REAL. ESTATE
AND
NEW YORK, MAY 9, 1914
PB|[iliIiBIHillHiilillllBtail!«ai*^^^
irauiiEra;i!ai.j,£'asi'"iaB,ii:^'i .liiHi'M-:/r â– :!
OUR CHAOTIC BUILDING REGULATIONS
Thirteen Separate Departments of Government Exercise Jurisdiction
Over Buildings to the Great Annoyance and Injury of Owners
lllllilllMIMIIIiliailillilllilllliiliMllllllllllil
;'i;!!iiaiBi:i7Biii!iiii!iiiiii:ipii«!«aiWiBiri»BM
HARDLY a year passes but some
new board, commission or bureau
is created by either the Legislature
or the Board of Aldermen to regulate
or supervise something relating to build¬
ings. When a great disaster occurs in
a building our legislators at once begin
to work the grist mill of legislation
overtime, turning out new laws, creat¬
ing new commissions and boards to ei'n-
ploy regiments of inspectors, in an at¬
tempt to remedy conditions supposedly
responsible for the disaster. Rarely, if
ever, is an attempt made to strengthen
an existing department or bureau in or¬
der to render it more efficient, the belief
apparently being that only by the crea¬
tion of new commissions, boards or bu¬
reaus can the conditions' be remedied
and the results desired brought about.
Thirteen Corps of Inspectors.
At this time there are thirteen depart¬
ments, boards or bureaus that have ju¬
risdiction over matters affecting build¬
ings, as follows:
First, the Bureau of Buildings. The
duty of this bureau is to pass upon plans
and applications for new construction
and alterations to existing buildings,
plumbing and elevators, to issue permits
therefor, and to generally enforce the
provisions of the Building Code. This'
bureau is also charged with the duty of
inspecting the buildings during the con¬
struction and alterations.
Second, the Tenement House Depart¬
ment, whose jurisdiction extends to all
boroughs, over all houses or buildings
occupied, in whole or in part, as the
home or residence of three families or
more, living independently of each other
and doing their cooking upon the prem¬
ises, and includes apartment houses, flat
houses and all other houses so occupied.
Before a multi-family house can be
erected or altered, plans must be filed
and approved by this department in con¬
forming to the requirements of the Ten¬
ement House Law, Afterward the plans
must be sent to the Bureau of Buildings
for approval as to construction, two sets
of plans being necessary.
The Firemen's Inspections.
The Fire Prevention Bureau of the
Fire Department has jurisdiction over
all matters pertaining to exits and means
of egress from buildings, and, according
to the opinion of the Corporation Coun¬
sel, it also has jurisdiction over the
following:
1, The construction of fireproof build¬
ings; 2, fireproofing; 3, fire walls; 4, fire¬
proof partitions; 5, chimneys, flues and
the installation of appliances for heat,
light and power; 6, floor and roof open¬
ings for hoistways, dumbwaiters, con-
diiits and pipes; 7, the protection of
windows and other openings in walls by
fireproof shutters, sills' or sashes, or by
wire glass construction.
While the law does not specifically
require that plans be filed with the Fire
Department, yet, as it has jurisdiction,
prudence would dictate that plans be
submitted to it for approval; this course
is' being followed to a large extent.
The Bureau of Combustibles has ju-
np HE present status of the super-
â– •â– vision of buildings and their
construction in New York City can
be described only as chaotic. The
property owner hardly knows where
to turn. He is confronted on every
side by a multiplicity of city de¬
partments, each having jurisdiction
over something that pertains to
the construction or equipment of his
building, and the jurisdictions over¬
lap. In attempting to comply with
the orders of one department, an
owner frequently finds that he is
conflicting with the requirements of
some other department. Complaints
coming from every direction against
this economic waste have caused the
Real Estate Board of New York to
make an expert analysis of the situa¬
tion, and the results are given in this
article.
risdiction over garages and other places
where combustibles are kept.
The Department of Water Supply,
Gas and Electricity has jurisdiction over
wiring and the installation of electrical
equipment.
Police Department: All theatrical and
concert licenses are issued by this de¬
partment upon certification by the Fire
Department and the Bureau of Build¬
ings that all requirements of the law
relating to places of public amusement
have been met.
Bureau of Boiler Inspection: Under
the charter of the City of New York all
steam boilers must be inspected, and the
police are charged with this duty.
Must Have a License.
The Bureau of Licenses, Mayor's of¬
fice, issues licenses for moving picture
shows where the seating capacity is less
than six hundred, and for other places
of amusement seating less than three
hundred persons, where theatrical and
concert licenses' are not required; also
dance halls, etc. Before issuing licenses
the Bureau of Licenses requests reports
from the Bureau of Buildings and the
Fire Department.
The Departrnent of Docks and Ferries
has jurisdiction over buildings' located
on or near the waterfront, including
those on land formerly under water, but
since reclaimed.
The Department of Parks has juris¬
diction over projections on buildings
within 350 feet of any park, parkway,
etc. Plans must be submitted and ap¬
proved. Special ordinances cover pro¬
jections on Riverside drive. Fifth avenue
fronting on Central Park.
The Department of Health, under the
provisions' of the Sanitary Code, exer¬
cises jurisdiction over all classes of
buildings in the matter of ventilation,
drainage and plumbing.
The Bureau of Highways has jurisdic¬
tion generally over all projections on
buildings extending beyond the building
line, except such as may front on parks,
parkways' or within 300 feet thereof,
which come within the jurisdiction of
the Park Department, These projections
include awnings, marquises, storm doors
and signs. Permits for the use of streets
and sidewalks during building opera¬
tions' are also issued by this bureau.
The Department of Bridges has no
soecific jurisdiction in the matter of
buildings; on occasions, however, by
special legislation, certain buildings have
been placed under its jurisdiction—the
new Municipal Building, for instance.
Factory Inspections.
The Industrial Board of the Depart¬
ment of Labor is a State department,
and the Commissioner is appointed by
the Governor. The Industrial Board has
jurisdiction over all factories, factory
buildings, mercantile establishments, etc.
The act creating the Industrial Board
provides as follows:
"All factories, factory buildings,
mercantile establishments and other
places to which this chapter is ap¬
plicable shall be so constructed,
equipped, arranged, operated and con¬
ducted in all respects as to provide
reasonable and adequate protection to
the lives, health and safety of all per¬
sons employed therein; and the said
board shall from time to time make
such rules and regulations as will
effectuate the said policy and in¬
tent,"
Under this act it will appear that the
Industrial Board has full jurisdiction
over all matters pertaining to any of
the above enumerated buildings, includ¬
ing exits and means of egress which,
under the Fire Prevention Law, were
formerly within the jurisdiction of the
Fire Department.
The U. S. Department of Agriculture:
Under certain conditions it may be nec¬
essary to file plans with this depart¬
ment, as, for instance, when a factory
is to prepare food and engage in inter¬
state commerce, the Pure Food Law
would be operative.
A Wasteful System.
When so many bureaus or bodies ex¬
ercise jurisdiction (which is not too well
defined) over matters pertaining to
buildings, it cannot be surprising that
confusion and conflict or overlapping
of jurisdiction results.
In order to maintain these numerous
l)odies having to do with the inspection,
construction, supervision, etc., of build¬
ings, an appropriation per annum of over
$2,000,000 is needed, and between six
hundred and seven hundred inspectors
and engineers are required—or are, at
least, employed; in addition a numerous
clerical force is needed for administra¬
tion.
One of the greatest drawbacks to the
present wasteful system is the large
number of inspectors rendered neces¬
sary to perform the functions of the
various departrnents and bureaus, each
operating independently of the other.
One qualified inspector should be able
to look after, in large part, everything
that pertains to the construction and
appurtenances of a building, instead of