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REAL . ESTATE
AND
^^ BUILDERS
NEW YORK, APRIL 25, 1914
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REAL ESTATE BOARD'S NOTABLE VICTORY
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Drastic Factory Laws For Low Buildings Modified By New Legisla¬
tion—How the Amendments Were Obtained and What They Mean.
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THE biggest victory that has been
won by the real estate interests
during the past ten years was gained
through the untiring efforts of the Real
Estate Board to secure amendments to
the drastic labor laws that became oper¬
ative October 1 last. These laws, passed
last year after the State Factory In¬
vestigating Commission had filed its re¬
port, were particularly severe and dras¬
tic, as they related to comparatively safe '
four, five and six-story buildings. Un¬
intentionally the laws as they wei-e en¬
acted meant confiscation of equities in
many small store and loft structures',
buildings that are practically safe, but
which, because the definition of a fac¬
tory "is a place where one or more
persons are employed at labor," are
brought within the scope of the law.
They were placed in the same class as
factory structures, like the Triangle
Waist factory. The burning of that
building, and the resultant loss of life,
were chiefly responsible for this legisla¬
tion of 1913.
The Real Estate Board encountered
stubborn opposition at every move when
it began to seek relief. The opposition
came mostly from self-constituted bodies
of uplift workers who were insistent that
no change in the law was necessary. But
the moment the SFate authorities com¬
menced to enforce the laws a strong
sentiment against certain provisions that
were both drastic and unfair swept over
the city, and was shared by both owners
and tenants. Protests were raised on
every hand, and it only needed a power¬
ful body, such as' the Real Estate Board
of New York, to take up the fight and
secure the desired results.
Early in March President McGuire
called a meeting of fifteen real estate
men to discuss ways and means of se¬
curing amendments. The situation was
discussed, and a special committee con¬
sisting of President Warren Cruikshank
and Chas. F. Noyes was' appointed, with
authority to handle the subject. At the
meeting of fifteen there were present:
Charles F. Noyes, Albert B. Ashforth,
Frank Lord, of Daniel Birdsall & Co.;
Gerald R. Brown, of the Equitable; W.
T. Ropes, of Horace S. Ely & Co.; Lau¬
rence M. D. McGuire, Lawrence B. Elli¬
man. of Pease & Elliman; Chas. D. Cone,
of Douglas Robinson, Chas. S. Brown
Co.; Alwyn Ball, Jr., of Southack &
Ball; F. M. Hilton, of Wm. A. White
& Sons; M. J. Engel, of the Central Iron
Works; James Walker, of Wm. C. Wal¬
ker's Sons: Lewis D. Sartlpson, Warren
Cruikshank, of the Cruikshank Com¬
pany.
The special committee immediately
took up in an active way the matter of
securing necessary relief from the Leg¬
islature, and received much valuable as¬
sistance from the Industrial and Build-
in<» Codes' Committee of the Board, of
which committee Mr. Noyes is chair¬
man.
A hearing before the State Factory
Investigating Commission was secured
about the middle of March, and while
it was thought that only a few would
be present, more than two hundred real
estate men, representing not only the
CHARLES F. NOYES
Chairman Industrial and Codes Committee.
Real Estate Board but the United Real
Estate Owners, the Merchants' Associa¬
tion, the American Institute of Archi¬
tects and several engineering societies
appeared at this hearing.
The State Factory Investigating Com¬
mission and Abram I. Elkus. its counsel,
recognizing the tremendous sentiment
against the legislation as it affected low
buildings'—those of four, five and six
stories—immediately co-operated with
the real estate interests, and several
conferences were held between the spe¬
cial committe of the board, the counsel
of the State Factory Investigating Com¬
mission and the Industrial Board. The
result of these conferences was that the
amendments were finally passed on
March 27, the day that the Legislature
adjourned. The Governor has now
signed both bills.
Great credit is due to the committee
of three having charge of this legisla¬
tion, as well as to the Industrial and
Building Codes Committee. Alfred R.
Kirkus and William P. Bannister also
worked hard for the Real Estate Board
to accomplish the desired res'ults, as did
also Alfred E. Smith, Democratic leader
of the Assembly, and the Hon. Robert
F. Wagner, majority leader of the Sen¬
ate. In this connection it is of interest
to real estate owners to know that Mr.
Kirkus has been placed on one or two
committees by the Industrial Board, and
from now on the Real Estate Board
is to be represented in all matters of im¬
portance that come up before the In¬
dustrial Board. Special credit is also
due to Mr. E. A. Tredwell, who has al¬
ways taken a profound interest in this
phase of the board's work, both during
his term as president of the board, and
more recently as a member of the Fire
Hazards Committee of the Industrial
Board.
The Industrial Board, consisting of
Maurice Wertheim, Pauline Goldmark,
Richard J. Cullen and Charles C.
Flaesch, is doing everything it can fairly
to interpret the laws, and it is thought
that this board will be practical in all
of its interpretations of the law.
The amendments secured not only re¬
lieve the owners of buildings five stories
or less in height from costly structural
charges, but place the responsibility for
proper ventilation, etc., in factories upon
the tenant, instead of the owner. The
following are the amendments:
.Senate Bill Print. 1670 Int. 1223:
Fire escapes can be used as a required
means of exit on buildings of five stories
or less in height, except when in the
opinion of the Industrial Board they
do not furnish adequate means of escape
from fire.
Fire escapes on buildings' over five
stories in height may be used as the re¬
quired means of exit, when in the opin¬
ion of the Industrial Board they can be
safely used.
Interior stairways, serving as a re¬
quired means of exit, do not have to be
enclosed in buildings of five stories' or
less in height, unless the Industrial
Board, because of conditions, deems it
necessary.
Window frames and sashes can be
covered with metal instead of being of
metal.
Senate Bill Print. 1670 Int. 1224:
These amendments are summarized as
follows:
Openings in elevators and hoistways'
can be provided with a gate of suitable
height instead of a 6 ft. gate as for¬
merly required.
Fire-escapes erected on buildings con¬
structed before Oct. 1, 1913, of five
stories or less in height, need not com¬
ply with the new laws as to the cut¬
ting down of openings to the floor and
the construction of such openings are
to be governed by the present law ap¬
plicable to fire escapes.
Persons operating factories are now
compelled to look after the ventilation
instead of the owner.
Persons operating factories are now
compelled to provide dressing and emer¬
gency rooms instead of the owner.
Water closets may have suitable ducts'
leading to the outer air, as well as win¬
dows.
A Hearing Called.
The New York State Factory Investi¬
gating Commission, of which Senator
Wagner is chairman, will give its first
public hearing of the present year at
Citv Hall next Tuesday morning at 10
o'clock.
A series of questions' have been sub¬
mitted to property owners concerning
the fire hazard in mercantile establish¬
ments, so as to guide the commission
in drafting its recommendations. Among
the questions asked are these:
1. Shall all vertical openings' between
floors be enclosed in fireproof partitions.