Planking

and sheath

from the level of the sidewalk to the peak or highest part thereof, shall not be less than twelve inches thick; provided, however, that in case said floors, or any of them, shall, throughout their whole extent, be supported upon iron beams or girders of proper size and strength, resting upon the lateral walls of such store or store-house, and distant from each other not more than fifteen feet, then such store or store-house may be so built and erected as that in the story or stories beneath each floor so supported, the lateral walls may be distant from each other, or from any partition wall of brick or stone, or any intermediate support of iron as herein before required, a distance of more than thirty, but not more than forty feet."

§ 2. Section ten of said act is hereby amended, and shall read as follows:

"The planking or sheathing of a roof of every such ing of roofs. dwelling, store, store-house, or other building so to be erected or built as aforesaid, shall in no case be extended across the party, side, or ends walls thereof; and every such dwelling-house, store, store-house, or other building, and the top and side of dormer-windows thereon, shall be roofed and covered with slate, tin, iron, copper, zinc, or other fire-proof material or composition, to be approved of by the Chief Engineer of the Fire Department of the City and County of New York, and be equally capable of withstanding the influence of fire."

brick front

or

§ 3. Section fourteen of said act is hereby amended, and

shall read as follows:

Roofs of "If any brick front, frame dwelling-house, or wooden frame dwelling-house, already erected within the fire limits, as the same are extended by this act, or may hereafter be ex

houses, how made.

tended, shall require new roofing, it shall and may be lawful for the proprieter or proprietors thereof to raise the same, for the purpose of making a flat roof thereon; provided that such new roofing shall be made of copper, slate, tin, zinc, or iron, or other fire-proof material or composition; the same to be approved by the Chief Engineer of the Fire Department of the City and County of New York, and be equally capable of withstanding the influence of fire; and also, provided that such dwelling-house, when so raised, shall not exceed thirty-five feet in height, from the level of the sidewalk to the peak or highest part thereof.

Amending

section 28 of

e March 7,

1849.

73d SESSION.

AN ACT to amend an act entitled "An act for the more effectual prevention of fires in the city of New York, and to amend the acts heretofore passed for that purpose," passed March 7th, 1849.

PASSED March 29th, 1850, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. Section twenty-eight of the act entitled "An act the act pass for the more effectual prevention of fires in the city of New York, and to amend the acts heretofore passed for that purpose," passed March 7, 1849, is hereby amended, and shall read as follows:

The duties and powers that were by law conferred upon the Fire Wardens in the city of New York, prior to the passage of an act entitled "An act for the establishment of the Police of the city of New York," passed May 7th, 1844, as well as the duties and powers of Fire Wardens, conferred upon the police by the said act, and by the act to amend the same, passed May 13, 1846, are hereby conferred and imposed upon the officers to be appointed, as Fire Ward. hereinafter in this section mentioned, who shall be known and designated by the name of Fire Wardens of the City of New York.

eng.

Number.

That such Fire Wardens shall be twelve in number, and

by Common

shall be selected from firemen of the city of New York, exempted by law from duty, at the time of such selection, whether then in active duty or not, and shall be appointed Appointed by the Common Council, upon the nomination of the Re- Council, subpresentatives of the Fire Department of the City of New York, by a majority of the votes cast by them for purpose.

ject to nomi

nation by rethat partment.

presentatives of De

ens to be

classified, &c.

That the said Fire Wardens shall, within ten days after Fire Ward their appointment, be classified into three classes (four in each class), by lot, to be drawn by the President of the said Fire Department, or in case of his absence, by the Vice-President, or by one of the Trustees of the said Fire Department, at a time and place to be notified to said Fire Wardens; and a certificate of such drawing and classification shall be signed by such President, Vice-President, or Trustee, and filed in the office of the Clerk of the City and County of New York. The classes shall be respectively numbered one, two, and three, according to the term of service of each. Class one shall serve one year; class two shall serve two years; class three shall serve three years, and until their successors in office shall be appointed. The first nomination and appointment of twelve Fire Wardens shall be made as soon after the passage of this act as practicable, and thereafter the nomination and appointment in place of those whose term of office shall expire, shall be made annually, on or about the second Tuesday of April, in each succeeding year; the term of office of said Fire Wardens, who shall be first appointed as aforesaid, shall end as follows: class one on the second Tuesday of April, 1851; class two, on the second Tuesday of April, 1852; and class three, on the second Tuesday of April, 1853, and until their successors in office shall be appointed as afore

how filled.

Vacancies, said. All vacancies happening during any term or terms of office, shall be filled, as often as they shall occur, by a like nomination and appointment.

Duty of Fire Wardens.

§2. Section twenty-nine of the said act hereby amended, is hereby amended, and shall read as follows:

It shall also be the duty of the said Fire Wardens respectively, to inquire and examine into any and every violation of any of the provisions of the acts heretofore passed for the prevention of fires in the city of New York, and of the several acts amending or modifying the same, or in addition thereto, or extending the fire limits in said city, and of this act; and it shall also be the duty of the said Fire Wardens respectively, to give, or cause to be given, a notice, in writing, signed by at least one of them, to the owner and builder respectively, of any such dwelling-house, store, store-house, building, ash-hole, ash-house, wooden shed, wooden building, or frame building in said city, which shall, after the passage of this act, be erected, built, raised, altered, enlarged, built upon, or removed from one lot to another; or which shall, after the passage of this act, be in the course of erection, building, raising, altering, enlarging, or being built upon, or being removed from one lot to another, in violation of any of the provisions of the acts, or of any of them, mentioned or referred to in this sec. tion, or of this act, requiring such cause of violation to be removed within ten days after service of such notice; such service shall be made by leaving such notice with any person of suitable age, at such dwelling-house, store, storehouse, building, ash-house, ash-hole, wooden shed, wooden building, or frame building, or by posting the same in a conspicuous place on such dwelling-house, store, store-house,