5. Punishment for violations. If said notice shall not be complied with by the removal forthwith of such incumbrance, and keeping said fire escapes, balcony or ladder free from incumbrance, then the said commanding officers shall apply to the nearest police magistrate for a summons for the occupant of the said premises or apartment of which the fire escape forms a part, and, on conviction, the said occupant shall be fined not more than $10 for each offense, or may be imprisoned not to exceed 10 days, or both, in the discretion of the court.

ARTICLE 9

PROJECTIONS BEYOND BUILDING LINE

(Added by ord. effective Dec. 28, 1915)

Sec. 170. Restrictions.

§ 171. Permits revocable.

§ 172. Alterations.

173. Existing encroachments.

§ 174. Action of board of estimate.1

Sec. 170. Restrictions. 1. General.-Except as hereinafter otherwise provided in this article no part of any building hereafter erected, or of any enlargement of an existing building shall project beyond the building line so as to encroach upon a public street or public space.

2. Projections removable.-Any part of a building permitted to project beyond the building line under the provisions of this article shall be so constructed that its removal may be made at any time without causing the building or any part thereof to become structurally unsafe.

3. Structural support.-No part of any building hereafter erected or of any enlargement of an existing building that is necessary for the structural safety of the building or an enlargement thereof shall project beyond the building line so as to encroach upon a public street or public space, but this shall not be deemed to prohibit the projection beyond the building line to the extent of not more than 12 inches of the footings of street walls provided such projecting parts of footings are not less than 8 feet below the sidewalk level.

4. Permissible projections.—a. Areas, meaning thereby open spaces below the ground level immediately outside the building and enclosed by substantial walls, may project beyond the building line not more than 1/15 of the width of the street, but not more than 5 feet, except where entirely prohibited by § 160 of chapter 23 of this Code, provided, however, that every such area shall be covered over at the street level by an approved grating of metal or other incombustible material of sufficient strength to carry safely the pedestrian street traffic.

b. Steps, leading up or down at entrances and included between ornamental columns, pilasters or check pieces at least 3 feet high 1 For decisions as to projections and encroachments see Chapter 23, articles 13 and 14.

on the sides of such entrances, may project beyond the building line not more than 21⁄2 per cent. of the width of the street, but not more than 18 inches in any case, except where prohibited entirely by § 160 of chapter 23 of this Code, provided that the aggregate width of such steps shall not exceed 20 per cent. of the actual street frontage of any one building, when such frontage is 25 feet or more nor more than 5 feet when such frontage is less than 25 feet.

c. Columns, pilasters and ornamental projections, including their mouldings and bases, erected purely for the enhancement of the beauty of the building from an artistic standpoint, may project beyond the building line not more than 22 per cent. of the width of the street, but not more than 18 inches in any case.

d. Balustrades of an ornamental character, including the sills and brackets on which they rest, may project beyond the building line not more than 5 per cent. of the width of the street nor more than 22 inches in any case, provided that every part of such balustrade is not less than 10 feet above the sidewalk.

e. Mouldings, belt courses, cornices, lintels, sills, pediments and similar projections of a decorative character may project beyond the building line not more than 14 per cent. of the width of the street nor more than 10 inches in any case.

f. The main cornice, meaning thereby a moulded projection at or near the top of the street wall, may project beyond the building line not more than 5 per cent. of the width of the street nor more than 5 feet in any case, provided such main cornice is not less than 12 feet above the sidewalk at any point.

g. Base courses may project beyond the building line not more than 14 per cent. of the width of the street nor more than 10 inches in any case, provided they do not extend more than 5 feet above the highest point of the sidewalk.

h. Rustications and quoins may project beyond the building line not more than 4 inches.

i. Awnings and marquises, extending wholly or in part across the sidewalk, in connection with entrances to buildings, shall be not less than 10 feet above the sidewalk at all points, except where prohibited by § 160 of chapter 23 of this Code, provided they are constructed of iron and glass or other incombustible materials, and securely supported from the building, and are properly drained, and provided further that, except on streets that may by ordinance be designated as market streets, no awning or marquise shall extend along the street wall of a building for more than 75 per cent. of the length of such wall, nor, in any case, more than 50 feet, and there shall be a clear distance of not less than 4 feet between any two awnings on the same building.

j. Fire escapes and balconies to fire towers or other required exits, constructed of steel or other incombustible material, when required on the fronts of buildings, may project beyond the building line not more than 42 feet, but no part of such fire escapes or balconies shall be less than 10 feet above the sidewalk, provided that nothing in this section shall prevent the use of movable ladders or stairs to the sidewalk, so arranged that they are within 10 feet of the sidewalk only when in actual use.

k. Vaults, entirely below the sidewalk level and conforming to

the requirements of article 17, chapter 23, of this Code, shall not extend beyond the curb line. Openings in the roofs of vaults, between the building line and curb, shall be provided with substantial covers, flush in all parts with the sidewalk, of incombustible material, and so constructed and maintained as to be normally kept closed and when open thoroughly safeguarded, and to prevent persons from slipping thereon.

1. Hose connections for interior fire extinguishment equipments and fresh air inlets for plumbing systems may project through a street wall not more than 12 inches beyond the building line, except that where there is an angle formed by the street wall and a check piece or the base of a column, pilaster or ornamental projection, provided as in this section specified, they may be so located that no part extends more than 15 inches from either side of such angle.

5. Rules governing projections.-Nothing in this article shall be deemed to abridge the powers and duties of the borough presidents or the commissioners of parks, within their respective jurisdictions, to adopt additional rules as may be necessary with respect to the construction or disposition of parts of buildings projecting beyond the building line. The borough presidents or commissioners of parks may, when deemed necessary or desirable, fix further restrictions as to the extent of projections beyond the building line, but no projection greater than in this article specified shall be permitted.

§ 171. Permits revocable.-Any permission, express or implied, to construct part of a building so as to project beyond the building line, under the provisions of this article, revocable by the board of aldermen or the board of estimate at will.

§ 172. Alterations.-No alterations or enlargement shall be made to any existing part of a building now projecting beyond the building line, except in conformity with the provisions of this article so far as it affects new construction.

§ 173. Existing encroachments. Such parts of buildings which already project beyond the building line may be maintained as constructed until their removal is directed by the board of aldermen or the board of estimate, provided, however, that nothing contained in this article shall be deemed to abridge the right of the city, or any of its officers, to continue any action for the removal of any unauthorized projection beyond the building line or for the collection of any penalty heretofore incurred in connection therewith.

§ 174. Action of board of estimate.-Nothing in this article shall be deemed to authorize any projection beyond the building line on those streets on which the removal or projections has been heretofore or may be hereafter directed by the board of estimate, except in conformity to resolutions by such board.

ARTICLE 10

SAFEGUARDS DURING CONSTRUCTION OR DEMOLITION

(As amended by ord. effective Nov. 23, 1915)

Sec. 190. Enforcement of article.

§ 191. Sidewalk sheds.

192. Temporary fence.

193. Roofs and skylights of adjoining buildings. $194. Scaffolding.

195. Floors to be filled in or covered over.

196. Protection of floor openings.

197. Weather protection.

198. Cellar drainage.

199. Overloading prohibited.

$200. Precautions during demolition.

Sec. 190. Enforcement of article.-Except as may be otherwise provided by any law or ordinance, the provisions of this article shall be enforced by the superintendent of buildings, and all safeguards required by the provisions of this article or by any rules authorized thereunder shall be subject to the supervision of the bureau of buildings. The superintendent of buildings shall, from time to time, adopt such rules, consistent with the provisions of this article, as may be necessary to secure fully the protection of persons and property. In case any safeguard shall not be provided as prescribed by this article, the superintendent of buildings shall cause a notice to be served personally upon the persons whose duty it may be to provide the same or upon the owners of the buildings affected, requiring such safeguard and specifying the manner in which the same shall be erected. If such safeguard is not provided as required in such notice, within three days after the service thereof, the superintendent of buildings shall have full power and authority to provide or cause the same to be provided as herein specified. All expenses connected with same may become a lien on the property inclosed or protected, which lien may be created and enforced in the same manner as now provided in § 652 of this chapter.

§ 191. Sidewalk sheds. Whenever any building or part thereof, within ten feet of the building line, is to be erected or raised to exceed forty feet in height, or whenever such a building more than forty feet in height is to be demolished, the owner or the person doing or causing such work to be done shall erect and maintain during such work a substantial shed over the sidewalk in front of said building and extending, so far as practicable, from building line to curb. On streets fifty feet or less in width and on streets having sidewalks less than fifteen feet in width, such sheds may extend beyond the curb to such extent as may, on the recommendation of the superintendent of buildings, be approved by the borough president, provided that when such sheds extend to within fifteen feet of the opposite building line the written approval of the lessees, tenants or occupants of the two stories or parts of stories next above the curb of the buildings along the opposite building line shall have been obtained before such approval is issued. Such shed shall remain in place until the building is enclosed, or, in case of demolition, until the building has been reduced to twenty feet in height. Every such shed shall be kept properly lighted at night.

Adopted June 15, 1920. Approved June 22, 1920.

§ 192. Temporary fence.-Iu any building operation that does not require a sidewalk shed as provided in § 191 of this article, the owner or person doing or causing such work to be done, shall, unless relieved by a general rule of the superintendent of buildings or a special permit from him, erect and maintain in front of the building during such building operation, a substantial fence not less than eight feet high, of wood or other suitable material. Such fence may extend not more than six feet into the highway, and shall be built solid for its full length except for such openings, provided with sliding doors or doors swinging inwards, as may be necessary for a proper prosecution of the work.

$193. Roofs and skylights of adjoining buildings.-When any building is to be carried above the roof of an adjoining building, proper means

for the protection of the skylights and roof of such adjoining building shall be provided, at his own expense, by the person constructing or causing the construction of such building, provided that if the owner, lessee or tenant of the adjoining building should refuse permission to have the roofs and skylights so protected, the responsibility and expense for the necessary protection shall devolve on the person refusing this permission.

§ 194. Scaffolding.-All scaffolds used in connection with the erection, alteration or demolition of any building shall be constructed in a manner to secure the safety of the workmen on them and of all persons passing under or near them. All scaffolds used on or about buildings at a height of more than twenty feet above the street or ground level, or a floor, except scaffolding wholly within the interior of a building and covering the entire floor space of any room therein, shall be provided along the outer edges and ends with substantial railings or enclosures of wire mesh or other suitable material, extending at least three feet above the working platform.

$195. Floors to be filled in or covered over.-If the floors of any building are to be of fireproof construction the floor filling shall be completed as the building progresses. If the floors consist of wood beams the under-flooring, when double flooring is to be used, shall be laid on each story as the building progresses; when double floors are not to be used, the floors two stories below the story where the work is being performed shall be kept planked over. If the floor beams are of iron or steel, the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work, and for the raising or lowering of materials to be used in the construction of such building, or such spaces as may be designated by the approved plans for stairways and shafts shall be thoroughly planked over.

§ 196. Protection of floor openings.-All floor openings within a building in the course of construction shall be enclosed or fenced in on all sides by a barrier of suitable height, except on those sides which may be used for the handling of materials hoisted through such openings, or at which stairs or ladders land, provided, that such sides, other than landings, shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edge of such opening.

§197. Weather protection.-Whenever permission has been given under any of the provisions of this chapter to enter any adjoining building the person who receives such permission or who is responsible for the work requiring such permission, shall provide for such adjoining building adequate protection against the weather.

§ 198. Cellar drainage.-Before the foundation walls of any building are completed provision shall be made to prevent water accumulating in the excavation or cellar to the injury of the foundation, and if there is a sewer in the street the cellar shall also be connected therewith.

§ 199. Overloading prohibited. No building or part thereof, or any temporary support or scaffolding in connection therewith, shall be loaded during erection, alteration or demolition in excess of its safe carrying capacity.