New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-13
CODE IS ABOVE FIRE LAW
Commissioner Must Enforce the
Provisions as Enacted.
GERRY" BUILDERS CHANCE
Charter Does Not Take Cogni-
zance Of Possible Dishonesty
Sprinklers Not Mandatory.

Insisting that no real grievance could be
found with the powers conferred on the
Fire Commissioner by the new fire preven-
ton law. Assistant Corporation Counsel
MacNulty said yesterday that the Fire
Commissioner could not, as many persons
believed, ride rough shod over the plans
of architects and builders.
1.-THE Fire Commissioner" said Mr.. Mac
Nulty, must be guided entirely by the
building code and he must follow its pro-
visions closely He may not diverge from
them He cannot modify them. He must
enforce them as he finds them.
For this reason 1t should be seen 10
that the provisions of the pending buiioins
code do not work contrary to the best In
terests Of fire prevention. Should the pre-
yentive aspects of the code be lax and in
efficient the Fire Commissioners hanos
would be tied. 1t Is also apparent mat IL
these provisions be needlessly harsh ana
unfair, property owners would have to sub
nit to Injustice, for 1t would be the duty
OF the Fire Commissioner to enforce those
provisions"
Here Mr.. MacNulty pointed out that UNI
der sections 40 and All of the charter Oh
greater New York building commissioner
with the consent Of Borough PRESIDENT
may change the provisions OF the buiidins
code to suit his fancy.
Jerry" Builders Chance.
"Tbere,n." said Mr.. MacNulty. "A real
danger lies II there was dishonest puiio-
ing commissioner and a dishonest Borough
President the desire Of a Jerry builder 70
evade the law could be accomplished.
Mr.. MacNulty then came to the defence
OF Acting Corporation Counsel Sterling, VINO
construed as not applying TO New foth
City the provision of the fire prevention
law which mandatorIly presrioes instalia'
ton of sprinklers In all factory buildings
over seven stories or over ~ 1eet III
height. in which wooden flooring or wooden
trim is used and In which more than two
hundred persons are employed above the
seventh floor. He admitted the provision
was drafted with especial view to New
York City, but said that it could not apply
TO New York City because the law 1t was
intended to supersede had not been re-
pealed.
Apart from the fact that 1t could not be
applied TO this city," said Mr.. MacNulty'
.it Is a good thing that 1t does not. III
would really hamper the good work now be-
ing done in the matter of sprinkler install
la ton in this city. AS it is, we can go
ahead and order the installation Oh
sprinklers wherever we deem them neces-
sary. regardless Of the size or construction
OF the building. and We can order them In
stalled within thirty days. Under the new
law, II II did apply TO this city, We would
have to wait at least one year after the
passage Of the fire prevention act before we
could compel owners to install.
Moreover. such law would be unjust.
A factory building is any building in which
two or more persons are employed, and
the provision affecting fire sprinklers being
mandatory, would have meant that all office
buildings with wooden trim or flooring in
which two hundred persons above the
seventh floor are employed would have to
install these sprinkling systems. You can
see the injustice OF this when you remem-
Der that sprinkling systems cost from $1,000
TO $4,000 to INSTALL.
Mr.. MacNulty also argued that the pres