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,

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, including 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