INFECTED AND UNHABITABLE HOUSES TO BE VACATED.

SECTION 80. Whenever it shall be certified by an inspector or officer or agent of the board of health that a tenement house, or any part thereof, is infected with contagious disease, or that it is unfit for human habitation, or dangerous to life or health by reason of want of repair, or of defects in the drainage, plumbing, ventilation or the construction of the same, or by reason of the existence on the premises of a nuisance likely to cause sickness among the occupants of said house, the board may issue an order requiring all persons therein to vacate such house, or part thereof, within not less than twenty-four hours nor more than ten days, for the reasons to be mentioned in said order. In case such order is not complied with within the time specified, the board may cause said tenement house or part thereof to be vacated. The board whenever it is satisfied that the danger from said house or part thereof has ceased to exist, or that it is fit for human habitation, may revoke said order, or may extend the time within which to comply with the same.

FIRE ESCAPES.

SECTION 81. The owner of every tenement house shall keep all the fire escapes thereon in good order and repair, and whenever they become rusty shall have them properly painted with two coats of paint. No person shall at any time place any incumbrance of any kind before or upon any such fire escape.

SCUTTLES, BULKHEADS, LADDERS AND STAIRS.

SECTION 82. All scuttles and bulkheads, and all stairs or ladders leading thereto, shall be easily accessible to all tenants of the building, and kept free from incumbrance, and ready for use at all times. No scuttle and no bulkhead door shall at any time be locked with a key, but either may be fastened on the inside by movable bolts or hooks.

PART VI.

REQUIREMENTS AND REMEDIES.

SECTION 83. In a city which accepts the provisions of this act and in which the office of building inspector or a similar office does not exist, the mayor shall annually appoint an inspector of buildings.

PERMIT TO COMMENCE BUILDING.

SECTION 84. Before the construction or alteration of a tenement house, or the alteration or conversion of a building for use as a tenement house, is begun, and before the construction or alteration of any building or structure on the same lot with a tenement house, the owner shall submit to the building inspector a detailed statement in writing, verified by the affidavit of the person making the same, of the specifications for such tenement house or building, upon blanks or forms to be furnished by such inspector, and also full and complete copies of the plans of the work, together with a plan of the lot on which the same is or is to be situated, showing the location, character and size of all buildings thereon, and the exact dimensions of said lot together with its description by metes and bounds. The said

statement shall give in full the name and residence, by street and number, of the owner or owners of the tenement house or other building. If such construction, alteration or conversion is proposed to be made by any other person than the owner of the land in fee, the statement shall contain the full name and residence, by street and number, not only of the owner of the land, but of every person interested in the tenement house, either as owner, lessee or in any representative capacity. The affidavit shall allege that said specifications and plans are true and contain a correct description of such tenement house or other building, structure, lot and proposed work. The statements and affidavit herein provided for may be made by the owner, or by the person who proposes to make the construction, alteration or conversion, or by his agent. No person, however, shall be recognized as the agent of the owner, unless he shall file with the building inspector a written instrument, signed by the owner, designating him as such agent. Any false swearing in a material point in any such affidavit shall be deemed perjury. The said specifications, plans and statements shall be filed in the office of the building inspector and shall be public records, and no such specifications, plans or statements shall be removed from the said office. The building inspector shall cause all such plans and specifications to be examined.

If such plans and specifications conform to the provisions of law they shall be approved in writing by the building inspector, and he may from time to time approve changes in any plans and specifications, provided that the plans and specifications so altered are in conformity with law, but the building inspector shall not approve any plans or specifications or any changes in the same until the board of health has certified that the said plans and specifications conform to the law relative to light, ventilation and sanitation. The construction, alteration or conversion of such tenement house, building or structure or any part thereof, shall not be begun until the filing of the said specifications, plans and statements, and the approval thereof, as above provided. The construction, alteration or conversion of any such house, building or structure, shall be in accordance with the said approved specifications and plans. Any permit or approval which may be issued by the building inspector but under which no work has been done above the foundation walls within one year after the issuance of the permit or approval, shall expire by limitation. Said inspector shall have power to revoke or cancel any permit or approval in case of any failure or neglect to comply with any provision of this act, or in case any false statement or representation was made in any specifications, plans or statements submitted or filed for such permit or approval.

APPROVAL OF CONSTRUCTION.

SECTION 85. No building hereafter constructed as or altered into a tenement house shall be occupied in whole or in part for human habitation until the building conforms in all respects to the requirements of law. Upon notice of the completion of the construction, alteration or conversion of a tenement house, it shall be the duty of the building inspector and of the board of health to inspect the building forthwith and it shall not be occupied as a place of habitation unless it conforms to the requirements of this act.

PROCEDURE AND PENALTIES.

SECTION 86. Any court having jurisdiction in equity, or any justice thereof sball upon the application of the city solicitor, building inspector or the board of health of any city, have jurisdiction in equity to restrain the construction, alteration, repair, maintenance, use, or occupation of a building or other structure in violation of the provisions of this act and to order its removal or abatement as a nuisance, and to compel compliance with any provision of this act.

SECTION 87. A building or other structure which is erected, altered, maintained or used in violation of the provisions of this act shall be deemed a common nuisance without other proof thereof than proof of such unlawful construction, maintenance or use, and the board of health may, if such violation is of any section of this act relative to light, ventilation and sanitation, and the building inspector may, if said violation is of any other provision of this act, order the owner of said premises at his own expense to abate or remove said nuisance within twenty-four hours, or within such further time as said board of health or said building inspector, as the case may be, considers reasonable, after notice to be served in the manner provided in section ninety-four, and if the owner or occupant fails to comply with such order, the board may abate or remove the nuisance, and all expenses incurred thereby shall be paid by the person who caused or permitted the same.

SECTION 88. Whoever violates any provision of this act shall be punished by a fine of not less than ten dollars. Any person who violates any provision of this act, after he has been served with a notice or order as provided by section ninety-four, or who fails to comply with such notice or order within ten days after such service, or continues to violate any provision or requirement of this act in the respect named in such notice or order, shall be subject to an additional fine of not less than five dollars and not more than twenty dollars for each day after the first day during which the violation continues.

SECTION 89. Any person, the value of whose property may be affected by any action of the board of health or of the building inspector, may have the action of said board or inspector reviewed by the superior court by any appropriate process: provided, that proceedings are instituted within twenty days after such action.

SECTION 90. Any person having any duty to perform in regard to any building or premises under the provisions of this act may, if it be necessary for the performance of such duty, enter any building or premises.

LIENS.

SECTION 91. Every fine imposed by judgment under section eighty-eight of this act upon a tenement house owner shall be a lien upon the house in relation to which the fine is imposed from the time of the filing of a certified copy of the judgment in the office of the register of deeds for the county or district in which the tenement house is situated, subject only to taxes, assessments and water rates and other existing lawful incumbrances, and it shall be the duty of the board of health and the building inspector, upon the entry of said judgment, forthwith to file the copy as aforesaid, and the copy, upon such filing, shall forthwith be properly indexed by the register of deeds.

LIS PENDENS.

SECTION 92. In any action or proceeding instituted by the officer or departments charged with the enforcement of this act, the plaintiff or petitioner may file in the office of the register of deeds for the county or district where the property affected by such action or proceeding is situated, a notice of the pendency of the action or proceeding. The register of deeds with whom the notice is filed shall record it, and shall index it under the name of each person against whom said proceeding is instituted. Any such notice may be vacated by the order of a justice of the court in which the action or proceeding was instituted or is pending. The register of deeds of the county or district where the notice is filed is hereby directed to mark the notice and any record or docket thereof as cancelled of record, upon the presentation and filing of a certified copy of such order.

REGISTRY OF OWNER'S NAME.

SECTION 93. Every owner of a tenement house and every lessee of the whole house, or other person having control of a tenement house, shall file with the board of health a notice containing his name and address, and also a description of the property, by street and number or otherwise, as the case may be, in such manner as will enable the said board easily to find the same; and also the number of rooms in each apartment, and the number of families occupying the apartments.

When the owner or agent is not a resident of the city the notice shall contain the name and address of some agent residing within the city for the purpose of receiving service of process, and notice to and service of process upon such agent shall bind the principal. Blanks for the said registration shall be provided by the board of health.

SERVICE OF NOTICES AND ORDERS.

SECTION 94. Unless otherwise provided in this act, every notice or order in relation to a tenement house shall be served ten days before the time for doing the thing in relation to which it is issued. The service of a notice or order as aforesaid shall be made by the delivery of an attested copy in hand to the owner or his agent, or by leaving an attested copy at the last or usual place of abode of the owner or agent, or, if the owner is a non-resident and has no agent duly appointed, it shall be placed in a conspicuous place in said tenement house and a copy thereof mailed by a registered letter, on the same day on which it is posted, to the owner or his agent at his residence.

SERVICE OF SUMMONS.

SECTION 95. In any action brought by any city official in relation to a tenement house for injunction, vacating of the premises or other abatement of nuisance, or to establish a lien thereon, service of process shall be in the manner provided in the preceding section, except that the service of process shall be made only by a sheriff or one of his deputies or by a constable.

INDEXING NAMES.

SECTION 96. The names and addresses filed in accordance with section ninetythree shall be indexed by the board of health in such a manner that all of those

filed in relation to each tenement house shall be together, and readily ascertainable. The board of health shall provide the necessary books and clerical assistance for that purpose, and the expense thereof shall be paid by the city. Said indexes shall be public records, open to public inspection during business hours.

LAWS REPEALED.

SECTION 97. All acts and parts of acts inconsistent herewith are hereby repealed, and upon acceptance of this act by any city all ordinances of such city inconsistent herewith are hereby annulled.

WHEN TO TAKE EFFECT.

SECTION 98. This act shall not apply to the city of Boston, but it shall take effect in any other city upon its acceptance by a majority vote of the members of each branch of the city council or corresponding body of that city, present and voting thereon, and upon the approval of the mayor. [Approved June 13, 1913.

CHAPTER 800.

AN ACT RELATIVE TO PENSIONING MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF BOSTON.

SECTION 1. Any member of the fire department of the city of Boston who has performed service in that department for a period of not less than twenty-five years and who has reached the age of fifty-five years, shall, upon his own petition to the fire commissioner, be retired and placed upon the pension roll.

SECTION 2. The amount of the annual pension or compensation allowed to any member under the provisions of this act shall be one half of the amount of annual compensation received by him at the time of his retirement, the same to be paid by the city of Boston.

SECTION 3. The provisions of this act shall be in addition to and not in repeal of any act now in force relative to pensioning members of the said department. SECTION 4. This act shall take effect upon its acceptance by the city council of the city of Boston. [Approved June 13, 1913.

CHAPTER 805.

AN ACT RELATIVE TO THE ESTABLISHMENT AND MAINTENANCE OF CONTINUATION SCHOOLS AND COURSES OF INSTRUCTION FOR WORKING CHILDREN.

SECTION 1. When the school committee of any city or town shall have established continuation schools or courses of instruction for the education of minors between fourteen and sixteen years of age who are regularly employed in such city or town not less than six hours per day, such school committee may, with the consent of the board of education, require the attendance in such continuation schools or on such courses of instruction of every such minor thereafter receiving an employment certificate and who is not otherwise receiving instruction approved by the school committee as equivalent to that provided in schools established under the provisions of this act. The required attendance provided for in this act shall be at the rate of not less than four hours per week and shall be between the hours