The Hawaiian gazette., 1900-06-29
AIR SPACE
NECESSARY
Changes in Structure
Law Probable.
PRESENT STATUTE WEAK
Various Matters Considered at First
Various Matters Considered at First
Meeting Of Territorial
Heal h Board.

The first meeting OF the Board of
Health under Territorial auspices was
held yesterday afternoon, with DR.. Wood
in the chair as presiding officer. Those
in attendance were DR.. Wood, Attorney
General T. =. Dole, George w. Smith, +.
j. Lowrey, Il. c. Winston and DR. n. B.
Emerson.
DR.. Wood brought up a number of rec
concentrations left in writing by DIR. Gar
win, executive officer of the Board, prior
to his departure for Kahului on health
matters. The first recommendation was
to change the reading of section of the
Rules and Regulations of the Board. This
has reference to the erection of build
ings fronting on streets. DR.. Garvin
: stated he had been advised by the At
torney General that the regulation as at
present constructed would not hold good
in the courts. The Interpretation of the
rule by the Board would not stand le-
gal test. The section reads, There shah
be a clear space of ten feet for air be-
tween buildings, except those fronting
on streets" The last part of the clause
was the one which Dr. Garvin consider
ed weak
The Board interpreted this to mean
that all buildings shall be built flush
with the sidewalk or street line, if no
air space is to be allowed. This feature
of building would predominate in the
business district. If buildings or houses
Z g.t l.p. lNn ctp nd NFat
fronting them, they should be construct
ed with a view to securing the specified
number of feet between to allowsof a
free circulation of air.
| The executive officers recommendation
was that there shall be a clear air space
between all buildings which abut or are
contiguous to the street line" This would
include all outbuildings, shanties, sheds
or any kind of II structure.
DR.. Emerson thought it would wreak
unnecessary hardship upon many who
| desired to leave a small space in front
of their houses, but would otherwise bc
complying with the law.
| DIR. Wood explained that the regula
| ton was for the purpose of preventing
any one from building a structure agains
| his boundary line and thus abut build.
| ingS on the other side of the boundary
| This regulation would not hold good il
| the business district nor was it designed
to be enforced there, stated Dir. Wood
1t was designed to apply in places wher,
people dwelt and slept. In the busines!
| portions few people slept on the prem
| ses, and no one could prevent building.
! from going up wall to wall and to the
extent of the boundary line.
| He explained that Alexander Young's
new building according to the plans eX
| hibited, would be the first to come under
the ban of the regulation. This building
will have it's corners flush with the street
lines, but will be recessed for the greater
length of its frontage on the new street
1t is the contention of some members OF
| the Board that the entire front must he
| flush with the sidewalk line.
| 1t was further explained by DR. Wood
| that this regulation is being defeated in
many instances by people putting resi-
dences fronting "A street ten to fifteen
| feet away from the sidewalk, and thus
allowing them to jam up against the
rear or side boundary, as the case may
he. If n neighDor does exactly the same
thing Just around the corner and jams
his building up against the same boun-
Diary, it cuts OFF all the air space.
The case of the small shop which has
just been erected on Union street: Hav-
ing been built flush with the street line,