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REAL* ESTATE
BUILDERS
AND
NEW YORK, JUNE 13, 1914
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I THE INSPECTION PLAGUE AND HOW TO STOP IT
i How the State Authorities Regard the Situation—Not
™ the Laws But the Administration of Them Is Blamed.
By ABRAM I. ELKUS
*: Cotmsel of the State Factory Investigating Commission
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In response to a request made by The
Real Estate Record and Guide for a
statement as to the workings of the
laws which have been passed by the
Legislature with reference to alterations
in buildings and requirements as to oc¬
cupancy, in order to ensure safety in
case of fire in buildings occupied as
factories, Mr. Abram I. Elkus, Counsel
for the New York State Factory
Investigating Commission, made the
following statement:
A LITTLE over three years ago the
•*^ Triangle Waist Company fire oc¬
curred. One hundred and forty-seven
lives were lost in that single factory
fire in a so-called fireproof loft building.
Naturallv this caused a searching inves¬
tigation by the State. The result was
this significant undisputed finding; that
for decades we have been erecting factory
buildings, some of which were occu¬
pied by hundreds and even by thous¬
ands, of employes and had paid but
scant attention to providing sufficient
means of exit for those occupants in
case of fire. In other words, the life
hazard was practically ignored.
The Factory Investigating Commis¬
sion, which was created by the Legis¬
lature, not only investigated the sub¬
ject of fire hazard, but the far more im¬
portant subjects, perhaps, of sanitary
conditions and preservation of the health
of the worker—important alike for the
employer and the employe.
After a careful investigation the Fac¬
tory Commission prepared a number of
bills, among others, by which it was
hoped to secure saitety to the factory
workers in case of fire. Wide publicity
was given to these proposed measures
and they were under consideration for
several months; some of them for over
a year. They were first issued in tenta¬
tive form, widely distributed all over
New York State, and were discussed
at public hearings and in conferences.
.â– \lthough direct appeal was made to the
real estate interests, but little concern
appeared to be taken by them in the
matter, but a committee of the real
estate interests (consisting of two prom¬
inent gentlemen) approved of the bills
as they were passed. These proposed
laws were changed and amended to
rneet the suggestions and criticisms of¬
fered. Every witness who was called
to testify to facts before the commis¬
sion was permitted to be cross-examined
by anyone who desired, and any wit¬
ness who desired to make statements
was permitted to do so.
Is There Too Much Inspection?
Now that these laws are being en¬
forced, and at the same time old laws
which for man)' years had been prac¬
tically dead letters are also being en¬
forced, some real estate owners feel
that a heavy burden has been placed
upon them by the new laws, but more
especially that there is too much in¬
spection of their premises by different
departments of the city and State.
Of course, wherever structural
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ABR.'^M 1. ELKUS,
changes are required in a building which
cost some money, naturally those af¬
fected will consider it a burden, but the
fact remains that many of these build¬
ings in which structural changes are
now required were permitted to be
erected without regard to safety in case
of fire. Many thousands of buildings
are being occupied as factories where
a number of people arc employed, which
were never erected for that purpose.
Far-sighted real estate owners realize,
however, that the changes required by
the law, while in many cases numerous,
are necessary. It has been said that
the law should not apply to low build¬
ings because they do not prevent any
fire hazard. W'e have only to consider
the ninghamton fire of last year (a
buildin.a- of four stories) where many
lost their lives, to realize that while the
fire hazard may be less in a low build¬
in.g it still exists, and to an alarming
extent. Due allowance has been made
for low buildings, as they are exempted
from some of the most costly require¬
ments; for example, the enclosure of
stairways. The tenement house fire at
90 Essex street, which occurred on June
10, 1914, where eight lives were lost, is
an illustration of the danger in low
buildings. It is true this was a tene¬
ment house, but it was only a five-story
building. It also illustrates the neces¬
sity of one of the laws which was en¬
acted on the recommendation of the
Factory Commission; that is, doing
away with the storing of rubbish on the
premises.
Duplication of Inspection Admitted.
It is gratifying to note that for the
most part the property owner and the
employer do not object to the new law.s.
They do object—and properly—to the
multiplicity of inspections where they
could be avoided and to the conflicting
orders whieh they claim are- issued by
different departments of the city and
State government. Of course, the com¬
plaints in this regard are naturally ex¬
aggerated, but that there is duplication
of inspection which may be unneces¬
sary and a giving of orders piecemeal,
IS apparent, and these should be done
away with altogether. I do not believe
there are many contradictory orders.
From investigation by the commission
It IS clear that a little common sense
in the administration of the laws would
eliminate this harassing condition of af¬
fairs.
It should be made clear that the Fac¬
tory Investigating Commission did not
propose the law which created the Fire
Prevention Bureau of the Fire Depart¬
ment of the City of New York.
Administration Difficulties.
Most of the trouble complained about
IS in the administration of the various
laws. This can be practically done
away with without any legislation. All
of the city departments are under the
control of the Mayor and the Borough
President. Undoubtedly they would be
glad to work together in harmony, and
by so doing would do away with a great
deal of the multiplicity of inspections
and with any conflict of orders between
city departments. I happen to know,
from meetings with various officials that
theyare working along these lines. Leg¬
islation to accomplish this end cannot
be relied upon altogether. This is made
clear by what has happened with ref¬
erence to the bakeries in New York
City.
Two years ago there was a division
of responsibility as to these establish¬
ments between the Labor Department
and the Health Department of the City
°u ^-S^ ^ork. To do away with this
the Factory Commission recommended
to the Legislature that the Health De¬
partment of the City of New York be
given sole and exclusive control over
conditions in bakeries in that city. Leg¬
islation was enacted to carry this out.
It has now been reported that the
Health Department of New York City
alone sends three different inspectors
into the bakeries, one a medical in¬
spector, another to inspect food stuffs
and a third for the purpose of inspect¬
ing sanitary conditions. Of course, a
little common sense would avoid most,
if not all, of this. The doctor might
make all three inspections. To do this
needs only a direction from his su¬
perior.
Plans for Relief.
The Factory Commission is now care¬
fully considering a plan which it hopes
will eliminate the complaints as to the
administration of the law and the
troubles complained of. To that end con¬
ferences have been held with the juris¬
diction over the inspection of buildin,ys.
It was tentatively a.^rced that there
should he a conference held with the
heads of these departments to ascer¬
tain whether inspections of the same
property by different departments could
not be in most cases dispensed with and
thus guard against the issuiii.i;- of what
might be deemed conflicting orders.
The results of such a scheme of co¬
operation will soon be ascertained. If