Pennsylvania Act 1895-105 — SECOND CLASS CITIES, PARTY WALLS REGULATED

Act text

SECOND CLASS CITIES, PARTY WALLS REGULATED
                  Act of Jun. 7, 1895, P.L. 135, No. 105              Cl. 11
                                  AN ACT

     Regulating the construction, maintenance, alteration and
        inspection of buildings and party walls in cities of the
        second class.
        Compiler's Note:  Section 5 of Act 180 of 1915, which
            supplemented Act 105, repealed sections 4 through 8, 10
            through 39, 41, 42 and 43.
        Section 1.  Be it enacted, &c., That there shall be in the
     cities of the second class a bureau of building inspection
     attached to the department of public safety and under the
     supervision and control of the director of said department.
        Section 2.  The principal officer of said bureau shall be
     known as the Superintendent of Building Inspection and shall be
     either an architect, a practical builder, civil engineer or
     carpenter, and the other officers of the said bureau shall
     consist of an assistant superintendent and such number of
     inspectors, clerks and messengers or other employees as the said
     director of the department of public safety shall deem
     necessary, subject to the approval of the city councils. The
     assistant superintendent and all of the inspectors shall be
     either practical builders, civil engineers, carpenters or
     bricklayers, but shall not all be of the same occupation. None
     of the aforesaid officers shall be employed or engaged in any
     other business or be interested in any contract for building or
     furnishing materials to be used for building in the said cities.
     The city councils shall from time to time fix their
     compensation.
        Section 3.  The clerk of the bureau shall keep a full and
     complete record of all the business of the said bureau, and
     perform such other duties as shall be imposed on him, and
     necessary for a full record of all proceedings in said bureau.
        Section 9.  Any person or persons who may be now erecting or
     may desire hereafter to erect any house or building in such
     cities, and who may desire to erect therewith a party wall to be
     used in common by the person or persons erecting, and the owner
     or owners of the adjoining lot may apply to the said Bureau of
     Building Inspection of such cities signifying his or their
     intention to erect a party wall, and describing the location of
     his or their lot and the lot adjoining, partly upon which said
     party wall is to be erected, with the plans and specifications
     of the said proposed wall and the materials of which the same is
     to be built, whereupon it shall be the duty of the said Bureau
     of Building Inspection to appoint a time at which the
     Superintendent thereof, or some person by him authorized, will
     meet the party or parties upon the premises, not more than five
     days thereafter, of which application a copy, with notice of the
     time so appointed, shall be served by the said Bureau of
     Building Inspection upon the occupant of said lot at least three
     days before the time so fixed. If said lot is unoccupied the
     said notice shall be served upon the owner or one of the owners
     of the same, if he reside within the county in which such city
     is situate, at least forty-eight hours before the time fixed.
     Service thereof may be made either personally or by leaving a
     copy of the notice at the residence of the owner or occupant. If
     there be no owner or occupant resident in the said county, or if
     such owner be unknown such notice shall be posted upon the
     premises and shall be equivalent to a service. At the time
     appointed, the Superintendent of the said bureau, or some
     suitable person by him appointed, shall have the line dividing
     said lot properly surveyed by the bureau of engineering and
     surveys of such city, and the land upon which the said party
     wall is to be erected, with the breadth and length of the same,
     and which wall shall be equally one-half upon the land of each
     of the adjoining owners, unless the adjoining owners shall
     object that said wall as proposed is thicker than necessary for
     the purpose of any ordinary building. If such objection shall be
     made, then the said Superintendent, or the person by him
     appointed, shall determine how much of said wall shall be placed
     upon each of said lots, and shall decide the same within forty-
     eight hours after the said objection has been made, and his
     decision shall be final and conclusive upon all parties. The
     said party wall shall be erected by the party first building at
     his own cost, including the cost of survey, plans and
     specifications herein required, and when fully completed the
     cost of the same shall be ascertained by the said
     Superintendent, or his agent, who shall, at the same time,
     determine the proportion thereof to be paid by the adjoining
     owner of which he shall give a certificate to the builder, which
     certificate shall be conclusive of all matters therein
     contained: Provided, That at least forty-eight hours' notice
     shall be given by said Superintendent or his agent to the owner
     or owners or occupant of said adjoining lot before said
     certificate shall be given to the builder of the time and place
     when he may be heard with reference to the same. The owner or
     owners of said adjoining lot, his or their heirs, assigns or
     lessees, shall not use said party wall by building into or
     against it, or by in any way using it for any new building or
     structure, until he or they shall have paid to the first builder
     or builders, his heirs or assigns, the proportion of the cost of
     said wall as fixed by said Superintendent or his agent, or of so
     much of it as he may desire to use. Whenever any party wall
     shall become impaired in whole or in part, or whenever the same
     shall in whole or in part be unfit or unsafe for the purpose of
     erecting a new building or buildings upon the adjoining lot and
     the owner or owners of said wall, or any one of the same, shall
     desire to have said wall repaired or shall desire, in whole or
     in part, to tear down said wall and have erected a new party
     wall for the purpose of then erecting a new building, any one of
     the owners of said wall may apply, in writing, to the Bureau of
     Building Inspection, signifying to such bureau his or their
     desire in reference to said wall, and it shall thereupon be the
     duty of said Superintendent, or his authorized agent, to examine
     the same, having given notice as prescribed in this section when
     said examination shall take place, the said Superintendent, or
     his agent, shall, within six days after said application has
     been made, decide what, if any, alteration or repairs shall be
     made in said walls and whether it is necessary that the whole or
     any part, and if so, what part of said party wall shall be torn
     down and a new one erected for the purpose of new buildings
     which either party may then desire to erect, which decision, in
     writing, shall be final and conclusive upon all parties. The
     said Superintendent, or his agent, shall also determine in what
     proportion the cost of repairing or of tearing down part or the
     whole of the old wall and the erection of part or whole of the
     new wall shall be borne by the respective owners of said lots,
     which decision shall also be in writing and shall be conclusive
     upon all parties. It shall be the duty of any court of common
     pleas of the county within which such city is situate, on
     application made by the proper parties in interest, to enjoin
     and restrain any subsequent builder on the adjoining lot from
     cutting or breaking into or using said new party wall, or any
     part thereof, until he or they shall have first paid to the
     first builder, his heirs or assigns, his or their fair
     proportion of the cost of said party wall or of the cost of, in
     whole or in part, tearing down the old wall, or, in whole or in
     part, of erecting a new party wall, as said proportion shall
     have been estimated by the said Superintendent, or his lawful
     agent, of the said Bureau of Building Inspection. For the
     purpose of performing the duties enjoined by this section the
     said Superintendent and the proper officers of the said Bureau
     of Building Inspection and their assistants may, at all
     reasonable hours, enter upon any of the lands within said city
     for the purpose of performing the duties herein required. All of
     the necessary expense incurred in and about the performance of
     the duties named in this section, including the preparation of
     plans and specifications, survey and draughts, shall be borne
     and paid by the person or persons at whose instance and request
     the work shall be done, which expense may be computed in
     determining the final cost of such party wall. All sums of money
     so paid shall be returned to the city treasurer of such city by
     the public officer receiving the same. In all conveyances of
     houses and buildings the right to and compensation for the party
     wall built therewith shall be taken to have passed to the
     purchasers, unless otherwise expressed and reserved, and the
     owner of the house, for the time being, shall have all the
     remedies in respect to such party wall as he might have in
     relation to the house to which it is attached. All party walls
     authorized hereby shall be built solidly from the cellar bottom
     to the top of the fire wall.
        Section 40.  Every theatre or opera house or other building
     which may be hereafter erected or substantially remodeled,
     intended to be used for theatrical or operatic purposes, or for
     public entertainments of any kind where stage scenery and
     apparatus are employed, shall be built to comply with the
     requirements of this section. No building, which at the time of
     the passage of this act is not in actual use for theatrical or
     operatic purposes, and no building hereafter erected not in
     conformity with the requirements of this section, shall be used
     for theatrical or operatic purposes, or for public
     entertainments of any kind where stage scenery and apparatus are
     employed, until the same shall have been made to conform to the
     requirements of this section; and no building hereinbefore
     described shall be opened to the public for theatrical or
     operatic purposes or for public entertainments of any kind where
     stage scenery or apparatus are employed, until the Bureau of
     Building Inspection and the Bureau of Fire, respectively, shall
     have approved the same in writing as conforming to the
     requirements of this section; and no building now being used for
     theatrical or operatic purposes, for public entertainments of
     any kind where stage scenery and apparatus are employed, shall
     be used as such until such buildings are made to conform as
     nearly as possible to the requirements of this section and the
     same approved by the Bureau of Building Inspection. The Director
     of the Department of Public Safety of the said cities shall
     refuse to issue any license for any such building, and shall
     close the same and prevent its opening until a certificate in
     writing of such approval shall have been given by the Bureau of
     Building Inspection and the Bureau of Fire, respectively. Every
     such building shall have at least one front on the street, which
     front shall be as wide as the widest part of the auditorium or
     assembly hall, and in such front there shall be suitable means
     of entrance and exit for the audience. In addition to the
     aforesaid entrance and exits on the street, there shall be
     reserved for service, in case of an emergency, an open court or
     space on the side not bordering on the street where said
     building is located, or a corner lot, and on both sides of said
     building where there is but one frontage on the street. The
     width of such open court or courts shall not be less than seven
     feet where the seating capacity is not over one thousand people,
     above one thousand nor more than eighteen hundred people eight
     feet in width, and above eighteen hundred people ten feet in
     width. Said open court or courts shall begin on a line with or
     near the proscenium wall and shall extend the length of the
     auditorium proper to or near the wall separating the same from
     the entrance, lobby or vestibule, and said open court, or a
     separate and distinct corridor from each open court, shall
     continue to the street through such superstructure as may be
     built on the street side of the auditorium, with continuous
     walls of brick or fire-proof materials on each side the entire
     length of said corridor or corridors, and the ceiling and floors
     shall be fire-proof. Said corridor or corridors shall not be
     reduced in width except by the thickness of the outer wall, and
     there shall be no projection in the same, the outer openings to
     be provided with doors or gates opening toward the street.
     During the performance the doors or gates in the corridors shall
     be kept open by proper fastenings, but at other times they may
     be closed and fastened by movable bolts or locks. The said open
     courts and corridors shall not be used for storage purposes or
     for any purposes whatsoever, except for exit and entrance from
     and to the auditorium and stage, and must be kept free and clear
     during the performance. The level of said corridors at the front
     entrance to the building shall not be greater than one step
     above the level of the sidewalk where they begin at the street
     entrance, and the entrance of the main front of the building
     shall not be on a higher level from the sidewalk than four
     steps, unless approved by the Bureau of Building Inspection. To
     overcome any difference of level existing between exits from the
     parquet into courts and the level of the said corridors,
     gradients shall be employed of not over one foot in ten feet
     with no perpendicular risers. From the auditorium opening into
     the said open courts or on the side street there shall be not
     less than two exits on each side in each tier from and including
     the parquet and each and every gallery. Each exit shall be at
     least five feet in width in the clear and provided with doors of
     iron or wood, and, if of wood the doors shall be constructed as
     hereinbefore in this act described. All of said doors shall open
     outwardly and must be fastened with movable bolts, the bolts to
     be kept drawn during performances. There shall be balconies not
     less than four feet in width in the said open court or courts at
     each level or tier above the parquet on each side of the
     auditorium, of sufficient length to embrace the two exits; and
     from said balconies there shall be staircases extending to the
     ground level with a rise of not over eight and one-half inches
     to a step and not less than nine inches tread, exclusive of the
     nosing. The staircase from the upper balcony to the next below
     shall not be less than thirty inches in width in the clear, and
     from the first balcony to the ground three feet in width in the
     clear where the seating capacity of the auditorium is for one
     thousand people or less, three feet and six inches in the clear
     where above one thousand and not more than one thousand eight
     hundred people, and four feet in the clear where above one
     thousand eight hundred people and not more than two thousand
     five hundred people, and not less than four feet six inches in
     the clear where above two thousand five hundred people. All the
     said balconies and staircases shall be constructed of iron
     throughout, including the floors, and of ample strength to
     sustain the load to be carried by them, and they shall be
     covered with a metal hood or awning to be constructed as shall
     be directed by the Bureau of Building Inspection. Where one side
     of building borders on a street there shall be balconies and
     staircases of like capacity and kind as hereinbefore mentioned
     carried to the ground. When located on a corner lot that portion
     of the premises bordering on the side street and not required
     for the uses of the theatre may, if such portion be not more
     than twenty feet in width, be used for offices, stores or
     apartments, provided the walls separating this portion from the
     theatre proper are carried up solidly to and through the roof,
     and that a fire-proof exit is provided from the theatre on each
     tier equal to the combined width of exits opening on opposite
     sides in each tier communicating with balconies and staircases
     leading to the street in a manner provided in this section. Said
     exit passages shall be entirely cut off by brick walls from said
     offices, stores or apartments, and the floors and ceilings in
     each tier shall be fire-proof. Nothing herein contained shall
     prevent a roof garden, art gallery or rooms for similar purposes
     being placed above a theatre or public building, provided the
     floor of the same forming the roof over such theatre or building
     shall be constructed of iron or steel and fireproof materials,
     and that said floor shall have no covering boards or sleepers of
     wood, but be of tile or cement. Every roof over said garden or
     rooms shall have all supports and rafters of iron or steel and
     be covered with glass or fire-proof materials, or both, but no
     such roof garden, art gallery or room for any public purpose
     shall be placed over or above that portion of any theatre or
     other building which is used as a stage. No workshop, storage or
     general property room shall be allowed above the auditorium or
     stage or under the same or in any of the fly galleries. All of
     said rooms or shops may be located in the rear or at the side of
     the stage, but in such cases they shall be separated from the
     stage by a brick wall and the openings leading into said
     portions shall have fire-proof doors on each side of the
     openings hung to iron eyes built into the wall. No portion of
     any building hereafter erected or altered, used or intended to
     be used for theatrical or other purposes as in this section
     specified, shall be used or occupied as a hotel, boarding or
     lodging house, factory, workshop or manufactory, or for storage
     purposes, except as may be hereafter specially provided. Said
     restriction applies not only to that portion of the building
     which contains the auditorium and the stage, but also to the
     entire structure in connection therewith. No store or room
     contained in the building, or the offices, stores or apartments
     adjoining as aforesaid, shall be let or used for carrying on any
     traffic in articles designated as specially hazardous in the
     classification of the board of fire underwriters, or for
     manufacturing purposes. No lodging accommodation shall be
     allowed in any part of the building communicating with the
     auditorium. Interior walls built of fire-proof materials shall
     separate the auditorium from the entrance vestibule and from any
     room or rooms over the same, also from any lobbies, corridors,
     refreshment or other rooms. All staircases for the use of the
     audience shall be inclosed with walls of brick or of fire-proof
     materials, approved by the Bureau of Building Inspection, in the
     stories through which they pass, and the opening to said
     staircases from each tier shall be the full width of said
     staircase. A fire wall built of brick shall separate the
     auditorium from the stage and the same shall extend at least
     four feet above the stage roof, or the auditorium roof, if the
     latter be the higher and shall be coped. Above the proscenium
     opening there shall be an iron girder covered with fire-proof
     materials to protect it from the heat. There shall also be
     constructed a relieving arch over the same, the intervening
     space being filled in with hard burnt brick of the full
     thickness of the proscenium wall. Should there be constructed an
     orchestra over the stage, above the proscenium opening, the said
     orchestra shall be placed on the auditorium side of the
     proscenium fire wall and shall be entered only from the
     auditorium side of said wall. The moulded frame around the
     proscenium opening shall be formed entirely of fire-proof
     materials, and if metal be used the metal shall be filled in
     solid with non-combustible material and securely anchored to the
     wall with iron. The proscenium opening shall be provided with a
     fire-proof metal curtain or a curtain of asbestos or similar
     fire-proof material, approved by the Bureau of Building
     Inspection, sliding at each end within iron grooves securely
     fastened to the brick wall and extending into such grooves not
     less than six inches on each side. Said fire-proof curtain shall
     be raised at the commencement of each performance and lowered at
     the close of said performance, and be operated by approved
     machinery for that purpose. The proscenium curtains shall be
     placed at least three feet distant from the foot-lights at the
     nearest point. There shall be no opening through the proscenium
     wall, except the curtain opening, and not more than two others,
     which shall be located at or below the level of the stage. These
     latter openings shall not exceed twenty-one superficial feet
     each, which shall have doors of iron or wood in each face of the
     wall, and if of wood the door shall be lined with tin and
     securely hung to rabbeted iron frames or rabbets in the brick
     wall. They shall be hung so as to be opened from either side at
     all times. Direct access to these doors shall be provided on
     both sides, and the same shall always be kept free from any
     incumbrance. Iron ladders or stairs securely fixed to the wall
     on the stage side shall be provided to overcome any difference
     of level existing between the floor galleries on the stage side
     of the fire wall and those on the side of the auditorium. There
     shall be provided, immediately under the glass of sky-lights, a
     wire netting, unless the glass contains a wire netting within
     itself. Over the stage there shall be metal sky-lights of an
     area or combined area of at least one-eighth of the area of said
     stage, fitted up with sliding sash and glazed with double thick
     sheet glass not exceeding one-eighth of an inch thick and each
     pane thereof measuring not less than three hundred square
     inches, and the whole of such sky-light shall be so constructed
     as to open instantly on the cutting or burning of a hempen cord
     which shall be arranged to hold said sky-lights closed, or some
     other equally simple approved device for opening them may be
     provided. All that portion of the stage not comprised in the
     working of scenery traps and other mechanical apparatus for the
     presentation of a scene usually equal to the width of the
     proscenium opening shall be build of iron or steel beams, filled
     in between with fire-proof material, and all girders for the
     support of said beams shall be of wrought iron or rolled steel.
     The fly galleries entire, including pin rails, shall be
     constructed of iron or steel, and the floors of said galleries
     shall be composed of iron or steel beams filled with fire-proof
     materials, and no wood boards or sleepers shall be used as
     covering over beams, but the said floor shall be entirely fire-
     proof. The rigging loft shall be fire-proof, except the floor
     covering the same. All stage scenery, curtains and decorations
     made of combustible material and all woodwork on or about the
     stage shall be saturated with some noncombustible material or
     otherwise rendered safe against fire to the satisfaction of the
     Bureau of Fire. The roof over the auditorium and the entire main
     floor of the auditorium and vestibule, also the entire floor of
     the second story of the front superstructure over the entrance
     lobby and corridors, and all galleries in the auditorium, shall
     be constructed of iron or steel and fire-proof materials not
     excluding the use of wooden floor boards and necessary sleepers
     to fasten the same to, but such sleepers shall not mean timbers
     of support. The fronts of each gallery shall be formed of fire-
     proof materials, excepting the capping, which may be made of
     wood. The ceiling under each gallery shall be entirely formed of
     fire-proof materials. The ceiling of the auditorium shall be
     formed of fire-proof materials. All lathing whenever used shall
     be of metal. The partitions in that portion of the building
     which contains the auditorium, the entrance, vestibule and every
     room and passage devoted to the use of the audience shall be
     constructed of fire-proof materials including the furring of
     outside or other walls. None of the walls or ceilings shall be
     covered with wood sheeting, canvass or any combustible material,
     but this shall not exclude the use of wood wainscoting to a
     height not to exceed six feet which shall be filled in solid
     between the wainscoting and the wall with fire-proof materials.
     The wall separating the actors' dressing rooms from the stage
     and the partitions dividing the dressing rooms, together with
     the partitions of every passageway from the same to the stage,
     and all other partitions on or about the stage, shall be
     constructed of fire-proof material approved by the Bureau of
     Building Inspection. All doors in any of said partitions shall
     be of iron or of wood constructed as hereinbefore described. All
     the shelving and cupboards in each and every dressing room,
     property room or other storage rooms shall be constructed of
     metal, slate or some fire-proof material. Dressing rooms may be
     placed in the fly galleries: Provided, That proper exits are
     secured therefrom to the fire escapes in the open courts, and
     that the partitions and other matters pertaining to dressing
     rooms shall conform to the requirements herein contained, but
     the stairs leading to the same shall be fireproof. All seats in
     the auditorium, excepting those contained in the boxes, shall be
     firmly secured to the floor, and no seat in the auditorium shall
     have more than six seats intervening between it and an aisle on
     either side, and no stool or seats shall be placed in any aisle.
     All platforms in galleries formed to receive the seats shall not
     be more than twenty-one inches in height of risers not less than
     thirty inches in width of platform. All aisles on the respective
     floors in the auditorium having seats on both sides of same
     shall not be less than three feet wide where they begin, and
     shall be increased in width toward the exits in the ratio of one
     and one-half inches to five running feet. Aisles having seats on
     one side only shall be not less than two feet wide at their
     beginning and increased in width the same as aisles having seats
     on both sides. The aggregate capacity of the foyers, lobbies,
     corridors, passages and rooms for the use of the audience, not
     including aisle space between seats, shall on each floor or
     gallery, be sufficient to contain the entire number to be
     accommodated on said floor or gallery in the ratio of one
     hundred and fifty superficial feet of floor room for every one
     hundred persons. Gradients or inclined planes shall be employed
     instead of steps, where possible, to overcome slight difference
     of level in or between aisles, corridors and passages. Every
     theatre accommodating three hundred persons shall have at least
     two exits; when accommodating five hundred persons at least
     three exits shall be provided; these exits not referring to or
     including, the exits to the open court at the sides of the
     theatre. Doorways of exit or entrance for the use of the public
     shall not be less than five feet in width, and for every
     additional one hundred persons, or portion thereof to be
     accommodated in excess of five hundred an aggregate of twenty
     inches additional exit width must be allowed. All doors of exit
     or entrance shall open outwardly and be hung to swing in such
     manner as not to become an obstruction in a passage or corridor,
     and no such doors shall be closed and locked during any
     representation or when the building is open to the public.
     Distinct and separate places of exit and entrance shall be
     provided for each gallery above the first. A common place of
     exit and entrance may serve for the main floor of the auditorium
     and the first gallery, provided its capacity be equal to the
     aggregate capacity of the outlets from the main floor and the
     said gallery. No passage leading to any stairway communicating
     with any entrance or exit shall be less than four feet in width
     in any part thereof. All stairs within the building shall be
     constructed of fire-proof material throughout. Stairways serving
     for the exit of fifty people must, if straight, be at least four
     feet wide between railings or between walls, and, if curved or
     winding, five feet wide, and for every additional fifty people
     to be accommodated six inches must be added to their width. In
     no case shall the risers of any stairs exceed seven and a half
     inches in height nor shall the treads, exclusive of nosings, be
     less than ten and one-half inches wide in straight stairs. In
     circular or winding stairs the width of the tread at the
     narrowest end shall not be less than seven inches. Where the
     seating capacity is for more than one thousand people there
     shall be at least two independent staircases with direct
     exterior outlets provided for each gallery in the auditorium,
     where there are not more than two galleries, and the same shall
     be located on opposite sides of said gallery. Where there are
     more than two galleries, one or more additional staircases shall
     be provided, the outlets from which shall communicate directly
     with the principal exit or other exterior outlets. All said
     staircases shall be of width proportioned to the seating
     capacity as elsewhere herein prescribed. Where the seating
     capacity is for one thousand people or less, two direct lines of
     staircases only shall be required, located on opposite sides of
     the galleries, and in both cases shall extend from the sidewalk
     level to the upper gallery, with outlets for each gallery to
     each of said staircases. At least two independent staircases
     with direct exterior outlets shall also be provided for the
     service of the stage and shall be located on the opposite side
     of the same. All inside stairways leading to the upper galleries
     of the auditorium shall be enclosed on both sides with walls of
     fire-proof materials. Stairs leading to the first or lower
     gallery must be left open on one side, in which case they must
     be constructed as herein provided for similar stairs leading
     from the entrance hall to the main floor of the auditorium, but
     in no case shall stairs leading to any gallery be left open on
     both sides. When straight stairs return directly on themselves,
     a landing of the full width of both flights without and steps
     shall be provided. Stairs turning at an angle shall have a
     proper landing without winders introduced at said turn. In
     stairs when two side flights connect with one main flight no
     winders shall be introduced and the width of the main flight
     shall be at least equal to the aggregate width of the side
     flights. Circular or winding stairs shall have proper landings
     introduced at convenient distances. All enclosed staircases
     shall have on both sides string hand rails firmly secured in the
     wall about three inches therefrom and about three feet above the
     stairs, but said hand rails shall not run on level platforms and
     landings where the same is more in length than the width of the
     stairs. All staircases six feet and over in width shall be
     provided with a centre hand rail of hard wood or metal not less
     than two inches in diameter placed at a height of about three
     feet above the centre of the treads, and supported on wrought
     iron or brass standards of sufficient strength, placed not
     nearer than four feet apart and securely bolted to the treads or
     risers or stairs or both, and at the head of each flight of
     stairs on each landing the post or standard shall be at least
     six feet in height to which the rail shall be secured. Every
     steam boiler which may be required for heating or other purposes
     shall be located outside of the building and the space allotted
     to the same shall be enclosed by walls of masonry on all sides,
     and the ceiling of such space shall be constructed of fire-proof
     material. All doorways in said walls shall have iron doors. No
     floor register for heating shall be permitted. No coil or
     radiator shall be placed in any aisle or passageway used as an
     exit where it forms an obstruction, but all said coils and
     radiators shall be placed in recesses formed in the wall or
     partition to receive the same. All supply, return or exhaust
     pipes shall be properly incased and protected where passing
     through floors or near wood work. Stand-pipes of two and one-
     half inches in diameter shall be provided with hose attachments
     on every floor and gallery, as follows, namely: One on each side
     of the auditorium in each tier, and at least one in the property
     room and one in the carpenter's shop, if the same be contiguous
     to the building. All such stand-pipes shall be kept clear from
     obstruction. Said pipes shall be separate and distinct,
     receiving their supply of water direct from the steam pumps, and
     shall be fitted with the regulation couplings of the Bureau of
     Fire and shall be kept constantly filled with water by means of
     an automatic steam pump or pumps of sufficient capacity to
     supply all the lines of hose when operated simultaneously, and
     said pump or pumps shall be supplied from the street main and be
     ready for immediate use at all times during a performance in
     said building. A separate and distinct system of automatic
     sprinklers, with fusible plugs, approved by the Bureau of Fire,
     supplied with water from a tank located on a roof over the stage
     and not connected in any manner with the stand-pipes, shall be
     placed up and around the proscenium opening and on the ceiling
     or roof over the stage, at such intervals as will protect every
     square foot of the stage service when said sprinklers are in
     operation. Automatic sprinklers shall also be placed wherever
     practicable under the stage and in the carpenter shop, paint
     room, store rooms and property rooms. A proper and sufficient
     quantity of two and one-half-inch hose fitted with the
     regulation couplings of the Bureau of Fire, and with nozzles
     attached thereto and with hose spanners at each outlet, shall
     always be kept attached to each hose attachment. There shall
     always be kept in readiness for immediate use on the stage at
     least four casks full of water and two buckets to each cask.
     Said casks and buckets shall be painted red. There shall also be
     provided hand pumps or other portable fire extinguishing
     apparatus, and at least four axes, and two twenty-five-feet
     hooks, two fifteen-feet hooks and two ten-feet hooks on each
     tier or floor of stage. Every portion of the building devoted to
     the uses or accommodation of the public, also all outlets
     leading to the streets and including the open courts and
     corridors, shall be well and properly lighted during every
     performance, and the same shall remain lighted until the entire
     audience has left the premises. At least two or more oil lamps
     on each side of the auditorium in each tier shall be provided on
     fixed brackets not less than seven feet above the floor. Said
     lamps shall be filled with whale or lard oil and shall be kept
     lighted during each performance, or in place of said lamps
     candles shall be provided. All gas or electric lights in the
     halls, corridors, lobby or any other part of the said buildings
     used by the audience, except the auditorium, must be controlled
     by a separate shut-off located in the lobby and controlled only
     in that particular place. Gas mains supplying the building shall
     have independent connections for the auditorium and the stage,
     and provision shall be made for shutting off the gas from the
     outside of the building. When interior gaslights are not lighted
     by electricity, other suitable appliances, to be approved by the
     said bureau, shall be provided. All suspended or bracket lights
     surrounded by glass in the auditorium or in any part of the
     building devoted to the public, shall be provided with proper
     wire netting underneath. No gas or electric light shall be
     inserted in the walls, woodwork, ceilings or in any part of the
     buildings unless protected by fire-proof materials. All lights
     in passages and corridors in said buildings, and wherever deemed
     necessary by the Bureau of Building Inspection, shall be
     protected by proper wire net work. The footlights, in addition
     to the wire net work, shall be protected by a strong wire guard
     not less than two feet distant from said footlights, and the
     trough containing said footlights shall be formed of and
     surrounded by fire-proof materials. All stage lights shall be
     incandescent electric lights, where the current can be obtained,
     and shall be constructed according to the best known methods and
     subject to the approval of the said bureau, and shall be
     suspended for ten feet by wire rope. All ducts or shafts used
     for conducting heated air from the main chandelier, or from any
     other light or lights, shall be constructed of metal and made
     double with air space between. All stage lights shall have
     strong metal wire guards or screens not less than ten inches in
     diameter, so constructed that any material in contact therewith
     shall be out of the reach of the flames of said stage lights and
     must be soldered to the fixtures in all cases. A diagram or plan
     of each tier, gallery or floor, showing distinctly the exits
     therefrom, shall be printed in a legible manner on the programme
     of the performance. Every exit shall have over the same inside,
     the word EXIT, painted in legible letters not less than eight
     inches high. It shall be within the power of the mayor after
     full report from the department of public safety, to cause the
     closing up of any theatre, opera house or public hall where, in
     the judgment of the mayor and the department of public safety,
     the ingress and egress is not reasonably safe for the safe and
     speedy exit of the audience in case of fire or panic. It shall
     be and is made the exclusive duty of the said Bureau of Building
     Inspection to enforce each and all provisions of this section.
        Section 44.  The violation of any of the provisions of this
     act shall subject all persons, firms or corporations, so
     offending, to a penalty not exceeding one hundred dollars for
     each and every offense, to be recovered summarily before any
     magistrate or court having jurisdiction, and which penalty, when
     recovered, shall be paid into the treasury of such cities. All
     actions for penalties, however, shall be in the name and for the
     use of such city.
        Section 45.  It shall be the duty of the councils of the said
     cities to enact such ordinances as may be necessary for the
     proper enforcement of the provisions of this act, and prescribe
     reasonable penalties for the non-compliance therewith.
        Section 46.  All acts or part of acts inconsistent herewith,
     or supplied hereby, are hereby repealed.