or are not legally established and are outside of the prescribed fire limits, no building or structure other than small outhouses shall be erected without first filing plans and a detailed statement of the proposed construction and obtaining an approval therefor, as provided in section 4 of this Code. Within the said portions of The City of New York, hotels, tenement houses for occupancy by not more than six families, and places of public assembly may be built of wood, but shall in all other respects comply with the several provisions of this Code, relating to such structures; but for all other buildings or structures only so much of the requirements, regulations and restrictions of this Code shall apply as in the opinion of the Commissioner of Buildings having jurisdiction may be necessary for safety and health. The purpose of this section is to permit greater freedom in construction and in plumbing and drainage of buildings in the outlying and undeveloped portions of The City of New York than in those portions where a street system has been adopted by the municipality or established by law. (Id., sec. 147.)

Part 29.- Appeals and Modifications of Laws.

148. The Board of Buildings.— Each Commissioner of Buildings shall have power, with the approval of the board.

to vary or modify any rule or regulation of the board, or the provisions of chapter 12 of the Greater New York Charter, or of any existing law or ordinance relating to the construction, alteration or removal of any building or structure erected or to be erected within his jurisdiction, pursuant to the provisions of section 650 of the Greater New York Charter. (Id., sec. 148.)

§ 149. Board of Examiners.- The Board of Examiners for the Boroughs of Manhattan and The Bronx shall be constituted as prescribed by section 649 of the Greater New York Charter. Each of said Examiners shall take the usual oath of office before entering upon his duties. No member of said Board shall pass upon any question in which he is pecuniarily interested. The said board shall meet as often as once in each week upon notice from the Commissioner of Buildings.

The members of said Board of Examiners, and the Clerk of said board, shall each be entitled to and shall receive ten dollars for each attendance at a meeting of said board, to be paid by the Comptroller from the annual appropriation to be made therefor upon the voucher of the Commissioner of Buildings for the Boroughs of Manhattan and The Bronx. (Id., sec. 149.)

Part 30.- Violations and Penaltics. Courts Having Jurisdiction.

§ 150. Violations and Penalties.-The owner or owners of any building, structure or part thereof, or wall, or any platform, staging or flooring to be used for standing or seating purposes where any violation of this Code shall be placed, or shall exist, and any architect, builder, plumber, carpenter or mason who may be employed or assist in the commission of any such violation, and any and all persons who shall violate any of the provisions of this Code or fail to comply therewith, or any requirement thereof, or who shall violate or fail to comply with any detailed order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications or plans, submitted and approved thereunder, or of any certificate or permit issued thereunder, shall severally, for each and every such violation and non-compliance, respectively, forfeit and pay a penalty in the sum of fifty dollars. Except that any such person who shall violate any of the provisions of this Code, as to the construction of chimneys, fireplaces, flues, hot-air pipes and furnaces, or who shall violate any of the provisions of this Code, with reference to the framing or trimming of timbers, girders, beams, or other woodwork in proximity to chimney flues or fireplaces, shall forfeit and pay a penalty in the sum of $100. But if any said violation shall be removed or be in process of removal within ten days after the service of a notice as hereinafter prescribed, the liability of such a penalty shall cease, and the Corporation Counsel, on request of the Commissioner of

Buildings having jurisdiction, shall discontinue any action pending to recover the same, upon such removal or the completion thereof within a reasonable time. Any and all of the aforementioned persons who having been served with a notice as hereinafter prescribed, to remove any violation, or comply with any requirement of this Code, or with any order or regulation made thereunder, shall fail to comply with said notice within ten days after such service or shall continue to violate any requirement of this Code in the respect named in said notice shall pay a penalty of $250. For the recovery of any said penalty or penalties an action may be brought in any municipal court, or court of record, in said city in the name of The City of New York; and whenever any judgment shall be rendered therefor, the same shall be collected and enforced, as prescribed and directed by the Code of Civil Procedure of the State of New York. The Commissioner of Buildings having jurisdiction, through the Corporation Counsel, is hereby authorized, in his discretion, good and sufficient cause being shown therefor, to remit any fine or fines, penalty or penalties, which any person or persons may have incurred, or may hereafter incur, under any of the provisions of this Code; but no fine or penalty shall be remitted for any such violation until the violation shall have been removed. Said remission shall also operate as the remission of the costs obtained in such action. (Id., sec. 150, rev. from L. 1882, ch. 410, § 505, as amend.)

An inspector of a department has no power to change the plans and specifications as fixed by the head of the department. Health Dept. vs. Hamm, 4 Misc. 602, 24 N. Y. Supp. 730. Nor will the approval of a minor official, as to a change, be a defense to an action to recover a penalty. Fire Department vs. Buhler, 35 N. Y. 177; Fire Department N. Y. vs. Buffum, 2 E. D. Smith, 511.

§ 151. Courts Having Jurisdiction.- All courts of civil jurisdiction in The City of New York shall have cognizance of and jurisdiction over any and all suits and proceedings by this Code authorized to be brought for the recovery of any penalty and the enforcement of any of the several provisions of this Code, and shall give preference to such suits and proceedings over all others, and no court shall lose jurisdiction of any action by reason of a plea that the title to real estate is involved, provided the object of the action is to recover a penalty for the violation of any of the provisions of this Code. The Corporation Counsel is authorized to institute any and all actions and proceedings, either legal or equitable that may be appropriate or necessary for the enforcement of the provisions of this Code, and all civil courts in said city are hereby invested with full legal and equitable jurisdiction to hear, try and determine all such actions and proceedings, and to make appropriate orders and render judgment therein according to law, so as to give force and effect to the provisions of this Code. Whenever the Commissioner of Buildings having jurisdiction is satisfied

« ForrigeFortsett »