Pennsylvania Act 1903-87 — CITIES OF THE SECOND CLASS; TENEMENT-HOUSES

Act text

CITIES OF THE SECOND CLASS; TENEMENT-HOUSES
                  Act of Mar. 30, 1903, P.L. 110, No. 87              Cl. 11
                               A SUPPLEMENT

     To an act, entitled "An act regulating the construction,
        maintenance, alteration and inspection of buildings and party
        walls in cities of the second class," approved the seventh
        day of June, Anno Domini one thousand eight hundred and
        ninety-five; regulating the construction, alteration and
        ventilation of tenement-houses, and providing for the safety
        of the inhabitants thereof; and providing penalties for the
        violation of the same.

        Section 1.  Be it enacted, &c., That no tenement-house shall
     hereafter be erected, altered or constructed in any city of the
     second class, unless such erection, alteration or construction
     shall be in conformity with the provisions of this act.
        Section 2.  Certain words used in this act shall be defined,
     for the purposes thereof, as follows:
        "Tenement-house" is any house or building, or portion
     thereof, which is intended or designed to be occupied or leased
     for occupation, or actually occupied, as a home or residence for
     three or more families, living in separate apartments, and doing
     their cooking upon the premises.
        "Apartment" is a room or suite of two or more rooms, occupied
     or leased for occupation, or intended or designed to be
     occupied, as a family domicile.
        Section 3.  In any city of the second class which has
     enacted, or may hereafter enact, a zoning ordinance, the
     provisions of the said ordinance affecting the required yards or
     courts for tenement-houses shall be the only effective
     provisions for such open spaces. In any city of the second class
     in which the open spaces about a tenement-house are not
     regulated by a zoning ordinance, the following provisions for
     tenement-houses shall apply.
        Every tenement-house hereafter erected, altered or occupied
     shall have an open space, at the rear or the side or sides,
     equal in area to at least twenty per centum of the entire area
     of the lot upon which said tenement-house is erected, which open
     space shall be unobstructed by any over-hanging structure,
     except cornices or fire escapes; unless, such tenement-house is
     erected upon a corner of two streets neither of which is less
     than twenty feet in width, in which case said tenement-house
     shall have an open space attached to it, at the rear or at the
     side next the adjoining lot, equal in area to at least ten per
     centum of the entire area of the lot upon which said tenement-
     house is erected, which open space shall be unobstructed by any
     overhanging structure, except cornices and fire escapes; and any
     such tenement-house which shall be erected upon a lot bounded on
     three sides by streets not less than twenty feet in width, may
     be erected to cover the entire area of said lot, provided that
     every window opening from the living rooms in said tenement-
     house, shall open upon one of said streets. Any open space at
     the side or rear of such tenement-house shall be at least eight
     feet in width throughout its entire length. No court or open
     space between tenement-houses, or between wings of a tenement-
     house, shall be less than ten feet in width. If such tenement-
     house shall be built upon a lot which is bounded upon two
     opposite sides by streets, at least one end of every such open
     space shall abut upon one of such streets. Every court or shaft
     erected for the purpose of furnishing light or air to any such
     tenement-house shall open on one side into a street or into the
     yard or other open space, except such shafts as may be necessary
     for the ventilation of water-closets or bathrooms.
        (3 amended Jul. 31, 1941, P.L.601, No.251)
        Section 4.  Every room, in any such tenement-house, shall
     have at least one window, opening upon a street, or upon the
     open space provided for in the third section of this act. In any
     city of the second class in which a zoning ordinance has not
     been enacted, any window opening into a yard or court shall be
     at least eight feet distant from the wall or party line opposite
     to it. Any hall in a tenement-house shall have a window or
     windows, opening either upon a street, or upon the open space
     provided for in the third section of this act, and shall have no
     room or other obstruction at the end, unless sufficient light
     and ventilation is otherwise provided for said hall, in a manner
     approved by the superintendent of the bureau of building
     inspection. Whenever, in the judgment of the superintendent of
     the bureau of building inspection, it shall be possible to
     construct such tenement-house without corridors connecting the
     entrance of several tenements or suites of rooms, the
     superintendent of the bureau of building inspection may require
     that such tenement-house be so constructed that it shall contain
     no such corridors.
        (4 amended Jul. 31, 1941, P.L.601, No.251)
        Section 5.  Every habitable room, in every such tenement-
     house, shall be of such dimensions as to contain at least seven
     hundred cubic feet of air. Every habitable room, in every such
     tenement house, shall be in every part not less than eight feet
     in height, from floor to ceiling: Provided, That an attic-room
     need be eight feet in but one-half its area; and every window
     shall have an opening of not less than one-tenth of the floor
     area of the room, but the bureau of building inspection may
     permit windows of less size, if more than one window is provided
     for a room, so that, however, the total window space for any one
     room shall not be less than one-tenth the floor area of the
     room.
        Section 6.  Every tenement-house basement-room, hereafter
     constructed, for living purposes, and every basement-room in
     already existing buildings, which shall be converted into a
     living room, shall have the ceiling at least eight feet six
     inches in every part from the floor, and shall be at least one-
     half its height above the level of the street or ground outside
     of or adjoining the same; where the grade of the street or
     ground adjacent to a tenement-house varies, the mean, or
     average, grade shall be taken to conform to the provisions of
     this act. Such room shall have a window or windows, opening upon
     the street or upon a yard or court. The total area of the
     windows in such room shall be at least one-eighth of the floor
     area of the room, and one-half of the sash shall be made to open
     the full width, and the top of each window shall be within six
     inches of the ceiling. There shall be appurtenant to every such
     room or apartment a water-closet, conforming in design,
     materials and construction to the building and health
     regulations of cities of the second class.
        Section 7.  Every new tenement-house shall have all walls,
     below the ground level, and all cellar or lower floors, made
     damp-proof and water-proof. Such damp-proofing and water-
     proofing shall run through the walls, and up the same as high as
     the ground level, and shall be continued throughout the floor;
     and the said cellar or lowest floor shall be properly
     constructed, so as to prevent water and dampness from entering.
        Section 8.  All stairways in such tenement-houses shall lead
     directly to the ground floor. The location and construction of
     all stairways shall be determined by the superintendent of the
     bureau of building inspection, so as to provide for the safety
     of the occupants of such tenement houses.
        Section 9.  (9 repealed May 15, 1915, P.L.297, No.180)
        Section 10.  All stairways shall have a rise of not over
     eight inches to a step, and not less than nine inches tread,
     exclusive of the nosing. All stairways and all hallways must not
     be less than three feet in width, in houses containing less than
     fifteen rooms; not less than three feet six inches in width, in
     houses containing not less than fifteen rooms and not more than
     twenty-five rooms; and not less than four feet in width, in
     houses containing twenty-five or more rooms.
        Section 11.  In every such tenement-house, whenever a
     connection with a public sewer is in any way possible (and of
     this possibility the bureau of health of said cities shall be
     the sole judge), there shall be one water closet for every
     tenement or suite of rooms, which has its own independent
     hallway, so separated that its rooms do not open into or connect
     with any other rooms; and in tenement houses so constructed that
     a tenement may consist of a single room or of two rooms, there
     shall be at least one water-closet for every three rooms:
     Provided, That in the case of buildings existing at the date of
     this act, which shall hereafter be altered or converted into
     tenement-houses, there shall be one water-closet for every six
     rooms, but not less than one for each floor. Every water-closet
     shall be separated from every other water-closet, and shall have
     an entrance entirely independent of the entrance to every other
     water-closet. Every such water-closet shall be properly
     ventilated, in conformity with the regulations and requirements
     already in force in said cities of the second class. But when
     necessary (and of this necessity the bureau of health of said
     cities shall be the sole judge), such water closets may be
     located in the yard. Wherever located, the said water-closets
     shall conform in design, materials and construction to the
     building and health regulations of said cities.
        Section 12.  In all tenement-houses hereafter erected,
     wherever a connection with the city water main is in any way
     possible (and of this possibility the bureau of health shall be
     the judge), there shall be an independent water supply, and at
     least one sink for every tenement or suite of rooms; and in
     every now existing tenement-house or house that may be hereafter
     converted into a tenement-house, there shall be on every floor
     at least one proper sink, with running water, accessible to all
     the tenants of that floor without passing through any other
     apartment, if there be no such sink in each apartment; and the
     space under all sinks, and also under all bath tubs where such
     exist, shall be left entirely open, with no woodwork enclosing
     the same.
        Section 13.  All tenement-houses four or more stories in
     height, which shall hereafter be erected, altered or
     constructed, shall be made fire-proof throughout, in conformity
     with the fire-proof ordinances now in force in said cities.
        Section 14.  The superintendent of the bureau of building
     inspection shall require such plans and specifications of any
     proposed erections, alterations or constructions of tenement-
     houses, as sufficiently set forth and record the intent of the
     builder to comply with the requirements of this act, to be filed
     with him; and no permit for the erection or construction or
     alteration of any such tenement-house shall be granted, unless
     the same shall be in conformity with the provisions of this act.
        Section 15.  Any violations of any of the provisions of this
     act shall subject the person or persons, so offending, to a fine
     or penalty of not less than ten dollars nor more than one
     hundred dollars; and any such violation of the provisions of
     this act, if continued after the first fine is imposed therefor,
     shall, for every week of such continuance, be punishable by an
     additional fine of not less than ten dollars nor more than one
     hundred dollars. All such fines and penalties shall be
     recoverable by summary proceedings before the recorder, mayor,
     or any alderman or police magistrate, in any of said cities;
     and all suits or actions at law, instituted for the recovery
     thereof, shall be in the name and for the use of the city within
     or against which the offense is committed, and upon the recovery
     thereof all such fines and penalties shall be paid to the city
     treasury thereof. In default of the payment of any fine or
     penalty imposed by any such authority, the person or persons so
     offending may be committed to the jail, workhouse or other penal
     institution of the county in which the said city is situated,
     for a period not exceeding thirty days.
        Section 16.  Whenever any owner or builder shall deem himself
     aggrieved by any decision of the superintendent of building
     inspection, made in performance of the powers conferred upon him
     by this act, such owner or builder shall be entitled to an
     appeal from such decision, as provided by section five of the
     act to which this is a supplement.
        Section 17.  Whenever any of such cities shall have incurred
     expense in enforcing any of the provisions of this act, imposing
     duties upon persons or corporations, such cities shall have the
     right to recover the same, by action of assumpsit, from the
     owners or occupants of the premises, or other persons or
     corporations failing or refusing to comply with or execute the
     same.