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lowest balcony 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 receive not less than two coats of good paint, one in the shop and one after erection. In addition to the foregoing requirements, all fire escapes hereafter erected upon tenement houses shall he constructed in accordance with such supplementary regulations as may be adopted by the inspector of buildings.
SEC. 39. Scuttles and bulkheads.-Every tenement house hereafter erected exceeding two stories in height shall have in the roof a bulkhead or scuttle not less than 2 by 3 feet in size. Such scuttle or bulkhead shall be covered with metal on the outside and easily accessible to all tenants of the building. 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 to the roof shall be direct and uninterrupted.
SEC. 40. Stairs and public halls.—In every tenement house hereafter erected the stairs and public halls shall each be at least 3 feet 6 inches wide in the clear. All stairs shall be constructed with a rise of not more than 8 inches and with treads not less than 10 inches wide in the clear. Winding stairs will not be permitted unless width of tread is at least 10 inches at a distance of 18 inches from the inner stringer.
SEC. 41. Entrance halls.-Every entrance hall in a tenement house hereafter erected shall be at least 4 feet 6 inches wide in the clear. In every tenement house hereafter erected access shall be had from the street or alley to the yard either in a direct line or through a court.
SEC. 42. Cellar stairs.-In nonfireproof tenement houses hereafter erected exceeding two stories in height the inside cellar stairs shall be inclosed and provided with doors at top or bottom.
SEC. 43. Closet under first-story stairs.-In tenement houses hereafter erected no closet of any kind, unless its four walls and ceiling be fireproof, shall be constructed under any staircase leading from the first story to the upper stories, but such space shall be left entirely open and kept clear and free from incumbrance.
SEC. 44. Cellar entrance.-In every tenement house hereafter erected there shall be an entrance to the cellar or other lowest story from the outside of said building.
SEC. 45. Wooden tenement houses.-No wooden tenement house exceeding two stories in height or arranged to be occupied by more than two families on any floor shall hereafter be erected. And no wooden building not now used as a tenement house shall hereafter be altered or converted to such use so as to be in violation of the provisions of this section.
SEC. 46. Percentage of lot occupied.-No tenement house 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 9 of this act.
SEC. 47. Height.-No tenement house shall be increased in height so that the said building shall exceed one and one-half times the width of the widest street on which it stands.
SEC. 48. Yards.-No tenement house shall hereafter be enlarged or its lot be dimin ished, or other building placed on the lot so that the yard shall be less in size than the minimum sizes prescribed in section 11 of this act for tenement houses hereafter erected.
SEC. 49. Courts in existing buildings. Any court used or intended to be used to light or ventilate rooms or water-closet compartments and which may be hereafter constructed in a tenement house erected prior to the passage of this act shall not be less in area than 64 square feet, nor less than 8 feet in its least dimension in any part, and such court shall under no circumstances be roofed or covered over at the top with a roof or skylight; every such court shall be provided at the bottom with two horizontal air intakes which shall consist of passageways each not less than 3 feet wide and 7 feet high, which shall communicate directly with the street and yard, and shall always
be left open, or be provided with an open gate at each end. Nothing in this section shall apply to existing buildings until same shall be altered or remodeled into a tenement house.
SEC. 50. Additional rooms and halls.--Any additional room or hall that is hereafter constructed or created in a tenement house shall comply in all respects with the provisions of this act, except that such rooms may be of the same height as the other rooms on the same story of the house.
SEC. 51. Alcoves and alcove rooms.-No part of any room in a tenement house shall hereafter be inclosed or subdivided, wholly or in part, by a curtain, portière, fixed or movable partition, or other contrivance or device, unless such part of the room so inclosed or subdivided shall contain a window as required by sections 20 and 21 of this act, and have a floor area of not less than 100 square feet.
SEC. 52. Skylights.-All new skylights hereafter placed in a tenement house shall be provided with ridge ventilators having a minimum opening of 40 square inches and also with either fixed or movable louvers or with movable sashes, and shall be of such size as to furnish adequate ventilation.
SEC. 53. Water-closet accommodation.—Every new water-closet hereafter placed in a tenement house, except one provided to replace a defective or antiquated fixture in the same location, shall comply with the provisions of section 34 of this act relative to water-closets in tenement houses hereafter erected.
SEC. 54. Fireproof tenements.-No tenement house shall hereafter be altered so as to exceed three stories in height, exclusive of basement or cellar, unless it shall be a fireproof tenement house.
SEC. 55. Fire escapes.-All fire escapes hereafter constructed on any tenement house shall be located and constructed as prescribed in section 38 of this act.
SEC. 56. Roof stairs.-No stairs leading to the roof in any tenement house shall be removed or replaced with a ladder.
SEC. 57, Stairways.—No public hall or stairs in a tenement house shall be reduced in width so as to be less than the minimum width prescribed in sections 40 and 41 of this act.
SEC. 58. Alteration of wooden tenement houses.-No existing wooden tenement house shall hereafter be increased in height; nor shall it be altered so as to be occupied by more than two families on any floor. No wooden tenement house containing more than two apartments on any floor shall hereafter be enlarged or extended; except that a wooden extension not exceeding in total area 70 square feet may be added to an existing wooden tenement house, provided such extension is used solely for bathrooms or water-closets.
SEC. 59. Public halls, lighting of, in the daytime.-In every tenement house exceeding two stories in height, where the public halls and stairs are not sufficiently lighted, the owner of such hot se shall keep a proper light burning in the hallway, near the stairs, upon each floor, as may be necessary, from sunrise to sunset.
SEC. 60. Public halls, lighting at night.—In every tenement house two stories or more is height, or occupied by four families or more, lighting connections and fixtures shall be installed and a proper light shall be kept burning by the owner in the public hallways, near the stairs, upon every floor of said house, every night from sunset to sunrise throughout the year.
SEC. 61. Water-closets in cellars.-Under no circumstances shall the general watercloset accommodations of any tenement house be permitted in the cellar or basement thereof.
SEC. 62. Water-closet accommodation.-In every tenement house existing prior to the passage of this act there shall be provided at least one water-closet for every two families.
SEC. 63. Basement and cellar rooms.-Hereafter in tenement houses erected prior to
passage of this act no room in the cellar shall be occupied for living purposes; and
no room in the basement of such houses shall be so occupied unless all the following conditions are complied with: Such room shall be at least 7 feet high in every part from the floor to the ceiling. There shall be appurtenant to such room the i se of a watercloset. At least one of the rooms of the apartment of which s ch room is an integral part shall have a window opening directly to the street or yard of at least 12 square feet in size clear of the sash frame, and which shall open readily for purposes of venti. lation. The lowest floor shall be waterproof and damp proof. Such room shall have sufficient light and ventilation, shall be well drained and dry, and shall be fit for human habitation.
SEC. 65. Water-closets and sinks.- In all tenement hot ses the floor or other s rface beneath and around water-closets and sinks shall be maintained in good order and repair, and if of wood and used by more than one family, shall be kept well painted with light-colored paint.
SEC. 66. Repairs.-Every tenement house and all the parts thereof shall be kept in good repair, as to all matters affecting health, safety, or morals, and the roof shall be kept so as not to leak, and all rain water shall be so drained and conveyed therefrom as to prevent its dripping onto the ground or causing dampness in the walls, ceilings, yards, or areas.
SEC. 64. Cellar walls and ceilings.-The cellar walls and ceilings of every tenement house shall be thoroughly whitewashed or painted a light color by the owner and shall be so maintained.
SEC. 67. Water supply.-Every tenement hose more than two stories in height shall have on every floor at least one proper sink with running water frnished in sufficient quantity at one or more places accessible to each family on the floor occ pied by said family, without passing through any other apartment. The owner shall provide proper and suitable tanks, cisterns, pumps, or other appliances to receive and to distribute an adequate and sufficient supply of such water at each floor in the said house, at all times of the year, during all hours of the day and night. But a fail re in the general supply of water by the city authorities shall not be constr ed to be a failure on the part of s ch owner.
SEC. 68. Cisterns.-Where there is no city water supply reasonably accessible, there shall be provided one or more adequate cisterns with a pump or other attachments for drawing water, but with no opening for drawing water with pails or buckets.
SEC. 69. Cleanliness of buildings.-Every tenement house and every part thereof shall be kept clean and free from any accumulation of dirt, filth, rubbish, garbage, of other matter in or on the same, or in the yards, courts, passages, areas, or alleys connected with or belonging to the same.
SEC. 70. Catch basins. In all tenement houses where sinks with running water are not provided inside the house conveniently accessible to the tenants, one catch basin for every four families shall be provided in the yard or court level with the surface thereof, and at a point easy of access to the tenants. Such catch basin shall be properly trapped and connected with the public sewer.
SEC. 71. Walls of courts.-The walls of all courts less than 20 feet in width, unless built of a light-colored brick or stone, shall be thoroughly whitewashed by the owner or shall be painted a light color by him, and shall be so maintained.
SEC. 72. Wall paper.-No wall paper shall be placed upon a wall or ceiling of any tenement house unless the walls and ceilings shall be in sanitary condition to receive
SEC. 73. Receptacles for ashes, garbage, and rubbish.-The owner of every tenement house shall provide for said building proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse, and other matter. Garbage chutes are prohibited, SEC. 74. Prohibited uses.-No horse, cow, calf, swine, sheep, goat, or fowl shall be kept in a tenement house. And no tenement house, or the lot or premises thereof, shall be used for the storage or handling of rags, nor as a place of public assemblage.
SEC. 75. Combustible materials.-No tenement house, 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 articles dangerous or detrimental to life or health, nor for the storage, keeping, or handling of feed, hay, straw, excelsior, cotton, paper stock, feathers, or rags. SEC. 76. Bakeries and fat boiling.—No bakery and no place of business in which fat as boiled shall be maintained in any tenement house which is not fireproof throughout. SEC. 77. Other dangerous businesses.-There shall be no transom, window, or door opening into a hall from any portion of a tenement house where paint, oil, spirituous liquors, or drugs are stored for the purpose of sale or otherwise.
SEC. 78. Overcrowding.—If a room in a tenement house is overcrowded, the board of health may order the number of persons sleeping or living in said room to be so reduced that there shall not be less than 400 cubic feet of air to each adult, and 250 cubic feet of air to each child under 12 years of age occupying such room.
SEC. 79. Infected and uninhabitable houses to be vacated.-Whenever it shall be found by the board of health that a tenement house or any part thereof is infected 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, or ventilation, or in 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 such house the board may issue an order requiring all persons therein to vacate such house or part thereof within not less than 24 hours nor more than 10 days, for the reasons to be mentioned in such order. In case such order is not complied with within the time specified, the board of health may cause such tenement house or part thereof to be vacated. The board, whenever it is satisfied that the danger from such house or part thereof has ceased to exist or that it has become fit for human habitation, may allow such house to be xcupied. An appeal is hereby granted from any decision or order of said board of health declaring any such tenement house unfit or unsafe for human occupation or habitation, which appeal may be taken by any owner, lessee, or agent of said tenement house or by any holder of any lien thereon or any person interested therein, which appeal may be perfected without any bond by the filing with the said board of health, within 10 days after the service of notice of such action by said board, a petition giving notice of the intention of such petitioner to appeal from said decision of order, and thereupon the said board of health shall cause to be transmitted to the clerk of the circuit court of the county in which said tenement house is located a copy of all papers, orders, and entries on file or entered in such matter by the board of health, whereupon the clerk of such circuit court shall docket in such court a suit wherein the State of Indiana shall be plaintiff and the said person so taking such appeal shall be named as defendant, and such proceedings shall be conducted to final termination in the same manner as a civil action, and it shall be the duty of the prosecuting attorney of such county to represent the plaintiff in such proceeding. Upon such appeal the question so passed upon by the said board of health shall be tried de novo, and if it shall be determined by such court that said tenement house was at the date of such decision or order of said board of health unfit or unsafe for human occupation or habitation the judgment in such cause shall be for the plaintiff, and it shall be unlawful for such person appealing to use or occupy said tenement house, which judgment may include an injunction against such defendant prohibiting such use or
SEC. 80. Repairs to buildings.-Whenever any tenement house or any building, structure, excavation, business pursuit, matter, or thing in or about a tenement house or the lot on which it is situated, or the plumbing, sewerage, drainage, light, or ventilation thereof is, in the opinion of the board of health, in a condition or in effect dangerous or detrimental to life or health the department may declare that the same, to the extent it may specify, is a public nuisance and may order the same to be re moved, abated, suspended, altered, or otherwise improved or purified, as the order
shall specify. The board of health may also order or cause any tenement house or part thereof or any excavation, building, structure, sewer, plumbing, pipe, passage, premises, ground, matter, or thing, in or about a tenement house, or the lot on which it is sit uated, to be purified, cleansed, disinfected, removed, altered, repaired, or improved. If any order of the board is not complied with, or so far complied with as the board may regard as reasonable, within 5 days after the service thereof, or within such shorter time as the board may designate, then such order may be executed by said board of health, through its officers, agents, employees, or contractors. In cities having a building inspector the powers and duties devolved by this section upon the board of health shall devolve upon such inspector.
SEC. 81. Fire escapes.-The owner of every tenement house shall keep all the fire escapes thereon in good order and repair, and whenever rusty shall have them properly painted with two coats of paint. No person shall at any time place any incumbrance of any kind before or upon any such fire escape.
SEC. 82. Scuttles, bulkheads, ladders, and stairs.-All scuttles and bulkheads and all stairs or ladders leading thereto shall be easily accessible to all tenants of the building, and 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.
SEC. 83. Rooms, lighting and ventilation of.-No rooms in a tenement house erected prior to the passage of this act shall hereafter be occupied for living purposes unless it shall have a window or windows with a total area of not less than 8 square feet; between the stop beads opening directly upon the street, or upon a yard not less than 10 feet deep, or above the roof of an adjoining building, or upon a court of not less than 25 square feet in area, open to the sky without roof or skylight, unless such room is located on the top floor and is adequately lighted and ventilated by a skylight opening directly to the outer air. Every room which does not comply with the above provisions shall be provided with a sash window not less than 15 square feet between the stop beads opening into an adjoining room in the same apartment which latter room opens directly on the street or on a yard of the above dimensions, by means of a window or windows at least 15 square feet in total area between the stop beads. Said sash window shall be a vertically sliding, pulley-hung sash not less than 3 feet by 5 feet between stop beads. Both halves shall be made so as to readily open and the lower half shall be glazed with translucent glass, and so far as possible it shall be in line with windows in the said outer room opening on the street or yard so as to afford a maximum of light and ventilation.
SEC. 84. Public halls, lighting of.-In every tenement house whenever a public hall on any floor is not light enough in the daytime to permit a person to read ordinary newspaper type in every part thereof without the aid of artificial light, the wooden panels in the doors located at the ends of the public halls and opening into rooms shall be removed and ground glass or other translucent glass or wire glass panels of an aggregate area of not less than 4 square feet for each door shall be substituted; or said public hall may be lighted by a window at the end thereof with the natural direction of the light parallel to the axis of the said hall, said window opening upon the street or upon a yard or court.
SEC. 85. Public halls, lighting and ventilation of.-In all tenement houses erected prior to the passage of this act, the public halls and stairs shall be provided with as much light and ventilation to the outer air as may be practicable. All new skylights hereafter placed in such houses shall be provided with ridge ventilators having a minimum opening of 40 square inches and also with either fixed or movable louvers or with movable sashes, and shall be of such size as may be practicable.
SEC. 86. Sinks. In all tenement houses erected prior to the passage of this act, the woodwork inclosing sinks shall be removed and the space underneath said sinks shall be left open. The floors and wall surfaces beneath and around the sink shall