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such street grade varies, the mean or average grade thereof opposite such house shall be the datum from which such height shall be measured. *439. Distance between buildings.] No existing tenement house shall hereafter be enlarged or its lot be diminished, so that the rear line of any building on such lot approaches nearer than ten feet to the rear line of the lot, unless the rear of the lot upon which it stands abuts upon a public alley, in which case the rear line of such building shall be not less than sixteen feet from the opposite side of such alley. Where a tenement house, now existing or hereafter erected, stands upon a lot other than a corner lot, no other building shall hereafter be placed upon the front or rear of that lot, unless the minimum distance between such buildings be at least ten feet, if neither building exceeds the height of one story; or fifteen feet, if either building exceeds the height of one story, but not the height of two stories, and so on, five additional feet to be added to such minimum distance of ten feet for every story more than one, in the height of the highest building on such lot. Provided, that a one-story building without basement, and not used for habitation, may be placed on the rear of a lot containing a tenement house, if a minimum distance of ten feet is maintained between every point of such building and the tenement house.

440. Percentage of area allowed to be covered.] No existing tenement house shall hereafter be enlarged nor its lot be diminished, nor other buildings be placed on its lot, nor a tenement house be moved on a lot on which there is an existing building, so that after such change a larger proportion of any corner lot or other lot upon which it is situated is covered by buildings, than the following proportions, respectively: No new tenement house alone or with other buildings now or hereafter erected, shall occupy above the first story more than eightyfive per centum of the area of a corner lot, provided that in the case of a fireproof building, in which the windows of every habitable room open directly on a street, the portion of the lot covered may be ninety per centum of the area of said lot, subject to the requirement that a ten foot space must be left above the first story opposite the lesser frontage; or more than ninety per centum of the area of such corner lot if such corner lot is bounded on at least three sides by streets or alleys; or more than seventy-five per centum of the area of any other lot, provided that the space occupied by fire escapes, constructed and erected according to law and not more than four feet wide, shall be deemed unoccupied. Provided, however, that in case of a lot, triangular or irregular in shape bounded on two or more sides by a street and having a number of lineal feet street frontage exceeding one-twentieth of the number of square feet in the area of such lot, it shall not be necessary to comply with the conditions of this section as to percentage of lot which may be covered.

441. Must have alley or yard in rear-size of yard increased.] At the rear of every lot containing a tenement house, there shall be a yard open and unobstructed from the earth to the sky, except by fire escapes not more than four feet wide, constructed and erected according to law, unless the rear of such lot abuts upon a public alley at least ten feet wide, in which case the rear line of such building shall be As amended March 18, 1913.

*

not less than 16 feet from the opposite side of such alley; every part of such yard shall be directly accessible from every other part thereof; such yard shall have an area of at least eight per centum of the superficial area of the lot on corner lots, except as otherwise provided in this section; and on other lots, such yards shall have an area of at least ten per centum of the superficial area of the lot. Every such yard shall be increased one per centum of the superficial area of the lot for every story above three stories in height of the tenement house situated thereon.

*442. Courts-inner-outer-lot line.] (a) "Inner courts" of all new tenement houses as defined in section 432 of this ordinance, shall have minimum widths at every point and minimum areas as follows:

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(b) The height of a court shall be the number of stories having habitable rooms with windows in its walls.

(c) "Outer courts" and "lot line courts' " of all new tenement houses as defined in section 432 of this chapter shall have minimum widths at every point equal to one-half of the minimum widths required by this section, and "lot line courts" shall have minimum areas equal to one-half of the minimum areas required herein for "inner courts." If an outer court or lot line court has windows on opposite sides, its minimum width shall conform to the width given in the table.

(d) The minimum widths hereinbefore specified for outer courts and the minimum widths and areas specified for lot line courts are to be provided irrespective of the presence of or dimensions of courts on other premises bounded by the same lot line.

(e) Every "inner court" and every "lot line court" of every new tenement shall be connected directly with a street, alley, yard, or outer court by an opening extending from grade at the building to a height of at least fifteen feet, and kept unobstructed save by an openwork grill or grate, such opening to be at least two feet wide for an inner court and one foot wide for a lot line court. In case of a three-story tenement on a lot twenty-five feet or less in width, a continuous lot line passage open to the sky and six inches in width, shall be accepted. for the opening specified above as one foot wide for a lot line court. If such inner court or lot line court starts from any point above finished grade at building, such starting point shall be considered as grade for purpose of determining the location of the opening to outer air herein specified.

* As amended March 20, 1911, and October 15, 1913.

(f) In case of a three-story tenement on a lot twenty-five feet or less in width, a continuous lot line passage open to the sky, and at least three feet wide, shall be accepted in lieu of a lot line court or outer court hereinbefore specified in paragraph (a). In case of a threestory tenement on a lot thirty feet or less in width, a continuous lot line passage open to the sky, and at least three feet six inches wide, shall be accepted in lieu of a lot line court or outer court hereinbefore specified in paragraph (a).

(g) In case of a two-story tenement on a lot twenty-five feet or less in width, a lot line court having an area of at least fifty square feet shall be accepted in lieu of a lot line court heretofore specified in paragraph (a) of this section, and in case of a three-story tenement on a lot of twenty-five feet or less in width, a lot line court having an area of at least sixty square feet shall be accepted in lieu of a lot line court hereinbefore specified and required by paragraph (a) of this section..

(h) In case of two or three-story tenement buildings on lots twentyfive feet or less in width, where there is only one apartment on each story containing not more than four rooms in such apartment, the light courts hereinbefore specified in paragraph (a) may be omitted, provided there is a continuous passageway open to the sky and not less than three feet wide on one side of said building.

443. Vent shaft-area of.] (a) "Vent shafts" of all new tenement houses, as defined in section 432 of this ordinance, shall have minimum widths at every point and minimum areas as follows:

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(b) Every such vent shaft in every new tenement house more than two stories high shall be connected directly with a street, alley, yard or court by one or more horizontal ducts or intakes at a level not lower than the finished grade of building nor higher than second story floor; the total area of such ducts to be not less than three per cent. of the area of such vent shaft, and no single duct to be of less area than one hundred square inches; such total and individual duct area shall be net over and above all obstructions.

444. Stair hall and shaft-well-hole dimensions.] (a) Every public stair hall in every new tenement house shall, for each story, have a window of an area of at least twelve square feet, opening directly on a street, alley, yard or court; or on a shaft of minimum area, as hereinafter provided; or shall have an unobstructed vertical well-hole of the following minimum area at each floor line above the first, and, directly

over such well-hole, there shall be a skylight of twice the following minimum area :

Building-
Height of

Least area in square feet of stair shaft or well-hole.

2 stories-if there is more than one apartment on a floor.... 8
3 stories-if there is more than one apartment on a floor....13
4 stories

5 stories

...

6 stories or more.

.19 ...25 ..38

(b) Such window, if any, shall be so placed that light may pass directly to the opposite end of the hall, or else there shall be at least one window opening directly upon a street, alley, yard or court in every twenty feet in length or fraction thereof of such hall, except in so much of any entrance hall as lies between the entrance and the flight of stairs nearest the entrance. In any such public hall, recesses or returns, the length of which does not exceed twice the width of the hall, will be permitted, without an additional window, but, otherwise, each recess or return shall be regarded for the purposes of this section as if it were a separate hall. Any part of a public hall which is shut off from any other part by a door or doors shall be deemed a separate public hall within the meaning of this section.

(c) Skylights shall be ventilating skylights and shall have over them a wire netting mounted on wire frame and 6-inch iron legs, of wire not lighter than No. 12 and with mesh not coarser than one inch by one inch, unless constructed of wired glass or prismatic light glass. 445. Rooms-sizes and height of-attic rooms.] (a) In every new tenement house, all habitable rooms shall be of the following minimum sizes:

(b) In each apartment there shall be at least one room containing not less than one hundred twenty square feet of floor area, and every other room shall contain at least eighty square feet of floor area, provided, however, that in the case of a room having a window not less than eighteen feet in area opening upon a public street, the floor area need not be greater than seventy feet. Each room shall be in every part not less than eight feet six inches high from the finished floor to the finished ceiling; provided, however, an attic room need be eight feet six inches high in but one-half of its area, provided there are not less than 750 cubic feet of air space therein.

446. Alcoves and alcove rooms.] (a) For the purpose of buildings of Classes III and IV, an "alcove" shall be defined as a recess connected with or at the side of a larger room. The floor of such an alcove shall be counted as a part of the floor area and its cubic contents as a part of the cubic contents of the room with which it is connected.

(b) In every new tenement house every alcove shall be deemed a separate room for all purposes within the meaning of this chapter, except an alcove that has a floor area of not to exceed thirty-five square feet and that has an unobstructed opening, equal in area to twenty per centum of its entire wall surface, into an adjoining habitable room;

providing that in constructing additional habitable rooms by raising or altering existing one story dwellings, the limitation of the floor area of an alcove may be disregarded, provided such alcove has an unobstructed opening, equal to the floor area of such alcove, into an adjoining habitable room.

(c) This section shall not be construed as forbidding the erection of pilasters or other decorative effects projecting not more than eighteen inches from the plane of the wall of a habitable room.

(d) No part of any room in a tenement house shall be enclosed or subdivided at any time, wholly or in part, by a curtain, portiere, fixed or movable partition or other contrivance or device, unless each part of the room so enclosed or subdivided shall contain a separate window as herein required, and shall have a floor area of not less than 80 square feet as herein required for habitable rooms, except as heretofore provided in this section.

447. Air-quantity of for each person.] No room in any tenement house shall be occupied so that the allowance of air to each adult person living or sleeping in such room shall at any time be less than four hundred cubic feet or less than two hundred cubic feet for each person under twelve years of age.

448. Habitable rooms - bathrooms - pantries—requirements as to ventilation and lighting.] (a) In every new tenement house every habitable room shall have a window or windows with a total glass area equal to at least one-tenth of its floor area opening onto a street, alley, yard or court. None of such required windows shall have a glass area of less than ten square feet, and each such window shall have its top not less than seven feet above the floor, and shall be so constructed that at least its upper half may be opened its full width.

(b) In every new tenement house every bathroom, water closet, or urinal compartment shall have at least one window with a glass area of at least six square feet and a minimum width of one foot, opening upon a street, alley, yard, court or vent shaft.

(c) In every new tenement house every pantry shall have at least one window of not less than six square feet in area, with a width of not less than one foot, opening into a street, alley, yard, court or vent shaft, which vent shaft shall be at least six square feet in area.

*449. New tenements-habitable rooms in basements-prohibited in cellars.] In no new tenement house shall any room in the cellar be constructed, altered, converted or occupied for living purposes; and no room in the basement of a new tenement house shall be constructed, altered, converted or occupied for living purposes unless such room shall be at least eight feet six inches high in the clear and shall have at least one-half of such height above the finished grade of said premises at the building, and at least four feet three inches of such height above the average street grade at the building. Provided that only one living apartment not exceeding six rooms shall be allowed in the basement of any tenement house hereafter to be constructed.

450. Tenement houses-requirements for fireproof and slow-burning construction.] Every new tenement house more than five stories and basement high shall be of fireproof construction. Every new tenement

* As amended February 8, 1915.

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