guarded by metal hoods placed at least nine inches below the ceiling. A ventilating pipe connected with a hood over a range shall be at least nine inches from all lath and plaster or woodwork, and shielded. If the pipe is less than nine inches from lath and plaster and woodwork, then the pipe shall be covered with one inch of asbestos plaster on wire mesh. No ventilating pipe connected with a hood over a range shall pass through any floor. Laundry stoves on wood or combustible floors shall have a course of bricks, laid on metal, on the floor under and extended twenty-four inches on all sides of them. All stoves for heating purposes shall be properly supported on iron legs resting on the floor three feet from all lath and plaster or woodwork; if the lath and plaster or woodwork is properly protected by a metal shield, then the distance shall be not less than eighteen inches. A metal shield shall be placed under and twelve inches in front of the ash pan of all stoves that are placed on wood floors. All low gas stoves shall be placed on iron stands, or the burners shall be at least six inches above the base of the stoves, and metal guard plates placed four inches below the burners, and all woodwork under them shall be covered with metal. (Id., sec. 87, rev. from L. 1882, ch. 410, § 490.)

§ 88. Notice as to Heating Apparatus.- In cases where hot water, steam, hot air or other heating appliances or furnaces are hereafter placed in any building, or flues or fireplaces are changed or enlarged, due notice shall first be given to the Department of Buildings by the person or persons placing the said furnace or furnaces in said building, or by the contractor or superintendent of said work. (Id., sec. 88, rev. from L. 1882, ch. 410, § 490, as amend.)

§ 89. Gas and Water Pipes.- Every building, other than a dwelling house hereafter erected, and all factories, hotels, churches, theatres, schoolhouses and other buildings of a public character now erected in which gas or steam is used for lighting or heating, shall have the supply pipes leading from the street mains provided each with a stopcock placed in the sidewalk at or near the curb, and so arranged as to allow of shutting off at that point. No gas, water or other pipes which may be introduced into any building shall be let into the beams unless the same be placed within thirty-six inches or than two inches in depth. All said pipes shall be installed in accordance with the rules and regulations prescribed by the Board of Buildings. All gas brackets shall be placed at least three feet below any ceiling or woodwork, unless the same is properly protected by a shield; in which case the distance shall be not less than eighteen inches. No swinging or folding gas bracket shall be placed against any stud partition or woodwork. No gas bracket on any lath and plaster partition or woodwork shall be less than five inches in length, measured from the burner to the plaster surface or woodwork. Gaslights placed near

window curtains or any other combustible material shall be protected by a proper shield. (Id., sec. 89, rev. from L. 1882, ch. 410, § 490, as amend.)

Part 17.- Roofs, Leaders, Cornices, Bulkheads, Scuttles and Tanks. § 90. Mansard Roofs.- If a mansard or other roof of like character having a pitch of over sixty degrees be placed on any building, except a wood building, or a dwelling house not exceeding three stories nor more than forty feet in height, it shall be constructed of iron rafters and lathed with iron or steel on the inside and plastered, or filled in with fireproof material not less than three inches thick, and covered with metal, slate or tile. (Id., sec. 90, rev. from L. 1882, ch. 410, § 493, as amend.)

§ 91. Cornices and Gutters.- On all buildings hereafter erected within the fire limits, the exterior cornices, inclusive of those on show windows, and gutters shall be of some fireproof material. All fireproof cornices shall be well secured to the walls with iron anchors, independent of any woodwork. In all cases the walls shall be carried up to the planking of the roof. Where the cornice projects above the roof the walls shall be carried up to the top of the cornice. The party walls shall in all cases extend up above the planking of the cornice and be coped. All exterior wooden cornices that may now be or that may hereafter become unsafe or rotten shall be taken down, and if replaced, shall be constructed of some fireproof material. All exterior cornices of wood or gutters that may hereafter be damaged by fire to the extent of one-half shall be taken down, and if replaced shall be constructed of some fireproof material; but if not damaged to the extent of one-half, the same may be repaired with the same kind of material of which they were originally constructed. (Id., sec. 91, rev. from L. 1882, ch. 410, § 493, as amend.)

§ 92. Bulkheads on Roofs and Scuttles.- Bulkheads used as inclosures for tanks and elevators, and coverings for the machinery of elevators and all other bulkheads, including the bulkheads of all dwelling houses more than four stories in height hereafter erected or altered, may be constructed of hollow fireproof blocks; or of wood covered with not less than two inches of fireproof material, or filled in the thickness of the studding with such material, and covered on all outside surfaces with metal, including both surfaces and edges of doors All such buildings shall have scuttles or bulkheads covered with some fireproof materials, with ladders or stairs leading thereto, and easily accessible to all occupants. No scuttle shall be less in size than two by three feet. No staging or stand shall be constructed or occupied upon the roof of any building without first obtaining the approval of the Commissioner of Buildings having jurisdiction. (Id., sec. 92, rev. from L. 1882, ch. 410, § 493, as amend.)

§ 93. Tanks.- Tanks containing more than 500 gallons of water or other fluid hereafter placed in any story, or on the roof or above the roof of any building now or hereafter erected, shall be supported on iron or steel beams of sufficient strength to safely carry the same; and the beams shall rest at both their ends on brick walls or on iron or steel girders or iron or steel columns or piers of masonry. Underneath any said water tank or on the side near the bottom of the same, there shall be a short pipe or outlet, not less than four inches in diameter, fitted with a suitable valve having a lever or wheel handle to same, so that firemen or others can readily discharge the weight of the fluid contents from the tank, in case of necessity. Such tanks shall be placed where practicable at one corner of a building, and shall not be placed over nor near a line of stairs. Covers on top of water tanks placed on roofs, if of wood, shall be covered with tin. (Id., sec. 93.)

§ 94. Roofing and Leaders Within the Fire Limits.-- The planking and sheathing of the roofs of buildings shall not in any case be extended across the side or party wall thereof. Every building and the tops and sides of every dormer window thereon shall be covered and roofed with brick, tile, slate, tin, copper, iron; or plastic slate, asphalt, slag, or gravel may be used, provided such roofing shall be composed of not less than five layers of roofing felt, cemented together and finished with not less than ten gallons of coal tar, pitch or asphalt to each 100 square feet of roof, or such other quality of fireproof roofing as the Board of Buildings, under its certificate, may authorize, and the outside of the frames of every dormer window hereafter placed upon any building shall be made of some fireproof material. No wood building within the fire limits more than two stories or above twenty feet in height above the curb level to the highest part thereof, which shall require roofing, shall be roofed with any other roofing or covered except as aforesaid. Nothing in this section shall be construed to prohibit the repairing of any shingle roof, provided the building is not altered in height. All buildings shall be kept provided with proper metallic leaders for conducting water from the roofs in such manner as shall protect the walls and foundations of said buildings from injury. In no case shall the water from the said leaders be allowed to flow upon the sidewalk, but the same shall be conducted by pipe or pipes to the sewer. If there be no sewer in the same street upon which such buildings front, then the water from said leader shall be conducted by proper pipe or pipes, below the surface of the sidewalk to the street gutter. (Id., sec. 94, rev. from L. 1882, ch. 410, § 494, as amend.)

Part 18.- Elevators, Hoistways and Dumb-waiters.

§ 95. Elevators and Hoistways.- In any building in which there shall be any hoistway or freight elevator or wellhole

not inclosed in walls constructed of brick or other fireproof material and provided with fireproof doors, the openings thereof through and upon each floor of said building, shall be provided with and protected by a substantial guard or gate and with such good and sufficient trap-doors as may be directed and approved by the Department of Buildings; and when in the opinion of the Commissioner of Buildings having jurisdiction, automatic trap-doors are required to the floor openings of any uninclosed freight elevator, the same shall be constructed so as to form a substantial floor surface when closed, and so arranged as to open and close by the action of the elevator in its passage either ascending or descending. The said Commissioner of Buildings shall have exclusive power and authority to require the openings of hoistways or hoistway shafts, elevators and wellholes in buildings to be inclosed or secured by trap-doors, guards or gates and railings. Such guards or gates shall be kept closed at all times, except when in actual use, and the trapdoors shall be closed at the close of the business of each day by the occupant or occupants of the building having the use or control of the same. (Id., sec. 95, rev. from L. 1882, ch. 410, § 492, as amend.)

It is the duty of an owner of a building to protect a hatchway by a suitable railing. McRickard vs. Flint, 114 N. Y. 222; Atkinson vs. Abraham, 45 Hun, 238. And see Malloy vs. N. Y. Real Est. Assn., 156 N. Y. 205.

§ 96. Elevator Inclosures. All elevators hereafter placed in any building, except such fireproof buildings as have been or may be hereafter erected, shall be inclosed in suitable walls of brick or with a suitable framework of iron and burnt-clay filling, or of such other fireproof material and form of construction as may be approved by the Department of Buildings, except that the inclosure walls in non-fireproof buildings over five stories high, used as warehouses or factories shall be of brick. If the inclosure walls are of brick, laid in cement mortar, and not used as bearing walls, they may be eight inches in thickness for not more than fifty feet of their uppermost height, and increasing in thickness four inches for each lower fifty feet portion or part thereof. Said walls or construction shall extend through and at least three feet above the roof. All openings in the said walls shall be provided with fireproof shutters or fireproof doors, made solid for three feet above the floor level, except that the doors used for openings in buildings intended for the occupancy of one family may be of wood covered on the inner surface and edges with metal, not including the openings in the cellar, nor above the roof in any such shaft walls. The roofs over all inclosed elevators shall be made of fireproof materials, with a skylight at least three-fourths the area of the shaft, made of glass set in iron frames. When the shaft does not extend to the ground the lower end shall be inclosed in fireproof material. (Id., sec. 96, as amend. by ord. app. June 26, 1902.)

§ 97. Dumb-waiter Shafts.- All dumb-waiter shafts, except such as do not extend more than three stories above the cellar or basement in dwelling houses, shall be inclosed in suitable walls of brick or with burnt-clay blocks, set in iron frames of proper strength, or fireproof blocks strengthened with metal dowels, or such other fireproof material and form of construction as may be approved by the Commissioner of Buildings having jurisdiction. Said walls or construction shall extend at least three feet above the roof and be covered with a skylight at least three-fourths the area of the shaft, made with metal frames and glazed. All openings in the inclosure walls or construction shall be provided with self-closing fireproof doors. When the shaft does not extend to the floor level of the lowest story, the bottom of the shaft shall be constructed of fireproof material. (Id., sec. 97.)

§ 98. Elevators in Staircase Inclosures.- Open grillwork inclosures for passenger elevators, not extending below the level of the first floor, may be erected in staircase inclosures in buildings where the entire space occupied by the stairs and elevators is inclosed in brick or stone walls, and the stairs are constructed as specified in section 53 of this Code. (Id., sec. 98, rev. from L. 1882, ch. 410, § 492, as amend.)

§ 99. Elevators in Existing Hotels.- In every non-fireproof building used or occupied as a hotel, in which there is an elevator not inclosed in fireproof shafts, such elevator shall be inclosed in suitable walls, constructed and arranged as in this Code required for elevator shafts. (Id., sec. 99, rev. from L. 1882, ch. 410, § 492, as amend.)

§ 100. Screen Under Elevator Sheaves.- Immediately under the sheaves at the top of every elevator shaft in any building there shall be provided and placed a substantial grating or screen of iron or steel, of such construction as shall be approved by the Department of Buildings. sec. 100, rev. from L. 1882, ch. 410, § 492, as amend.)

(Id.,

§ 101. Inspection of Elevators.- The Commissioners of Buildings shall cause an inspection of elevators carrying passengers or employees to be made at least once every three months, and shall make regulations for the inspection of such elevators with a view to safety; and shall also prescribe suitable qualifications for persons who are placed in charge of the running of such elevators. The regulations shall require any repairs found necessary to any such elevators to be made without delay by the owner or lessee. In case defects are found to exist which endanger life or limb by the continued use of such elevator, then, upon notice from the Department of Buildings, the use of such elevator shall cease, and it shall not again be used until a certificate shall be first obtained from said department that such elevator has been made safe. No person shall employ or permit any person to be in charge of running any passenger elevator who does not possess the qualifications prescribed therefor.