Chap. 0440 An Act relative to the use of automatic sprinklers in tenement houses in the city of boston, and to appeals from decisions of the building commissioner.

Be it enacted, etc., as follows:

Section 1. Section forty-five of chapter five hundred and fifty of the acts of nineteen hundred and seven, as amended by section ten of chapter seven hundred and eighty-two of the acts of nineteen hundred and fourteen,
and by section four of chapter three hundred and fifty-two of the Special Acts of nineteen hundred and fifteen, is hereby further amended by striking out the fourth paragraph and substituting the following paragraphs: - Stairway enclosures, and elevator, light, ventilating and dumb-waiter shafts in all tenement houses, now or hereafter existing, being more than three stories high and containing more than ten suites, shall be provided with a system of automatic sprinklers approved as to situation, arrangement and efficiency by the building commissioner.
As to existing tenement houses of first class construction, and as to existing tenement houses of second or third class construction in which any stairway enclosure, elevator, light, ventilating or dumb-waiter shaft is fireproof, as defined in section thirty-three, as amended by section fourteen of chapter one hundred and seventy-nine of the Special Acts of nineteen hundred and eighteen, the commissioner may waive the provisions of this section in respect to automatic sprinklers, except in cases where, in his opinion, a fire hazard exists.
The building commissioner may order the basement or cellar of any tenement house more than three stories in height and having more than ten suites to be provided with a system of automatic sprinklers approved by him as to situation, arrangement and efficiency unless the ceilings of such basements or cellars and all partitions therein are protected with fireproofing as provided in section thirty-three. If the ceilings and partitions of such a basement or cellar are protected, as aforesaid, with fireproofing, the commissioner may, nevertheless, require to be installed therein a system of automatic sprinklers approved by him as to situation, arrangement and efficiency, provided that he finds a hazardous fire condition to exist in such basement or cellar.
Section 2. Said section forty-five, amended as aforesaid, is hereby further amended by striking out the sixth paragraph, and substituting the following: - In every tenement house now or hereafter existing which is more than three stories high and has more than eight suites, all elevator, vent and dumb-waiter shafts and stairways shall be enclosed in the basement or cellar by masonry walls not less than eight inches thick, or by two-inch solid metal and plaster partitions with fireproof self-closing doors.
Section 3. Section seven of said chapter five hundred and fifty is hereby amended by striking out the word "ten",
in the fourth line,'and substituting the word: - thirty,- so that the first paragraph of the said section will read as follows:- An applicant for a permit whose application has been refused may appeal therefrom within ninety days. A person who has been ordered by the commissioner to incur any expense may within thirty days after being notified of such order appeal therefrom by giving to the commissioner notice in writing of his appeal. Such notice or a certified copy thereof shall at once be transmitted by the commissioner to the board of appeal. After notice given to such parties as the board shall order, a hearing shall be had, and the board shall affirm, annul, or modify said refusal or order. The board may vary the provisions of this act in specific cases which appear to them not to have been contemplated by this act although covered by it, or in cases where manifest injustice is done, provided that the decision of the board in such a case shall be unanimous and shall not conflict with the spirit of any provision of this act.
Approved May 12, 1920.