Buildings

may be regu. lated.

the owners of the bed of the Genesee river, may erect and maintain any markets over the said river, and may let the stalls, rooms and shops in such market; and all such rights as have been acquired by the trustees of the village of Rochester, shall be transferred to, and vested in, the said mayor and common council, who may exercise all the powers and authority given by this section, in respect to any erections made by the trustees of the said village over the Genesee river, by the consent of the owners of the bed thereof.

TITLE VIII.

Of the prevention and extinguishing of fires.

S1. For the purpose of guarding against the calamities of fire, the common council may from time to time, by ordinance, designate such portions and parts of the said city, as they shall think proper, within which no buildings of wood shall be erected, and may regulate and direct the erection of buildings within such portions and parts, and the size and materials thereof, and the size of chimneys therein; and every person who shall violate any such ordinance or regulation, shall forfeit to the mayor and common council of the city, the sum of one hundred dollars. And every building erected contrary to such ordinance, is hereby declared to be a common nuisance, and may be abated and removed as such by the common council. Scuttles and $ 2. The common council may, by ordinance, require the owners and occupants of houses and other buildings, to have scuttles on the roofs of such houses and buildings, and stairs or ladders leading to the same; and whenever any penalty shall have been recovered against the owner or occupant of any house or other building for not complying with such ordinance, the common council may, at the expiration of twenty days after such recovery, cause such scuttles and stairs, or ladders, to be constructed, and may recover the expense thereof, with ten per cent in addition, of the owner or occupant whose duty it was to comply with such ordinance.

stairs.

Fire buckets.

Ashes, chimneys and

$ 3. The common council may, by ordinance, require the inhabitants of the city to provide such and so many fire buckets for each house or tenement therein, within such time as they shall prescribe; and may require such buckets to be produced at every fire.

$ 4. The common council may regulate and direct the stove pipes. constructions of safe deposits for ashes, and may compel the cleaning of chimneys, flues, stove-pipes, and all other conductors of smoke; and upon neglect of the owner or

occupant of any house, tenement or building of any description, having therein any chimneys, flues, stove-pipes, or other conductors of smoke, to clear the same as shall have been directed by any ordinance, the common council may cause the same to be cleaned, and may collect the expense thereof, and ten per cent in addition, from the owner or occupant, whose duty it was to have the same cleaned.

Lights, gun

powder, &c.

Inspection

$5. The common council may regulate the use of lights and candles in livery stables, and other buildings, in which combustible articles may be deposited, and may prescribe the use of lanterns or safety-lamps in such building, and may regulate the transporting, keeping and deposit of gunpowder, or other dangerous or combustible materials, and may prevent or regulate the carrying on of manufactories, dangerous in causing or promoting fires, and may authorize and direct the removal of any hearth, fireplace, stove-pipe, flue, chimney, or any other conductor of smoke, or any apparatus or device in which fire may be used, or to which fire may be applied, that shall be considered dangerous, and liable to cause or promote fires, and generally, may adopt such other regulations for the prevention and suppression of fires as may be necessary. $6. For the purpose of enforcing such regulations, the of lots, common council may authorize any of the officers of the houses, &c. said city, and may appoint persons at all reasonable times, to enter into and examine all dwelling-houses, buildings and tenements of every description, and all lots, yards or enclosures, and to cause such as are dangerous to be put in a safe condition; and may authorize such officers and sons to inspect all hearths, fire-places, stoves, pipes, flues, chimneys, or any other conductor of smoke, or any apparatus or device in which fire may be used, or to which fire may be applied, and remove and make the same safe, at the expense of the owners or occupants of the buildings in which the same may be, and to ascertain the number and condition of fire buckets, and the situation of any building in respect to its exposure to fire, and whether scuttles and ladders thereto have been provided, and generally, with such other powers and duties as the common council shall deem necessary to guard the said city from the calamities of fire.

per

$ 7. The common council may procure, own, build, erect, and keep in repair, such and so many fire-engines, with their hose and other apparatus, engine-houses, ladders, fire-hooks and fire-buckets, and other implements and conveniences for the extinguishing of fires, and to prevent injuries by fires, and such and so many public

Fire engines.

Fire depart

ment.

Rules for the same.

cisterns, wells, reservoirs of water, and engine-houses, as they shall from time to time judge necessary; and may raise annually, a sum not exceeding one thousand and five hundred dollars, to defray the expense thereof, by tax on the real estate within the said city, and the personal property of the inhabitants thereof.

$8. The common council may organize a fire department for the said city, to consist of one chief engineer, two assistant engineers, twice the number of wardens that there are wards in the said city, a proper number of firemen, not exceeding thirty to each engine, such number of hook and ladder men, and such number of tub and hose men as the engineers and fire wardens may at any time recommend. The said firemen, hook and ladder men, and tub and hose men, to be appointed by the said common council, and to hold their appointments during the pleasure of the board. But the fire companies and firemen now existing in the village of Rochester, shall continue until others shall have been appointed in their places by the common council.

S 9. The common council may make rules and regulations for the government of the said engineers, wardens, firemen, hook and ladder men, and tub and hose men; may prescribe their respective duties in cases of fire or alarms of fire; may direct the dresses and badges of authority to be worn by them; may prescribe and regulate the time and manner of their exercise, and may impose reasonable fines for the breach of any such regulations.

Implements $10. The engineers and fire-wardens under the direcfor extinguishing fires. tion of the common council, shall have the custody and general superintendence of the fire-engines, engine-houses, hooks, ladders, hose, public cisterns, and other conveniences for the extinguishment and prevention of fires; and it shall be their duty to see that the same are kept in proper order, and to see that the laws and ordinances relative to the prevention and extinguishment of fires are duly executed, and to make detailed and particular reports of the state of their department, and of the conduct of the firemen, hook and ladder men, and tub and hose men, to the common council at stated periods, to be prescribed by the said council, and to make such reports to the mayor of the said city, whenever required by him; and for any neglect or violation of duty imposed upon them by law, or by the ordinances of the common council, in addition to any penalties that may be imposed, they may be removed from office by the common council, after having had notice of the charges against them, and an opportunity of being heard in their defence.

for highway

11. The said engineers, wardens, firemen, hook and Deduction ladder men, and tub and hose men, during their continuance inbor. in the said offices and appointments, shall respectively be entitled to a deduction of two days in each year from their assessment for highway labor, and shall be exempt from serving in the militia, except in case of war, invasion, or insurrection, and from serving on any jury; and the certificate of the clerk of the said city, dated within two months of the time when the same may be exhibited, stating that any person holds such office or appointment, shall be evidence in all courts and places of such exemption.

firemen.

S 12. Every person who shall have served as a fire- Privileges of man, hook and ladder man, or tub and hose man, in the said city, under the appointment of the common council, for seven years, after he shall have arrived to the age of twenty-one years, shall forever be exempt from serving in the militia, except in case of war, invasion or insurrection, and the certificate of the clerk of the city to such fact, shall be evidence of such exemption in all courts and places.

bells.

S 13. The common council may, by ordinance, direct Ringing of the manner in which the bells in the city shall be tolled or rung in cases of fire or alarms of fire, and may impose penalties for ringing or tolling such bells in such manner at any other time than during a fire or an alarm of fire.

tion for in

S 14. The common council may provide suitable com- Compens pensation for any injury that any fireman, hook and lad- jury. der man, or tub and hose man may receive, either in his person or property, in consequence of his exertions at any

fire.

$ 15. The common council may, by ordinance,

1. Prescribe the duties and power of the engineers and wardens at fires, and in cases of alarms of fire, and may vest in them such powers as shall be deemed necessary to preserve property from being stolen, and to extinguish and prevent fires.

2. Prescribe the powers and duties of the mayor, aldermen and assistants at such fires and in such cases of alarm, but in no case shall the mayor, or any alderman or assistant, control or direct the chief engineer or his assistant during any fire.

3. Provide for the removal and keeping away from such fires, all idle, disorderly, or suspicious persons, and may confer power for that purpose on the engineers, fire-wardens or officers of the city.

Regulations in cases of

Penalty.

Buildings

may be

4. Provide for compelling persons to bring their firebuckets to any place or fire, and to aid in the extinguishment thereof, by forming lines or ranks for the purpose of carrying water, and by all the proper means, and to aid in the preservation, removal and securing of property exposed to danger by such fire.

5. To compel the marshal, constable and watchmen of the city, to be present at such fire, and to perform such duties as the said common council shall prescribe.

$16. Whenever any person shall refuse to obey any lawful order of any engineer, fire-warden, mayor, alderman, or assistant, at any fire, it shall be lawful for the officer giving such order, to arrest, or to direct orally the marshal or constable, watchman or any citizen, to arrest, such person and confine him temporarily in any safe place, until such fire shall be extinguished; and in the same manner such officers, or any of them, may arrest, or direct the arrest and confinement, of any person at such fire, who shall be intoxicated or disorderly.

S17. When any building in the said city shall be on pulled down. fire, it shall be the duty and be lawful for the chief engineer, with the consent of the mayor, or any alderman, or for the mayor with the consent of any alderman, or for any two aldermen, to order and direct such building, or any other building, which they may deem hazardous and likely to communicate fire to other buildings, or any part of such building, to be pulled down and destroyed.

Supply of

water.

S'19. For the purpose of supplying the said city with water for the extinguishment of fires, and for other purposes, the common council may construct aqueducts from the Genesee river, or from any other permanent source, and may lay pipes in the streets and through the land of any person, doing as little damage as may be, and may thereby supply the public cisterns and reservoirs, and also any of the inhabitants of the said city with water, at such rates as may be agreed upon by them and the common council; and if, for such purpose, the common council shall deem it necessary, they may create a stock, to be denominated "the hydraulic stock," not exceeding twenty thousand dollars, in such shares, and bearing such interest, as they may think proper; and may provide for the payment of such interest, and the reimbursement of such stocks by the sums which may be received for the use of such water; and the common council may make all necessary provisions to carry into effect the authority hereby granted them.