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be put 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. 87. Water-closets.--In all tenement houses erected prior to the passage of this act, the woodwork inclosing all water-closets shall be removed from the front of said closets, and the space beneath 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 and used by more than one family shall be well painted with light-colored paint. SEC. 88. Basements and cellars.-The floor of the cellar or lowest floor of every tenement house shall be free from dampness and, when necessary, shall be concreted with 4 inches of concrete of good quality and with a finished surface. The cellar ceiling of every tenement house shall be plastered, when necessary to prevent the spread of of damp air.
SEC. 89. Fire escapes.-Every tenement house three or more stories in height exclusive of cellar or basement, unless it is a fireproof tenement house, shall be provided either with outside stairways or fire escapes directly accessible to each apartment without passing through a public hallway. All the fire escapes hereafter erected shall be located and constructed as prescribed in section 38 of this act. No existing fire escape shall be deemed sufficient unless the following conditions are complied with: All parts of it shall be of iron, terra cotta, or stone. Every apartment the floor of which is 12 feet or more above the ground shall have a fire escape balcony directly accessible to it without passing through a public hall. All balconies shall be properly connected with each other by adequate stairs or stationary ladders, with openings not less than 24 by 36 inches. All fire escapes shall have proper drop ladders from the lowest balcony of sufficient length to reach a safe landing place beneath. 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 to the adjoining premises. Prompt and ready access shall be had to all fire escapes, which shall rot be obstructedby 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 altered by the owner to make them so conform in lieu of providing new fire escapes, but no existing fire escape shall be extended or have its location changed except with the written approval of the inspector of buildings.
SEC. 90. Wooden fire escapes.-All wooden floor slats, floors, stairs, ladders, balconies, or other wooden portions of now-existing fire escape shall be removed and replaced with iron.
SEC. 91. Means of egress.-Whenever a tenement house is not provided with sufficient fire escapes or with sufficient means of egress in case of fire, the inspector of buildings may order such additional fire escapes and other means of egress as may be necessary.
SEC. 92. Scuttles, bulkheads, ladders, and stairs.-Every tenement house exceeding two stories in height erected prior to the passage of this act, shall have in the roof a bulkhead or a scuttle which shall not be less than 24 inches by 36 inches. All scuttles shall be covered on the outside with metal and easily accessible to all tenants of the building. No scuttle shall be located in a room, but all scuttles shall be located in the ceiling of the public hall on the top floor, and access through the scuttle to the roof shall be direct and uninterrupted. If located in a closet, said closet shall open from the public hall and the door to it shall be permanently removed, or shall be fastened only by movable bolts or hooks without key locks. When deemed necessary by the inspector of buildings scuttles shall be hinged so as to readily open. 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.
SEC. 93. Permit to commence building.-Before the construction or alteration of a tenement house, or the alteration or conversion of a building for use as a tenement
house, is commenced, and before the construction or alteration of any building or structure on the same lot with a tenement house, the owner, or his agent or architect, shall submit to the board of health or to the inspector of buildings a detailed statement in writing, verified by the affidavit of the person making the same, of the specifications for such tenement house or building, upon blanks or forms to be furnished by such departments, and also full and complete copies of the plans of such work. With such statement there shall be submitted a plat of the lot showing the dimensions of the same, the location of the proposed building and any other buildings on the lot. Such statement shall give in full the name and residence, by street and number, of the owner or owners of such tenement house or building. If such construction, alteration, or conversion 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 every person interested in such tenement house, either as owner, lessee, or in any representative capacity. Said affidavit shall allege that said specifications and plans are true and contain a correct description of such tenement house, building, structure, lot, and proposed work. The statements and affidavits herein provided for may be made by the owner, or the person who proposes to make the construction, alteration, or conversion, 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 departments a written instrument, signed by such owner designating him as such agent. Any false swearing in a material point in any such affidavit shall be deemed perjury.
Such specifications, plans, and statements shall be filed in the said departments and shall be deemed public records, but no such specifications, plans, or statements shall be removed from said departments. The said departments shall cause all such plans and specifications to be examined. If such plans and specifications conform to the provisions of this act they shall be approved and written certificates to the effect shall be issued by said departments, respectively, to the person submitting the same Such department may, from time to time, approve changes in any plans and specifications previously approved, provided the plans and specifications when so changed shall be in conformity with law. The construction, alteration, or conversion of such tenement house, 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 construction, alteration, or conversion of such house, building, or structure, shall be in accordance with such approved specifications and plans. Any permit or approval which may be issued by the board of health or the inspector of buildings 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.
SEC. 94. Certificate of compliance.-No building hereafter constructed as or altered into a tenement house shall be occupied in whole or in part for human habitation until the issuance of a certificate by the board of health that said building conforms in all respects to the requirements of this act relative to the light and ventilation and saritation of tenement houses hereafter erected, nor until the issuance by the inspector of buildings of a certificate that said building conforms in all respects to the requirements of this act relative to fire protection of tenement houses hereafter erected. Such certificates shall be issued within 10 days after written application therefor, if said building at the date of such application shall have been constructed according to the officially approved plans and specifications. In cities having a building inspector the powers and duties provided for by sections 93 and 94 hereof, shall belong exclu sively to such inspector.
SEC. 95. Unlawful occupation.-If any building hereafter constructed as or altered into a tenement house be occupied in whole or in part for human habitation in viola tion of the last section, during such unlawful occupation no rent shall be recoverable
by the owner or lessee of such premises for said period, and no action or special proceedings shall be maintained therefor. And said premises shall be deemed unfit for human habitation and the board of health may cause them to be vacated accordingly. SEC. 96. Penalties for violations.-Every person who shall violate or assist in the violation of any provision of this act shall be guilty of a misdemeanor punishable by imprisonment for 10 days for each and every day that such violation shall continue, or by a fine of not less than $10 nor more than $100 if the offense be not willful, or of $250 if the offense be willful. The owner of any tenement house or part thereof, or of any building or structure upon the same lot with a tenement house, 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 shall also jointly and severally for each such violation and each such nuisance be subject to a penalty of $50. Such persons shall also be liable for all costs, expenses, and disbursements paid or incurred by said departments, 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 notice or order within 5 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 $250. For the recovery of any such penalties, costs, expenses, or disbursements, an action may be brought in any court. of civil jurisdiction.
SEC. 97. Laws repealed.-All laws in conflict with the provisions of this act are hereby repealed.
Sec. 98. This act shall be in full force and effect on and after July 1, 1913.
MUNICIPAL ORDINANCES, RULES, AND REGULATIONS PERTAINING TO PUBLIC HEALTH.
RALEIGH, N. C.
Board of Health-Organization, Powers, and Duties-Officers. (Chap. XX, Ord. July 19, 1912.)
SECTION 1. The department of health and street cleaning shall be composed of a board of 10 members, as follows: Two practicing physicians, members of the Raleigh Academy of Medicine, who shall be elected biennially in the month of July by the board of aldermen; the superintendent of health, the mayor, city attorney, chairman of the street committee, chairman of the sewer committee, chairman of the water committee, chairman of the sanitary committee, and the sanitary inspector. They shall constitute a local board of health for the city of Raleigh, whose duty it shall be to faithfully execute all laws of the State and all ordinances of the city relating to the public health of the city of Raleigh. The board of health shall have power to make all necessary rules and regulations for the promotion and preservation of vital statistics within the city of Raleigh, subject to the ratification of the board of aldermen. The executive officers of the department shall be the superintendent of health and the sanitary inspector.
SEC. 2. The superintendent of health shall be ex officio president of the board of health, and shall be elected biennially in the month of July by the board of aldermen. He shall be a regular practitioner of medicine, in good standing in the Raleigh Academy of Medicine. He shall notify the State board of health of his election, and shall make such reports and answer such inquiries concerning the sanitary condition of the city, diseases prevalent, vital statistics, etc., as may be required by the State board of health. He shall convene the board of health in regular session at least once in every three months and shall have power to call the said board together whenever in his judgment the public health demands it. He shall hold his office for two years and until his successor is elected and qualified. He shall compound and furnish medicines for and prescribe and attend to such indigent sick of the city of Raleigh as may be unable to employ a physician or buy medicine, and for this purpose and all other services rendered by him to the city or that may be required of him by the mayor, the board of aldermen shall annually appropriate such sums of money as it may deem proper. Said superintendent of health shall have an office in the city, centrally located, or at such place as the mayor and the board of aldermen may designate, and shall keep the same open in such manner and at such time as the mayor and the board of aldermen may direct, and shall render medical assistance to such indigent sick of the city in such manner as the mayor and board of aldermen may direct, and shall perform such other duties and render such other services and furnish such other medicines to the city as the mayor and the board of aldermen may require him to perform, render, or furnish. If the superintendent of health shall fail to perform in a proper manner any of the duties imposed by this section, or by the mayor or the board of aldermen, or shall abuse his office, he shall forfeit such office upon conviction thereof by the board of aldermen.
SEC. 3. The sanitary inspector shall be elected by the board of aldermen biennially in the month of July. He shall be clerk to the board of health and shall be vestei
SEC. 5. The clerk to the board of health shall keep a full and accurate record of all the business done at all its meetings, cause to be published all the orders and notices of the board, and file for reference all reports, complaints, orders, and other papers relating to the business of the board. He shall cause to be published in the newspapers of the city and by printed or written notices, to be posted one in each ward of the city, all orders, rules, and regulations made by the board of health in ei relation to the sanitary or healthful condition of the city, and any person neglecting
or refusing to comply with the rules, orders, or regulations of the board of health shall, upon conviction, be subject to a penalty of $10 for every such offense.
SEc. 6. It shall be the duty of every person now practicing or pretending or advertising to practice medicine, surgery, or midwifery within the city of Raleigh, and of every person who may hereafter intend to practice medicine, surgery, or midwifery in the city of Raleigh, before attempting or advertising to practice the same to register in the office of the board of health, in a book to be kept for that purpose, his or her name, residence, the name and location of the college or school or other institution from which such person received a diploma, certificate, or license to practice medicine or surgery and the date of the same. Every person refusing or neglecting to comply with the provisions of this section shall be subject to a penalty of $10 for every day such person shall so refuse or neglect to comply with the provisions hereof.
with the same authority and powers delegated to policemen by the city charter and ordinances. His salary shall be fixed by the board of aldermen, and he shall hold his office for 2 years and until his successor is elected and qualified.
SEC. 4. Biennially in the month of July an assistant sanitary inspector shall be elected, who shall be under the control and supervision of the sanitary inspector. He shall be vested with the same authority and powers delegated to policemen by the city charter and ordinances and shall wear a uniform and badge. His salary shall be fixed by the board of aldermen.
SEC. 26. The superintendent of health shall superintend the collection of the vital statistics of the city and shall make every effort to make such statistics as accurate and complete as may be, particularly such as relate to the cause of death. He shall annually in the month of March make to the board of aldermen a detailed statement of the operations of the board of health during the preceding year, with a full and accurate account of all expenses incurred in the discharge of its duties.
SEC. 27. The sanitary inspector shall be the chief executive officer of the health and street-cleaning department, always subject to the order and regulations of the board of aldermen. It shall be his duty to promulgate all sanitary ordinances made by the board and be responsible for the faithful enforcement of all sanitary laws, rules, and regulations that may be made by the board of aldermen or the board of health. He shall submit all pay rolls and bills to be paid out of any appropriation for the health and street-cleaning department to the city clerk at proper times for audit and approval and employ and pay off the laborers of the department. It shall be the duty of the said inspector to superintend the street sweeping done at night, all street cleaning, flushing of sewers, and the operations of the night-soil and garbage carte, and to give such orders as he may deem proper and necessary to enforce a faithful performance of duty on the part of laborers employed in the health and streetcleaning department. He shall have general supervision of the sanitary work in the city and shall in person frequently inspect the city watershed and all dairies and slaughterhouses in the suburbs of the city and shall closely supervise the stables of the health and street-cleaning department and the dumping grounds. It shall likewise be his duty to visit every part of the city and rigidly enforce compliance with all sanitary ordinances. He shall take the oath prescribed for regular policemen, wear such uniform or badge as the board of aldermen may direct, and shall conform to all the rules and regulations established by the board of aldermen and the board of