Appeal may be

court.

in which said board shall determine that the said parcels of land are increased in value by the aforesaid order and the carrying out thereof. Every such amount may be revised and corrected by the said board had to superior of street commissioners, subject to appeal therefrom to the superior court to determine such correctness, as is provided in the case of taxes, from the board of assessors. The cost, if any are laid by said superintendent of streets, of the gas pipes and connections and the laying thereof, as determined by said auditor, shall be repaid to said city by the gas company owning the pipes with which the gas pipes laid in said street are connected.

Expense of laying, etc., gas pipes; how paid.

Assessment if not paid within

a year, etc., to

be included in annual tax bills.

SECT. 9. Said chapter is hereby amended by striking out section sixteen, and inserting in place thereof the following new section : Section 16. If the amount of the aforesaid assessable cost for which any parcel of land aforesaid is liable, determined as provided in section fifteen, is not paid before the expiration of one year from the date of said determination, or if such amount as found by the court, on an appeal or other suit or proceeding, is not paid before the last day of May next succeeding the finding of the court, in each case with interest from the date of the passage of the aforesaid order of said street commissioners, at the rate of four and one half per cent. per annum, the board of assessors of said city shall include a sum equal to nine per cent. of such amount in the next and succeeding Apportionment annual tax bills issued for the tax on the said parcel, and in the tax bills issued the first year shall also include interest on the whole of said amount, at the rate of four and one half per cent. per annum from the date of aforesaid order to the last day of October of the year of the date of such tax bill, and in the tax bills for each succeeding year shall include one year's interest on the whole of said amount a the aforesaid rate, and shall so include such sums and interest until ten such sums with interest have been paid; said board shall issue tax bills for such sums for any parcels for which no tax bill To be collected, would otherwise be issued. Every such sum in a tax bill shall be abated, etc., in abated, collected and paid into the city treasury, as if a part of and in the same manner as the city taxes.

of amount in tax bills.

same manner as taxes.

entire amount

at any time.

SECT. 10. Said chapter is hereby amended by striking out section seventeen, and inserting in place thereof the following new Owner may pay section: Section 17. The owner of any parcel of land aforesaid may at any time pay to said city the balance of the amount of the said assessable cost for which his parcel is liable, remaining due after deducting therefrom the several sums, exclusive of interest, included in tax bills as provided in section sixteen, with interest on the whole amount assessed at the rate of four and one half per centum per annum from the last day of October preceding, to the date of payment, and his parcel shall then be relieved from further lien and liability for said May pay portion Cost, or he may at any time pay a part of said balance, and the board of street commissioners may then, at their discretion, with the approval of the mayor, relieve a proportional part of said parcel from further liability and lien for said cost.

of amount.

Department for the inspection of buildings created.

SECTION 11. This act shall take effect upon its passage.

1892. CHAPTER 419.

June 16, 1892.

AN ACT RELATING TO THE CONSTRUCTION, MAINTENANCE AND INSPECTION
OF BUILDINGS IN THE CITY OF BOSTON.

Be it enacted, etc. :

SECTION 1.

There shall be in the city of Boston a department, to be called the department for the inspection of buildings, which shall

be furnished, at the expense of the city, with office room and such supplies for the transaction of its business as the city council may provide. The compensation of its officers shall be provided for by said city by ordinance.

SECT. 2. The chief officer of said department shall be called the Chief officer. inspector of buildings, and shall be either an architect, builder, or

civil engineer, and shall be appointed by the mayor and confirmed

by the board of aldermen. He shall hold office for the term of Tenure of office. three years or until his successor shall be appointed and confirmed, but may be removed by the mayor for malfeasance, incapacity, or Removal. neglect of duty.

inspectors, etc.,

SECT. 3. The other officers of said department shall consist of a Assistant clerk and such number of assistant inspectors and civil engineers as appointment the city council may from time to time by ordinance determine. All and removal. of said officers shall be appointed by the inspector, with the approval of the mayor, and shall hold office during good behavior; but may be removed by the inspector, with the approval of the mayor, for malfeasance, incapacity, or neglect of duty.

engage in other

SECT. 4. None of the aforesaid officers of the department shall Officers not to be employed or engaged in any other business, or be interested in business, etc. any contract for building or for furnishing materials to be used for building in the city of Boston.

SECT. 5. In case of the temporary absence or disability of the Inspector may inspector he may appoint one of the assistant inspectors as his appoint deputy. deputy, and such deputy shall, during such absence or disability, exercise all the powers of the inspector. The clerk of the depart- Clerk to have supervision of ment shall, under the direction of the inspector, have supervision officers. and direction of the other officers and employees of said department.

steam-boilers.

SECT. 6. The inspector shall keep a record of the business of Records and said department, submit to the city council a yearly report of such annual report. business, ascertain all facts and make all returns required by law To make rerelative to steam boilers, and enter, if necessary, upon the premises turns relative to wherein any fire has occurred, in order to investigate the origin of the fire. He may require plans and specifications of any proposed May require erections or alterations of buildings, to be filed with him, and shall plans, etc., to grant permits for such erections or alterations when in conformity him. with the requirements of this act.

be filed with

buildings in

To make record

dangerous

record.

SECT. 7. The inspector or his assistants shall examine all build- To examine ings in the course of erection or alteration, as often as practicable, course of erecand make a record of all violations of this act, with the street and tion, etc. number where such violations are found, the names of the owner, of violations of architect, and master mechanics, and all other matters relative thereto. act. SECT. 8. The inspector or his assistants shall examine all build- To examine ings reported dangerous or damaged by fire or accident, and make a buildings, etc., record of such examinations, stating the nature and amount of such and make damage, the name of the street and number of the building, the names of the owner and occupant, and the purpose for which it is occupied, and in case of fire the probable origin thereof; shall examine all buildings for which applications have been made for permits to raise, enlarge, alter, build upon or tear down, and make a record of such examination. The records required by this section Records to be shall always be open to the inspection of the engineers of the fire open to inspecdepartment or any officer of the city, and of any other parties the neers, etc. value of whose property may be affected by the matters to which such records relate.

tion of engi

attend fire in

SECT. 9. The assistant inspectors of buildings shall attend all Assistants to fires occurring in the districts to which they are respectively assigned; their districts, shall report to the chief or assistant engineer of the fire department, etc.

Engineers to make necessary

and present all information they may have relative to the construction and condition of the premises on fire, and of the adjoining buildings. SECT. 10. It shall be the duty of the engineers, upon the request computations, of the inspector or of the board of appeal hereinafter provided, to make all necessary computations as to the strength of materials, and to furnish expert assistance with regard to the mode of construction of any building subject to the provisions of this act.

etc.

To inspect plans, etc., be. fore granting

permit for erec

tion.

Copy of plans

of public build

ing to be depos

ited in inspec

tor's office.

Board of appeal created.

members of.

SECT. 11. The inspector shall not give a permit for the erection of any building until he has carefully inspected the plans and specifications thereof, ascertained that the building has sufficient strength, and that the means of ingress and egress are sufficient. A copy of the plans and specifications of every public building shall be deposited in the office of the inspector. The inspector may require any applicant for a permit to give notice of the application to any persons whose interests may be affected by the proposed work.

SECT. 12. There shall be in said Boston a board, to be called the board of appeal from the inspector of buildings, which board shall Appointment of consist of three members, to be appointed as follows: One person, who shall be appointed by the mayor, with the approval of the board of aldermen, and who shall hold his office for three years from the date of his appointment. One architect, who shall be appointed, with the approval of the mayor, by the Boston chapter of the American Society of Architects, such appointment being duly certified by the proper recording officer of said chapter, and who shall hold his office for two years from the date of his appointment. One master builder, who shall be appointed, with the approval of the mayor, by the Master Builders' Association, such appointment being duly certified by the proper recording officer of such associaTenure of office tion, and who shall hold his office for one year from the date of his appointment. The terms of the several members of said board shall be three years each, after the expiration of the first terms. Any member of said board may be removed by the mayor for malfeasance, incapacity, or neglect of duty. Each member of said board shall be paid by the city a compensation of five dollars for each hour of actual service, but not exceeding one thousand dollars City to pay ex. per annum. The reasonable expenses of said board, including clerical assistance and office expenses if required, shall be paid by the Disqualification City of Boston. No member of said board shall sit in a case in

and removal.

Salary.

penses.

of members.

Appeals, how taken and beard.

which he is interested, and in case of such disqualification, or of the necessary absence of any member, the two other members shall appoint a substitute. If two or more members are so disqualified or absent, the inspector shall appoint one substitute, the appellant another, and the two so appointed shall, if necessary, appoint a

third.

SECT. 13. Any applicant for a permit from the inspector of buildings required by this act, whose application has been refused, or any person who has been ordered by the inspector to incur any expense, may within fifteen days after being notified of such refusal or order, appeal from the decision of the inspector by giving to the inspector notice in writing that he does so appeal. Any person, the value of whose property may be affected by work to be done under any permit granted by the inspector of buildings, may, within three days after the issuing of such permit, appeal by giving to the inspector notice in writing that he does so appeal. All cases in which appeals have been taken as above provided shall be referred to the board of appeal, and said board shall, after hearing, direct the inspector to issue his permit under such conditions, if any, as they may require, or to withhold the same.

may enter

SECT. 14. Any member of the board of appeal and any officer Officers, etc., of the department for the inspection of buildings may, so far as may buildings. be necessary for the performance of his duties, enter any building or premises in the city of Boston.

obtained from

SECT. 15. No building shall be hereafter erected or altered and Permit to be no work affecting the strength or fire risk of any wall, structure or inspector for building in the city of Boston shall be done without a permit from erection, etc., the inspector of buildings nor except in conformity with the provisions of this act.

of buildings.

to conform to

SECT. 16. Every wall, structure, and building hereafter built or All walls, etc., altered in said city shall conform to the provisions of this act, except this act except. bridges, quays, wharves, and buildings belonging to the government

of the United States.

66

terms used in

SECT. 17. In this act the following terms shall have the mean- Meaning of ings respectively assigned to them: "Alteration" means any change this act defined. or addition. "Building of the first class" means building of fireproof construction throughout. "Building of the second class" means all buildings not of the first class, the external and party walls of which are of brick, stone, iron, or other equally substantial and incombustible material. "Building of the third class" means any building not of the first and second class. "Cellar means a basement or lower story of which one half or more of the height from the floor to the ceiling is below the level of the street adjoining. "Foundation" means that portion of a wall below the level of the street curb, and where the wall is not on a street, that portion of the wall below the level of the highest ground next to the wall; but if under party or partition walls, may be construed by the inspector to mean that portion below the cellar floor." Height of a building" means the perpendicular distance of the highest point of the roof above the highest street level of the principal front. Height of a wall" means the height from the mean grade of the sidewalk or adjoining ground to the highest point of the wall. "Inspector" means the inspector of buildings of the city of Boston. "Lodging house means a building in which persons are accommodated with sleeping apartments, and includes hotels and apartment houses where cooking is not done in the several apartments. "Party wall" means every wall used, or built in order to be used, as a separation of two or more buildings. "Partition wall" means any interior wall of masonry in a building. "External wall" means every outer wall or vertical enclosure of a building other than a party wall. 66 Repairs" means the reconstruction or renewal of any existing part of a building, or of its fixtures or appurtenances, by which the strength or fire-risk is not affected or modified, and not made in the opinion of the inspector, for the purpose of converting the building in whole or in part to a new one. "Tenement house" means a building which, or any portion of which, is occupied, or intended to be occupied, as a dwelling by more than three families living independently of one another, and doing their cooking upon the premises; or by more than two families above the second floor, so living and cooking. "Thickness of a wall means the minimum thickness of such wall.

tend, etc., build.

SECT. 18. The city of Boston may from time to time, by ordi- City may exnance, extend the building limits in said city, and may establish other ing limits. limits in any districts of said city, and within such limits every building built after the establishment thereof shall be of the first or second class, and only the following third-class structures shall be allowed, viz.: The wharves and sheds on wharves not exceeding twenty-seven feet in height. Sheds not exceeding the same height Third-class to be used for market purposes, or to facilitate the building of au- erection, etc., thorized buildings. Elevators of any height, for the storage of coal of.

structures,

Strength of

and grain, but all external parts of said sheds and elevators shall be covered with slate, tile, metal, or other equally incombustible material, and their mode of construction and location shall be subject to the approval of the inspector.

STRENGTH OF MATERIALS.

SECT. 19. The stresses in materials hereafter used in construcmaterials used tion, produced by the calculated strains due to their own weight and applied loads, shall not exceed the following:

in construction.

Timber.

Stresses in Founds per Square Inch.

For posts with flat ends.

Wrought-iron and steel, stress

Stresses due to transverse strains combined with direct tension or compression, not to exceed extreme fibre stresses given above.

Deflection. Modulus of Elasticity.

length of

The stresses given in the following table, in which L = post, D= least diameter of post, and S = stress per square inch.

in pounds, etc.