CHAPTER 7.
Building Code.[7]
| § 1. |
Definitions. |
| § 2. |
Fire limits. |
| § 3. |
Building inspector—Appointment; compensation; bond. |
| § 4. |
Same—Duties. |
| § 5. |
Same—Not to engage in construction business. |
| § 6. |
Same—Right of entry; obstructing. |
| § 7. |
Survey showing street lines. |
| § 8. |
Permits—When required. |
| § 9. |
Same—Form and contents of applications. |
| § 10. |
Same—For moving buildings. |
| § 11. |
Same—Estimated cost for determining fees. |
| § 12. |
Same—Fees; adjustment of fees upon completion of work. |
| § 13. |
Change in structure after permit is issued. |
| § 14. |
Grade and line of sewer. |
| § 15. |
Grade of streets and sidewalks. |
| § 16. |
Certificates of occupancy. |
| § 17. |
Foundation. |
| § 18. |
Walls, cornices and roofs required within congested fire limits. |
| § 19. |
Permissible wooden structures within congested fire limits. |
| § 20. |
Repairing frame building within congested fire limits. |
| § 21. |
Buildings required to be fireproof. |
| § 22. |
Mill building and factory construction. |
| § 23. |
Limits of height and area. |
| § 24. |
Walls. |
| § 25. |
Concrete construction. |
| § 26. |
Steel construction. |
| § 27. |
Protection of ends of wooden beams. |
| § 28. |
Protection of wall openings. |
| § 29. |
Stairway and elevator shafts. |
| § 30. |
Skylights, windows, etc., over stairway and elevator shafts. |
| § 31. |
Fire escapes. |
| § 32. |
Floor lights. |
| § 33. |
Roof covering; condemning wood shingle roofs. |
| § 34. |
Roof openings. |
| § 35. |
Means of egress required. |
| § 36. |
Fire stops. |
| § 37. |
Areaways. |
| § 38. |
Prohibited location for dwelling houses. |
| § 39. |
Construction of frame buildings. |
| § 40. |
Joists and floor loads. |
| § 41. |
Fire walls in tenement houses. |
| § 42. |
Specifications for sleeping rooms. |
| § 43. |
Chimneys, fireplaces, etc. |
| § 44. |
Separating wooden beams, etc., from chimneys, etc. |
| § 45. |
Smoke pipes. |
| § 46. |
Hot air pipes, registers, etc. |
| § 47. |
Dry rooms. |
| § 48. |
Furnaces and similar appliances. |
| § 49. |
Vent pipes for gas appliances. |
| § 50. |
Vent flues. |
| § 51. |
Theatres. |
| § 52. |
Safety of design. |
| § 53. |
Marquees overhanging streets. |
| § 54. |
Auto repair shops and public garages. |
| § 55. |
Condemnation of buildings and structures in dangerous condition. |
| § 56. |
Interpretation of chapter. |
| § 57. |
To what buildings and structures these regulations apply. |
| § 58. |
Penalties. |
Sec. 1. Definitions.
For the purpose of this chapter the following definitions, terms
and their application shall be used, unless otherwise expressly
stated:
Alley. Any right of way or easement used or laid out as a
means of access to or egress from two or more properties, whether
the same be open or not.
Areaway. An open sub-surface space adjacent to a building
for lighting purpose or ventilating of basements.
Attic. A space situated wholly or partially within the roof.
An attic, when it is used for business purposes or living quarters,
shall be considered a story.
Basement. The lower part of a building the floor of which is
below the grade of the lot or street.
Sub-basement. That portion of a building next below the basement.
Bay window. A projection beyond the wall of a building,
pierced by one or more window openings, the entire weight of
which is carried by the wall.
Beam. A piece of timber, iron, concrete, stone or other material
placed horizontally, or nearly so, to support a load over a space
below.
Building. For purposes relative to this chapter all buildings
herein referred to shall be within either of the following classes,
to-wit:
(1) Building.
(2) Altered building.
Building. Any structure affording shelter, whether erected,
constructed, renovated or remodeled.
Altered Building. Any building (other than as above defined)
changed either in use or occupancy, or by physical variation
in construction, or otherwise, not to exceed twenty-five per cent
of the assessed valuation of said building.
Church. A building or structure used for divine worship or religious
instruction, including all social rooms connected therewith.
Columns. Isolated vertical supports other than piers.
Concrete. A combination of water, cement, sand and stone, or
other coarse aggregate, forming a solid mass.
Courts. An open and uncovered space, other than a yard on
the same lot with a dwelling. A court not extending to the street
or the front or rear yards is an inner court. A court extending
to the street or front or rear yards is an outer court.
Curb line. The face or exposed side of the curb actually constructed,
or the line designated as such by the city.
Dwelling. Any house or building, or portion thereof, which is
used in part or in whole as a home, residence or sleeping place for
one or more human beings, either permanently or transiently.
Private dwelling is any building which shall be intended, designed
or used as the home or residence of not more than three
separate and distinct families or households, and in which not more
than five rooms shall be used for the accommodation of boarders,
and no part of which is used for commercial purposes.
Depth of a building. Same as the length.
Elevator. A platform or cab, mechanically operated, in a vertical
shaft for the conveyance of passengers or goods.
Factor of safety. The quotient obtained by dividing the breaking
load or ultimate strength by the safe load.
Factory. Any building in which goods, wares, merchandise or
other materials are manufactured.
Fireproof. The definition as contained in the latest regulations
of the National Board of Fire Underwriters.
Fire doors and metal-clad doors. The above terms shall mean
only doors, windows and shutters as defined in the latest regulations
of the National Board of Fire Underwriters.
Fireproof buildings. The term fireproof buildings shall apply
to all buildings in which the principal parts are made of incombustible
materials, these principal parts consisting mainly in walls,
floor construction, roof construction, furring, ceiling, stairs and
all shaft enclosures. The finish of the floors, the windows and
frames, and doors and frame and trim, may be of wood or other
materials when not in violation of the provisions of this chapter.
All structural members of metal shall be protected from fire by a
covering the material of which shall be entirely incombustible, not
injuriously affected by water, and a slow conductor of heat.
First story. That portion of a building the floor of which is
immediately above the basement.
Floor. The structure or portion thereof, forming the upper
covering of a basement or story and the lower covering of any
other story.
Footings. The spread bottom bearing courses of a foundation,
pier or column.
Foundation. That portion of the supporting walls, piers, etc.,
below the beams of the first story, including the footings. Any
wall or pier built below the adjacent curb line or nearest tier of
beams.
Frame construction. A building or structure of which the exterior
walls or portions thereof shall be constructed of wood.
Buildings sheathed with boards and partially or entirely covered
with four inches of brick or stone work shall be termed frame
buildings. Wood frames covered with metal, whether the frames
are sheathed or not with boards, shall be deemed frame buildings.
Grade. The surface of the ground, lawn, court or sidewalk adjoining
a building.
Established Grade. The grade of the street curb fixed by the
city.
Natural Grade. The undisturbed natural surface of the ground.
Finished Grade. The grade of the exposed surface of the
ground when the proposed structure is completed.
Garage. A building, shed or enclosure, or a part thereof, in
which are housed for any purpose motor vehicles of any kind, designed
for the use of inflammable liquids for fuel or power, when
tanks for such liquids are attached to the machine, whether or not
such tanks contain any inflammable liquids.
Public Garage. Public garages are garages wherein four or
more automobiles or other motor vehicles are stored or kept for
hire or sale, or wherein such vehicles are being repaired or are
stored for repair, or wherein space for the keeping of such vehicles
is rented.
Private Garage. Private garages are garages used by persons
for the storage of their individual vehicles and vehicles owned
and used in the conduct of their business.
Girders. A structural piece of material placed horizontally or
nearly so which supports the ends of beams or joists or large floor
slabs.
Hotel. Every building or part thereof, intended, designed or
used for supplying food and shelter to transients, residents or
guests, and containing more than fifteen sleeping rooms.
Incombustible material. A substance which will not burn and
which when heated to a point of disintegration will not support
combustion.
Length of buildings. The greatest horizontal dimension of any
building shall be its length.
Lintel. The beam or girder placed over a door or window opening.
Load. The Dead Load. The actual weight of walls, floors,
roofs, partitions and all other permanent construction.
The Live Load. All imposed, fixed or transient loads, other
than the dead load, due to the use or occupancy of buildings and
their exposure to the wind pressure, and the elements.
Lodging houses. Any house or building or portion thereof in
which persons are harbored or lodged, for hire a single night or
less than a week at a time at any one period, or any part of which
is let for any one person to sleep in, for any term less than a week.
Lot line. The line of demarcation between the properties of
different owners.
Mortars. Portland Cement Mortar. Portland cement mortar
shall be made of Portland cement mixed with sand, proportioned
as follows: One part Portland cement to not more than
three parts sand by volume to which lime putty may be added in
amount not exceeding fifteen per cent by volume.
Lime Mortar. Lime mortar shall be made of one part lime
and not more than three parts sand to which shall be added not less
than twenty-five per cent of Portland cement by volume.
Masonry Cement Mortar. Masonry cement mortar shall be
made in accordance with the specifications as recommended by the
cement manufacturer, but in no case shall be less than the proportion
of one part masonry cement to three parts sand by volume.
When masonry cement is used it must be approved by the building
inspector.
Mixing. All mortars shall be mixed in accordance with the
best practice and shall be used immediately after being mixed.
Masonry. Built-up brick work, stone tile or other similar construction.
Office building. Every building which shall be divided into
rooms, designed or used for office purposes, and no part of which
shall be used for living purposes, excepting only for the janitor
and his family.
Offset. The shoulder or difference in thickness of a wall.
Partitions. A non-bearing wall reaching from the floor to the
ceiling, or partially to the ceiling, separating the space one from
another.
Party line. Same as lot line.
Piers. Isolated masses of masonry or concrete forming supports
for structural members.
Repairs. The construction or renewal of any part of an existing
building for the purpose of its maintenance in its present class
of construction.
School. All public and private schools, colleges, academies,
seminaries, museums and art galleries, including buildings and
structures or portions of same, containing one or more rooms used
for the purpose of acquiring knowledge or for mental training.
Shaft. A vertical enclosed space passing through at least one
floor and used for ventilation, stairways, elevator, wiring or piping
purposes.
Sprinkler system. Whenever a sprinkler system is required or
mentioned in this chapter in any building or portion thereof, the
entire installation shall be made in accordance with the latest regulations
of the National Board of Fire Underwriters, covering this
class of work.
Stables. Any building used or designed for the keeping of
horses, cows or other livestock.
Story. That portion of a building comprised between the floor
and the floor above, or the roof next above.
Tenement and apartment houses. Every building which shall
be designed or used for the home or residence of more than three
families.
Theatre. A building, or part of a building, intended for use in
the production of dramatic, operatic, vaudeville, motion picture
shows or similar entertainment as a usual business.
Walls. Bearing Wall. A wall which supports any load other
than its own weight.
Curtain Wall. Any non-bearing wall columns and piers which
are not supported by beams or girders at each story.
Division Wall. A bearing wall or non-bearing wall running
between the exterior walls subdividing a building into different
parts.
External Wall. Any other wall or vertical enclosure of a
building other than a party wall.
Fire Wall. A division wall which extends through at least
three feet above the roof, except in fireproof buildings, and in
which all openings are protected by fire windows and doors. Also
any division or partition walls dividing spaces into limited areas
for fire protection purposes. A wall subdividing a building to restrict
the spread of fire.
Foundation Wall. See "Foundation."
Panel or Inclosure Wall. A non-bearing wall in a skeleton
structure built between columns or piers and supported at each
story.
Partition Wall. See "Partitions."
Parapet. That portion of a wall which extends above the roof
line.
Party Wall. A wall that separates two or more buildings, and
used, or to be used, jointly by separate buildings or owners.
Retaining Wall. A wall designed or built to withstand lateral
pressure of adjoining earth or other material.
Wall Thickness. The minimum thickness as given in this
chapter.
Width of a building. The next to the greatest horizontal dimension
of a building.
Warehouses. All buildings used for storage of goods, wares
or merchandise.
Wells. Open spaces other than shafts passing through at least
one floor. (Code 1932, § 494(1).)
Sec. 2. Fire limits.
(a) Congested fire limits. The following are hereby declared to
be the congested fire limits:
Beginning at a point on the north side of Ninth Street, N. E.
150 ft. north of the north margin of High Street, thence by a line
150 ft. north of and parallel to the northern margin of High Street
westerly to a point in the center of an alley about 170 ft. west of
Second Street, N. W., thence in a southerly direction with said
alley to High Street, West, thence in a westerly direction with
High Street, West, to the point where High Street intersects the
projection of a line parallel to and 150 ft. north of the north
margin of Preston Avenue as it runs between Fourth Street and
Third Street, West, thence in a westerly direction with said line
and continuing parallel to and 150 ft. north of the north margin
of Preston Avenue to 10th Street, N. W. to a point 150 ft. south
of the south margin of Grady Avenue, thence in an easterly direction
parallel to and 150 ft. south of the south margin of Grady
Avenue and the south margin of Preston Avenue to the center line
of the present main line of the Southern Railway, thence in a
southerly direction to the center line of the spur formerly the old
main line, thence in a northerly direction along the spur track to a
point 150 ft. south of Preston Avenue, thence in an easterly direction
parallel to and 150 ft. from the south and west margin of
Preston Avenue following the curve thereof to a point 150 ft. north
of the north margin of Main Street, thence in a westerly direction
150 ft. north of and parallel to the north margin of Main Street to
the west side of Fourteenth Street, thence south along the west
side of Fourteenth Street to a point where the C & O Railroad
crosses Main Street, thence along the north side of the C & O
Railroad in a westerly direction to where Madison Lane, if extended,
would cross said railroad, thence along Madison Lane in
a southerly direction to Main Street (University Avenue), thence
along Main Street in an easterly direction to the center line of the
C & O Railroad, thence along the center line of the said railroad
to Ridge Street, thence leaving said railroad in a southerly direction
along Ridge Street, thence leaving said railroad in an easterly
direction to First Street thence in a southerly direction with First
Street 150 ft. thence in an easterly direction parallel to and 150
ft. south of the southern margin of Garrett Street to Sixth Street,
thence in a northerly direction to Levy Avenue, thence in an easterly
direction to Avon Street, thence in a northerly direction with
Avon Street, Monticello Road and Seventh Street, East, to a point
150 ft. south of the southern margin of Market Street, thence in
an easterly direction parallel to and 150 ft. south of Market Street,
East, to the intersection of this line with the line of the west side
of Ninth Street, N. E., projected, thence in a northerly direction
with the line of the west margin of Ninth Street, projected, as
aforesaid to the beginning.
(b) General fire limits. The following are hereby declared to
be the general fire limits:
Beginning on the Ivy Road at the western end of the limits of
the city, thence following the limits of the city by a broken line in
a general northeasterly direction to the old Barracks Road, also
called Preston Avenue, thence in a southerly direction along the
old Barracks Road or Preston Avenue, to a point where Charlton
Avenue, if extended would meet the old Barracks Road, thence in
a southeasterly direction along Charlton Avenue to the new double
track line of the Southern Railroad, thence following the line along
where Charlton Avenue would run if it were extended in a straight
line to the old line of the Southern Railroad, thence in a northeasterly
direction along center line of the old Southern Railroad
to the line of the corporate limits of the city, before the extension
of 1916, thence following said old corporate line to Park Street,
thence in a straight line in a northeasterly direction to the northwestern
end of Hazel Street, thence along Hazel Street to the Free
Bridge Road, thence up the Free Bridge Road in a westerly direction
to Meade Avenue, thence along Meade Avenue to Market
Street, thence in a straight line to where Carlton Road crosses the
C. & O. Railroad, thence along Carlton Road to Carlton Avenue,
thence east along Carlton Avenue to the Corporate limits of the
city, thence along the corporate line to Elliott Avenue, thence along
Elliott Avenue to the Scottsville Road, thence in a straight line
to the eastern end of Lankford Avenue, thence following Lankford
Avenue to Ridge Street, thence along an unnamed alley in
the line of the extension of Lankford Avenue to 5th Street, S. W.,
thence along 5th Street, S. W., in a westerly direction to Apple
Street, thence in a straight line to Elm Street, and along Elm
Street to 9th Street, S. W., thence in a northerly direction along
9th Street, S. W. to Cherry Street, thence along Cherry Street to
the corporate limits of the city, thence following the corporate
limits of the city as established in 1916 by the annexation to the
point of the beginning. (Id., § 494(2); Ord. April 20, 1942.)
As to power to designate fire limits and regulate building therein,
see char., § 13, third.
Sec. 3. Building inspector—Appointment; compensation;
bond.
A building inspector shall be appointed by the city manager subject
to the approval of the council. He shall hold office at the
pleasure of the city manager and shall receive such compensation
as the council, on the recommendation of the city manager, may
fix. (Code 1932, § 494(3).)
Sec. 4. Same—Duties.
The building inspector shall be charged with the duty of enforcing
the building laws. He shall also perform such other duties
as the city manager may assign to him.
He shall inspect all buildings in course of erection, alteration or
repair for the purpose of seeing that the laws and ordinances are
complied with. He shall issue building permits as hereafter provided.
(Id., § 494(4).)
As to duty of building inspector to enforce the zoning law, see ch.
33, § 19.
Sec. 5. Same—Not to engage in construction business.
The building inspector shall not engage in the construction business
or any other business pertaining thereto or be interested,
either directly or indirectly, in any firm or corporation engaged
in said lines of business during his term of office. (Id.)
Sec. 6. Same—Right of entry; obstructing.
The building inspector, or his duly authorized representative,
is hereby authorized and empowered to enter upon any building
or premises in the city for the purpose of seeing that the laws,
rules and regulations in regard to construction are complied with.
Any person preventing the building inspector from entering any
building or premises in the performance of his official duties, or
obstructing or hindering him in the performance of such duties,
shall be punished as provided in section 58 of this chapter. (Code
1932, § 494(49).)
Sec. 7. Survey showing street lines.
Whenever any person proposes to erect any house, wall, structure
or fence, or addition thereto within the corporate limits, such
person shall cause to be made by a certified surveyor a survey of
the lot on which said structure is to be erected which shall show
the true street line and a blueprint thereof shall be submitted to
the building inspector for approval.
The building inspector may waive the foregoing portion of this
section if, after an inspection of the lot on which the structure is
to be erected, he shall satisfy himself that the proposed structure
will not encroach upon the true street line, or violate the zoning
laws, and that there be no necessity for the making of such survey.
(Id., § 494(5).)
For other provisions in regard to encroachment upon streets, see
char., § 40; ch. 29, § 7 of this volume.
Sec. 8. Permits—When required.
Before the erection, construction or alteration of any building
or structure or part thereof, and before the installation or alteration
of the plumbing, drainage, piping or wiring thereof, where
the total cost of such building or structure will be in excess of
fifty dollars application for a permit for the erection, construction
or alteration of such building or structure or part thereof shall
be made to the building inspector, by the owner or his authorized
agent, and it shall be unlawful for any person to begin the erection,
construction or alteration of any such structure or part thereof
until a proper permit has been issued therefor. (Id., § 494(6).)
Sec. 9. Same—Form and contents of applications.
Application shall be made on forms furnished by the building
inspector which shall contain such information as he may require,
and said application shall be accompanied by such plans and specifications
as will give full information as to the character of the
building, its size, arrangement of rooms, halls, closets and stairways,
and the material to be used in its construction; and the city
manager or building inspector may require such additional drawings,
specifications, strain sheets and other information which
either of them may deem necessary. (Id.)
Sec. 10. Same—For moving buildings.
No building shall be moved until a permit has been obtained
from the city manager, who shall not issue such permit if in his
judgment the proposed new location of the building would increase
the fire hazard of the surrounding buildings (unless a certificate
is obtained by the owner from the National Board of Fire Underwriters
stating that such removal would not increase the fire
hazard of the surrounding buildings adjacent to the proposed new
location), or would be in violation of the zoning or other ordinances
of the city. (Id.)
Sec. 11. Same—Estimated cost for determining fees.
The estimated cost of all buildings for the purpose of determining
the fees to be charged for all permits shall be the total cost to
the owner of the building and all appurtenances. When constructed
on a cost-plus basis, the estimated cost shall include the
actual cost plus the percentage charged, specified or contracted for.
When there is more than one contract covering different portions
of the building, or different classes of work on the same building,
the estimated cost shall be the sum total of the several contract
prices for each class or portion of the whole work.
The city manager may revise the estimate of the cost of any proposed
building or structure, or alteration thereof, for which application
is made for a permit, and may require a sworn statement of
the applicant as to the cost thereof. (Id.)
Sec. 12. Same—Fees; adjustment of fees upon completion
of work.
No permit required hereunder for erection, construction or
alteration of a building or structure shall be issued unless the
proper fee accompanies the application; the fees for permits issued
hereunder shall be as follows:
| Where the total cost does not exceed $1,000.00 |
$ 1.00 |
| For each additional $1,000.00 or fraction |
1.00 |
| Maximum fee required |
150.00 |
Such permit shall be issued upon payment of a fee based upon
the estimated cost, and upon completion of the work for which
permit is issued an accurate statement of the cost thereof shall be
furnished by the party to whom the permit was issued to the building
inspector and thereupon adjustment of the difference between
the fee properly chargeable based on actual cost, and the fee paid
based on estimated cost shall be made. If the actual cost exceeds
the estimated cost, the party to whom the permit is issued shall
pay the difference due by him and if the actual cost be less than
the estimated cost, the city auditor is hereby authorized to refund
to the person by whom the estimated fee was paid such portion
thereof as constitutes an overpayment. (Id.; Ord. July 13, 1943.)
Sec. 13. Change in structure after permit is issued.
If after a permit has been issued, or during the progress of, or
the execution of any work on any building or structure, it is desired
to materially alter or deviate in any manner from the construction
or any essential feature as called for in the approved
plans or specifications for such building or structure, notice of the
desire or intention on the part of the owners or builder of such
building or structure shall be given to the building inspector in
writing, setting forth in detail the desired changes; and if approved,
he will give the applicant his written approval of the requested
change, otherwise no change will be permitted in the plans
and specifications as originally approved. (Code 1932, § 494(7).)
Sec. 14. Grade and line of sewer.
When a permit is granted hereunder, the party receiving it shall
apply for the grade and line of the sewer nearest to his property
and make his building or structure conform thereto. (Id., §
494(6).)
Sec. 15. Grade of streets and sidewalks.
Any party receiving a permit as provided herein shall apply for
the grade of the streets and sidewalks adjacent to this property,
and so construct his building as to conform thereto. (Id.)
Sec. 16. Certificates of occupancy.
Upon the completion of such buildings, structures or alterations,
provided no violations exist, the city manager or other officials
designated by him, shall issue to the owner a certificate of occupancy
of the proposed building or part thereof, stating the purpose
for which such building or structure may be used. There
shall be no occupancy until after such certificate has been issued
for such building or structure or part thereof. (Code 1932, §
494(8).)
Sec. 17. Foundation.
Every building hereafter erected, except buildings erected upon
solid rock, shall have a concrete, brick, stone or masonry foundation
wall, laid in Portland cement mortar extending around the
entire area to be occupied by the building and below the curb grade
at least eighteen inches, or the finished grade of a lot if the building
does not immediately join the sidewalk. Except that frame
dwellings costing two thousand dollars or less may be constructed
upon wood, concrete or masonry posts.
The foregoing paragraph shall not apply to sheds, private
garages with space for not more than four vehicles, barns, poultry
houses and other similar structures, costing one thousand dollars
or less. (Id., § 494(9).)
Sec. 18. Walls, cornices and roofs required within congested
fire limits.
Every building hereafter erected within the congested fire limits
shall be inclosed on all sides with walls constructed wholly of
stone, well-burned brick, concrete or other equivalent incombustible
material; and shall have the roof, top and sides of all roof
structures, including dormer windows, covered with materials
equal to or better in fire-resistive qualities than class "C" roof
covering materials as defined by the National Board of Fire Underwriters.
All cornices shall be of incombustible material except
residences and buildings other than business houses which
are not less than ten feet from the nearest street or property line.
(Id., § 494(10).)
Sec. 19. Permissible wooden structures within congested
fire limits.
No frame or wooden structure shall hereafter be built within
the congested fire limits as given herein or within the congested
fire limits as may hereafter be established, except for the following,
and all roofs placed upon such buildings or structures shall
be of class "C" roof covering material or better as defined by the
National Board of Fire Underwriters:
(a) Temporary one-story frame buildings for the use of
builders.
(b) Bay windows when covered with incombustible material.
(c) Outhouses not over ten feet high with floor space of not
more than one hundred square feet, where the cost of same does
not exceed seventy-five dollars, when in the judgment of the building
inspector the fire hazard to the surrounding buildings would
not be materially increased.
(d) Rooms and enclosed porches with a floor space not exceeding
one hundred square feet may be added to existing frame structures.
(Id., § 494(11).)
Sec. 20. Repairing frame building within congested fire
limits.
Any existing frame building within the congested fire limits,
which may hereafter be damaged by fire, decay or otherwise to
an amount greater than one-half of its present value, exclusive
of the foundation, shall not be repaired or rebuilt, but shall be
removed.
No building shall be altered or remodeled for use as an apartment
if same contains more than five apartments unless same be
of fireproof construction. (Id., § 494(12).)
Sec. 21. Buildings required to be fireproof.
All buildings erected, altered or remodeled, for the use of a
coffee roaster, bakery, dry cleaning establishment, laundry, theatre,
school if over one story and basement in height, hotel if over two
stories and basement in height, shall be of fireproof construction.
All buildings over fifty-five feet or four stories in height shall
be of fireproof construction, except that this shall not apply to
domes, towers or spires of churches or of other public buildings.
All buildings designed for use as tenements and apartments if
containing more than five apartments and if more than two stories
and basement in height.
All buildings erected, altered or remodeled, for the use of a
public garage shall be of fireproof construction with the exception
of one-story public garages which conform to the following minimum
requirements:
A ceiling height of at least twelve feet; a roof constructed of
unprotected steel trusses or girders covered with a roof sheeting
at least one and three quarters inches thick with an incombustible
roof covering; if of wooden truss or joist construction, no timber
less than two inches in dimension shall be used and the ceiling shall
be protected with metal or metal lath and cement plaster. In either
case when the ceiling is protected as aforesaid, the roof sheeting
shall be of not less than one inch lumber with an incombustible
covering; full height wood partitions will not be permitted, but
any office enclosure shall be made of not less than seven-eighth
inch wainscoting to a height not exceeding three feet six inches;
wood sash and plain glass may be used for the balance of the enclosure;
stud partitions may be used provided they are covered on
both sides with metal or metal lath and cement plaster.
The foregoing restrictions and requirements in this section shall
apply to all buildings specified therein erected, altered or remodeled
after the fifteenth day of July, 1932, but all buildings erected,
altered or remodeled prior to said date shall be altered or remodeled
in accordance with such restrictions and building regulations
as may be approved by the city manager, provided that the
same shall at least comply with the minimum requirements of the
last regulations of the National Board of Fire Underwriters.
(Id., § 494(13); Ord. Oct. 25, 1934.)
Sec. 22. Mill building and factory construction.
Factory and mill buildings of any type over one story in height
shall be constructed in accordance with mill construction or slow-burning
construction as defined by the National Board of Fire
Underwriters. (Code 1932, § 494(14).)
Sec. 23. Limits of height and area.
(A) Height. Except as specified in section 39 of this chapter,
no building hereafter erected within the corporate limits, having
walls of hollow terra-cotta or concrete blocks, shall exceed three
stories, or forty feet in height.
(B) Area. The floor area between fire walls of non-fireproof
buildings shall not exceed the following: When fronting on one
street, seventy-five hundred square feet; when fronting on two
streets, ten thousand square feet; and when fronting on three
streets, twelve thousand square feet. These area limits may be
increased under the following conditions as indicated:
(1) For buildings of only one story in height, thirty-three and
one-third per cent.
(2) For non-fireproof buildings, fully equipped with approved
automatic sprinklers, sixty-six and two-thirds per cent.
(3) For fireproof buildings, not exceeding one hundred twenty-five
feet in height, fifty per cent.
(4) For fireproof buildings not exceeding one hundred twenty-five
feet in height fully equipped with approved automatic sprinklers,
one hundred per cent. (Id., § 494(15); Ord. March 15,
1937.)
Sec. 24. Walls.
For the purpose of determining wall thickness as specified in
this section, basements and sub-basements shall be considered as
stories.
The exterior or division walls of all buildings hereafter erected
within the corporate limits shall be of sufficient thickness to support
the load to be carried; but in no case shall a brick, stone, concrete
or hollow block wall be less than twelve inches thick except
panel walls, non-load bearing and in dwelling house class.
Walls, for warehouse class only (excepting party and fire walls,
for all buildings of other than the dwelling house class) not exceeding
four stories or fifty-five feet in height, shall have the
upper two stories not less than twelve inches thick, increasing four
inches in thickness for each two stories or fraction thereof below.
For all walls of buildings of the dwelling house class the upper
two stories shall be not less than eight inches thick, increasing four
inches in thickness for each two stories or fraction thereof below,
excepting that gable walls shall not necessitate an increase in wall
thickness.
Panel walls in skeleton construction must be of masonry laid in
cement mortar or masonry cement if approved and shall be at
least eight inches thick where the vertical distance between girders
does not exceed ten feet and shall be increased four inches for each
ten feet or fraction thereof that the said vertical distance exceeds
ten feet.
Curtain walls must be of masonry laid in cement mortar or
masonry cement mortar if approved and shall be not less than
twelve inches thick, increased four inches for every additional section
of three stories or forty-five feet. They shall be anchored to
the framing at each floor level, anchors spaced not more than six
feet apart horizontally.
In all buildings except dwellings, frame buildings and skeleton
construction, party walls and fire walls which serve as bearing
walls on both sides shall be not less than sixteen inches thick in
the upper two stories or upper thirty feet, increasing four inches
in thickness for each two stories or fraction thereof below. All
other fire walls shall be not less than twelve inches thick in the
upper four stories for upper fifty feet, increasing four inches in
thickness for each two stories or fraction thereof below. Portland
cement mortar or approved masonry cement mortar only shall be
used in such walls.
Reinforced stone or gravel concrete walls, with the steel reinforcement
running both horizontally and vertically and weighing
not less than one-half pound per square foot of wall, may have a
thickness four inches less than that prescribed for brick walls.
Walls built of rubble stone shall be increased one-third inch in
thickness over that required for brick walls under similar circumstances.
Parapets shall be provided on all fire walls, party walls and exterior
walls of masonry or reinforced concrete, where such walls
connect with roofs other than roofs of fireproof construction; provided,
that a parapet shall not be required for a wall facing on a
street having a width of fifty feet or more, which are finished with
incombustible cornices, gutters or crown mouldings, nor on a wall
of a building the roof of which is ten feet lower than the roof of
a building adjoining or adjacent to such wall, nor on the walls of a
detached dwelling, nor on the walls of a building which is fifty feet
or more distant in all directions from other buildings. A parapet
wall when required shall extend the full thickness of the top story
to at least three feet above the roof at all points and shall in all
cases be properly capped.
Hollow building blocks may be used for masonry walls excepting
party and fire walls and shall be of sufficient strength to safely
carry the loads imposed upon them. The specification and method
of computing this strength of hollow building blocks shall be in
accordance with the requirements established by the National
Board of Fire Underwriters.
All walls and partitions in schools, hospitals and places of public
assemblage, over one story high, and all walls and partitions in
theatres, shall hereafter be built of brick, stone, hollow or solid
blocks, or metal lath and Portland cement plaster on metal studding,
or other equivalent incombustible construction. (Id., §
494(16); Ord. May 20, 1935.)
Sec. 25. Concrete construction.
Concrete for reinforced concrete construction shall consist of a
wet mixture of one part of Portland cement to not more than six
parts of aggregate, fine and coarse, in such proportions as to produce
the greatest density.
The quality of the materials, the design and the construction
shall be in accordance with the best engineering practice. (Id.,
§ 494(17).)
Sec. 26. Steel construction.
Where structural steel is used in construction it shall be in accordance
with the latest regulations of the American Institute of
Steel Construction. (Id., § 494(18).)
Sec. 27. Protection of ends of wooden beams.
The ends of all floor, ceiling or roof beams, entering a party
or fire wall from opposite sides, shall be separated by at least six
inches of solid masonry. Such separation may be obtained by
corbeling the wall, or staggering the beams, or the beams may be
supported by steel wall hangers, but no wall shall be corbeled more
than two inches for this purpose. The ends of the wooden beams
which enter walls shall be cut to a bevel to make them self-releasing.
(Id., § 494(19).)
Sec. 28. Protection of wall openings.
If an opening be in a party or fire wall it shall have a standard
automatic fire door on each side of the wall. If an opening in a
fire wall is made to serve as an emergency exit, it shall not exceed
forty-eight square feet in area, and a self-closing door shall be substituted
for one of the automatic fire doors.
Every building within the congested fire limits except dwellings
shall have standard fire doors and standard fire windows on every
exterior opening except when fronting on a street not less than
thirty feet wide or where no other building is or can be built within
thirty feet of such opening and excepting show windows.
Where glass is used for such openings, same shall be wired glass
and in accordance with the requirements of the National Board
of Fire Underwriters.
Occupants of buildings shall close all exterior and interior fire
doors, fire shutters and fire windows at the close of business each
day. (Id., § 494(20).)
Sec. 29. Stairway and elevator shafts.
In the buildings hereafter erected, except private dwellings,
which are used above the first floor for business purposes or for
public assemblage, or for any purpose whatever if over two stories
high, the stair shafts shall be separately and continuously enclosed
by incombustible partitions. Elevator shafts in all buildings hereafter
erected shall be enclosed in the same manner. The partitions
shall be constructed of brick or other fire-resistive material approved
by the city manager or other designated official, and all
mortar used in the construction shall be Portland cement mortar.
No hollow partition shall be less than six inches thick, no brick
partition less than eight inches thick. The stairways and landings
shall be constructed entirely of fireproof material.
All openings in elevator, stair or other shaft enclosures shall be
protected by self-closing fire doors, fire windows, fire shutters or
other approved self-closing fireproof equipment.
Doors opening into stairway shafts shall swing in the direction
of exit travel, shall be self-closing and shall be at least thirty-six
inches wide.
The enclosure walls for all elevator shafts shall extend at least
three feet above the roof, and there shall be a sufficient opening in
the shaft above the roof line to provide for the release of smoke
or gases. (Id., § 494(21).)
Sec. 30. Skylights, windows, etc., over stairway and
elevator shafts.
Where a stairway, elevator or dumb-waiter shaft extends
through the roof, if covered by a skylight, the skylight shall be
constructed with incombustible frame and sash, glazed with ordinary
thin glass, and shall be protected by a galvanized steel wire
screen with a mesh not exceeding one inch, and the wire not
smaller than No. 12 gauge. The screen shall have metal supports
and be placed not less than six inches above the skylight. Instead
of a skylight, windows or doors with a total glass opening of the
size and construction as required of skylights, may be placed in the
side of the shaft above the roof which is farthest removed from a
property line. The window shall have incombustible frame and
sash, and be glazed with thin glass. (Id., § 494(22).)
Sec. 31. Fire escapes.
It shall be the duty of the owner of every factory, workshop,
mill, saw-mill, place where the manufacture of goods of any kind
is carried on, hotel, school building, college, hospital, orphan
asylum, mercantile establishment and office building of over three
stories in height, or where as many as fifteen persons are employed,
lodged, entertained or instructed above the second story of
such building, and theaters and public places of amusement, regardless
of height, to provide for the safe exit of the occupants
thereof in case of fire by the erection, construction and maintenance
in good condition of fire escapes of the most improved
modern design and of fireproof construction.
The owner of any building upon which a fire escape is erected
shall keep the same in good repair and properly painted.
No fire escapes to buildings hereafter erected shall be constructed
over any sidewalk or street.
Fire escapes in new or old buildings shall be easily accessible
from the inside of the building in which they are placed by means
of unobstructed corridors or passageways, and shall in every
case have the location approved by the building inspector. All
doors leading to fire escapes shall be labeled "Fire Escapes" in
letters three inches high, plainly visible, and shall be provided with
locks not requiring keys.
All exterior fire escapes shall be constructed in accordance with
the latest regulations of the National Board of Fire Underwriters.
An exterior fire escape will not be required in fireproof buildings
where each story above the first has at least two means of
exit remote from each other, one of these opening to a street or
fireproof passage leading to a street, and the other opening to a
yard or other space deemed safe by the building inspector and of
sufficient area to accommodate all persons in the building.
Two means of exit remote from each other shall be provided
from each story of dwellings when over three stories in height.
(Id., § 494(23).)
Sec. 32. Floor lights.
Except in dwellings, all openings hereafter made in floors for
the transmission of light to floors below shall be covered with
glass set in metal frames and bars. The glass shall be not less
than three-fourths inch in thickness, and if any glass measures
more than sixteen square inches there shall be a rigid wire mesh
either in the glass or under it. (Id., § 494(24).)
Sec. 33. Roof covering; condemning wood shingle roofs.
All buildings shall be covered with material equal to class "C" as
specified by the National Board of Fire Underwriters.
If a wood shingle roof is damaged by a fire more than fifty per
cent, the entire room shall be removed and replaced with material
equal to class "C", as specified by the National Board of Fire
Underwriters.
The city manager shall have power to condemn and have removed
any wood shingle roof that in his opinion is in such a deteriorated
condition as to be excessively inflammable. (Id., §
494(25).)
Sec. 34. Roof openings.
All openings in roofs for the admission of light or air other than
those provided for in section 30 of this chapter shall have incombustible
frames and sash glazed with wired glass; or ordinary
glass may be used, if protected above and below by galvanized steel
wire screens with a mesh not exceeding one inch, and the wire not
smaller than No. 12 gauge. The top screen shall be installed as
specified in section 27 of this chapter. (Id., § 494(26).)
Sec. 35. Means of egress required.
The term "floor area" as used in this section shall mean the entire
floor space between exterior walls and fire walls.
In every building hereafter erected, except in private dwellings
less than four stories, each floor area above the first shall be provided
with at least two means of egress remote from each other,
and if over two stories high, one egress from each floor, which
shall be an enclosed stairway as provided by section 29 of this chapter,
or a doorway in a fire wall leading to another floor area separately
provided with adequate stairs or other independent means
of exit. Such doorway serving as an emergency exit in a fire wall
shall be protected by an automatic and self-closing fire door as
specified in section 28 of this chapter. No portion of any floor
area shall be more than one hundred feet from a place of egress.
Where two means of egress are required in this section, one may
be omitted if fireproof construction is used as specified in section
29 of this chapter. Elevators shall not be considered as a means of
egress as specified in this section.
Except in dwellings, no required stairway shall be less than
forty-four inches wide, and the total width of exit doorways leading
therefrom shall at least be equal to the total width of the stairways
which they serve.
The total width of stairway, interior and exterior, provided for
the occupancy of each floor and those above, shall be not less than
forty-four inches for the first fifty persons, and twelve inches for
each additional fifty persons to be accommodated thereby. The
stair treads shall be not less than nine and one-half inches wide,
and the risers not more than seven and three-quarters inches high.
Each school, hospital and theater, over one story high, shall have
stairways constructed entirely of incombustible material, and continuous
from grade lines to the topmost story; provided, that this
shall not apply to buildings used primarily for Sunday school
purposes without the congested fire limits.
All exit doors in schools, hospitals, theatres and other places of
public assemblage shall open outward and all existing structures
of this class shall conform thereto.
All stairways, fire escapes, elevator shafts and similar appurtenances
that may hereafter be constructed which are used or designed
to be used in whole or in part, by the tenants of any residential
building or property within the A district as defined by the
building zone map, as a regular or supplementary means of ingress
or egress, except as an additional means of egress during a conflagration,
flood, panic or other disaster, shall be wholly and entirely
inclosed within the walls of the building. This does not
apply to entrances on the rear of buildings. (Id., § 494(27).)
Sec. 36. Fire stops.
At each floor level in all buildings hereafter erected, all stud
walls, partitions, furring and spaces between joists where they
rest on division walls or partitions shall be fire-stopped with incombustible
material in a manner to completely cut off communication
by fire through concealed spaces. Such fire-stopping shall
extend the full depth of the joists, and at least four inches above
each floor level. Stair carriages shall be fire-stopped at least once
in the middle partition of each run. (Id., § 494(28).)
Sec. 37. Areaways.
Areaways constructed under any street shall not extend into the
same more than fifty per cent of the width of the adjacent sidewalk,
and in no case shall they extend a distance greater than three
feet beyond the lot line. Areaways must be covered with transparent
sidewalk lights or metal gratings capable of sustaining a
live load of not less than two hundred pounds per square foot; the
open spaces between the bars or other members shall not exceed
five-eighth of an inch in width. In no case shall areaways be constructed
as a means of ingress or egress from the building, nor for
the transmittal of goods or other articles to or from the building,
but shall be used only for the admission of light and air.
No permit for the construction of areaways shall be allowed
until a written agreement, as prescribed by the council, between
the city and the owner of the property has been executed. This
agreement shall stipulate that the present owner, and any future
owner, of the property shall construct and maintain the areaway
in a safe and proper condition, and that said owners shall be liable
for all damages and injuries caused by the construction, maintenance
or use of said areaways, and shall indemnify and save harmless
the city from all such damages and injuries. It shall further
stipulate that the areaways may be removed or altered by the city
at any time upon ten days' written notice to the owner. Said
agreement shall be recorded in the clerk's office of the corporation
court of this city at the expense of the owner. (Id., § 494(29).)
Sec. 38. Prohibited location for dwelling houses.
No dwelling house or sleeping quarters shall be placed over, or
be connected directly with a stable, barn, haymow, public garage,
dry cleaning establishment, planing mill, carpenter shop, paint
shop or filling station; provided, that the same may be permitted
if the equipment used therein is approved by the National Board
of Fire Underwriters. (Id., § 494(30); Ord. Aug. 6, 1934.)
Sec. 39. Construction of frame buildings.
No frame building hereafter erected or altered shall exceed two
stories in height, except that private dwellings may be three stories
high.
No frame building hereafter erected for any occupancy other
than grain elevators, coal elevators and pockets, ice houses, exhibition
buildings, and structures for temporary occupancy for a
specified period and then subject to special permission shall cover
a ground area exceeding the following:
One story building—seventy-five hundred square feet.
Two story building—five thousand square feet.
In no case shall the extreme projection of a frame building be
erected within five feet of the side or rear lot line, nor within ten
feet of another building on the same lot, unless the space between
the studs on such side be filled solidly with not less than two and
one-half inches of brick work or other equivalent incombustible
material, in which case said distances may be reduced to three feet.
Rows of frame tenement houses are prohibited. Duplex or
double frame houses shall be permitted.
Buildings with wooden framework clad with sheet metal, or
veneered with brick, shall be classed as frame buildings.
The maximum spacing for studding and joists shall be sixteen
inches on centers, that for rafters twenty-four inches. Studding
in external walls and all partitions of dwellings shall be not less
than standard two by fours standing, with studs set the four-inch
way for thickness of walls. The exterior of the framework of all
dwellings shall be sheathed with sheathing not less than three-fourths
inches thick. In case of built-up beams or girders, the
splicing of members shall be made over supports. In case of house
to be weatherboarded, sheathing may be omitted if framework is
sufficiently braced against wind pressure.
Where the frame is properly cross-braced, sheathing may be
eliminated and wood laths embedded in asphaltic binder directly
connected to heavy felt roofing material may be applied directly
to the studding when stuccoed according to provisions elsewhere
outlined in this chapter. Such lathing material shall meet the approval
of the building inspector. Where wire or metal laths are
used on sheathing board there must be a furring strip one-half
inch thick placed not more than sixteen inches on centers.
All floors of wood construction in dwellings shall be constructed
of not less than two by eight standard wood joists. All joists and
studding around openings such as doors and windows shall be
doubled. Openings more than four feet wide in bearing partitions
shall be trussed or framed over with beams of ample size to carry
the full load above. All headers over four feet in length that butt
into trimmers shall be carried on metal joist hangers or mortised
and tenoned headers and trimmers. There shall be at least one
horizontal row of two by four pieces in each story to provide a fire
stop closing off the entire space between studding. (Code 1932,
§ 494(31).)
Sec. 40. Joists and floor loads.
The following schedule of joist sizes and spacings shall be
followed as a minimum for dwellings and tenements, assuming a
total load dead and live for sixty pounds to a square foot using
seasoned short leaf yellow pine lumber.
Maximum Span for Floor Joist
| Size or Equivalent |
Distance on Centers |
Distance between
Bearings |
| 2″ × 8″ |
12″ |
14′ 0″ |
|
16″ |
12′ 8″ |
| 3″ × 8″ |
12″ |
16′ 0″ |
|
16″ |
14′ 6″ |
| 2″ × 10″ |
12″ |
17′ 6″ |
|
16″ |
15′ 9″ |
| 3″ × 10″ |
12″ |
19′ 3″ |
|
16″ |
17′ 6″ |
| 2″ × 12″ |
12″ |
20′ 0″ |
|
16″ |
18′ 0″ |
| 3″ × 12″ |
12″ |
23′ 0″ |
|
16″ |
21′ 0″ |
| 2″ × 14″ |
12″ |
23′ 8″ |
|
16″ |
21′ 6″ |
| 2½″ × 14″ |
12″ |
25′ 6″ |
|
16″ |
23′ 0″ |
| 3″ × 14″ |
12″ |
27′ 0″ |
|
16″ |
24′ 6″ |
In all buildings hereafter erected, altered, or repaired (where
such alterations or repair, in the judgment of the building inspector
shall require new floor construction), all floor construction shall
be constructed in accordance with the following table of minimum
live load requirements:
Hotels (upper floors), apartment houses, dormitories,
hospitals |
60 lbs. |
| Schools |
75 lbs. |
Office buildings (ground floor), corridors, stairs and lobbies
in all buildings of public nature |
90 lbs. |
Assembly rooms, mains floors of theatres, ballrooms,
gymnasiums or any rooms to be used for drilling,
dancing, grandstands, ordinary stores for light stock |
120 lbs. |
| Warehouses and light manufacturing |
150 to 300 lbs. |
Special provision shall be made for heavy concentrated loads.
An addition of fifty per cent shall be made for floors carrying
moving or travelling machinery. (Id.)
Sec. 41. Fire walls in tenement houses.
In rows of tenements constructed of brick or other similar material
there shall be a twelve-inch fire wall between each two units.
(Id.)
Sec. 42. Specifications for sleeping rooms.
In all buildings every sleeping room shall be provided with a
window opening directly upon a street, yard or court, which
windows or openings shall equal in area to at least one-tenth of
the floor area of the room.
The windows of every sleeping room shall be arranged to open
to the extent of one-half their area.
In every building every sleeping room shall be, for at least two-thirds
of its area, not less than seven feet high from the finished
floor to the finished ceiling, and shall be not less than seven feet in
width at its narrowest point, and have an area of not less than
seventy square feet, except that in hotels the area shall not be less
than eighty square feet. (Code 1932, § 494(32).)
Sec. 43. Chimneys, fireplaces, etc.
Except as herein provided all chimneys in every building hereafter
erected, and all chimneys hereafter altered or rebuilt shall be
constructed of brick, stone or concrete. No masonry chimney
shall have walls less than eight inches thick unless it be lined on
the inside with well-burned terra cotta or fire clay chimney tile set
in Portland cement mortar in which case the wall shall be not less
than four inches thick. The lining shall be continuous from the
bottom of the flue to its extreme height. In concrete chimney an
air space of not less than one inch shall be left between the concrete
and flue lining.
No chimney shall be corbeled out more than eight inches from
a brick wall, and such corbeling shall consist of at least five courses
of brick.
All chimneys shall be capped with terra cotta, brick, stone, concrete
or cast iron.
The smoke flue of every high pressure steam boiler and every
appliance producing a corresponding temperature in a flue, if built
of brick, stone, reinforced concrete or other approved masonry,
shall have walls not less than twelve inches thick, and the inside
four inches of such walls shall be fire brick, laid in fire clay mortar,
for a distance of at least twenty-five feet from the point where the
smoke connection of the boiler enters the flue.
The top of, or any openings in, a chimney shall be at least three
feet above the nearest partition of the roof.
No chimney in any building shall have wooden supports of any
kind. Supports shall be incombustible and shall rest upon the
ground or the foundation on approved mortar stumps.
All chimneys which are dangerous from any cause shall be repaired
and made safe or taken down.
Metal smokestacks may be permitted for boilers, furnaces and
similar apparatus where large hot fires are used, provided they
may have a clearance from all combustible material of not less than
one-half the diameter of the stack, but not less than fifteen inches
unless the combustible material be properly guarded by loose-fitting
metal shields, in which case the distance shall not be less than
twelve inches. Where such stack passes through a roof, it shall be
guarded by a galvanized iron ventilating thimble extending from
at least nine inches below the under side of the ceiling or roof
beams to at least nine inches above the roof, and the diameter of
the ventilating thimble shall be not less than thirty-six inches
greater than that of the smokestack.
The fireback of every fireplace hereafter erected shall be not
less than eight inches in thickness of solid brickwork, nor less than
twelve inches of stone lined with firebrick. When a grate is set
in a fireplace a lining of firebrick at least two inches in thickness
shall be added to the fireback; soapstone, tile or cast iron may be
used, if solidly backed with brick or concrete.
The walls of all incinerators connected with buildings shall be
not less than eight inches thick, the inside four inches of which
shall be constructed of standard well-burned firebrick.
All flue holes when not in use shall be closed with tight-fitting
metal covers. (Id., § 494(33).)
Sec. 44. Separating wooden beams, etc., from chimneys,
etc.
No wooden beams or joists shall be placed within two inches of
the outside face of chimney or flue, whether the same be for
smoke, air or any other purpose.
No wooden furring or studding shall be placed against any
chimney. The plastering shall be directly on the masonry, or on
metal lathing and furring.
Woodwork fastened to plaster which is against the masonry of
a chimney shall have a layer of asbestos board at least one-eighth
inch thick placed between the woodwork and the plaster. (Id., §
494(34).)
Sec. 45. Smoke pipes.
No smoke pipe shall be within six inches of any woodwork, or
any wooden lath and plaster partition or ceiling.
Where smoke pipes pass through a wooden lath and plaster
partition, they shall be guarded by galvanized iron ventilated
thimbles at least twelve inches larger in diameter than the pipes,
or by galvanized iron thimbles built in at least eight inches of brick
work or other incombustible material.
No smoke pipe shall pass through any floor or a roof having
wooden framework except as specified in section 43 of this chapter.
(Id., § 494(35).)
Sec. 46. Hot air pipes, registers, etc.
All heater pipes from hot air furnaces, where passing through
combustible partitions or floors, must be covered with standard
asbestos covering. Horizontal hot air pipes leading from furnace
shall be not less than six inches from any woodwork, unless the
woodwork be covered with loose fitting tin or metal plate, or the
pipe be covered with at least one-half inch of asbestos, or in which
latter case the distance from the woodwork may be reduced to not
less than three inches.
No hot air pipe shall be placed in a wooden stud partition or any
wooden enclosure unless it be at least five feet horizontal distance
from the furnace.
Every hot air furnace shall have at least one register without
valve or louvre.
A register box placed in the floor over a pipeless furnace shall
have an open space around it of not less than four inches on all
sides, and be supported by an incombustible border.
Hot air registers placed in any woodwork or combustible floors
shall be surrounded with borders of incombustible material not
less than two inches wide, securely set in place.
The register boxes shall be of metal, and be double; the distance
between the two shall be not less than one inch, or they may be
single if covered with asbestos not less than one-eighth inch in
thickness and if all woodwork within two inches be covered with
tin.
Cold air ducts for hot air furnaces shall be made of incombustible
material. (Id., § 494(36).)
Sec. 47. Dry rooms.
All dry rooms shall be constructed in accordance with the latest
regulation of the National Board of Fire Underwriters. (Id.,
§ 494(37).)
Sec. 48. Furnaces and similar appliances.
Any woodwork, wooden lath and plaster partition or ceiling
within four feet of the sides or back, or six feet from the front of
any heating boiler, furnace, bakery oven, coffee roaster, fire-heated
candy kettle, laundry, stove or other similar appliance shall
be covered with metal to a height of at least four feet above the
floor. This covering shall extend the full length of the boiler,
furnace or heating appliance, and to at least five feet in front of it.
Metal shields shall be loosely attached, thus preserving an air space
behind them. In no case shall such combustible construction be
permitted within two feet of the sides or back of the heating appliance,
or five feet in front of same.
No furnace, boiler, range or other heating appliance shall be
placed against a wall furred with wood.
Heating boilers shall be encased on sides and top by an incombustible
protective covering not less than one and one-half inches
thick. Except that this shall not be necessary when approved by
the building inspector.
In the installation of oil-burning equipment requiring the placing
of storage tanks above the burner, the feed lines from such
storage tanks to burner shall be protected by an approved antisyphon
valve. (Id., § 494(39).)
Sec. 49. Vent pipes for gas appliances.
All gas water-heaters shall be equipped with vent pipes discharging
into flues or into the open air on the outside of the building.
If the superintendent of the gas department deems it necessary, he
may require similar vent pipes from other gas appliances. Appliances
requiring vent pipes shall be equipped with a draft hood.
This section shall not apply to heaters or gas appliances heretofore
installed. (Ord. June 18, 1934.)
Sec. 50. Vent flues.
Vent flues or ducts, for the removal of foul or vitiated air, in
which the temperature of the air cannot exceed that of the rooms,
shall be constructed of metal or other incombustible material, and
no such flue shall be used for any other purpose. (Code 1932,
§ 494(42).)
Sec. 51. Theatres.
No building shall be erected, altered or added to for the purpose
of converting same into a theatre, opera house or for the use by a
motion picture show, unless it conforms to the latest regulations
of the National Board of Fire Underwriters. (Id., § 494(43).)
Sec. 52. Safety of design.
All parts of every building or structure shall be designed to
safely carry the loads to be imposed thereon, and shall in all other
respects conform to good engineering practice. (Id., § 494(44);
Ord. Jan. 16, 1939.)
Sec. 53. Marquees overhanging streets.
Any person desiring to erect a marquee overhanging any sidewalk
or street shall, before any work is done on same, make application
in writing to the city manager and receive a permit for
such construction.
All applications must be signed by the property owner, and no
permit shall be issued by the city manager as provided herein until
an inspection fee of one dollar has been paid to the city collector.
Marquees erected under the authority of this section shall conform
to the following requirements:
All marquees must be constructed entirely of metal except the
roof surface, or covering and the ornaments. The roof may be
composed of wired glass, not less than one-quarter inch thick, and
shall be protected by a wire screen approved by the city manager.
All ornaments must be composed entirely of metal glass, or other
incombustible material, and when glass ornaments are used they
shall be of sufficient thickness to prevent easy breakage.
All marquees shall be placed not less than nine feet above the
sidewalk or street and shall not project nearer than within ten
inches of the curb line. Adequate provisions must be made for
drainage so that no water will be allowed to drip from marquees
on the sidewalk or street. No marquees shall be anchored, supported
or braced to the wooden beams or other wooden framework
of a building, but must be securely bolted through brick wall or
steel frame of the building supported by a sufficient number of
chains, or other supports, attached to the building as described
above. Posts, pilasters or other supports, placed in the street or
sidewalk will not be permitted.
In every case the safety of design and construction must be approved
by the building inspector.
If the marquees are lighted, only electric lights shall be used and
all electric wiring must be in accordance with the latest regulations
of the National Board of Fire Underwriters for electric wiring.
(Id., § 494(45); Ord. May 1, 1933.)
Sec. 54. Auto repair shops and public garages.
Within the congested fire limits of the city no future auto repair
shop or public garage shall be located in a frame building.
All electrical wiring used in or about future buildings for such
shops or garages, whether within or without the fire limits must
be inclosed in accordance with the requirements of chapter 10.
No building, either within or without the fire limits, shall be
used for an auto repair shop or a public garage where the second
story is occupied for residential purposes.
Any building used for the purposes specified without the fire
limits must be supported by ample masonry foundations, and the
floor of such building must be composed of non-combustible material.
No frame building used for either of the purposes specified shall
connect with another frame building.
No auto repair shop or public garage shall be maintained or
conducted without a license therefor having been first obtained
from the commissioner of the revenue of the city, and no such license
shall be granted except on a certificate from the city manager
that all the conditions of this section, except the obtaining of such
license, have been complied with by the applicant, but in the event
of the refusal of such certificate by the city manager, the applicant
shall have the right of appeal to the city council from such refusal.
(Code 1932, § 494(46).)
Sec. 55. Condemnation of buildings and structures in
dangerous condition.
Whenever the city manager shall be informed that any building
or other structure in the city is in such condition as to endanger the
lives of the occupants or of persons passing in the vicinity thereof,
or to endanger other property adjacent thereto, he shall immediately
notify the city engineer, who shall forthwith proceed to make
an examination of such building or structure, and report to the
city manager his opinion of the same.
The city engineer shall also, without waiting for notification of
the city manager, make a like examination whenever so requested
by any citizen.
If the engineer shall believe, after said examination, that such
building or structure is in such a condition or situation as to endanger
the lives of persons, or to endanger property adjacent
thereto, he shall forthwith so report to the city manager.
On receipt of such report declaring the existence of such danger,
the city manager shall give a written notice to the owner of
the property, or his agent, if he be a non-resident, or to his guardian
or committee, setting forth the existence of the dangerous
condition and making demand that said dangerous condition be
remedied. Upon failure of the person so notified to comply with
said demand, the city manager shall cause a summons to be issued,
requiring the person so notified to appear before the civil and police
justice, to show cause why such building or structure should
not be removed or put in a safe condition.
If after a hearing of the case it shall appear that the building
or structure is in such a condition or a situation as to endanger
the lives of persons, or to endanger other property adjacent thereto,
the civil and police justice shall require such building or structure
to be removed or made safe within a reasonable time. If such
building or structure shall not be removed or made safe within the
time specified in the order, the police justice shall summon such
owner, or his agent if he be a non-resident, or his guardian or
committee, to show cause why such owner should not be fined for
his failure to comply with said order, and to show cause why the
building or structure should not be removed or made safe at the
expense of the owner thereof.
If at such hearing no sufficient cause be shown for failure to
comply with the said order, the owner of said building or structure
shall be fined not less than ten dollars, nor more than twenty
five dollars for each day his failure to comply with such order has
continued, and the police justice may further require such building
or structure to be removed or made safe at the expense of the
owner thereof. (Id., § 494(47).)
Sec. 56. Interpretation of chapter.
The regulations of the National Board of Fire Underwriters
shall be the authority for interpreting the provisions of this chapter
where the language used is not absolutely clear. (Id., § 494(48).)
Sec. 57. To what buildings and structures these regulations
apply.
This chapter of the code shall apply to future building operations
and new buildings to be erected within the corporate limits,
and nothing herein contained shall be deemed to have a retroactive
effect or operation unless clearly indicated.
Sec. 58. Penalties.
Every violation of any of the provisions of this chapter shall
be punished by a fine of not less than five dollars nor more than
twenty-five dollars for each offense and each day such violation
continues shall constitute a separate offense. The owner of the
property, on which any work has been done or material has been
furnished or used in conflict with the provisions of this chapter,
may, after due notice, be required by the civil and police justice to
cause such work and material to be removed from the building or
structure, and from such order requiring such conformity or removal,
an appeal shall lie to the corporation court. (Id., §
494(50).)
