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Number of
assistant in-
spectors of
buildings.
R. O. p. 138.
Ord. 1883, c. 9.

for carrying into execution his intention to do such things, give to the inspector of buildings, notice in writing of his intention, with the dimensions of the structure proposed, the materials to be used, the number on the street or the precise location, and the name of the owner or owners of the land, in order that any encroachment or other injury or inconvenience to the public streets which might otherwise happen, may be thereby prevented; and in default thereof the city shall be discharged from all damages, of any nature whatsoever, resulting from the failure to give notice as above provided, particularly from all such damages or expenses as have been enhanced or occasioned by reason of anything done previously to or without such notice.

SECT. 10. The number of assistant inspectors of buildings provided for in section three of chapter three hundred and seventy-four of the statutes of the commonwealth of the year eighteen hundred and eighty-five shall be sixteen.1

1 Amended to "twenty" by an ordinance approved March 30, 1886.

NOTES.

The provisions of Rev. Ord. of 1883 with reference to hoistways and elevators (R. O. c. 43, §§ 1-4) are incorporated in St. 1885, c. 374, S$ 107, 108, 109, and 110, but the city council retains the power to further regulate the same by ordinance pursuant to St. 1882, c. 252, § 1, which is not repealed by St. 1885, c. 374, § 147; those relating to chimneys and flues (R. O. c. 43. § 9) are incorporated in St. 1885, c. 374, $$ 70-79. As to liability of the owner or occupant of a building to a policeman for injuries received by the latter while inspecting the premises, by reason of an unguarded elevator-well, see Parker v. Barnard, 135 Mass. 116.

The first section of this chapter is authorized by St. 1885, c. 374, §§ 20, 21.

As to the constitutionality of the building act as an exercise of the police power, and as to the validity of such ordinances as are contained in this chapter, see Salem v. Maynes, 123 Mass. 372.

Sections 2-9, inclusive, are authorized by St. 1885, c. 374, § 20.

The principal act now in force, regulating the erection of buildings in the City of Boston, is St. 1885, c. 374, which repeals all the former acts upon the subject; but see also as to tenements and lodging-houses, St. 1885, c. 382.

The manner of appointing and removing the inspector and his assistants is determined by St. 1885, c. 374, §§ 2, 3; the number of assistants is to be determined by ordinance. St. 1885, c. 374, § 3.

It was intimated by Chief-Justice Gray, in Quinn v. Morse, 130 Mass. 317, 321, that the provisions of the old Prov. St. 1692, c. 13, relative to the building of party-walls in Boston, had never been repealed, and were still in force; but it has been since decided in Wilkinson v. Jewett, 139 Mass. 29, that those provisions have never been in force in the Commonwealth.

The provisions of the Public Statutes affecting the erection and inspection of buildings are to be found in P. S. c. 104, and P. S. c. 101, S$ 1-5. See also St. 1882, c. 208; and St. 1882, c. 266; St. 1883, c. 251. The following statutes relate to and regulate the erection of stables: P. S. c. 102: $$ 38, 39; St. 1810, c. 124; St. 1860, c. 109; St. 1869, c. 369; St. 1878, c. 192.

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Ord. 1883, ch. 3,

SECTION 1. No person shall carry on the business of Plumbers to be plumbing unless he shall have first registered his name and registered, etc. place of business in the office of the inspector of buildings; § 1. and notice of any change in the place of business of a registered plumber shall be immediately given to said inspector. SECT. 2. Every plumber, before doing any work in a Proposed work building, shall, except in the case of the repair of leaks, file to be approved, at the office of the said inspector, upon blanks to be provided Ibid. § 2 for the purpose, a notice of the work to be performed: and no such work shall be done in any building without the approval of said inspector.

etc.

nected with

SECT. 3. Every building shall be separately and inde- Buildings to be pendently connected with the public sewer, when such sewer separately conis provided; and, if such sewer is not provided, with a brick sewer, etc. and cement cesspool of a capacity to be approved by the said Ibid. § 3. inspector.

drain and soil

SECT. 4. Drains and soil-pipes through which water and Construction of sewage is used and carried shall be of iron, when within a pipes. building, and for a distance of not less than five feet outside Ibid. § 4. of the foundation walls thereof. They shall be sound, free from holes and other defects, of a uniform thickness of not less than one-eighth of an inch for a diameter of four inches or less, or five thirty-seconds of an inch for a diameter of five or six inches, with a proportional increase of thickness for a greater diameter. They shall be securely ironed to walls, laid in trenches to uniform grade, or suspended to floor-timbers by strong iron hangers, as the said inspector may direct. They shall be supplied with a suitable trap, placed, with an accessible clean-out, either outside or inside the foundation wall of the building. They shall have a proper fall towards the drain or sewer, and soil-pipes shall be carried

Rain-water leaders to be trapped.

Ord. 1883, c. 3,

§ 5.

Sewer, soil-pipe,

and waste-pipe

out through the roof, open and undiminished in size, to such height as may be directed by the said inspector; but no soil-pipe shall be carried to a height less than two feet above the roof. Changes in direction shall be made with curved pipes, and connections with horizontal pipes shall be made with Y branches.

SECT. 5. Rain-water leaders, when connected with soil or drain pipes, shall be suitably trapped.

SECT. 6. Sewer, soil-pipe or waste-pipe ventilators shall ventilators regu- not be constructed of brick, sheet-metal, or earthen-ware, and chimney-flues shall not be used as such ventilators.

lated.

Ibid. § 6.

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SECT. 7. Iron pipes, before being put in place, shall be first tested by the water or kerosene test, and then coated inside and out with coal-tar pitch, applied hot, or with paint, or with some equivalent substance. Joints shall be run with molten lead, and thoroughly calked and made tight. Connections of lead pipes with iron pipes shall be made with brass ferrules, properly soldered and calked to the iron.

SECT. 8. Every sink, basin, bath-tub, water-closet, slophopper, and each set of trays, and every fixture having a waste-pipe, shall be furnished with a trap, which shall be placed as near as practicable to the fixture that it serves. Traps shall be protected from siphonage or air-pressure by special air-pipes of a size not less than the waste-pipe; but air-pipes for water-closet traps shall be of not less than two-inch bore for thirty feet or less, and of not less than three-inch bore for more than thirty feet. Air-pipes shall be run as direct as practicable, and shall be of not less than four-inch bore where they pass through the roof. Two or more air-pipes may be connected together or with a soilpipe; but in every case of connection with a soil-pipe such connection shall be above the upper fixture of the building.

SECT. 9. Drip or overflow pipes from safes under waterclosets and other fixtures, or from tanks or cisterns, shall be run to some place in open sight, and in no case shall any such pipe be connected directly with a drain, waste-pipe, or soil-pipe.

SECT. 10. Waste-pipes from refrigerators, or other receptacles in which provisions are stored, shall not be connected with a drain, soil-pipe, or other waste-pipe, unless such waste-pipes are provided with traps, suitably ventilated, and in every case there shall be an open tray between the trap and refrigerator.

SECT. 11. Every water-closet, or line of water-closets, on the same floor, shall be supplied with water from a tank or cistern, and the flushing-pipe shall not be less than one inch in diameter; but this requirement shall not apply to water-closets substituted for vaults, where the same are located outside of the building proper, and water-closets may be arranged so as to receive their supply directly from the

main with such fixtures as shall be approved by the inspector of buildings, and by the water board and the board of health.

open to view

SECT. 12. Pipes and other fixtures shall not be covered Fixtures to be or concealed from view until after the work has been ex- until inspected, amined by the said inspector, and he shall be notified by the etc. plumber when the work is sufficiently advanced for inspection.

Ord. 1883, ch. 3,

§ 12.

be used until

SECT. 13. Plumbing work shall not be used unless the Plumbing not to same has first been tested by the said inspector with the tested. peppermint, ether, or water test, and by him found satis- Ibid. § 13. factory.

Steam-exhausts

SECT. 14. No steam-exhaust shall be connected with any not to connect soil or waste pipe, or drain which communicates with a public sewer.

with sewers. Ibid. § 14.

posed to frost to

Ibid. § 15.

SECT. 15. Water-pipes in places exposed to frost shall be Water-pipes expacked with mineral wool, or other substance equally good, be packed and and they shall be cased to the satisfaction of the said cased. inspector. SECT. 16. A grease-trap shall be constructed under the Grease-traps to sink of every hotel, eating-house, restaurant, or other public certain sinks. cooking establishment.

be placed under

Ibid. 16.

this chapter how

SECT. 17. The provisions of sections three to thirteen Provisions of inclusive, and of section fitteen, of this chapter, shall apply applied. only to buildings erected, or to work performed, after the Ibid. § 17. seventeenth day of March in the year eighteen hundred and eighty-three.

NOTES.

The provisions of this ordinance are authorized by St. 1882, c. 252, § 2, which is not repealed by St. 1885, c. 374, § 147.

CHAPTER 50.

Weighers and

inspectors, ap-
pointment.
R. O. p. 139.

Chief weigher

duties.

R. O. p. 139.

OF THE WEIGHING AND INSPECTION OF VESSELS AND BALLAST.

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SECTION 1. There shall be annually appointed by the mayor, subject to confirmation by the board of aldermen, one chief and three assistant weighers and inspectors of vessels and ballast, all of whom shall be sworn to the faithful discharge of their duties. No person shall be chosen to either of said offices, or, having been so chosen, shall continue to fill the same, if he is the owner or agent of, or has any interest in, a vessel engaged in the transportation of stone, gravel, sand, or other ballast, or if he has stone, gravel, sand, or other ballast for sale.

SECT. 2. The chief weigher and inspector shall remain in and inspector, the office mentioned in section four during the time when said office is required by said section to be kept open; shall receive all orders for the services of weighers and inspectors; shall depute the assistant weighers and inspectors to perform such services; and shall keep full and true accounts of the official transactions of the weighers and inspectors and of all money received and expended by them by virtue of their office, and shall report the same, quarterly, to the city council in January, April, July, and October.

Assistant

weighers and inspectors, duties.

R. O. pp. 139, 140.

SECT. 3. The assistant weighers and inspectors shall perform, under the general direction of the chief weigher and inspector, all such services as weighers and inspectors of vessels and ballast are required to perform by the statutes of the commonwealth and by this chapter, and which are not herein especially required to be performed by the chief weigher and inspector; and they shall on each day account for and pay over to the chief weigher and inspector all fees received by them for their services; and such fees, after deducting therefrom the necessary expenses of the office, shall be divided,

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