Columbia University Libraries Digital Collections: The Real Estate Record

Real estate record and builders' guide: [v. 93, no. 2415: Articles]: June 27, 1914

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REAL . ESTATE AND %) BUILDERS NEW YORK, JUNE 27, 1914 / ■ ..-ru:;: jii!iiii!i:it2si:iiiii?iii.!iifiFiBniii::i!aiiiiiiiiiiiiiiiiiB^^ RELIEF ASKED FROM INSPECTION PLAGUE The State Commission Hears Pleas From Real Estate and Commercial Interests—Injustice of Factory Laws Pointed Out and Changes Asked For. mt ■iiiiiiiiiiiiiiii ill! T'HE Real Estate Board, which is com- 1 posed of the owners or representa¬ tives of seventy-five per cent, of the fac¬ tory buildings in the Borough of Man¬ hattan, has protested to the State Fac¬ tory Investigating Commission against the enactment of labor laws to apply to New York City which affect the con¬ struction or alteration of buildings, or the regulation of the Health and Fire Departments and Building Bureaus. The board advises the immediate re¬ peal of all present labor laws which affect New York City in the foregoing particulars. The board does not feel that the Department of Labor was created to have jurisdiction over these matters, but that they shoufd be regu¬ lated by the City Departments in New York City, which have had j'urisdiction over them for years. This appeal and advice was the em- \ bodiment of the suggestions most often heard at the series of hearings given by the State Commission at City Hall this week. The commission is engaged in "recodifying" the labor laws, among which are included fire prevention and I building laws. A tentative revision has been prepared with the aid of the Legis¬ lature Bill-Drafting Bureau of Columbia University, and copies have been dis¬ tributed. At the outset of the hearings the Lieutenant-Governo'r said: A Promise of Fair Play. "The Factory Commission is interest¬ ed solely in securing safe and sanitary working conditions. 'We desire to ac¬ complish that result with the least pos¬ sible expense and inconvenience to property owners and employers. We, therefore, welcome any suggestion hav¬ ing this end in view. "It is the desire of the commission to recommend to the next session of the Legislature a revision of the Labor Law that will accomplish the purpose for which it was intended, and, at the same time, be fair and reasonable in its ope¬ rations." The Real Estate Board was repre¬ sented by special counsel in the person of George W. Olvany. former Deputy Fire Commissioner. The presentment which he made virtually constitutes the case of all real estate interests against the State. Mr. Olvany early in his re¬ marks reminded Lieutenant-Governor Wagner, who was presiding, and the counsel of the commission, Mr. Elkus. that the Legislature last year passed a home rule bill in order that the people of the cities might have a voice in their internal affairs, and therefore there should be no objection to allowin.g the largest city in the State the right to regulate the construction of its build¬ ings and the matters appertaining there¬ to. He added: "New York City should not be bur¬ dened with the additional expense of that portion of the Labor Department, to say nothing about the annoyance, wliose functions are exactly the same as those of the already existing City De¬ oartments. The only work whi-h can be done by this additional portion cf the department is to cause a needless douMe inspection of buildings and create -i GEORGE W. OLVANY, Special Counsel Real Estate Board. chaotic condition in real estate, because it is impossible to ascertain what the requirements of a buildinp- now are, in view of the many departments having jurisdiction over the same matters. A Plea for Self Government. "We therefore appeal to your com¬ mission, and ask that the recodification of the Labor Laws be drafted to allow New York City to govern itself in all matters over which its departments have had jurisdiction for many years past and thereby relieve its real estate from the terrible yoke of oppression which has been throttling it for some years oast. "Having made our general objection to the present and proposed Labor Law, we wish next to specifically call your at¬ tention to our objections to the pro¬ posed recodification of the Labor Laws, viz: "The term 'factory,' as defined by the present Labor Law, is, in our opinion, entirely too broad and drastic, and un¬ necessarily burdens real property own¬ ers in many particulars. "The object of the Labor Law is to protect persons einployed in factories, but under the present definition of a factory it is necessary to protect per¬ sons who are not employed in factories or mercantile establishments if they are in the same building; for instance, if one person were employed at labor upon the ground floor of an office build¬ ing, ten stories in height, it would be necessary for the owner of that_ build¬ ing to comply with all the provisions of the Labor Law. This is unquestionably unreasonable and absurd. Defining a Factory. "We would suggest that the term 'factory' include any mill, workshop, or ihat part of any buildine used for the employment at manufacturing of fifteen or more persons. And that the term 'factory building' include only that part of any building which is used for a factory. "And that the term 'mercantile estab¬ lishment' include any place where goods, wares or merchandise are of¬ fered for sale at retail, and more than fifteen persons are employed. It seems to us that it is unnecessary to include wholesale mercantile establishments within the provisions of the Labor Law, because the character of employment is generally of a high character and con¬ ditions are vastly different from those which exist in retail mercantile estab¬ lishments. As a general rule wholesale mercantile establishments are places where goods are sold by samples, and the business conducted practically upon the lines of an office. Building Classification. "We are of the opinion that buildings in New York City should be classified in accordance with their construction and occupancy. A buildin!? which is fireproof and which has a small non- hazardous occupancy should not be placed under the same requirements with a fire-trap and a large occupancy. "On page 94, line 21: we ask that the word 'engineers' be inserted after the work 'janitors.' A great many small factories, in cold weather, employ a day and niffht engineer, and it is usual for the night engineer to remain on duty on Sunday. The law requires a licensed engineer in these buildings, and if the engineers employed during the week are not allowed to work on Sunday it would be necessary to employ an ad¬ ditional licensed engineer for Sunday work. It has been the experience of the owners of those buildings that it is im¬ possible to employ a licensed engineer for one day, particularly on a Sunday, and we therefore feel that this exception should be made, so that the prohibition against Sunday work will not apply to engineers." Construction Reforms. Other changes in the tentative code recommended by Mr. Olvany may be summarized as follows: Eliminate the prohibition against hoisting lumber and timber on the out¬ side of buildings, in the same way that steel beams are. The definition of terms relating to the construction of buildings, as contained in sections 180 to 189 inclusive, should be left to local authority. The allowable openings in walls ("page 148) of new buildings is insufficient. The underwriters allow openings of 8 x 10, and such an open¬ ing is required in many buildings for heavy trucking. The allowable distance between two such openings should be twenty instead of forty feet. Section 191. subdivision one, should be made to conform to the law passed this year. For Six-Story Buildings. Make the provision for stairway en¬ closures apply to six instead of five- story buildings, in cities of the first class; and to five-story buildings in other cities. This change is asked for because the Fire Department of New York is amply able to protect a six- story building in case of fire, and be¬ cause additional requirements are there-