New-York tribune., 1916-01-16
Requirements of Fire De
partment and New Build
ing Code Conflict.
OWNERS AT LOSS
JUST WHAT TO DO
Legal Fight Planned in Effort to
Learn What Is Necessary
IN Building

riVu W istS III COusttUCtiCn WOrN upon
buildings. as we'll as much doubt pre-
vsiling IN the minds Of architects.
whether the rules promulgated by the
Fire Department take precedence with
the requirements Of the new Building
Code. The question has particularly
arisen with reference to exit facilities
In the new Building Code r special re
vision WIS made OF the provision re-
lating 20 this particular subject. How
ever, IL seems that some of the re
qulrements of the provisions relative
20 exit facilities now come into con/ct
with the rules and regulations Of the
Fire Department.
A number OF objections have been
sent 70 the Advisory Council Of Real
Estate Interests ny real estate owners.
while it Is understood that some o. the
larger law firms were planning 70 In
stitute legal proceedings IN the local
courts. 70 ascertain just what property
owners would be required TO DO when
they found that. after complying with
the provisions Of the new Building
Code, they were subsequently com
PEELED 10 make extensive alterations In
their buildings. Undoubtedly the con
fict between these various regulations
will be eliminated BY the bill being
drafted by Walter Lindner, 10 consoli-
date the building inspection functions
Of the different city departments. but,
In the interim, real estate owners are
entitled 20 know how the departments
will regard the operation OF The new
Building Code.
With this view in mind, the Advisory
Council has obtained from Chief ]o-
scph O. Hammitt. OF the Fire Proven
tion Bureau, his view OF the conflict
which prevails. IN his opinion. In so
far as the regulation Of the Fire De
partment differ from the exit require
ments OF the Building Code. the rules
Of the Fire Department WI take prece-
dence after the building has become oc-
cupied. However, he states that every
effort Is being exerted TO revise the
dations of the Fire Depart
ment so ga 70 bring them as nearly IN
accord with the amended provisions OF
the new Building Code as Ia possible.
Where two departments are passing
upon thesame matter" said Nj. Ham
mitt. at is evidently impossible TO
against conflict. So long as
the Fire Commissioner is made respon-
sible for seeing that buildings are pro
vided with adequate exit facilities,
there is neces sarily a limit TO the DIS
tance he can 60 in accepting, IN the .
interests Of uniformity. regulations
which. in his judgment, ere INADEQUATE
even II the reguia ti9nS
regarding exits prescribed in the Build
mo Code can be accepted by the Fire
Commissioner and IN particular case
som. important part Of these regn!a
.ioDs is waived bv the uperintendent
of RuiIdings, without consulting the
Fjre Department, the Fire Commission
or NAV find it his duty 20 require
changes in the construction OF the
building after u has become occupied
and the inadeouacy Of exits mas become
a hazard 10 human life. ..,.,.
III seems 10 me that un'formll!
would be promoted II either 'nf
Fire Commissioner were depflNeu o.
anv authority TO require exits ~ "uui-
ton 10 those prescribed py the Vole
Of ordinances. or ~ the Superih'on-
dent of Buildings were required 70 Jn.
force the exit regulations prescrlped py
~ re Commissioner, and were pro
bibited from waving any OF the ies"
ls.ions regarding exits without OBTAIN
ing The approval OF the fIie
sjoner for such waiver.
This law does not require the ap-
nroyaI Of the Fire Department or nu-
reau OF Fire Prevention upon plans. a.
. ~o,dition of the erection OF Dullu-
mo After tie building has been occu.
Mod however. il becomes the ou'S y.
he Fire Commissioner 70 reoulre e%,C
facilities sufficient 10 render the DulIu-
mo anfe for its occupants. lntellgeh'
owneTs and architects have therefore
snnreciated the Importance OF suomlI-
80 tLelr plans 20 the Fire Depar'nenC
be}ore construction is commenced, III
order that they may be assured Ihai i
after the building has become ocSuPIe'
The exits will be such as meet 'ne
auirements Of safety, accorqlng 70 'No
Judgment OF the Fire Commissioners,
SSSne verv prominent building in the
do,yntocn ,ection Of Manhattan at
yTesent under construction is being
bnilt according to plans submitted 10
~ pnroau Of Fire Prevention nnd dis-
sn,roved because Of the very unsstis-
factorv arrangement OF It's exit iacil-
tIes The Fire Commissioner IS power
Io.. 20 prevent this building from pc
mo srected In q manner not compyI"s
Nth the requirements OF the flre De
,sr.ment but as soon as the DuiiolhB
becomes occupied the Fire Commission
er will have authority 70 require such
edditional exit facilities as will render
Tia building safe for its occupants;
You can readily see that the owner OF
his particular building may oe SUP
iected 70 the necessity OF puloihH
new stairway In year after the pu''u
ING has been completed, according 10
plans approved by the superintendent
Of Buildings ,, I. s.,r IN
oil nroperty owners and makes EN-
c;apry IN building regulation possible
/, N have the regulations for exit
foc;Ii.ics prescribed in the building
Code In a form meeting al the re-
l,nirerents Of the Fire Department, az
veil as the Building Department FOR
,b,s reason the Fire Commissioner was
onvious that the new sections OF the
building Code relating TO exits shoulo
~ adonted in a form which could De
accented by the Fire Department, ana
n was hoped that this would e!imlhaIe
Tho necessity for conslueraDle
mount Of plan examining by the bu-
reau of Fire Prevention. ~ thc reRu-
iations regarding exits were h1ed py
tho building Code in manner meet
inc the requirements OF the fiie pea e.,
partment, 1t would not be necessary ~
for us to pass upon the plans as 70
exjts in any case, except "nere "
waiver Of one or more OF the prov,
ions Of the Building Code was fouhd
necessary, because OF the peculiar CIR CIR
cun,stances Of the building uhdor CON
sideration. In some important re re
spects, however, the views OF 'ne fr.' M