Par. 1. - The ends of all wooden floor or roof timbers in second class buildings shall enter the wall to a depth of at least four inches; and the ends of all such beams shall be so shaped or arranged that in case of fire they may fall without injury to the wall.

[1918, c. 179, sect. 15, Special Act.]

Section 35. Alteration of Existing Buildings

Par. 1. - Any building, except those of third class construction within the building limits, having not more than five floors above the mean grade of all the sidewalks, and covering an area of not more than seventeen hundred and fifty square feet, may be altered, remodeled or enlarged for use as a house for habitation or tenements using second class construction.

[1921, c. 289, sect. 3.]

Par. 2. - The first story or basement, or both the first story and basement, in such buildings may be used for mercantile purposes; provided that the walls surrounding the mercantile portion are firestopped with brick, terra cotta or gypsum tile laid in cement filled in solidly to full height between the studs, and the latter covered on both sides with metal lath and cement plaster, the soffits of stairs and the ceilings of the mercantile portion to be covered with three coat work cement plaster on metal lath.

[1921, c. 289, sect. 3.]

Height Allowed

Par. 3. - The height of any such building shall not be increased unless the walls and foundations conform to the provisions of this act. The number of stories of such a building shall not exceed five above the cellar or basement.

Egress Required

Par. 4. - Every such building, except a single family dwelling, more than three stories in height so altered, remodeled or enlarged, shall be provided with at least two independent means of egress, at least one of which shall consist of an inside stairway, enclosed with partitions of wood studding, the spaces between the studs filled solid to full height with bricks, terra cotta or gypsum blocks, laid in mortar, and both sides of partitions and soffits of stairs plastered with three coats of cement plaster on metal lath, or any enclosure of superior fire-resisting construction, satisfactory to the commissioner, all openings into said enclosure to have self-closing fireproof doors and fireproof frames. The other means of egress may be outside iron fire escape with stairs to the ground, or connecting iron balconies to an adjoining building, and each tenement above the first story shall have direct access to at least two separate means of egress.

Exposure Required

Par. 5. - Every such building, so altered, remodelled or enlarged, shall have, in addition to the exposure on the widest street, an exposure as long as the average width of the building, upon a space open from the ground to the sky, at least ten feet wide for the first three stories, and increasing in width five feet for the next two stories. If the proposed building is more than five stories in height, said space shall be twenty feet: provided, that if the basement and first story are adapted or enlarged for use for mercantile purposes, the exposure required by this section shall not apply to that part of the building; and provided, also, that sufficient space be retained on the lot for the storage of ashes or garbage.

Par. 6. - Such exposure may be either upon private or public ways, or upon land which is dedicated for the use of the building, and may be divided and placed as approved by the building commissioner.

Par. 7. - These spaces shall remain undiminished so long as the building is used for habitation.

Par. 8. - If the building is situated on the corner of streets or private ways not less than ten feet wide the commissioner may approve the omission of the whole or part of this additional exposure.

Alteration - When It Produces New Structure Practically

Par. 9. - If in the opinion of the commissioner the alteration proposed to be made in a building is of such extent as, when done, to produce a practically new structure or to impair the stability or increase the fire risk of the structure as a whole, then the whole structure shall be made to conform to the provisions of this act for a new structure of the same class. A building damaged by fire or other casualty may be repaired or restored so as to conform to its original condition, or may be reconstructed in some or all of its parts, so as to conform to the requirements of this act for new buildings, as the commissioner may specify in his permit.

Windows in Living Room

Par. 10. - Every living room in a building adapted for habitation shall have a window on the open air of an area not less than ten square feet and distant in a three story building not less than six feet from any opposite wall; distant in a four story building not less than eight feet from any opposite wall; distant in a five story building not less than ten feet from any opposite wall. This shall not apply to the construction of third class buildings, except the provision for a window on the open air of an area.

Exposure Required

Par. 11. - New buildings for habitation or tenement purposes of not more than seventeen hundred and fifty square feet area, may be built of second class construction with the same restrictions as required by the preceding paragraphs of this section referring to the alteration, remodelling and enlarging of second class buildings. The exposure required under this section shall apply to all other buildings hereafter constructed and adapted for habitation.