P. L. 52. the city of Philadelphia, the district of Southwark, the townships of the Northern 29 Jan. 1818 § 22. Liberties, Moyamensing and Penn, who shall be afflicted with any pestilential or contagious disease (the measles excepted), may, upon the advice and order of the port physician, or any other physician or person authorized by the board of health to grant such order, be removed by the health officer, and such assistance as he shall for that purpose employ, to the said hospital, or to such other place as the physician or board of health shall approve, if the person afflicted with any contagious or pestilential disease cannot be properly and sufficiently attended at home, there to be lodged, nursed and maintained, and kept until duly discharged by a permit in writing, signed by a physician of the said public hospital :(i) Provided Expenses. always, nevertheless, That each and every patient, and his and her estate, real and personal, shall be liable to pay, satisfy and reimburse all the charges and expenses on his or her account incurred in the said public hospital, unless the board of health award that he or she shall be exonerated and exempted therefrom. P. L. 172. 148. Whenever, in the judgment of the board of health, any person afflicted 20 March 1852 § 5. with any contagious or infectious disease, and received for treatment in their hospital, shall be unable to pay the expenses of his attendance and treatment there, Payment of exit shall be the duty of the guardians for the relief and employment of the poor of penses. the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn, to repay to the board of health all the expenses incurred in and about the attendance and treatment of such person, according to the rates to be fixed by said board of health, and in case of his or her death, to repay also the cost of interment: Provided, That the charge for board and attendance shall not in any case exceed the rate of three dollars per week. (8.) Penalties. 149. Every person practising physic in the city, districts and townships aforesaid, 29 Jan. 1818 § 25. who shall have a patient laboring under a pestilential or contagious disease P. L. 52. (measles excepted), shall forthwith make a report in writing to the health officer, Physicians to reand for neglecting so to do he shall be considered guilty of a misdemeanor, and port contagious subject to a fine not exceeding fifty dollars. cases. 150. If any person shall wilfully and knowingly obstruct or resist the board of Ibid. § 28. health, or any of the members thereof, or any person by them appointed, in the Obstructing the execution of the powers to them given, or in performance of duties enjoined on board. them by this act, and the rules and regulations of the said board, such person shall, on being thereof legally convicted, forfeit and pay a sum not exceeding five hundred dollars, to be recovered and appropriated as is hereinafter directed. Ibid. 151. If after the expiration of the quarantine, any mariner or other person who shall have complied with the regulations hereby established, shall commit any Assaulting the violence on the person of a member of the board of health, or any of the officers board or its attached to the same, for anything done in the execution of his duty, such person officers. shall be subject, on conviction thereof, to a fine of two hundred dollars, and shall also be sentenced to imprisonment at hard labor for any term not exceeding three years. P. L. 125. 152. No practising physician, or other person or persons, shall be allowed to 29 March 1824 § 2. communicate the infection of smallpox, by inoculation or otherwise, within the jurisdiction of the board of health, unless by special permission of said board, and Inoculation of any practising physician, or other person or persons so transgressing, shall be liable small-pox prohibited. to a penalty not exceeding one hundred dollars, nor less than seventy, for each person so inoculated or infected as aforesaid, to be recovered and appropriated as directed by the act to which this is a supplement. P. L. 198. 153. It shall be the duty of all persons who may pursue or practise midwifery in 27 March 1819 § 2. the city of Philadelphia, in the incorporated part of the Northern Liberties, in the township of Penn, and the districts of Southwark and Moyamensing, between the Midwives to regisfirst day of March and the first day of April, annually, hereafter, to leave their ter. names in writing, and the places of their residence, at the office of the board of health. And when so left it shall be the duty of the clerk to receive and enter the Registry of births. same alphabetically in a book to be kept for that purpose, which shall be open at all times during office hours to persons desirous to inspect the same. And all per- Return. (i) The power of the board of health does not extend to the removal of tenants, and the closing up of their houses, unless justified by the existence of a pestilential disease. Eddy v. Board of Health, 10 Phila. 94. (k) See act 8 March 1860, § 6, P. L. 132. P. L. 198. 27 March 1819 § 2. act, shall forfeit and pay for each offence the sum of twenty dollars, to be recovered in the manner and for the uses prescribed in "an act for establishing a health office, and to secure the city and port of Philadelphia from the introduction of pestilential and contagious diseases, and for other purposes." 8 March 1860 § 8. P. L. 182. physicians, mid wives, under 154. Every clergyman, and every magistrate, and every clerk or keeper of the records of all religious societies, and every practising physician, and every person pracClergymen, magis- tising midwifery in the city aforesaid, and every undertaker and superintendent or trates, clerks, sexton of any cemetery or burying-ground in the city of Philadelphia, who shall neglect or refuse to leave his or her name and place of residence at the health office takers and sextons as herein provided, and who shall refuse or neglect to perform any other of the to leave name and duties required as aforesaid, shall forfeit and pay for each offence the sum of ten dollars, to be recovered in the manner and for the uses prescribed in an act entitled "An act for establishing a health office, and to secure the city and port of Philadelphia from the introduction of pestilential and contagious diseases, and for other purposes." address with board. 2 April 1821 § 5. P. L. 212. Storage of vegetables. 29 Jan. 1818 § 29. P. L. 52. Suits for forfeit 155. Between the first day of June and the first day of October, no person or persons shall, under the penalty of fifty dollars, to be recovered and appropriated as is directed by the act to which this is a supplement, be permitted to store or keep in any one house, store, cellar or other enclosure, a greater quantity than one hundred bushels of vegetables, which are in themselves of a perishable nature, without a permit from the board of health, which permit shall be granted for a limited time therein expressed, and may be renewed from time to time, by the board of health. 156. For payment and satisfaction of all forfeitures and penalties which are imposed by this act, and all sums of money directed by this act to be paid, it shall be the duty of the health officer to sue and prosecute, and the same to collect, recover ures and penalties. and receive, and the same shall be recoverable before any alderman, justice of the peace, or court of justice having lawful jurisdiction, to the amount of such forfeitures, penalties and sums of money respectively, or in the case, or upon the offence upon which the proceeding shall be had, and the same when recovered and received, shall be appropriated, and shall inure to the use of the institution under the management and direction of the board of health. And no citizen or inhabitant of the city of Philadelphia, the district of Southwark, or the townships of the Northern Liberties, Moyamensing or Penn, shall be disqualified from sitting as judges or jurors, or from giving testimony respecting any of the offences mentioned in this act, by reason of his, her or their common interest in the appropriation of the sum or penalties imposed for such offence, nor shall any member of the board of health, or any officer entrusted with the execution of this act, or any part thereof, be disqualified from giving testimony respecting any of the said offences. And the said members of the board of health shall, during their continuance in office, be exempted from the duties of jurors, and from militia duty. Ibid. § 81. Limitation. Pleading. Liability. 3 Feb. 1848 § 2. P. L. 18. Recovery by indictment. 7 April 1859 § 8. P. L. 403. 157. All actions or prosecutions to be commenced against any master, captain, owner or consignee of any ship or vessel, or other person, by virtue of this act, shall be brought within twelve months next after the commission of the offence wherewith he is charged, and if any action or suit shall be commenced against any person or persons, for any matter or thing committed in violation of this act, the defendant or defendants may plead the general issue, and give this act and special matter in evidence, at any trial to be had thereupon. And for the payment and satisfaction of all forfeitures and penalties which are imposed, and all sums of money directed by this act to be paid by the masters, captains, owners or consignees, as well the ships or vessels respectively, as the captains, masters, owner or consignees thereof, shall be and are hereby declared liable. 158. Whenever any penalty given by law to the board of health is not fixed and definite in amount, but varies at the discretion of the court, the same shall in such cases be collected and recovered only by indictment.(1) 159. Upon conviction, in any court of criminal jurisdiction, of any member or members of said *** board of health of any wilful misapplication of the funds or property of the said board, or funds or property of the said city of Philadelphia, funds by member or of any fraudulent and corrupt official act, he or they so offending, and convicted, Misapplication of of board. 8 June 1893 § 1. P. L. 360. shall be sentenced to pay a fine of not less than one hundred, nor more than one thousand dollars, and undergo an imprisonment in the county prison for a term not exceeding one year, at the discretion of the court. X. Bureau of building inspection. (1.) Of the bureau. 160. There shall be in the cities of the first class, a bureau of building inspection (1) The act of 30 June 1885, P. L. 250, supra, making it a misdemeanor not to comply with the rules of the board in relation to the registration of master plumbers, house drainage and cesspools was held to be constitutional by the court of quarter sessions of Philadelphia county, Arnold, J., in the case of Commonwealth v. Lambrecht, Q. S. of Philadelphia, 6 May 1887, which was an indictment for carrying on the business of plumbing without first being registered. The indictment was, however, held defective in not stating that the defendant was a master plumber. attached to the department of public safety, and under the supervision and control of the director of public safety. 8 June 1893 § 1. P. L. 860. Bureau of building inspection estab 161. The chief officer of said bureau shall be called the chief of the bureau of building inspection, and shall be either a practical builder, civil engineer, brick- lished. layer or carpenter; the other officers of the said bureau shall consist of such num- Ibid. § 2. ber of inspectors, (m) clerks and messengers as the city councils may, from time to Chief of bureau. time, by ordinance, determine. All of said officers shall be appointed by the direc- Officers of bureau. tor of public safety. All of the inspectors shall be either practical builders, civil engineers, carpenters or bricklayers, but shall not all be of the same occupation. Requirements for None of the aforesaid officers shall be employed or engaged in any other business or be interested in any contract for building or furnishing materials to be used for building in the said cities. The city council shall, from time to time, fix their salaries. inspectors. Salaries. Ibid. § 3. 162. In case of the temporary absence or disability of the chief of the bureau, the director of public safety may appoint one of the inspectors as his deputy, and When deputy shall such deputy shall, during such absence or disability, exercise all the powers of the have power of chief of the bureau. The clerk of the bureau shall, under the direction of the chief, chief of bureau. keep a record of the business of the said bureau and perform such other duties as Clerk to keep shall be imposed on him by the chief. record. P. L. 22. and recorded. execute a bond to 163. Every such inspector, before he enters upon the duties of his office, shall be 18 April 1893 § 2. required to make and subscribe before some person authorized by law to administer the same, the following oath or affirmation: I do solemnly and sincerely swear or Oath of inspector. affirm (as the case may be), that I am duly qualified, as required by section first, to act as an inspector of buildings, and that I will faithfully, impartially and truly execute and perform the duties of an inspector of buildings in the city of Philadelphia, and see that the buildings inspected by me are built as required by the laws of this commonwealth, according to the best of my judgment and abilities. Which said oath or affirmation shall be reduced to writing and filed in the office of Oath shall be filed the prothonotary of the court of common pleas of said city and county, and shall. be entered on the record in said office; every such person shall, moreover, before Inspector shall entering on the duties of his office, execute a bond to the commonwealth in the sum the commonof five thousand dollars with one or more sureties to be approved by the said court, wealth. or by two of the judges thereof in vacation, conditioned for the faithful performance of the duties imposed upon him by law, which bond shall be for the use of Conditions of any and all persons who may be aggrieved by the acts or neglect of such inspector; and the bond hereinbefore provided for, conditioned for the faithful performance of his duties, shall be cancelled and marked satisfied of record by the city solicitor, When bond shall upon the request of the director of public safety, who shall first certify that the accounts of such inspector are correct and that there is no default, and no claim has come to his knowledge from or on behalf of any person or persons alleged to have been aggrieved by the acts or neglect of such inspector.(n) bond. be cancelled. 7 May 1855 § 3. P. L. 464. Ibid. § 4. City to be divided 164. The inspectors shall keep an office as nearly central as may be (notice of which shall be given by advertisement in three daily newspapers, not less than three times), where shall be filed all applications for permits, and where notices Office to be central. may be left requiring the inspector of the proper district to visit and inspect any building which may be in progress of erection or construction; and if such inspector shall fail or neglect to attend within thirty-six hours after notice left for that purpose, he shall forfeit and pay to the owner or owners, contractor or contractors, the sum of twenty dollars for each and every day he shall so fail or neglect to attend beyond the thirty-six hours aforesaid, which said penalty shall be recoverable in any action of debt before any alderman or justice of the peace of said city. 165. The inspectors, as soon as may be after their appointment, shall meet and divide the city into districts, as nearly equal as may be (excluding therefrom the rural portions of said city), and to each of the said inspectors shall be allotted one into districts. of the said districts, and he shall visit and inspect, as provided for in the fifth section, all the houses or buildings in progress of erection, construction, or alteration in his district; they shall have power to appoint one or more deputies, to assist them in the performance of their duties, and the same to remove at pleasure, who shall possess the like qualifications and take and subscribe the like oath or affirmation to perform the duties of deputy inspector as are prescribed in the first and second sections of this act, in relation to the inspectors, which shall in like manner be filed in said court, and entered on the records thereof; the said deputy or deputies shall be paid by the inspector for whom they shall officiate, and shall be accountable to him for the faithful discharge of his or their duties; and said inspector shall be responsible for his or their acts, in the same manner as if done by him personally. P. L. 590. 166. In settlement of their accounts the said inspectors shall file in the court of 20 May 1857 § 1. common pleas of said city, on the first day of June annually hereafter, a full statement(o) of their receipts and expenditures, which accounts shall be audited by Annual statement. (m) The act 1 June 1885, art. 3, § 1, P. L. 42, provided for three inspectors, and the act 22 April 1889, § 1, P. L. 40, provided for seven. (n) This is an amendment of the act 7 May 1855, § 2, P. L. 464. (0) The building inspectors are entitled to an P. L. 590. 20 May 1857 § 1. said court, and on their order, the balance, if any, found to be in the nands of said inspectors, shall be by them paid into the city treasury for the use of the said city; and all acts or parts of acts inconsistent with or contrary to the provisions of this act, be and the same are hereby repealed. 5 April 1862 § 1. P. L. 271. Deficit in receipts. 7 May 1855 § 6. P. L. 466. Fees. 167. Whenever the said inspectors, in settlement of their accounts pursuant to said last act herein above mentioned, may or shall have filed a full statement of their receipts and expenditures for any year, and such account, after having been duly audited and found correct, shows that the amount of all their receipts, as such building inspectors, is less than the amount of their salaries, together with the clerk hire and all other necessary expenditures during said year, it shall be the duty of the city of Philadelphia to pay to said building inspectors the amount of such deficit so appearing by said accounts. (2.) Building permits. 168. When any person or persons (p) shall be desirous of erecting, constructing or altering any house or building, he or they shall make application at the office of Permit for building the inspector of buildings for a permit for that purpose, and he or they shall be or altering to be required to furnish a written statement of the proposed location, the dimensions obtained. and manner of construction of the proposed building or edifice, together with the different stories and the cornice, and the materials to be used in such house or building; and in addition to any fee or fees he or they now or may be hereafter required to pay, he or they shall pay for such permit the sum of [two] dollars for the inspection of each or any building not exceeding thirty feet in height and eighteen feet in width, nor covering more than sixteen hundred square feet of ground; the sum of [three dollars and thirty-five cents] for the inspection of each or any building over eighteen feet in width, not exceeding thirty feet in height, nor covering more than two thousand square feet of ground; and the further sum .of [seventy cents] in addition for each story above thirty feet in height;(9) and the like sum for each additional one thousand square feet of ground covered by such house or building; which said sum or sums, and all other fees received by them, shall be paid by the inspectors into the city treasury monthly; and the said inspectors shall be paid an annual salary of [$2000] each.(r) 169. If any person or persons, whether owner or owners, contractor or contractors, shall erect, construct, build or alter, so as to make it substantially a new building, any house or building within said city as hereinbefore designated, without first obtaining a permit from the office of the inspectors of buildings, shall forfeit and pay the sum of [fifty dollars] for each and every offence; and if any person or persons as aforesaid shall proceed to complete any such building, without having the same inspected as required, or shall fail or neglect to have the walls thereof built or constructed of the thickness required by, or otherwise fail to comply with, the provisions of this act, he or they so offending shall forfeit and pay the sum of [fifty dollars] for each and every offence, and the further sum of [fifty dollars] (s) for each and every calendar month that the said house or building shall be suffered to remain without the necessary inspection, and the procuring the proper certificate; which said several sums shall be recoverable as debts are now by law recoverable.(t) 170. If, upon any inspection, it shall appear to the inspector, or his deputy, that such house or building is being erected or constructed in violation of any of the provisions of this act, the inspector shall forthwith notify the owner or owners, contractor or contractors, of such violation;(u) a notice thereof being given to any person employed on such house or building shall, in all cases, be taken and deemed sufficient; and if, after such notice, the said parties, or either or any of them, shall proceed in the said erection or construction of such house or building, on petition, an affidavit of the facts having first been filed by the inspector, setting forth the said violation particularly, it shall and may be lawful for the court of common pleas, or one of the judges thereof in vacation, to forthwith issue an injunction restraining such person or persons from the further progress of said work, until the facts of the case shall have been investigated and determined; and if it shall appear to the said court, upon such investigation, that such house or building is not, in all respects, conformable to the provisions of this act, in addition to the penalty hereinbefore designated, said court shall issue an injunction to restrain the allowance for necessary expenditures; but they have no power to appropriate to themselves a gross sum; they must render a detailed account. Building Inspectors' Accounts, 12 Phila. 226. All fees are now payable to the city treasurer, under the act 1 June 1885. (p) The gas trustees must take out a building permit. War. Op. 1884, 78. (9) These fees and penalties are inserted as given by act 11 April 1856, P. L. 319. (r) So fixed by ordinance, under the provisions of the act 1 June 1885. (s) These fees and penalties are inserted as given by act 11 April 1856, P. L. 319. (t) The penalty imposed by the statute for erecting a building without a permit is incurred as soon as the work is begun. Philadelphia v. Coulston, 36 L. I. 285. (u) Where building inspectors direct a change in a building operation, it becomes the duty of the owner, in completing his building, to see that the change is made, and to pay for extra work caused thereby. Cunningham v. Fourth Baptist Church, 34 W. N. Č. 60. continuance and to remove so much of the said house or building as may be decreed by the court, within such time as the court may appoint.(v) 7 May 1855 § 10. P. L. 468. 8 June 1893 § 5. mits. P. L. 360. 171. The chief of the bureau shall require such plans and specifications of any proposed erections or alterations of buildings as sufficiently set forth and record the intent of the builder to comply with the requirements of this act to be filed with him Plans and specifiand shall grant permits for such erections or alterations when in conformity with the cations required. requirements of this act. He shall not give a permit for the erection of any building Granting of peruntil he has carefully inspected the plans and specifications thereof, ascertained Plans of public that the building has sufficient strength and that the means of ingress and egress buildings. are sufficient. A copy of the plans and specifications of every public building Notice to persons shall be deposited in the office of the bureau. The chief may require any appli- affected by procant for a permit to give notice of the application to any persons whose interests posed work. may be affected by the proposed work. No building shall be hereafter erected or tained in all cases. altered and no work affecting the strength of fire-risk of any wall, structure or Permit to be building in any city of the first class shall be done without a permit from the granted or refused bureau of building inspection, nor except in conformity with the provisions of this within ten days. act; such permit shall be granted or refused within ten days after the application and the submission of the said plans and specifications. Permit to be ob spector. Ibid. 172. Any applicant for a permit from the bureau of building inspectors required by the act, whose application has been refused, or any person who has been ordered by the inspector to incur any expense, may appeal from the decision of the Appeal from ininspector by giving to the inspector notice in writing that he does so appeal. If From order refusthe appeal shall be from an order refusing a permit, it shall be taken within fifteen ing permit. days from the refusal of such permit and not thereafter. If the appeal is from an From order to reorder to take down and remove a dangerous building or structure or a dangerous move a dangerous wall or walls, it shall be taken within three days from the issuing of such order building or wall. and not thereafter. In computing the time within which an appeal may be taken, Computation of if the last day shall fall on Sunday or on a legal holiday, the appeal shall be taken time. on the preceding day. Notice of appeal may be given to the inspector by leav- Notice of appeal. ing the same at the office of the bureau of building inspectors, either with the inspector or with the chief of the bureau or with the clerk. 173. Any person, the value of whose property may be affected by work done or Ibid. to be done under any permit granted by the inspector of buildings, may, within Appeal after perthree days after the issuing of such permit, appeal by giving the inspector notice in mit has been writing that he does so appear. issued. board. 174. All cases in which appeals have been taken as above provided shall be re- Ibid. ferred to the entire corps of building inspectors as a board of appeal. The said Board of appeal. board of appeal shall, after hearing, direct the inspector to issue his permit under Board to direct such conditions, if any, as they may require, or to withhold the same or make such inspector to issue other and further order in the premises as to the board shall seem proper: Pro- or withold permit. rided, That should any party aggrieved object to the decision of the board of Appeal from appeal, he, she or they may further appeal in writing to the director of the department of public safety within three days of the decision of the board of appeals, specifying in such appeal the reasons and ground therefor and accompanying the same by the sum of thirty (30) dollars. The director of the department of public Examining comsafety shall thereupon appoint an examining commission to consist of three disin- mission to be apterested experts, who shall be either master builders, engineers or architects, who appeal. shall, within such time as the said director shall specify, carefully consider the said appeal and make decision thereon. The decision of any two shall be the Pay of commisdecision of the commission. They shall be paid for their services ten (10) dollars sion. each. pointed in case of final. Ibid. mission to be final. 175. The decision of a building inspector, unappealed from, shall be final and conclusive in any subsequent proceeding on the matter in question in court or When decision of otherwise. The decision of the board of building inspectors as a board of appeal, inspector to be in case such decision is not appealed from as above provided, shall be final and conclusive in any subsequent proceeding in court or otherwise. The decision of the ex- When decision of amining commission in case of appeal to such commission shall be final and examining comconclusive when certified to the building inspectors, both upon said building inspectors and upon the court in case any proceedings touching the matter shall be begun in court: Provided, however, That no commission, named in accordance with Commission not to this act, shall have any power or authority to set aside or nullify or alter any of nullify provision of the provisions herein, or order or require any permit to be issued for a building to be constructed otherwise than is herein required. act. 7 May 1855 § 13. P. L. 466. 176. In all cases where any building or engine shall be constructed, altered or continued contrary to any law or ordinance in force in the city of Philadelphia, and the owner shall be resident without the state or beyond the reach of the process of Service upon agent said court, it may be served upon the agent or tenant of the owner, and advertised of non-resident as provided by law in respect to absent owners in proceedings in partition; and owner. thereupon all further proceedings may be had as required by law, for the alteration or removal of such building or engine. 177. In any case of final decision, either of an inspector or of the bureau or of 8 June 1893 § 42. P. L. 360. (v) The penalties as originally fixed were reduced one-half by act 11 April 1856. P. L. 319. |