the-ordinances-of-the-legislative-counci-1890v4 — Page 377

2191 ORDINANCE No. 24 of 1887 .


Public Health.


PART IV .
Areas.
58. Every person , who shall erect a new building on land obtained
from the Crown, after the passing of this Ordinance, and on a site,
excavated out of a slope or declivity, shall not permit such new building
to abut against the hill- side, but shall leave a clear intervening space or
area of at least four feet between such new building, along its whole
extent, and the toe of the slope of the hill - side, always provided that—

( 1. ) Any kitchen, or out- house, appertaining to such new
building, may abut against the hill - side , if not designed ,
or intended for human habitation ; and ,


(2. ) Any basement story, designed for cellarage or purposes.
other than human habitation , may abut against the

hill -side , to the extent of the height of such basement
story.

Area to be
left in land 59. In the case of land obtained from the Crown before the passing
purchased of this Ordinance, every person , who shall erect any new building on a
previous to
Ordinance. site which has been excavated out of a slope or declivity , shall leave a
clear intervening space or area of at least four feet, between such new

building, along its whole extent , and the toe of the slope of the hill - side,
unless .

Exemptions. ( 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