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L. 1912;

41. Tenement-house, a tenement house as defined in the Tenement House Law, L. 1909, Ch. 99, Sec. 2, Subd. 1, as amended by Ch. 13,

42. Vault, a covered excavation, or chamber, below the street level, with masonry walls and roof, constructed outside the foundation walls of a building, and with but one entrance, fitted with a self-closing fireproof door;

43. Volatile inflammable oil, any oil or liquid that will generate an inflammable vapor at a temperature below 100° F. when tested in a Tagliabue open cup tester;

44. Wholesale drug store or drug and chemical supply house, a building or place used for receiving, handling, storing or keeping for sale, in large quantities, medicinal preparations, proprietary articles, drugs, chemicals, oils, volatile solvents, and other sustances which, alone or in combination with other substances or articles, are of a highly combustible, inflammable or explosive nature.

45. Working or filling pressure, the pressure at 70 degrees Fahrenheit. (Amend. May 25, 1905.)

2. Construction of chapter.-Whenever in this chapter a specified article treats of any substance, trade or industry, such regulations shall control and have precedence over any conflicting reference or regulation covering the same substance, business, trade or industry made in any other portion of this chapter. (Amend. May 25, 1915.)

83. Federal government.-Nothing contained in this chapter shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the interstate commerce commission; nor as applying to the military or naval forces of the United States, nor to the duly authorized militia of any state or territory thereof.

§ 4. City officers.—The heads of the various departments of the city shall be subject to the provisions of this chapter with regard to obtaining permits and with regard to the requirements for certificates of fitness for their employees; but they shall not be required to furnish a bond or to pay a fee in connection therewith.

85. Seizure of contraband material.- Any article or thing the manufacture, transportation, storage, keeping, sale or use of which is prohibited by this chapter, or which is manufactured, transported, stored, sold, kept, or used in violation thereof, is liable to seizure by the fire commissioner, and may be disposed of at his discretion.

$ 6. Revenues, disposition of.—All fees, fines and forfeitures, and all proceeds of suits for penalties, which may be paid or collected pursuant to this chapter, shall be paid in and disbursed pursuant to chapter xv, title 5 of the charter.

8 7. Electrical perils; protection against.-In workshops, factories, and other establishments, where volatile inflammable oils or liquids, or inflammable or explosive substances, are used or handled, all fixtures, machinery and apparatus liable to generate or be affected by an electric spark, or which are in any way exposed to the influence of an electric discharge (such as lighting), shall be "grounded” in a manner satisfactory to the fire commissioner.

88. Smoking prohibited.-No person shall smoke or carry a lighted cigar, cigarette, pipe or match within any room or enclosed place, or in any cellar or basement, or in any part of any premises in which an explosive or highly combustible or inflammable material is manufactured, stored or kept for use or sale. Offices not containing explosive, highly combustible or inflammable material, and separated from the other parts of said places or premises by a tight partition or a self-closing door, shall be exempt from the above prohibition.

$ 9. Fire-extinguishing appliances.-The fire commissioner may, before granting any permit hereinafter prescribed, require the installation of water buckets, sand buckets, fire extinguishers, metal receptacles for rubbish and other means of preventing and extinguishing fire, where the same are not specifically required in this chapter.

§ 10. Hazardous industries.-Except as otherwise provided in this chapter, no person shall conduct a hazardous or dangerous industry, trade, occupation or business, requiring the storage, sale or use of any explosives, inflammable, combustible or other dangerous substance, article, compound or mixture, without a permit, issued upon such conditions as are deemed by the fire commissioner necessary in the interest of public safety. (Amend. May 25, 1915.)

§ 11. Permits.—The sale, storage, use, manufacture or transportation of any combustible, inflammable or explosive article, thing, substance or compound to which this chapter applies, without a permit in writing from the fire commissioner, except where none is provided for in this chapter, is hereby prohibited. Where separate regulations require permits for two or more departments or branches of the same business conducted in the same establishment, all such departments or branches may be included in a single permit, the fee to be fixed by the fire commissioner. (New Ord. May 25, 1915.)

Regulations and orders issued herein come within the police power and will be so treated. Foote v. Fire Dept., 5 Hill, 99; Cathcart v. Fire Dept., 26 N. Y. 529. An inspector may be required to act without waiting for order from Fire Commissioner. People v. Murray, 76 App. Div. 118, aff'd 175 N. Y. 479.

ARTICLE 2

CERTIFICATES AND PERMITS

Sec. 20. Applications.

§ 21. Certificate of fitness.
§ 22. Certificates of approval.
Š 23. Certificates of registration.

24. Permits; general provisions.
25. Special permits.
26. Renewals; revocation.
§ 27. Inspection.

Sec. 20. Applications.-All applications for certificates or permits required by the provisions of this chapter shall be made to the fire commissioner, in such form and detail as he shall prescribe, and containing such information as he shall require. Except applications for certificates of fitness, they shall be accompanied by such plans, drawings, models or samples as the commissioner may require.

$21. Certificate of fitness. 1. Qualifications.-An applicant for a certificate of fitness must(a) Be at least 21 years of age;

(b) Have a reasonable understanding of the English language and be able to answer satisfactorily such questions as may be asked him upon his examination;

(c) Produce such evidence of his character, habits and past employment as may be satisfactory to the Commissioner;

(d) Pass an examination, by a person or body designated by the fire commissioner, upon the law and ordinance regulations governing the transportation, storage and use of the substance, compound or article relating to or connected with the service to be performed by him; upon the risks incident to his employment, and upon his knowledge of the precautions necessary to be taken in connection therewith; provided, however, that such examination may be waived at the discretion of the fire commissioner upon application for renewals of such certificates. Upon the approval of such examiner or examining body, the fire.commissioner may issue to him a certificate of fitness. An applicant for such certificate, who has failed to pass & satisfactory examination may renew his application after the expiration of 3 months from the date of his last examination.

(e) In addition to the foregoing requirements, an applicant in order to obtain an original certificate of fitness as a blaster, must present satisfactory evidence of experience in handling high explosives, either as a blaster or a blaster's helper, for a period of not less than two years, and that he is properly qualified to perform the duties of a blaster. (Amend. May 25, 1915.)

2. Photographs. Each application for such a certificate shall be accompanied with 2 unmounted photographs of the applicant, taken in ordinary working clothes, not less than 2 by 3 inches; one of which shall be attached to the application, the other to the certificate of fitness when issued.

$22. Certificates of approval.-Each application for a certificate of approval shall be accompanied with the article or thing sought to be approved, or with complete working drawings thereof. The applicant for the certificate shall, at his own cost and expense, furnish to the fire commissioner any required opportunity to make an analysis, test or examination of the article or thing which is the subject of his application, under such conditions as may be prescribed by the commissioner; or shall, if directed, have such analysis, test or examination made at a laboratory or testing establishment to be designated by the commissioner. Each article or thing of a type for which a certificate of approval shall have been issued shall have the number of such certificate plainly stamped or otherwise fixed upon it, or a mark of identification which must be recorded in the certificate of approval. (Amend. May 25, 1915.)

$ 23. Certificates of registration.-An application for a certificate of registration of the name of a person, association or corporation manufacturing, outside the city, any article or thing which is to be stored, sold and used within the city, shall be in such form and detail as the fire commissioner may prescribe, and shall contain a general description of the article or thing sought to be registered.

8 24. Permits; general provisions.-1. Repealed May 25, 1915.

2. Not transferable. A permit is not transferable, but the business may be transferred to a new location under the same ownership, and in case a business conducted under a permit changes ownership, the new owner, before assuming control of such business, shall obtain a new permit.

$ 25. Special permits. 1. Continuing old business.-The fire commissioner may, by special permit, authorize the continuance of any business, or the storage, sale or use of any article, apparatus or thing which was originally authorized by a permit issued under the regulations of the municipal explosives commission, in force on January 1, 1912, or he may waive the operation of this chapter, or any portion thereof, in sparsely populated districts.

2. Modifications.-When the circumstances, conditions, limitations or surroundings of any business, occupation, trade, industry or premises, to which this chapter applies are unusual, or such as render it impracticable to enforce all the provisions applicable thereto, the fire commissioner may waive, or modify such provisions to such extent as he may deem necessary in the premises consistent with public safety. (Amend. May 25, 1915.)

§ 26. Renewals; revocation.-Unless otherwise specifically provided, every permit, certificate of fitness or certificate of registration or renewal thereof, granted by the fire commissioner, shall be for such period as he may determine, not to exceed one year, and shall be a mere revocable license. Certificates of approval need not be granted for a fixed period, and may be revoked at any time. (Amend. May 25, 1915.)

g 27. 'Inspection. Every permit must at all times be kept on the premises designated therein, and every certificate of fitness shall at all times be kept in the possession of the person to whom it shall have been issued upon pain of forfeiture thereof, and shall at all times be subject to inspection by any officer of the fire or police departments. (Amend. May 25, 1915.)

ARTICLE 3

BONDS AND FEES

Sec. 40. Bonds, general provisions.
§ 41. Schedule of bonds required.

42. Fees for certificates.
43. Fees for permits.

44. Fees for special permits. Sec. 40. Bonds; general provisions. --All bonds required to be given under the provisions of this chapter shall be approved by the comptroller, as to the sufficiency of the sureties, and conditioned for the payment of any loss, damage or injury resulting to persons or property by reason of carelessness, negligence or failure to comply with the requirements of this chapter, respecting the manufacture, transportation, storage, sale, handling or use, within the city, of any article or thing covered by this chapter; 'except that no bond shall be required of a contractor in connection with work to be performed by him under a contract with the city, provided he has filed a general indemnity bond covering such contract.

§ 41. Schedule of bonds required.--Except as provided in § 40 of this chapter, applicants for permits of the following classes shall give bonds in the penal sums hereinafter specified, namely:

[blocks in formation]

1. Explosives:

to bring into the city, and sell, transport and de

liver..
for each vessel in the local trade.
for each vehicle engaged in local delivery.
for magazine, first class .

second class
third class .
fourth class.

fifth class.
to use.
2. Fireworks:

to manufacture, bond of not less than..
to store and sell:

wholesale value of $500.

wholesale value of $1,500.
to use and discharge, wholesale value over $10,

single occasion.
at various times within the same enclosure.

$ 5,000 00

5,000 00 5,000 00 25,000 00 20,000 00 15,000 00 10,000 00 5,000 00 5,000 00

5,000 00

2,000 00 5,000 00

1,000 00 2,000 00

§ 42. Fees for certificates.-Applicants for certificates issued under the provisions of this chapter shall pay annual fees as follows:

[blocks in formation]

$ 2 00

5 00 2 00 25 00

1. Certificate of fitness as magazine keeper.

other certificates of fitness ...,

renewals ... 2. Certificate of approval. 3. Certificate of registration, the fee required for a permit to

manufacture a similar article or thing within the city. 4. Certificates of fitness for transferring carbonic acid, both

originals and renewals, 50 cents.

$ 43. Fees for permits.-Applicants for permits under the provisions of this chapter shall pay annual fees as follows:

Class of Permits

Annual Fee

1. Acids, to store:

more than 1 and not exceeding 15 carboys of any acid
or acids, except picric acid.

$ 2 00
more than 15 carboys of any acid or acids, except picric
acid...

5 00

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