(3) All fire escapes shall have proper drop ladders or stairways from the lowest balcony of sufficient length to reach a safe landing place beneath.

(4) All fire escapes not on the street shall have a safe and adequate means of egress from the yard or court to the street or alley or to the adjoining premises.

(5) Prompt and ready access shall be had to all fire escapes, which shall not be obstructed by bath tubs, waterclosets, sinks or other fixtures, or in any other way.

All fire-escapes that are already erected which do not conform to the requirements of this section may be altered by the owner to make them so conform in lieu of providing new fire-escapes, but no existing fire-escape shall be extended or have its location changed except with the written approval of the superintendent of buildings. All fire-escapes hereafter erected on any multiple-dwelling shall be located and constructed as prescribed in section forty of this act.

SEC. 96. Additional Means of Egress. Whenever any multiple-dwelling is not provided with sufficient means of egress in case of fire the superintendent of buildings shall order such additional means of egress as may be necessary.

SEC. 97. Roof Egress; Scuttles and Bulkheads. Unless there is a bulkhead in the roof there shall be over every inside stairway used by more than one family, a skylight or scuttle not less than two feet by three feet in size. Every flat roof multiple-dwelling, exceeding one story in height, shall have at least one convenient and permanent means of access to the roof located in a public part of the building and not in a room or closet.

ARTICLE VI.

Requirements and Remedies.

SEC. 98. Permit to Commence Building. Before the construction or alteration of a dwelling, or the alteration or conversion of a building for use as a dwelling is commenced and before the construction or alteration of any building or structure on the same lot with a dwelling, the owner, or his agent or architect shall submit to the health officer or such other appropriate public official as the mayor may designate, a detailed statement in writing, verified by the affidavit of the person making the same, of the specifications for such dwelling or building, upon blanks or forms to be furnished by such health officer or by such other appropriate public official as the mayor may designate and also full and complete copies of the plans of such work. With such statement there shall be submitted a plat of the lot showing the mensions of the same, the location of the proposed building and all other buildings on the lot. Such statement shall give in full the

name and residence, by street and number, of the owner or owners of such dwelling or building and the purposes for which such dwelling or building will be used. If such construction, alteration or conversion is proposed to be made by any other person than the owner of the land in fee, such statement shall contain the full name and residence, by street and number, not only of the owner of the land but of every person interested in such dwelling, either as owner, lessee or in any representative capacity. Said affidavit shall allege that said specifications and plans are true and contain a correct description of such dwelling, building, structure, lot and proposed work. The statements and affidavits herein provided for may be made by the owner, his agent or architect, or by the person who proposes to make the construction, alteration or conversion or by the agent or architect of such person. No one, however, shall be recognized as the agent of the owner or of such person unless he shall file with said health officer or such other appropriate public official as the mayor may designate, a written instrument signed by such owner or person, as the case may be, designating him as such agent. Any false swearing in a material point in any such affidavit shall be deemed perjury. Such specifications, plans and statements shall be filed in the said health department and shall be deemed public records, but no such specifications, plans or statements shall be removed from said health department. The health officer or such other appropriate public official as the mayor may designate, shall cause all such plans and specifications to be examined. If such plans and specifications conform to the provisions of this act, they shall be approved by the health officer or by such other appropriate public official as the mayor may designate, or his duly authorized assistant, and a written certificate to that effect shall be issued by him to the person submitting the same. The health officer or such other appropriate public official as the mayor may designate, may, from time to time, approve changes in any plans and specifications previously approved by him, provided the plans and specifications when so changed shall be in conformity with law. The construction, alteration or conversion of such dwelling, building or structure, or any part thereof, shall not be commenced until the filing of such specifications, plans and statements, and the approval thereof, as above provided. No permit shall be granted and no plan approved by the department of buildings, where such exists, for the construction or alteration of a dwelling or for the alteration or conversion of any building for use as a dwelling until there has been filed in the office of the department of buildings a certificate of the health officer or such other appropriate public official as the mayor may designate, issued as above provided to the effect that such dwelling conforms to the provisions of this act. The construction, alteration or conversion of such

dwelling, building or structure shall be in accordance with such approved specifications and plans. Any permit or approval which may be issued by the health officer or by such other appropriate public official as the mayor may designate, but under which no work has been done above the foundation walls within one year from the time of the issuance of such permit or approval shall expire by limitation. The health officer or such other appropriate public official as the mayor may designate or his duly authorized assistant shall have power to revoke or cancel any permit or approval in case of any failure or neglect to comply with any of the provisions of this act, or in case any false statement or representation is made in any specifications, plans or statements submitted or filed for such permit or approval.

SEC. 99. Certificate of Compliance. No building hereafter constructed as or altered into a dwelling shall be occupied in whole or in part for human habitation until the issuance of a certificate by the health officer or by such other appropriate public official as the mayor may designate, that said dwelling conforms in all respects to the requirements of this act relative to dwellings hereafter erected. Such certificate shall be issued within fifteen days after written application therefor if said dwelling at the date of such application shall be entitled thereto.

SEC. 100. Unlawful Occupation. If any building hereafter constructed as or altered into a dwelling be occupied in whole or in part for human habitation in violation of the last section, during such unlawful occupation no rent shall be recoverable by the owner or lessee of such premises for said period, and no action or special proceedings shall be maintained therefor or payment of such for possession of said premises for non rent, and said premises shall be deemed unfit for human habitation and the health officer may cause them to be vacated accordingly.

SEC. 101. Penalties for Violations. Every person who shall violate or assist in the violation of any provision of this act shall be guilty of a misdemeanor punishable, if the offense be not wilful, by a fine of not less than ten dollars or more than one hundred dollars, and in default in payment thereof, by imprisonment in the county jail for one day for each and every day that such violation has continued, and if the offense is wilful, by imprisonment in the county jail for ten days for each and every day that such violation shall continue, and by a fine of not less than fifty dollars and no more than two hundred fifty dollars, or by both such fine and imprisonment in the discretion of the court. The owner of any dwelling, or of any building or structure upon the same lot with a dwelling, or of the said lot, where any violation of this act or a nui sance exists, who has been guilty of such violation or of creating or permitting the existence of such nuisance, and any person who shall violate or assist in violating any provision

of this act, shall also jointly and severally for each such violation and each such nuisance be subject to a civil penalty of fifty dollars to be recovered for the use of the health department in civil action brought in the name of the municipality by the health officer or by such other appropriate public official as the mayor may designate. Such persons shall also be liable for all costs, expenses and disbursements paid or incurred by the health department, by any of the officers thereof or by an agent, employe or contractor of the same, in the removal of any such nuisance or violation. Any person who having been served with a notice or order to remove any such nuisance or violation shall fail to comply with said notice or order within five days after such service, or shall continue to violate any provisions or requirement of this act in the respect named in said notice or order, shall also be subject to a civil penalty of two hundred and fifty dollars. For the recovery of any such penalties, costs, expenses or disbursements, an action may be brought in the circuit court for the county or any court of competent civil jurisdiction. In case the notice required by sections one hundred six and one hundred seven of this act is not filed, or in case the owner, lessee or other person having control of such dwelling does not reside within the State or cannot after diligent effort be served with process therein, the same being duly made to appear to the satisfaction of the court, an order may be entered by the court for the publication of notice to the owner not served in a newspaper of general circulation published in the county once in each week for two successive weeks, requiring such owner to appear and defend such suit, if he desires, within one week after the last publication of such notice, and upon filing due proof of the publication of such notice, such action may proceed in rem against the dwelling or structure upon the same lot with the dwelling, and the lot involved, and in personam against any other person duly served in said proceeding, if there be such person. The existence of a nuisance in or upon such dwelling, structure on the same lot with a dwelling or on such lot, which the owner thereof has created or permitted to exist and any violation of this act as to such dwelling, structure and lot of which the owner has been guilty shall in such proceeding subject such dwelling, structure and lot respectively to a penalty of fifty dollars which shall be a lien thereon until paid; and any violation of an order made or a notice given by the health officer permitted or committed by the owner of a dwelling, structure on the same lot with a dwelling, or such lot, shall in such proceeding subject the dwelling, structure and lot respectively to a penalty of two hundred fifty dollars, which penalty shall be a lien thereon until paid.

SEC. 102. Procedure. Except as herein otherwise specified, the procedure for the prevention of violations of this act or for the vacation of premises unlawfully occupied, or for

other abatement of nuisance in connection with a dwelling, shall be in accordance with the existing practice and procedure. In case any dwelling, building or structure is constructed, altered, converted or maintained in violation of any provision of this act or of any order or notice of the health officer or such other appropriate public official as the mayor may designate, or in case a nuisance exists in any such dwelling, building or structure or upon the lot on which it is situated, said health officer or such other appropriate public official as the mayor may designate, may institute any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said dwelling, building or structure, or to prevent any illegal act, conduct or business in or about such dwelling or lot. In any such action or proceeding said health officer may by a bill or petition duly verified, setting forth the facts, apply to the circuit court in chancery for the county, or to any judge thereof, for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, structure or lot, or from occupying or using the same for any purpose until the entry of final judgment or order. In case any notice or order issued by said health officer or such other appropriate public official as the mayor may designate, is not complied with, said health officer may apply to the circuit court or to any judge thereof for an order authorizing him to execute and carry out the provisions of said notice or order, to remove any violation specified in said notice or order, or to abate any nuisance in or about such dwelling, building or structure or the lot upon which it is situated. The court or any judge thereof is hereby authorized to make any order specified in this section. In no case shall the health department, health officer, or such other appropriate public official as the mayor may designate, or any officer or employe thereof, or the city, be liable for costs in any action or proceeding that may be commenced in pursuance of this act. The actions, proceedings and authority of the health officer shall at all times be treated as prima facie just and legal.

SEC. 103. Tenant's Responsibility. If the occupant of a dwelling shall fail to comply with the provisions of this act after due and proper notice from the health officer, such failure to comply shall be deemed sufficient cause for the summary eviction of such tenant by the owner and the cancellation of his lease.

SEC. 104. Liens. Every fine or penalty imposed by judg ment under section ninety-five of this act upon the owner of a dwelling or of a structure on the same lot with a dwelling, or of a lot, shall be a lien upon the real property in relation