USA > New York > New York City > New York City record and building trades directory > Part 43
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§ 37. Section five hundred and one of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, is amended to read as follows :
§ 501. Drainage and plumbing .- The drainage and plumbing of all buildings, both public and private hereafter erected in the city of New York, shall be executed in accordance with plans previously approved in writing by the superintendent of buildings. Suitable drawings and descriptions of the said plumbing and drainage shall in each case be submitted and placed on file in the department of buildings. The said department of buildings is authorized to receive and place on file drawings and descriptions of the plumbing and drainage of buildings erected prior to the passage of this title. Any person violating any provision of this section shall be deemed guilty of a misdemeanor.
§ 38. Section five hundred and two of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as heretofore amended, is further amended to read as follows :
§ 502. Recovery of bodies under fallen buildings-unsafe buildings. In case of the falling of any building or part of any building in the city of New York, where persons are known or believed to be buried under the ruins thereof, it shall be the duty of the fire department to cause an examination of the premises to be made for the recovery of the bodies of the killed and injured. Whenever in making such examination, it shall be necessary to re- move from the premises any debris, it shall be the duty of the commis- sioners of the department of docks, of the department of parks, of the de- partment of public works, and of the department of street cleaning, when called upon by the department of buildings to co-operate, to provide a suita- ble and convenient dumping place for the deposit of such debris. In case there shall be in the opinion of the superintendent of buildings, actual and immediate danger of the falling of any building or part thereof so as to en- danger life or property, said superintendent shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings can be taken as in the case of an unsafe building as pro- vided for in this title. For the aforesaid purposes the said fire department, or the superintendent of buildings, as the case may be, shall employ laborers and materials as may be necessary to perform said work as speedily as pos- sible, and the comptroller of the city of New York is authorized and directed to provide the funds to prosecute said work until completed. For the purpose of providing the money for said work and materials, or either of them, the board of estimate and apportionment is hereby authorized to transfer to the order of the comptroller such sums as may be necessary, from any unexpended or excessive appropriation of the then current or of any
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previous year, or to issue revenue bonds payable out of the taxes of the next ensuing year.
§ 39. Section five hundred and three of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as heretofore amended, is further amended to read as follows :
§ 503. Plans of construction or alteration to be submitted to superin- tendent .- Before the erection, construction or alteration of any building or part of any building or any platform, staging or flooring to be used for standing or seating purposes, in the city of New York, is commenced, the owner or his agent or architect, shall submit to the superintendent of build- ings a detailed statement in writing of the specifications, and a full and complete copy of the plans of such proposed work, which shall be accom- panied with a statement in writing, sworn to before a notary public or com- missioner of deeds, giving the full name and residence (street and number) of the owner, or of each of the owners of said building, or proposed building, platform, staging or flooring. If such erection, construction or alteration is proposed to be made by any other person than the owner or owners of the land in fee, the person or persons intending to make such erection or altera- tion shall accompany said detailed statement of the specifications and copy of the plans, with a statement in writing, sworn to as aforesaid, giving the full name and residence (street and number) of the owner or owners of the land, and also of every person interested in said building or proposed build- ing, platform, staging or flooring, either as owner, lessee, or in any repre- sentative capacity. Such statement may be made by the agent or architect of the person or persons hereinbefore required to make the same. Said sworn statement, and detailed statement, and copy of the plans shall be kept on file in the office of the superintendent of buildings, and the erection, con- struction or alteration of said building, platform, staging or flooring, or any part thereof, shall not be commenced or proceeded with, until said state- ments and plan shall have been so filed, and approved by the superintendent of buildings. But the superintendent may, in his discretion, and for reasons to be stated in writing, by the applicant, and filed with the plans and de- tailed statements, dispense with the making of said sworn statement in any case. Nothing in this section shall be construed to prevent the superin- tendent of buildings from granting his approval for the erection of any part of a building where plans and detailed statements have been presented for the same before the entire plans and detailed statements of said building have been submitted. Any false swearing in a material point in any state- ment submitted in pursuance of the provisions of this section shall be deemed perjury, and shall be punished as such. Ordinary repairs may be made without notice to the department of buildings but such repairs shall not be construed to include the cutting away of any stone or brick wall, or any portion thereof, the removal or cutting of any beams or supports, or the removal, change or closing of any staircase.
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$ 40. Section five hundred and four of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as heretofore amended, is further amended to read as follows :
§ 504. Superintendent, powers of-board of examiners .- The superin- tendent of buildings shall have power (except as herein otherwise provided) to pass upon any question relative to the mode, manner of construction, or materials to be used, in the erection, or alteration of any building, or other structure, provided for in this title, in any part of the city of New York, to make the same conform to the true intent and meaning of the several pro- visions of this title. He shall also have power to vary, or modify, the provisions of this title, upon application to him therefor, in writing, by an owner of such building or structure, or his representative, where there are practical difficulties in the way of carrying out the strict letter of this law, so that the spirit of the law shall be observed, the public safety secured, and substantial justice done ; but no such deviation shall be permitted, unless a record of the same shall be kept by the said superintendent of buildings, and a certificate be first issued to the party applying for the same. Such certificate shall not be issued until a board of examiners, consisting of a member of the New York chapter of the American Institute of Architects, one member of the New York Board of Fire Underwriters, two members of the Mechanics' and Traders' Exchange of said city, one of whom shall be a master mason and one a master carpenter, one member of the Society of Architectural Iron Manufacturers of said city, one member of the Real Estate Owners' and Builders' Association of said city, who shall be an architect or builder, and one member of the New York Real Estate Exchange, Limited, who shall be an architect or builder, and the chief of said fire de- partment, all of whom shall be appointed by their respective organizations (and so certified to annually to said superintendent of buildings), shall also approve the proposed modifications of the law. The said examiners shall each take the usual oath of office before entering upon the performance of their duties. The superintendent of buildings shall be ex-officio, a member of said board of examiners and be chairman thereof. In cases in which it is claimed by an owner, in person, or by his representative, that the pro- visions of this title do not directly apply, or that an equally good and more desirable form of construction can be employed in any specific case than that required by this title, then such person shall have the right to present a petition to the board of examiners, through the superintendent of build- ings, and may appear before said board and be heard ; and said board shall consider such petition in its regular order of business, and, as soon as practi- cable, render a decision thereon. The said board of examiners are hereby authorized and empowered to grant or reject such petition, and their decis- ion shall be final. If such decision is favorable to said petitioner, a certifi- cate shall be issued by the superintendent of buildings in accordance therewith. At least five affirmative votes shall be necessary to the granting of any application or petition by said board. No member of said .board
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shall pass upon any question in which he is pecuniarily interested. The said board shall meet once in each week upon notice from the superintend- ent of buildings. The chief clerk in the office of the superintendent of buildings shall be the clerk of said board, and shall keep a record of its pro- ceedings, which shall be kept in the office of the superintendent of build- ings. All the members of said board of examiners, and the clerk of said board, shall be entitled to and shall receive ten dollars for each attendance at a meeting of said board, to be paid by the comptroller from the contingent fund upon the voucher of the superintendent of buildings.# for the erection of any building on a wharf, pier or bulkhead shall be granted unless the same be also approved by the said board of examiners.
$ 41. Section five hundred and five of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as heretofore amended, is further amended to read as follows :
§ 505. Penalties for violation of this title .- The owner or owners of any building, or part thereof, upon which any violation of this title may be placed, or shall exist, and any architect, builder, carpenter or mason who may be employed or assist in the commission of any such violation, and any and all persons who shall violate any of the provisions of this title or fail to comply therewith, or any requirement thereof, or who shall violate, or fail to comply with, any order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications or plans, sub- mitted and approved thereunder, or of any certificate of permit issued there- under, shall severally, for each and every such violation, and non-compliance, respectively forfeit and pay a penalty in the sum of fifty dollars except that any such person who shall violate any of the provisions of this title as to the construction of chimneys, fire-places, flues, hot-air pipes and furnaces, or who shall violate any of the provisions of this title, with reference to the framing or trimming of timbers, girders, beams, or other woodwork in prox- imity to chimney flues or fire-places, shall forfeit and pay a penalty in the sum of one hundred dollars. But if any said violation shall be removed or be in process of removal within ten days after the service of a notice as hereinafter prescribed, the liability for such penalty shall cease, and said department shall discontinue any action pending to recover the same, upon such removal or the completion thereof within a reasonable time. Any and all of the aforementioned persons, who having been served with a notice as hereinafter prescribed, to remove any violation, or comply with any require- ments of this title, or with any order or regulation made thereunder, shall fail to comply with said notice within ten days after such service or shall continue to violate any requirement of this title in the respect named in said notice shall pay a penalty of two hundred and fifty dollars. For the recovery of any said penalty or penalties an action may be brought in any district court, or court of record, in said city in the name of the department
* So in the original.
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of buildings, and whenever any judgment shall be rendered therefor, the same shall be collected and enforced, as prescribed and directed by the Code of Civil Procedure of the State of New York. The department of buildings is hereby authorized, in its discretion, good and sufficient cause being shown therefor, to remit any fine or fines, penalty or penalties, which any person or persons may have incurred, or may hereafter incur, under any of the provisions of this title ; but no fine or penalty shall be remitted for any such violation until the violation shall have been removed.
§ 42. Section five hundred and six of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as heretofore amended, is further amended to read as follows :
§ 506. Jurisdiction of courts-actions-lien of judgments .- All courts of civil jurisdiction in the city of New York shall have cognizance of and jurisdiction over any and all suits and proceedings by this title authorized to be brought for the recovery of any penalty and the enforcement of any of the several provisions of this title, and shall give preference to such suits and proceedings over all others, and no court shall lose jurisdiction of any action by reason of a plea that title to real estate is involved, provided the object of the action is to recover a penalty for the violation of any of the provisions of this title. The department of buildings is authorized to in- stitute any and all actions and proceedings, either legal or equitable that may be appropriate or necessary for the enforcement of the provisions of this title, except those arising under section five hundred and one, and all civil courts in said city are hereby invested with full legal and equitable jurisdiction to hear, try and determine all such actions and proceedings, and to make appropriate orders and render judgment therein according to law, so as to give force and effect to the provisions of this title. Whenever the superintendent of buildings is satisfied that any building or structure, or any portion thereof, the erection, construction or alteration of which is regulated, permitted or forbidden by this title, is being erected, constructed or altered, or has been erected, constructed or altered in violation of, or not in compliance with, any of the provisions or requirements of this title, or in violation of any detailed statement of specifications or plans sub- mitted and approved thereunder, or of any certificate of permit issued thereunder, or that any provisions or requirements of this title, or any order or direction made thereunder has not been complied with, said department, may in its discretion, institute any appropriate action or proceeding, at law or in equity, to restrain, correct or remove such violation, or to restrain or correct the crection or alteration of, or to require the removal of, or to prevent the occupation or use of, the building or structure erected, constructed or altered, in violation of, or not in compliance with any of the provisions of this title, or with respect to which the requirements of this title, or of any order or direction made pursuant to any provisions contained in this title, shall not have been complied with. In any such action or proceeding said department
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may, in its discretion, and on the affidavit of the superintendent of buildings setting forth the facts, apply to any court of record in said city, . or to a judge or justice thereof, for an order enjoining and restraining all persons from doing, or causing or permitting to be done, any work in or upon such building or structure, or in or upon such part thereof as may be designated in said affidavit, or from occupying or using said building or structure, or such portion thereof as may be designated in said affidavit for any purpose whatever, until the hearing and determination of said action and the entry of final judgment therein. The court, or judge or justice thereof, to whom such application is made, is hereby authorized forthwith to make any or all of the orders above specified, as may be required in such application, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No officer of said department, acting in good faith and without malice shall be liable for damages by reason of anything done in any such action or pro- ceeding. No undertaking shall be required as a condition to the granting or issuing of such injunction order, or by reason thereof. All courts in which any suit or proceeding is instituted under this title, shall upon the rendition of a verdict, report of a referee, or decision of a judge or justice, render judgment in accordance therewith ; and the said judgment so ren- dered, shall be and become a lien upon the premises named in the complaint in any such action, to date from the time of filing in the county clerk's of- fice in the city of New York, of a notice of lis pendens therein ; which lien may be enforced against said property, in every respect, notwithstanding the same may be transferred subsequent to the filing of the said notice. Said notice of lis pendens shall consist of a copy of the notice issued by the superintendent of buildings, requiring the removal of the violation and a notice of the suit of proceedings instituted, or to be instituted thereon, and said notice of lis pendens may be filed at any time after the service of the notice issued by the superintendent of buildings as aforesaid, provided he may deem the same to be necessary. Any notice of lis pendens filed pur- suant to the provisions of this title, may be vacated and canceled of record, upon an order of a judge or justice of the court in which such suit or pro- ceeding was instituted or is pending, or upon the consent in writing of the attorney to said department, and the clerk of the city and county of New York is hereby directed and required to mark any such notice of lis pen- dens and any record or docket thereof as vacated and canceled of record, upon the presentation and filing of a certified copy of an order as aforesaid, or of the consent, in writing, of said attorney. In no case shall the said department of buildings or any officer thereof, or the corporation of the city of New York, or any defendant, be liable for costs in any action, suit or proceeding that may have been, or may hereafter be, instituted or commenced by said department of buildings, in pursuance of this title, unless especially ordered and allowed against any defendant or defendants, by a court or jus- tice, in the course of such action, suit or proceeding.
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§ 43. Section five hundred and fourteen of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, as heretofore amended, is further amended to read as follows :
§ 514. Officers, appointment of, duties .- The said department of buildings shall be and is hereby charged with the enforcement of the provisions of this title, through the superintendent of buildings, and he shall appoint all the officers thereof, namely : An attorney at law, two deputies to be desig- nated respectively the first and second deputy superintendents of build- ings, inspectors of buildings, clerks, messengers and assistants. The chief officer of said department of buildings shall be the superintendent of build- ings, and he and the deputy superintendents of buildings shall each be a competent architect or builder of at least ten years' practice. The inspec- tors shall be competent men, either architects, civil engineers, masons, car- penters or iron-workers, who shall have served at least ten years as such. They shall be men of good character, capable of writing a fair hand, and be able to make out with clearness their reports, and no person shall serve as or be appointed to office as an inspector of buildings in said bureau who is deficient in these qualifications, and before their appointment to office they shall pass an examination before the board of examiners named in this title, a majority of whom shall sign a certificate as to their competency to per- form all the duties of said office. It shall not be lawful for any officer or employe in said bureau to be engaged in conducting or carrying on busi- ness as an architect, civil engineer, carpenter, iron-worker, mason or builder in the city of New York while holding office in said bureau. The superin- tendent of buildings shall be authorized to designate in writing one of the deputy superintendents of buildings, or any of the inspectors, to act on any survey authorized by this title, or perform such other duties as the said superintendent may direct. The deputy superintendent of buildings to be designated by the superintendent, shall act as superintendent of buildings in case of absence of the superintendent from his office and shall, while so act- ing, possess all the powers in this title vested in or imposed upon the super- intendent of buildings. Any inspector of buildings for any neglect of duty, or omission to properly perform his duty, or violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, may be punished by the superintendent of buildings by forfeiting and witliholding pay for a specified time, or by suspension from duty with or without pay ; but this provision shall not be deemed to abridge the right of said superin- tendent to remove or dismiss any inspector of buildings from the service of said department at any time in liis discretion.
§ 44. There is hereby enacted a new section of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, which shall be num- bered section five hundred and seventeen and one-half, which shall read as follows :
§ 517}. Bureau of fire alarm telegraph and electrical appliances .- There shall be in the fire department of the city of New York a bureau called the
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bureau of fire alarm telegraph and electrical appliances. The chief of said bureau shall be called the superintendent of fire alarm telegraph and elec- trical appliances, and there shall be one or more subordinate officers who shall be called inspectors of electric appliances. Said inspectors shall have a technical and practical knowledge of the construction and operation of such electrical lines and appliances. All the officers and employes of said bureau shall be appointed and removed in the manner now provided by law for the appointment and removal of officers and employes of said department. Said bureau shall have charge of the construction, care and management of the fire alarm telegraphı system of said department. Said bureau is also charged with the duty of enforcing all the provisions of this title, and all rules, regu- lations, orders and requirements made thereunder, in regard to electrical wires or currents for furnishing light, heat or power for any building in said city, and in regard to the arrangement and use of such light, heat or power. The board of fire commissioners is hereby authorized and required to make rules and regulations in regard to electric wires, appliances and currents for furnishing light, heat or power which may be introduced into or placed in any building in said city. Such regulations shall prescribe the method of construction, operation, location, arrangement, insulation and use of such wires, appliances and currents, and all other matters in relation thereto, as said board shall, from time to time deem necessary for the protection of life and property. Said rules and regulations, and any amendments and addi- tions thereto, shall be published in the City Record, and no such wires, currents or appliances shall thereafter be introduced into or placed in any building in said city, unless the same be done in compliance with the re- quirements of said rules and regulations. All notices of the violation of any of the provisions of this title, or of any rules, regulations, orders or require- ments made thereunder, relating to electrical wires, currents or appliances, or to such light, heat or power, shall be issued in such manner as the fire commissioners may direct, and such notices shall be served in the manner in this title provided for the service of notices. The violation of any of the provisions of this section, or of any rule or regulation made thereunder, shall be deemed to be a violation of the provisions of this title, and shall subject the person or persons committing the same to the penalties pre- scribed by section five hundred and five of this title. The board of appor- tionment is hereby required to provide the funds necessary to carry out the requirements of this section for the balance of the current year, either by the transfer from unexpended or excessive appropriations, or by the issue of bonds to be paid out of the taxes of the next year. Thereafter the ex- penses herein imposed shall be provided for in the annual appropriations for said department.
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