(1) The basement story of such new building is intended for purposes other than human habitation,
or,
(2) Such building is situated at the intersection of two streets, and the basement story thereof is properly ventilated from both streets, or,
(3) The basement wall, abutting on the hill-side, is carried-up to such a height above the level of the ground outside as will admit of the construction in such abutting wall of one or more windows opening from the basement story directly into the external air; or, where this is impracticable, the basement story shall be lighted and ventilated by means of grated openings or areas on Crown land, the permission for the erection of such areas on Crown land to be entirely at the discretion of the Governor in Council, or
(4) The basement story of such new building consists of one single shop, the frontage of which shall face on a public thoroughfare, and shall be open to the external air from the floor to the ceiling along the whole extent of such frontage.
60. It shall not be lawful for any person, who shall have been allowed to erect any new building, kitchen, or outhouse, abutting against the hill-side, under the provisions of Section 58, or Sub-section 1 of Section 59, or for any subsequent owner or tenant thereof, to use, or suffer to be used, at any subsequent period, the basement story of such new building, or such kitchen, or outhouse, for the purposes of human habitation.
61. Every person who shall, under the provisions of Section 58 or 59, leave a clear intervening space or area between a new building and the hill-side, shall make the surface of the floor of such area at least twelve inches lower than the level of the basement floor of such new building, and he shall lay, to the full extent of such area, along the toe of the slope of the hill-side, and to a depth of at least twelve inches below the surface, a line of hard, sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the sub-soil of such area, and he shall not cause such sub-soil drain to be passed out under the floor of any building, unless any other mode of outlet may be impracticable; and, in such case, he shall cause the sub-soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor.
62. The floor of every area and of every basement story shall be properly asphalted, paved, or covered over, with a layer of good concrete at least nine inches thick and the floor of such area shall have a fall, from the external wall of such building towards the face of the hill-side, of at least half an inch to the foot.
63. Every area shall be kept, at all times, free and unobstructed by structures of any kind other than flights of steps, nor shall such area be roofed in, or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing, or fence, along its upper edge.
64. No person shall construct, except in a Hospital, any water-closet having any communication with any underground public sewer or private drain, nor, without the permission of the Sanitary Board, any urinal having such communication, and any such existing water-closets shall be removed by the owner upon his being required by the Board to effect such removal.
65. Every factory, refinery, distillery, godown, or other industrial establishment whatsoever, employing a number of persons, shall be provided by the owner thereof with proper privy accommodation on the premises, to the satisfaction of the Board.
66. Every person who shall erect a domestic building upon land obtained from the Crown after the passing of this Ordinance shall provide along the entire back of such building, if one storied, a clear space forming a back-yard of at least ten feet in width, and if such building be of two or more stories, he shall cause the width of such back-yard to be at least fifteen feet.
Exceptions
Kitchen
Sub-Bo!1
ruin.
Paving of area and doors
Xtrubiums
pribited
Water-closets.
Privies to factories or other industrial establishments
Buildings on new Crown Lots.
PART V.
67. Every domestic building or portion thereof found to be inhabited in excess of a proportion of one adult to every three hundred cubic feet of clear internal space, shall be considered to be in an overcrowded condition, and shall be deemed a Nuisance. This Section shall apply only to such districts, or portions of districts, as may, from time to time, be designated by an Order of the Governor in Council.
68. It shall not be lawful for any householder or tenant to let or sub-let, for occupation, any Tenement-House or any floor, compartment or portion thereof to so large a number of persons, or families, as shall leave less than three hundred cubic feet of clear space for every adult inmate of such Tenement-House, or portion thereof, including the family of such householder or tenant if resident on the premises, and the presence of any number of persons in excess of this proportion, between the hours of 11 P.M. and 4 A.M., shall be taken as prima facie evidence that such Tenement-House, or portion thereof, has been let in contravention of this section.
69. The keeper of a Common Lodging-House, and every other person acting in the care or management thereof, shall, at all times, when required by any officer of the Sanitary Board, give him free access to such house, or any part thereof, and any such keeper, or person, who refuses such access shall be liable to a penalty not exceeding twenty-five dollars.
70. If any tenement-house, or domestic building, or portion thereof, shall be found to be in an overcrowded condition, the Board shall, by a written notice, require the tenant of the same, or any portion thereof, and also, if necessary, the householder, to abate such overcrowding, within a period of one calendar month; such notice shall specify the cubic capacity available for habitation in such Tenement-House, or other domestic building, and the number of persons which may be legally accommodated therein. If the said notice be not obeyed, it shall be lawful for the said Board to apply to a Magistrate, who, on sufficient cause shown, shall summon before him the tenant or occupier of such dwelling house, or such householder.
If the person summoned admits, or if it be proved to the satisfaction of the said Magistrate that the said house is overcrowded, the Magistrate shall make an order for the abatement of the nuisance forthwith.
On the hearing of the said matter, the Magistrate may make such order for the inspection, at any hour of the night or day, of the said house, as the circumstances of the case may require. Such order to continue in force for a period not exceeding one month.
71. Any room of a Tenement-House used as a common kitchen, shall not be used as a sleeping room, and the householder, or tenant thereof, shall be responsible that such common kitchen is not so used, nor shall any passage, lobby, or other place, partitioned off from any sleeping room to the height of the ceiling, be included in the calculation of the cubic capacity available for human habitation.
72. In the calculation of cubic space, for the purposes of the four preceding Sections, two children ten years, or under ten years of age, shall be counted as one person, and every person over ten years of age shall be considered as an adult.
73. No person shall open, or keep open, a Common Lodging-House, unless the house is registered, and the keeper thereof is licensed by the Registrar General.
74. No person who shall erect a domestic building shall allow the same or any portion thereof to be occupied, until such building shall have been previously examined by an Officer of the Board, duly authorised by the Board, and certified by such officer as having been built in compliance with the entire provisions of this Ordinance.
75. Any person who shall not comply with the requirements of Sections 67, 68, 70, and 71 shall be liable to a penalty not exceeding fifty dollars, or, in default of payment, to imprisonment not exceeding one month.
Overcrowding.
30 cu. ft. of space to be given to every inmate of houses
Inspection of Common Lodging Houses.
38 & 80 V. c. 55 Bez. 85.
Steps to be taken to abate overcrowding
Magistrate order.
Power to inspect.
Common kitchen not to be used as sleeping rooms.
Children of ten years.
Lodging-Houses.
Domestic buildings.
Penalty
139
E
(L) The basement story of such new building is in- tended for purposes other than human habitation,
or,
(2.) Such building is situated at the intersection of two streets, and the basement story thereof is properly ventilated from both streefs, or,
(3.) The basement wall, abutting on the hill-side, is earried-up to such a height above the level of the ground outside as will admit of the constraction in such abutting wall of one or more windows opening from the basement story directly into the external air; or, where this is impracticable, the basement story shall be lighted and ventilated by means of grated openings or areas ou Crown land, the permission for the erection of such arens on Crown land to be entirely at the discretion of the Governor in Conneil, or
(4.) The basement story of such new building consists of one single shop, the frontage of which shall face
on a public thoroughfare, and shall be open to the external air from the floor to the ceiling along the whole extent of such frontage.
60. It shall not be lawful for any person, who shall have been allowed to erect any new building, kitchen, or out- house, abutting against the hill-side, under the provisions of Section 58, or Sub-section 1 of Section 59, or for any subseqnent owner or tenant thereof, to nee, or suffer to be used, at any subsequent period, the basement story of such new building, or such kitchen, or outhouse, for the purposes of human habitation,
61. Every person who shall, under the provisions of Sec- tion 58 or 59, leave a clear intervening space or area between a new building and the hill-side, shall make the surface of the floor of such area at least twelve inches lower than the level of the basement floor of such new building, and he shall lay, to the full extent of such area, along the toe of the slope of the hill-sile, and to a depth of at least twelve inchos below the surface, a line of hard, sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the sub-soil of such aren, and be shall not cause such sub-soil drain to be passed out under the floor of any building, unless any other mode of ontlet may be impracticable; aud, in such case, he shall cause the sub-soil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor.
62. The floor of every area and of every basement story shall be properly asphalted, paved, or covered over, with a layer of good concrete at least nine inches thick and the floor of such area shall have a fall, from the external wall of such building towards the face of the hill-side, of at least half an inch to the foot.
63 Every area shall be kept, at all times, free and unob- structed by structures of any kind other than flights of steps, nor shall such area be roofed in, or covered over with glass or other material. No bridge or flight of steps shall be placed over any window opening into such area. Every area shall be provided with a suitable parapet wall, or safe iron railing, or fence, along its upper edge.
64. No person shall construct, except in a Hospital, any water-closet having any communication with any underground publie sewer or private drain, uor, without the permission of the Sanitary Board, any uriual having such communication, and any such existing water-closets shall be removed by the owner upon his being required by the Board to effect such removal.
65. Every factory, refinery, distillery, godown, or other industrial establishment whatsoever, employing a number of persons, shall be provided by the owner thereof with proper privy accommodation on the premises, to the satisfaction of the Board.
66. Every person who shall erect a domestic building upon land obtained from the Crown after the passing of this Ordinance shall provide along the entire back of such building, if one storied, a clear space forming a back-yard of at least ten feet in width, and if such building be of two or more stories, he shall cause the width of such back-yard to be at least fifteen feet.
Exceptiona
Kitchen,
Sub-Bo!1
ruin.
Paving of
area and doors,
Xtrubiums
I RIPAN
pribited
Water-clomota.
Privina to
fnotories ur
other
Industrial
establish
onle
Bulldings on new Crown Lots.
PART V.
67. Every domestic building OF portion thereof found to be inhabited in excess of a proportion of one adult to every three hundred cubic feet of clear internal space, shull be considered to be in an overcrowded condition, and shall be deemed a Nuisance. This Section shall apply only to such districts, or portions of districts, as may, from time to time, be designated by an Order of the Governor in Council.
08. It shall not be lawful for any householder or tenaut to let or sub-let, for occupation, any Tenement-House or any floor, compartment or portion thereof to so large a number of persons, or families, as shall leave less than three hundred cubic feet of clear space for every adult inmate of such Tene- ment-House, or portion thereof, including the family of such householder or tenant if resident on the premises, and the presence of any number of persons in excess of this proportion, between the hours of 11 P.M. and 4 A.M., shall be taken as prima facie evidence that such Tenement- House, Hoar, compartment, or portion thereof, has been let in contravention of this section.
69. The keeper of a Common Lodging-House, and every other person acting in the care or management thereof, shall, at all times, when required by any officer of the Sanitary Board, give him free access to such house, or any part there- of, and any such keeper, or persou, who refuses such access shall be liable to a penalty not exceeding twenty-five dol- lars.
70. If any tenement-house, or domestic building, or portion thereof, shall be found to be in an overcrowded condition, the Board shall, by a written notice, require the tonant of the same, or any portion thereof, and also, if necessary, the house- holder, to abate such overcrowding, within a period of one calendar month; such notice shall specify the cubic capacity available for habitation in such Tenement-House, or other domestic building, and the number of persons which may be legally accommodated therein. If the said notice be not obeyed, it shall be lawful for the said Board to apply to a Magistrate, who, on sufficient cause shown, shall summon before him the tenant or occupier of such dwelling house, or such householder.
If the person summoned admits, or if it be proved to the satisfaction of the said Magistrate that the said house is overcrowded, the Magistrate shall make an order for the abatement of the nuisance forthwith.
On the hearing of the said matter, the Magistrate may make such order for the inspection, at any hour of the night or day, of the said house, as the circumstances of the case may require. Such order to continue in force for a period not exceeding one month.
71. Any room of a Tenement-House used as a common kitchen, shall not be used as a sleeping room, and the house- holder, or tenant thereof, shall be responsible that such common kitchen is not so used, nor shall any passage, lobby, or other place, partitioned off from any sleeping room to the height of the ceiling, be included in the calculation of the cubic capacity available for human habitation.
72. In the calculation of cubic space, for the purposes of the four preceding Sections, two children ten years, or under ten years of age, shall be counted as one persou, and every person over ten years of age shall be considered as an adult.
73. No person shall open, or keep open, a Common Lodging-House, unless the house is registered, and the keeper thereof is licensed by the Registrar Geueral.
74. No person who shall erect a domestic building shall allow the same or any portion thereof to be occupied, until such building shall have been previously examined by an Officer of the Board, duly authorised by the Board, and certified by such officer as having been built in com- pliance with the entire provisions of this Ordinance.
75. Any person who shall not comply with the require- ments of Sections 67, 68, 70, and 71 shall be liuble to a penalty not exceeding fifty dollars, or, in default of pay- ment, to imprisonment not exceeding one month.
Overcrowding.
30 ou ir for
of space to be given esclu inmate of
houses
Inspection ni Cominod Judring
Houses.
38 & 80 V. c. 55 Bez. 85.
Staps to be taken to alates evercrowding
Afaristrate
order.
Ay take
tospuction.
Continen
kirchen not
Lo be used as sleeping
rooma.
Children of ten years.
Lodging-
Houace.
Domesti builtings.
Pamshmen KK,
139
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