Every freight elevator or lift shall have a notice posted conspicuously thereon as follows: "Persons riding on this elevator do so at their own risk." (Id., sec. 101, rev. from L. 1882, ch. 410, § 492, as amend.)

Part 19.- Fire Appliances, Fire-escapes and Fireproof Shutters and Doors.

§ 102. In every building now erected, unless already provided with a three-inch or larger vertical pipe, which exceeds 100 feet in height, and in every building hereafter to be erected exceeding eighty-five feet in height, and when any such building does not exceed 150 feet in height, it shall be provided with a four-inch standpipe, running from cellar to roof, with one two-way three-inch Siamese connection to be placed on street above the curb level, and with one two and one-half-inch outlet, with hose attached thereto on each floor, placed as near the stairs as practicable; and all buildings now erected, unless already provided with a three-inch or larger vertical pipe, or hereafter to be erected, exceeding 150 feet in height, shall be provided with an auxiliary fire apparatus and appliances, consisting of water tank on roof, or in cellar, standpipes, hose, nozzles, wrenches, fire extinguishers, hooks, axes, and such other appliances as may be required by the Fire Department — all to be of the best material and of the sizes, patterns and regulation kinds used and required by the Fire Department. In every such building a steam or electric pump and at least one passenger elevator shall be kept in readiness for immediate use by the Fire Department during all hours of the night and day, including holidays and Sundays. The said steam or electric pumps, if located in the lowest story, shall be placed not less than two feet above the floor level. All the wires and cables which supply power to the electric pumps shall be covered with fireproof material, or protected in such other manner as to prevent the destruction or damage of said cables and wires by fire. The boilers which supply power to the passenger elevators and steam or electric pumps, if located in the lowest story, shall be so surrounded by a dwarf brick wall laid in cement mortar, or other suitable permanent waterproof construction, as to exclude water to the depth of two feet above the floor level from flowing into the ash pits of said boilers. When the level of the floor of the lowest story is above the level of the sewer in the street a large cesspool shall be placed in said floor and connected by a four-inch cast-iron drain pipe with the street sewer. Standpipes shall not be less than six inches in diameter for all buildings exceeding 150 feet in height. All standpipes shall extend to the street and there be provided at or near the sidewalk level with the Siamese connections. Said standpipes shall also extend to the roof. Valve outlets shall be provided on each and every story, incluýling the basement and cellar and on the roof. All valves, hose, tools,

and other appliances provided for in this section shall be kept in perfect working order, and once a month the person in charge of said building shall make a thorough inspection of the same to see that all valves, hose and other appliances are in perfect working order and ready for immediate use by the Fire Department. If any of the said buildings extend from street to street, or form an L shape, they shall be provided with standpipes for each street frontage. In such buildings as are used or occupied for business or manufacturing purposes there shall be provided, in connection with said standpipe or pipes, two and one-half-inch perforated iron pipes placed on and along the ceiling line of each floor below the first floor, and extending to the full depth of the building. Said perforated pipe shall be provided with a valve placed at or near the standpipe, so that water can be let into same when deemed necessary by the firemen, or in lieu of such perforated pipes automatic sprinklers may be put in. When the building is twenty-five feet or less in width two lines of perforated pipe shall be provided, and one line additionally for each twelve and onehalf feet, or part thereof, that the building is wider than twenty-five feet. A suitable iron plate with raised letters shall be fastened to the wall near said standpipes, to read: "This standpipe connects to perforated pipes in the cellar." (Id., sec. 102, as amend. by.ord. app. June 15, 1903.)

§ 103. Fire-escapes. Every dwelling-house occupied by or built to be occupied by three or more families, and every building already erected, or that may hereafter be erected, more than three stories in height, occupied and used as a hotel or lodging-house, and every boarding-house having more than fifteen sleeping rooms above the basement story, and every factory, mill, manufactory or workshop, hospital, asylum or institution for the care or treatment of individuals, and every building three stories and over in height used or occupied as a store or workroom, and every building in whole or in part occupied or used as a school or place of instruction or assembly, and every office building five stories or more in height, shall be provided with such good and sufficient fire-escape, stairways or other means of egress in case of fire as shall be directed by the Department of Buildings; and said department shall have full and exclusive power and authority within said city to direct fire-escapes and other means of egress to be provided upon and within said building or any of them. The owner or owners of any building upon which a fire-escape is erected shall keep the same in good repair and properly painted. No person shall at any time place any incumbrance of any kind whatsoever before or upon any fire-escape, balcony or ladder. It shall be the duty of every fireman and policeman who shall discover any fire-escape, balcony or ladder of any fire-escape incumbered in any way to forthwith report the same to the commanding officer of his company or precinct, and such

commanding officer shall forthwith cause the occupant of the premises or apartment to which said fire-escape, balcony or ladder is attached, or for whose use the same is provided, to be notified, either verbally or in writing, to remove such incumbrance and keep the same clear. If said notice shall not be complied with by the removal forthwith of such incumbrance, and keeping said fire-escape, balcony or ladder free from incumbrance, then it shall be the duty of said commanding officers to apply to the nearest police magistrate for a warrant for the arrest of the occupant or occupants of the said premises or apartments of which the fireescape forms a part, and the said parties shall be brought before the said magistrate, as for a misdemeanor; and, on conviction, the occupant or occupants of said premises or apartment shall be fined not more than ten dollars for each offense, or may be imprisoned not to exceed ten days, or both, in the discretion of the court. In constructing all balcony fire-escapes the manufacturer thereof shall securely fasten thereto, in a conspicuous place, a cast-iron plate having suitable raised letters on the same, to read as follows: "Notice: Any person placing any incumbrance on this balcony is liable to a penalty of ten dollars and imprisonment for ten days."

All buildings requiring fire-escapes shall have stationary iron ladders leading to the scuttle opening in the roof thereof, and all scuttles and ladders shall be kept so as to be ready for use at all times. If a bulkhead is used in place of a scuttle it shall have stairs with sufficient guard or hand-rail leading to the roof. In case the building shall be a tenement house the door in the bulkhead or any scuttle shall at no time be locked, but may be fastened on the inside by movable bolts or hooks. (Id., sec. 103, rev. from L. 1882, ch. 410, § 498, as amend.)

The

This provision is a police regulation and constitutional. notice mentioned must, however, be given by the proper official heads and not subordinate officers. Fire Dept. vs. Sturtevant, 33 Hun, 407. And such power is continuous. Fire Dept. vs. Chapman, 10 Daly, 377. But it is the duty of an owner to erect fire-escapes without waiting for such notice. McLaughlin vs. Armfield, 58 Hun, 376; also see Greenhaus vs. Alter, 30 App. Div. 585. The State Labor Law does not repeal the charter provision giving jurisdiction to Building Department. City of N. Y. vs. Trustees Sailors' Snug Harbor, 85 App. Div. 355. The act applies to two buildings used as one, having in all more than fifteen bedrooms. Dept. Buildings N. Y. vs. Field, 12 App. Div. 258. An owner is not liable under the common law for failure to supply fire-escapes. Pauley vs. Steam Gauge Co., 131 N. Y. 90.

§ 104. Fireproof Shutters and Doors.-Every building which is more than two stories in height above the curb level, except dwelling houses, hotels, schoolhouses and churches, shall have doors, blinds or shutters made of iron, hung to iron hanging frames or to iron eyes built into the wall, on every exterior window and opening above the first story thereof, excepting on the front openings of buildings fronting on streets which are more than thirty feet in

width, or where no other buildings are within thirty feet of such openings. The said doors, blinds or shutters may be constructed of pine or other soft wood of two thicknesses of matched boards at right angles with each other, and securely covered with tin on both sides and edges, with folded lapped joints, the nails for fastening the same being driven inside the lap; the hinges and bolts or latches shall be secured or fastened to the door or shutter after the same has been covered with the tin, and such doors or shutters shall be hung upon an iron frame independent of the woodwork of the windows and doors, or two iron hinges securely fastened in the masonry; or such frames, if of wood, shall be covered with tin in the same manner as the doors and shutters. All shutters opening on fire-escapes, and at least one row, vertically, in every three rows on the front window openings above the first story of any building, shall be so arranged that they can be readily opened from the outside by firemen. All rolling iron or steel shutters hereafter placed in the first story of any building shall be counterbalanced so that said rolling shutters may be readily opened by the firemen. No building hereafter erected other than a dwelling house or fireproof building shall have inside iron or steel shutters to windows above the first story. All windows and openings above the first story of any building may be provided with other suitable protection, or may be exempted from having shutters by the Board of Buildings or the Board of Examiners, as the case may be. All buildings specified in this section hereafter erected or altered having openings in interior walls shall be provided with suitable fireproof doors where deemed necessary by the Commissioner of Buildings having jurisdiction. All occupants of buildings shall close all exterior and interior fireproof shutters, doors and blinds at the close of the business of each day. (Id., sec. 104, rev. from L. 1882, ch. 410, § 491, as amend.)

Part 20.- Fireproof Buildings.

§ 105. Fireproof Buildings. Every building hereafter erected or altered, to be used as a hotel, lodging house, school, theatre, jail, police station, hospital, asylum, institution for the care or treatment of persons, the height of which exceeds thirty-five feet, excepting all buildings for which specifications and plans have been heretofore submitted to and approved by the Department of Buildings, and every other building the height of which exceeds seventy-five feet, except as herein provided, shall be built fireproof; that is to say, they shall be constructed with walls of brick, stone, Portland cement concrete, iron or steel, in which wood beams or lintels shall not be placed, and in which the floors and roofs shall be of materials provided for in section 106 of this Code. The stairs and staircase landings shall be built entirely of brick, stone, Portland cement concrete, iron or steel. No woodwork or other

tected by a metal shield, when the distance shall be not less than one foot. Wood floors under all portable furnaces shall be protected by two courses of brickwork well laid in mort on sheet iron. Said brickwork shall extend at least tw beyond the furnace in front of the as an. (Id., rev. from L. 1882, ch. 410, § 490, as a

§ 85. Registers.- Registers locat shall be supported by a brick shaft of the hot-air chamber; said sha metal pipe, and all wood beams s less than four inches from it. V on any woodwork in connection the end of the said pipe or duct s woodwork und in any woody iron borders All register iron with a f the register space of two ing from the ceiling below tin or galvan be turned un in the floor sides of the r When only o register shall ch. 410, § 490, § 86. Drying inclosing dryin shall be wire tile or other ha § 87. Ranges from twelve to said partition the height of if the range i studs shall be one foot wide the said stud plastered ther and beams tha three inches able brick fo courses of br

small ranges have ash pan shall be place iron or ceme wall. All lat ranges and