SEC. 75. Infected and unfit houses to be vacated.-Whenever a tenement house or dwelling house, or any part thereof, is infected with contagious disease, or is unfit for human habitation, or dangerous to life or health by reason of want of repair, or of defects in the drainage, plumbing, ventilation, or of the construction of the same, or by reason of the existence on the premises of a nuisance likely to cause sickness among the occupants of said house, the health department shall issue an order requiring all persons therein to vacate such house, or part thereof, within not less than 24 hours nor more than 10 days for the reason to be mentioned in said order. And it shall thereupon and thereafter be deemed a violation of this ordinance to occupy or permit the occupancy of such house or part thereof until such order has been complied with. The health department, whenever it is satisfied that the danger from said house or part thereof has ceased to exist, or that it is fit for human habitation, may revoke said order, or may extend the time within which to comply with the same.

SEC. 76. Fire escapes.-The owner of every tenement house shall keep all the fire escapes thereon in good order and repair, and whenever rusty shall have them properly painted with two coats of paint. No person shall at any time place any incumbrance of any kind before or upon any such fire escape.

SEC. 77. Scuttles, bulkheads, ladders, and stairs.-All scuttles and bulkheads and all stairs or ladders leading thereto shall be easily accessible to all tenants of the building, and kept free from incumbrance, and ready for use at all times. No scuttle and no bulkhead door shall at any time be locked with a key, but either may be fastened on the inside by moveable bolts or hooks.

CHAPTER V.-IMPROVEMENTS.

(In this chapter will be found all the provisions which an owner must observe with regard to the improvements required in a tenement house or dwelling house erected prior to the passage of this ordinance.)

SEC. 78. Rooms, lighting and ventilation of.—No room in a tenement house erected prior to the passage of this ordinance shall hereafter be occupied for sleeping purposes unless it shall have a window or windows with a total area of 8 square feet of glass opening directly upon a street or upon a yard not less than 10 feet deep or above the roof of an adjoining building or upon a court of not less than 25 square feet in area open to the sky without roof or skylight. Every room for living purposes other than sleeping which does not comply with the above provisions shall be provided with a sash window opening into an adjoining room in the same apartment, which latter room opens directly on the street or on a yard of the above dimensions by means of a window or windows at least 15 square feet in area between the pulley stiles. Said sash window shall be a vertically-sliding pulley-hung sash not less than 15 feet in area between the pulley stiles; both halves shall be made so as to readily open and the lower half shall be glazed with translucent glass, and, so far as possible, it shall be in line with windows in the said outer room opening on the street or yard, so as to afford a maximum of light and ventilation. Where such rooms are already provided either with windows, window openings, glass sliding doors, or large alcove openings to adjoining rooms, but do not comply with all the provisions of this section, the health department when satisfied that no material improvement in the light and ventilation of such rooms can be had that would warrant the providing of new windows of the size and kind specified may permit the occupancy of such rooms for living purposes in the following cases, provided such improvements or alterations as may be practicable to secure better light, ventilation, or sanitation and as are required by said department are made by the owner: (1) Where there is an existing window or window opening from such interior to an outer room, and such window or opening is not less than 10 square feet in area. (2) Where there is an existing sliding door with translucent glass or an alcove opening of sufficient size from such interior room to an outer room.

(3) Where, owing to the size of partitions, arrangement of rooms, locations of fixed closets or stairs, or the interposition of air shafts, it is impracticable to provide a sash window of the required size and a window as large as practicable is provided. SEC. 79. Public halls, lighting of.-In every tenement house whenever a public hall on any floor is not light enough in the daytime to permit a person to read ordinary newspaper print in every part of such hall without the aid of artificial light, the wooden panels in the doors located at the ends of the public halls and opening into rooms shall be removed and ground glass or other translucent glass or wire glass panels of an aggregate area of not less than 4 square feet for each door shall be substituted, or said public hall may be lighted by a window at the end thereof, with the plane of the window at right angles to the axis of the said hall, said window opening upon the street or upon a yard or court. The provisions of this section shall not relieve any person from complying with the provisions of section 55 hereof.

SEC. 80. Public halls, lighting and ventilation of.-In all tenement houses erected prior to the passage of this ordinance the public halls and stairs shall be provided with as much light and ventilation to the outer air as is practicable. All new skylights hereafter placed in such houses shall be provided with ridge ventilators or fixed or movable louvers, or with movable sashes, so that there may be an effective ventilating area of 40 square inches or more.

SEC. 81. Water-closets and sinks.—In all tenement houses erected prior to the passage of this ordinance the woodwork inclosing sinks or water-closets shall be removed, and the space underneath and around the same shall be left open. The floors and wall surfaces beneath and around the sink or water-closet shall be put in good order and repair, and whenever used by more than one family such floor or other surface if of wood shall be kept well painted with light-colored paint.

SEC. 82. Water-closets in tenement houses.-In connection with all tenement houses erected prior to the passage of this ordinance there shall be provided and installed at least one water-closet for every two families in each such house. When a sewer is accessible, such water-closets shall be or durable, nonabsorbent material, properly sewer connected, and with individual traps and properly connected flush tanks, providing an ample flush of water to thoroughly cleanse the bowl. Each such watercloset shall be located in a compartment completely separated from every other watercloset, and such compartment shall be located in or contiguous to the house and shall contain a window of not less than 4 square feet in area, opening directly to a street or yard, or on a court not less than 25 feet in area and open to the sky, or such compartment shall be adequately lighted and ventilated by a skylight. The floors of such water-closet compartments shall be waterproof, as provided in section 27 of this ordinance, unless the same be placed in a bathroom. Where a sewer is not accessible, such water-closets shall consist of privy walls located in the yard and constructed in accordance with the ordinances of the city relating thereto. In such cases the structure containing the water-closets shall not exceed 10 feet in height. Such structure shall be provided with a ventilating skylight in the roof of an adequate size, and each water-closet shall be located in a compartment completely separated from every other water-closet. Proper and adequate means for lighting the structure at night shall be provided.

SEC. 83. Water-closets in dwelling houses.—All new water-closets hereafter placed within a dwelling house erected prior to the passage of this ordinance, or in a compartment contiguous thereto, shall be located and installed in accordance with the requirements of section 28 of this ordinance. Where outside closets are constructed, they shall be in accordance with the ordinance of the city relating to such closets. SEC. 84. Basement and cellars.-The floor of the cellar or basement of every tenement house shall be free from dampness, and when necessary shall be concreted with 4 inches of concrete of good quality and with a finished surface. The cellar ceiling of

every tenement house shall be plastered when necessary to prevent the damp air of the cellar from reaching the rooms above.

SEC. 85. Means of egress.-Whenever a tenement house is not provided with sufficient fire escapes or with sufficient means of egress in case of fire, the building department may order such additional fire escapes and other means of egress as may be necessary.

SEC. 86. Scuttles, bulkheads, ladders, and stairs.-Every tenement house exceeding two stories in height erected prior to the passage of this ordinance shall have in the roof a bulkhead or a scuttle, which shall be not less than 24 inches by 36 inches. All scuttles shall be covered on the outside with metal, and shall be provided with stairs or stationary ladders leading thereto and easily accessible to all tenants of the building. No scuttle shall be located in a room, but all scuttles shall be located in the ceil ing of the public hall on the top floor, and access through the scuttle to the roof shall be direct and uninterrupted. If located in a closet, said closet shall open from the public hall, and the door to it shall be permanently removed, or shall be fastened only by movable bolts or hooks without key locks. When deemed necessary by the building department, scuttles shall be hinged so as to readily open. Every bulkhead in a tenement house shall have stairs with a guide or hand rail leading to the roof, and such stairs shall be kept free from incumbrance at all times. No scuttle and no bulkhead door shall at any time be locked with a key, but either may be fastened on the inside by movable bolts or hooks. All key locks on scuttles and on bulkhead doors shall be removed.

CHAPTER VI.-REQUIREMENTS AND REMEDIES.

SEC. 87. Permit to commence building.-Before the construction or alteration of a tenement house or dwelling house, or the alteration or conversion of a building for use as a tenement house or dwelling house, or any improvement involving structural changes in any tenement house or dwelling house is commenced, and before the construction or alteration of any building or structure on the same lot with a tenement house or dwelling house, the owner, or his agent or architect, shall submit to the building department a detailed statement in writing, setting forth the specifications for such house or building, upon blanks or forms to be furnished by such department, and also full and complete indelible copies of the plans for such work, together with a plan of the lot on which the same is or is to be situated, showing the location, character, and size of all buildings thereon, and the exact dimensions of said lot, together with its legal description: Provided, That the plans and specifications for a dwelling house costing less than $2,000 need be only such as will advise the building department of the character of the proposed building, the sufficiency of such plans and specifications to be determined by said building department. Such statement shall give in full the name and residence, by street and number, of the owner or owners of such house or building. If such construction, alteration, conversion, or improvement 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 tenement house or dwelling house, either as owner, lessee, or in any representative capacity. In case any part of a court appurtenant to the proposed building is to be on lands not owned by the owner of such building, a copy of the easement herein before provided for, duly certified by the register of deeds, shall be filed with such statement. Such statement and all matters required to be filed therewith, as herein provided, shall be verified by the affidavit of the person making the same.

The statements and affidavits herein provided for may be made by the owner or by his agent. No person, however, shall be recognized as the agent of the owner unless he shall file with the said department a written instrument, signed by such owner, wherein said owner designates said person as his agent and agrees to be bound

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by and be responsible for the statements and acts of said agent. Such specifications, plans, and statements shall be first submitted to the health commissioner for his approval. If he finds that same comply with all the provisions for lighting, ventilation, and sanitation as required by the terms of this ordinance and with other health regulations of the city, he shall approve same in writing and transmit them to the building inspector; otherwise he shall refuse to approve same and return them to the person submitting them. After said specifications, plans, and statements have been approved by the health commissioner and by him transmitted to the building inspector, said building inspector shall cause all such plans and specifications to be examined. If such plans and specifications conform to all the provisions of this ordinance and all other ordinances relating to buildings, they shall be approved by the building department and a permit issued as provided by the ordinance relating to buildings, and the plans, specifications, and statements shall be filed in the office of the building inspector and be retained as part of its permanent records. No plans or specifications shall be approved by the building inspector which have not first been approved by the health commissioner as herein provided. But such approval by the health commissioner shall be only a recommendation to the building inspector and shall not require him to approve said plans or specifications in any respect. The health commissioner and building inspector may, from time to time, approve changes in any plans and specifications previously approved by them, provided the plans and specifications when so changed shall be in conformity with the law and ordinances. The construction, alteration, conversion, or improvement of such tenement house or dwelling house, building, or structure or any part thereof shall not be commenced until after the filing of such specifications, plans, and statements, and the issuance of the permit as herein provided. The construction, alteration, conversion, or improvement of such house, building, or structure shall be in accordance with such approved specifications and plans. Any permit or approval which may be issued by the building department, but under which no work has been done above the foundation walls within three months from the time of the issuance of such permit or approval, shall expire by limitation, but may be renewed without cost for a further period of three months. Such permit shall be subject to revocation, as provided in said ordinances relating to buildings. When a plan of the lot for any tenement house or dwelling house has been furnished to the building inspector, as herein provided, no part of such lot shall ever afterwards be included in the plan of any other lot so furnished to the building inspector unless the remainder left of the original lot be sufficient to conform to all the requirements of sections 7 and 9 of this ordinance. And no part of any lot of which the plan has been furnished to the building inspector, as herein provided, shall ever be built upon otherwise than as shown by such original plan, except so that the remainder of the lot not covered by such later building or buildings shall always be sufficient to conform to all the requirements of sections 7 and 9 of this ordinance.

SEC. 88. Certificate of compliance.-No building hereafter constructed as or altered into a tenement house or dwelling house shall be occupied in whole or in part for human habitation until the issuance by the building inspector of a certificate countersigned by the health commissioner that said building conforms in all respects to the requirements of this ordinance. Such certificates shall be issued within 10 days after written application therefor, if said building at the date of such applications shall be entitled thereto.

SEC. 89. Unlawful occupation. When any tenement house or dwelling house, or the lot on which it is situated, or any building on the same lot therewith, fails to comply with any of the provisions of this ordinance as to its erection, alteration, maintenance, and improvement, such tenement house or dwelling house shall not be used for human habitation, and any person who shall occupy, or who shall permit or cause any person to occupy, any house, or any part thereof, in violation of any of the provisions hereof,

or while such house, lot, or building, or any part thereof, remains in violation of this ordinance, shall be deemed guilty of a violation of this ordinance, and every day's continuance of such violation shall be deemed a separate offense.

SEC. 90. Penalties for violation.-Any owner, agent, manager, tenant, lessee, or occupant of any tenement house or dwelling house, or any architect, builder, or foreman violating, disobeying, neglecting, or refusing to comply with any of the provisions of this ordinance, shall, upon conviction thereof, be fined not more than $100, or be imprisoned for a period not exceeding 85 days.

SEC. 91. Registry of owner's name.-Every owner of a tenement house and every lessee of the whole house, or other person having control of a tenement house, shall, within three months after the passage of this ordinance, file in the health department a notice containing his name and address, and also a description of the property, by street number and by legal description, giving the number of the lot and block, in such manner as will enable the said department easily to find the same; and also the number of apartments in each house, the number of rooms in each apartment, and the number of families occupying the apartments; and the failure to file such notice shall be deemed a misdemeanor and be punishable as provided in section 90 of this ordi

nance.

SEC. 92. Registry of agent's name.-Every owner or lessee of a tenement house or dwelling house shall file in the department of health a notice containing his own name and address or the name and address of an agent of such house, for the purpose of receiving service of notice or other process, and also a description of the property by street number in such manner as will enable the department of health easily to find the same.

SEC. 93. Service of notice and orders.-Every notice or order in relation to a tenement house or dwelling house shall be served five days before the time for doing the thing in relation to which it shall have been issued. Such service shall be upon the person, if any, whose name has been filed with the department of health in accordance with the provisions of section 92 of this ordinance, and if no such name has been filed, then such service shall be upon the owner, agent, or other person or persons having control of such tenement house.

SEC. 94. Enforcement.--The health commissioner is hereby charged with the enforcement of all the provisions of Chapter IV of this ordinance relative to the maintenance of tenement houses and dwelling houses and with the preliminary examination of plans for the construction or alteration of tenement houses or dwelling houses or the alteration or conversion of buildings for use as tenement houses or dwelling houses, with a view to certifying to the building inspector as to the lighting, ventilation, or sanitation of such houses. The building inspector is hereby charged with the enforcement of all of the provisions of this ordinance except those contained in Chapter IV thereof. The health commissioner shall cause periodic inspection to be made of all tenement and dwelling houses to ascertain whether any violations of this ordinance are being committed as to lighting, ventilation, overcrowding, and sanitation; and shall cause prosecutions of all violations to be instituted. He shall cause every tenement house to be so inspected at least once in every three months. Each of said departments shall keep and preserve as to each such building a complete and permanent record of all inspections, permits, and orders issued pursuant to this ordinance. SEC. 95. Exception.-In case of a building which is hereafter erected or is altered or remodeled to be a tenement house or dwelling house within the fire limits of the city of Duluth and of which 75 per cent of the first story is devoted or to be devoted exclusively to business purposes none of the provisions of this ordinance shall apply to the first story of such house: Provided, That the following chapters and sections shall apply to the house as a whole: Chapter I, sections 8, 20, 21, 22, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 42, 49, 50, 52, 53, 54, 55, 56, 57, 59, 66, 70, 71, 72, 73. 75, 76, and 86, and Chapter VI: Provided further, That the remaining sections