1962-PLANNING BOARD CITY of SALEM
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ANNUAL REPORT
of the
PLANNING BOARD
for the
YEAR ENDING DECEMBER 31
1962
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Salem, Maes.
NEWCOMB & GAUSS CO., Printcre
1963
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CITY of SALEM
ANNUAL REPORT
of the
PLANNING BOARD
for the
YEAR ENDING DECEMBER 31
1962
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Salem, Mase.
NEWCOMB & GAUSS CO., P.;..ea,e
1963
I
Report of the Planning Board
To His Honor Francis X. Collins, Mayor of Salem,
and The Honorable City Council:
GENTLEMEN:
On March 8, 1962, the City Council accepted and adopted,
and on March 12th the Mayor approved the Provisions of.
Chapter 41, Sections 81A to 81GG of the General Laws of
the Commonwealth of Massachusetts relating to "Improved
Method of Planning" and Subdivision Control." Under the
provisions of the law the Mayor appointed and the City
Council confirmed the appointment of the members of the
Board then under appointment.
At the direction of the Board, Blair Associates (later
Blair and Stein Associates), who were engaged in preparing
a Master Plan for Salem, drafted Rules and Regulations
governing the sub-division of land which were adopted by
the Planning Board on June 18, 1962, and were recorded, as
required by law, with the Register of Deeds of Essex Coun-
ty, the Recorder of the Land Court, Boston, and the City
Clerk of Salem.
As provided by the law, the Board has considered 29 ap-
plications that the Board endorse plans "Approval under
the Sub-division Law Not Required." The Board has so en-
dorsed 19 plans, has returned 3 plans to the applicants for
further information and subsequently endorsed the plans
when re-submitted, has returned one plan for further in-
formation and subsequently endorsed the plan when resub-
mitted, subject to conditions, has given two applicants leave
2 REPORT OF THE PLANNING BOARD
to withdraw and their own requests and has reserved de-
cision on the plans they have re-submitted, with the appli-
cants waiving the provisions of the law requiring a Plan-
ning Board decision within 14 days, and has endorsed one
plan subject to conditions.
After meetings and conferences with a committee of the
City Council, the Board presented an amending ordinance
which the members considered important and necessary to
clarify and implement the existing Zoning Ordinance. This
amendment, which was submitted to a public hearing as
required by law, made provisions as follows:
The islands within the municipal boundaries of
the City of Salem shall be classed individually and col-
lectively as a Single Residence District, whether such
islands are shown or designated on the Zoning Map or
not.
The establishment of certain lots sizes and front, rear
and side yard space in historical, single residence and
general residence districts; lot sizes being restricted to
not less than 7,000 square feet in the less developed
area of the City, roughly comprising portions of Loring
Avenue and Highland Avenue and adjacent streets and
land; and in the remainder or built-up part of the city
to not less than 5,000 square feet; thus dividing the
city into two lot-size zones.
Restrictions on the erection or relocation of new
structures in the Historical Districts, requiring appro-
priate exterior appearance.
Exclusion of dwellings from Industrial Districts.
Additional authority in certain instances for the
Board of Appeal.
Requirement that plans accompanying petitions for
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REPORT OF THE PLANNING BOARD - 3
amendments to the Zoning Ordinance shall be prepared
by a registered land surveyor.
Change of a single residence district on Swampscott
Road adjacent to an existing business district to an
industrial district extending to an existing industrial
district.
The proposed amendment, accompanied by a plan, was
adopted by the City Council and approved by the Mayor, as
shown in the records of the City Council.
During 1962, Blair and Stein Associates prepared several
reports for the Planning Board in addition to the Subdivi-
sion Regulations. The first report was the Planning Inven-
tory study, which analyzed existing conditions and trends
in Salem. The Consultants projected 1980 population fore-
casts for the city of between 34,350 and 49,600, with 44,900
as their "best estimate."
After several meetings, many interviews and discussions,
Blair and Stein Associates presented the results of its spe-
cial study of the Central Business Ditrict. This report in-
dicated a preliminary plan for the improvement of the down-
town, and emphasized the need for urban renewal. The Con-
sultants had previously recommended the establishment of
a Redevelopment Authority. Further study will be given to
the Central Business District in connection with studies in
1963.
Blair and Stein Associates also reviewed with the Plan-
ning Board studies of the urban renewal potential of Salem
in residential neighborhoods. Their report on this subject
will be published in 1963.
Work has been proceeding on the planning of historic dis-
tricts, major thoroughfares and over-all land use. In 1963,
the Consultants will report on these subjects and on studies
of the waterfront, schools, recreation, utilities, and zoning.
4 REPORT OF THE PLANNING BOARD
It is with deep regret that the Board records the death of
Peter C. Malkowski, a member since 1949. The Mayor has
appointed John B. Hooper to fill Mr. Malkowski's unexpired
term.
Respectfully submitted,
LOUIS E. BAKER, Chairman
JAMES J. MUSE, Clerk
JOHN M. GRAY, JR
JOHN B. HOOPER
RAYMOND F. SWEENEY
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BUILDING CODE and
ZONING ORDINANCE
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SALEM, MASSACHUSETTS
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Reprint from
THE REVISED ORDINANCES
1952
NEW_ COMB st GAUSS CO., Printers
Salem, Massachusetts
1956
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CHAPTER 4
REVISED ORDINANCES
OF
SALEM, MASSACHUSETTS
BUILDING CODE AND ZONING ORDINANCE¢ -
$ 1. Definitions.
$ 2. Purpose of chapter.
$ 3. Application of chapter.
$ 4. Construction of chapter in relation to law of the Commonwealth.
$ 5. Conformity with zoning regulations.
$ 6. Superintendent of public property designated as inspector of build-
ings.
$ 7. Duties generally of inspector of buildings.
$ 8. Building permit-Required; duration.
$ 9. Same-Application.
$ 10. Same-Stamped set of drawings upon issuance.
$ 11. Same-Separate permit for plumbing and electrical work.
$ 12. Same-Approval of variances; authority of inspector to stop work.
$ 13. Same-License; revocation.
$ 14. Board of appeals-Appointment; composition; term, etc.
$ 15. Same-Hearings on appeal from decisions of building inspector.
$ 16. Same-Annual report.
$ 17. Requirements not specifically covered by chapter..
_ $ 18. Equivalent construction and maintenance.
$ 19. Builder's license.
$ 20. Persons performing minor work on own premises.
$ 21. Moving buildings-License.
$ 22. Same-Procedure.
$ 23. Wrecking buildings-License.
$ 24. Same-Procedure.
$ 25. Contents of plans.
$ 26. Plans to bear signature of competent engineer or.architect.
$ 27. Supervision of licensed builder..
$ 28. Classes of buildings-First class.
$ 29. Same-Second class.
$ 30. Same-Mill frame.
$ 31. Same-Ordinary frame.
4. For law of the Commonwealth as to inspection and regulation of
buildings generally, see 4A A. L. M., c. 143, $ 1 et seq.-
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SALEM CITY CODE
§ 32. Same-Third class.
§ 33. Same-Fourth class
§ 34. Same-Fifth class.
§ 35. Same-Sixth class.
§ 36. Same-Miscellaneous.
§ 37. Buildings to be erected to conform to proper class.
§ 38. Inspection of buildings-Generally.
§ 39. Same-Notification of unsafe conditions; failure to comply with
notice.
§ 40. Fire limits-Description.
§ 41. Same-Construction requirements generally.
§ 42. Same-Construction or alteration within ten feet of street line.
§ 43. Same-Moving certain buildings within and without.
§ 44. Excavations.
§ 45. Sustaining power of soil.
§ 46. Foundations generally.
§ 47. Piles.
§ 48. Location on lots of buildings used for human habitation.
§ 49. Height of dwellings in relation to width of street.
§ 50. Rear yards generally.
§ 51. Two dwellings on same lot.
§ 52. Minimum yard sizes to be observed.
§ 53. Light and ventilation for dwellings.
§ 54. Room dimensions for dwellings.
§ 55. Garages.
§ 56. Brick buildings.
§ 57. Specifications for cement and lime mortar; dry walls.
§ 58. Specifications for all brick walls.
§ 59. Minimum thickness of walls above foundation for tenements,
schools, asylums, etc.
§ 60. Minimum thickness of walls above foundation in warehouses.
§ 61. Thickness of walls in relation to height:
§ 62. Dividing walls in buildings of warehouse class; minimum thick-
ness; use in nonfireproof, etc., buildings. f
§ 63. Anchoring front, rear and party walls.
§ 64. Party walls generally-Height, capping, etc.
§ 65. Same-Separating two buildings; doorways.
§ 66. Same-Vertical recesses.
§ 67. Fire and party walls-Construction.
§ 68. Same-Entered by timbers.
§ 69. Piers.
§ 70. Thickness of walls for certain spans.
§ 71. Walls in certain buildings over sixty feet deep.
§ 72. Increasing the thickness of certain walls. -
§ 73. Size and support of lintels. -
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BUILDING CODE
$ 74. Timbers prohibited in certain walls; wooden lintels prohibited;
covering for structural metals.
§ 75. Sprinkler system required for certain buildings.
$ 76. Notification of inspector as to alterations and changes in heating
facilities.
$ 77. Protection of woodwork from hot air pipes, etc.
$ 78. Means of egress from buildings generally.
§ 79. Ash receptacles.
§ 80. Chimneys-Construction generally; flues, hearths and fireplaces.
§ 81. Same-Funnel receivers; ash doors; unsafe conditions, etc.
§ 81A. Flues and Vents for heat-producing appliances.
§ 82. Protection of stairways in third class buildings.
§ 83. Bay windows in first or second class buildings.
§ 84. Fireproofing of certain openings and portions of manufacturing,
etc., buildings.
§ 85. Fireproofing window openings in certain buildings.
§ 86. Fireproofing interior of certain buildings required.
§ 87. Fire stops between furring and studding.
§ 88. Fire stops between floor beams and stair stringers.
§ 89. Fireproofing vertical shafts and openings into shafts.
§ 90. Protection of heating apparatus against spread of fire.
§ 91. Maximum floor areas; openings in floors.
$ 92. Determination of size and strength of material.
§ 93. Support of roof and floor timbers.
§ 94. Construction of floors and stairs so as to sustain specified live loads.
$ 95. Roof coverings and gutters.
§ 96. Wooden construction above roofs prohibited; exception.
§ 97. Dormer windows.
§ 98. Skylight frames and scuttle windows.
$ 99. Door and window finish; porch and piazza roofs.
§ 100. Roof water conductors required for certain buildings.
§ 101. Snow protection for certain buildings.
§ 102. Projections of buildings over street lines prohibited; exception.
§ 103. Alteration of frame buildings generally; increasing height of ma-
sonry buildings.
§ 104. Rebuilding buildings damaged in excess of fifty per cent.
§ 105. Erection of iron furnaces, steam engines, etc.
§ 106. Shut-offs
$ 107. Construction of buildings used for picking, sorting, etc., of rags
i and paper.
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§ 108. Additional requirements for buildings.
§ 109. Occupation of streets .for building purposes-Permit required.
§ 110. Same-Erection of barriers and lights.
$ 111. Same-Malicious or wanton extinguishment of lights.
§ 112. Same-Provisions for safe passage by public.
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SALEM CITY CODE
Sec. 1. Definitions.
In this chapter, the following terms shall have the meanings
respectively assigned to them as follows:
Alteration. Means any change or addition other than repairs.
Apartment. Means a room, or a suite of two or more rooms,
with cooking facilities provided, occupied as the home or residence
of a family living independently of other occupants of the building.
A family may consist of one or more persons.
Apartment house. Is a building intended or designed for, or
used as, the home or residence of three or more families, living in-
dependently of each other and in which cooking is done in the
various apartments.
Approved. Any,material or device accepted by the inspector of
buildings as suitable for use under the provisions of this chapter.
Area. The area of a building is the ground area occupied by
the building.
Basement. Is a story partly underground but having at least
sixty per cent of its height above the curb level or sixty per cent
of its height above the highest level of the adjoining ground. A
basement shall be counted as a story.
Builder. A builder licensed in accordance with the provisions
of this chapter.
Cellar. Is a story having more than forty per cent of its height
below the curb level or below the level of the adjoining ground.
A cellar shall not be counted as a story for purposes of height
measurements. j
Common hallway. A hallway, corridor or passageway not with-
in the exclusive control of one family or one tenant in a building.
Curb level. The "curb level" is the level of the established curb
in front of the building measured opposite the center of such front.
Where no curb level has been established the city engineer shall
establish such curb level for the purposes of this chapter.
Dead load. The weight of the structure itself and the weight of
any permanent fixtures which are carried by the structure. It is
a fixed load which remains in position during the life of the struc-
ture and acts in a vertical directon.
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BUILDING CODE
Dwelling. A building occupied or intended to be occupied in
whole or in part as a residence for living or sleeping purposes for
one or more persons.
(a) A single family dwelling is a dwelling arranged to accom-
modate one family only.
(b) A two family dwelling is a dwelling arranged to accom-
modate two families only.
(c) A multiple dwelling is a dwelling arranged to accommodate
more than two families. This class includes tenement houses,
apartment houses, hotels, lodginghouses, boardinghouses, lodgings,
clubhouses, dormitories, convents, private hospitals, furnished room
houses, private asylums, convalescent homes and all other dwellings
similarly occupied whether specifically enumerated herein or not.
Factory. Any premises having accommodations for ten or more
employees where steam, water, electrical or other mechanical power
is used in aid of any manufacturing process there carried on.
Fire door. A metal clad door and its assembly, such as frame,
threshold, trim, hardware, etc., so constructed and assembled in
_ place as to retard the passage of fire.
!� Half story. Is an attic included in the roof, the cubic contents
of which, exclusive of blind attic not exceeding three feet in height
at the highest point is not more than sixty per cent of the cubic
contents of the first story.
' Height. The height of a dwelling is the perpendicular distance
measured in a straight line from the curb level, or from the finished
'i grade line of the lot, where such grade is higher than the curb, to
the average of the height of the gable in the case of pitched roofs,
and to the highest point of the roof beams in the case of flat roofs,
4 except that in the case of flat roofs a parapet exceeding three feet
in height shall be considered a part of the height of the building,
the measurements in all cases to be taken through the center of the
j. front of the house. Where a dwelling is on a corner lot and there
is more than one grade or curb level, the measurement shall be
taken through the center of the front of the street having the lowest
elevation.
Hotel. Means a building in which persons are lodged for hire
and in which there are more than forty rooms, a public dining room
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SALEM CiITY CODE
for the accommodation of at least forty guests and a general kitch-
en.
Inspector. Means the inspector of buildings for the city and his
authorized assistants.
Live load. All loads other than dead loads.
Lodginghouse. Means a building in which more than five per-
sons are accommodated with sleeping rooms for hire, where cooking
is not done in the several rooms.
Person. Means any person, firm or corporation.
Repairs. Means the reconstruction or renewal of any existing
part of a building or its fixtures or appurtenances, by which the
strength or fire risk is affected or changed, and made for the pur-
pose of converting the building in whole or in part into a new one.
Structure. A combination of materials assembled at a fixed lo-
cation to give support or shelter, such as a building, framework,
retaining wall, tent, reviewing stand, platform, bin, fence, sign,
flagpole, mast for radio antenna or the like. The word structure
shall be construed, where the text allows, as though followed by
the words "or part or parts thereof".
tiValls.
(a) Foundation wall means a wall below the adjacent ground
level and serving as support for a wall, pier, column or other struc-
tural part of a building.
(b) Bearing wall means any wall which supports any vertical
load in addition to its own weight.
(c) Curtain wall means an exterior nonbearing wall between
columns or piers.
(d) Nonbearing wall means a wall which supports no load other
than its own weight.
(e) Party wall means a wall used or built in order to be used for
joint service between two buildings.
(f) Exterior wall is any outside wall or vertical enclosure of a
building other than a party wall.
(g) Fire wall is a wall built for the purpose of restricting the
area subject to the spread of fire.
(h) Parapet wall is that portion of a wall which extends above
the roof line.
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BUILDING CODE
Warehouse class. The expression "warehouse class" shall be
taken to mean and include the following buildings: Armories,
garages, churches, conservatories, courthouses, fire stations, jails,
libraries, markets, museums, office buildings, police stations, print-
ing houses, public assembly halls, pumping stations, railroad and
railway buildings, refrigerating houses, slaughterhouses, stores,
stables, warehouses.
Yards. A "rear yard" is an open, unoccupied space on the same
lot with a dwelling, between the side lines of the house and the
extreme rear line of the lot. A "front yard" is an open, unoccupied
space between the front lines of the house and the front line of the
lot. A "side yard" is an open, unoccupied space between the side
line of the house and side line of the lot extending from the street
or front yard to the rear yard. (R. 0. 1929, c. 5, § 22.)
Sec. 2. Purpose of chapter.
For the purpose of promoting and securing the prevention of fire
and the preservation of life,health and public safety, the city coun-
cil hereby regulates the inspection, materials, construction, use and
occupancy, alteration, repair, height, area, location, moving, demo-
lition and maintenance of buildings and structures within the limits
of the city and establishes fire limits as hereinafter provided. (R.
0. 1929, C. 5, § 1.)
Sec. 3. Application of chapter.
The provisions of this chapter shall not apply to buildings and
structures owned by the United States Government, the Common-
wealth, or by any county, nor to.the construction of bridges, quays
or wharves. (R. 0. 1929, c. 5, § 19.)
Sec. 4. Construction of chapter in relation to law of the
Commonwealth.
The provisions of this chapter shall be supplementary to any and
all statutes of the Commonwealth relating to buildings and struc-
tures; provided however that,-unless specifically excepted, where
this chapter is more stringent, it shall control.
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r ALEM CiITY CODE {
Sec:. 5. Conformity with zoning regulations.
The erection, alteration, repair, use and occupancy of all build-
ings or other structures, besides conforming to the provisions of
this chapter shall be subject to the Zoning Ordinance Chapter 31
of this Revision, and all other ordinances of the city not inconsist-
'ent therewith.
Sec. 6. Superintendent of public property designated as
inspector of buildings.
The superintendent of public property shall be the inspector of
buildings, who shall perform the duties set forth in this chapter.
(R. 0. 1929, c. 5, § 2.)
Sec. 7. Duties generally of inspector of buildings.
The inspector of buildings may, subject to the approval of the
,city council, appoint a deputy who shall assist him in the perform-
ance of his duties. He shall also keep a record of the business of
his office, including all violations of the ordinances relating to •
buildings, and shall annually on the first day of January, submit to
the city council a report of his doings during the preceding fiscal
year. The inspector, on being informed by report or otherwise that
a building or other structure or anything attached to or connected
therewith, is unsafe or dangerous to life or limb, shall inspect the
same, and if it appears to him that it is thus dangerous, he shall
forthwith take such action as the laws of the Commonwealth re-
quire. He shall generally perform such duties as may be required
of him by law or ordinance. (R. 0. 1929, c. 5, § 2.) ,
Sec. 8• Building permit—Required; duration.
No building, structure, chimney or foundation of any sort shall
'be erected, constructed, moved, demolished, altered, reroofed, walls
recovered or the building structurally repaired unless the owner or
-the tenant, or the builder, or their agent has secured a written per-
mit therefor from .the inspector of buildings. 'Unless building
operations are begun within ninety days from the date a permit is
issued, such permit shall be void. (R. 0. 1929, c. 5, § 3.)
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BUILDING CODE
Sec. 9. Same—Application.
An application for a permit must be made by the owner, or the
tenant, or the builder, or their agent, upon the regular blanks pro
vided for this purpose by the city, and must be accompanied by two
sets of full working plans and specifications. The application shall.
be filed with the inspector of buildings, who shall forthwith deter-
Ir mine if the work proposed conforms to the provisions of the statutes
of the Commonwealth and the ordinances of the city. (R. 0. 1929,
c. 5, § 4.)
See. 10. Same—..Stamped set of drawings upon issuance.
When a permit for building is issued, the inspector shall stamp;
one set of drawings and deliver the same to the applicant with his
permit. This stamped set of drawings shall be kept on the premises
of the building at all times and shall be open for examination by
the inspector. (R. 0. 1929, c. 5, § 5.)
• Sec. 11. Same—Separate permit for plumbing and electri-
cal work.
A separate permit must be taken out for plumbing, and electrical
work. Permits for such portions of .the work may be applied for
after the building is under way, and shall be granted in the manner
provided by chapters 8 and 18 of this Revision. (R. 0. 1929, c. 5,
§ 6•)
9I Sec. 12. Same—Approval of variances_; authority of inspec-
tor to stop work.
No work shall be constructed at variance with the plans and
building permit without the written approval of the inspector of,
buildings. The inspector shall have the power to stop any work
in the process of being constructed either without a permit or not
in conformity to the permit granted, and to remove or cause the.
removal of the same at the expense of the owner of the property.
(R. 0. 1929, o. 5, § 7.)
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SALEM CITY CODE
Sec. 13• Same—License; revocation.
A building permit shall be a license, any violation of the terms
of.which shall be deemed adequate cause for its immediate revoca-
tion by the inspector. (R. 0. 1929, c. 5, § 8.).
Sec. 14. Board of appeals—Appointment; composition;
term, etc.
The mayor shall appoint, subject to the confirmation of the city
council,the five members of the board of appeals. Such board shall
be constituted in the manner and for the term provided by law.
(R. 0. 1929, C. 5, § 15.)
Sec. 15. Same—Hearings on appeal from decisions of
building inspector.
An applicant for a building permit whose application has been
refused by the inspector may appeal therefrom within thirty days
to the board of appeals. A person who has been ordered by the in-
spector to incur any expense may, within ten days after being noti-
fied of such order, appeal therefrom by giving notice in writing of
his appeal to the inspector. The notice, or certified copy thereof,
shall at once be transmitted by the inspector to the board of appeals.
After notice given to such persons as the board shall order, a hear-
ing shall be held, and the board shall affirm, annul or modify such
refusal or order. The board may dispense with and vary the appli-
cation or enforcement of this chapter and regulations of the city
in cases which do not appear to them to be within the intent of
this chapter, or in cases where a literal interpretation thereof would
result in manifest injustice; provided, that the dispensing decision
shall have the approval of at least four members of the board and
shall not conflict with the spirit of the building laws, or of this
chapter. Such a decision shall specify the variations allowed and
the reasons therefor, and shall be filed in the office of the inspector
within ten days after the hearing. A certified copy thereof shall
be sent by mail or otherwise to the applicant and a copy kept pub-
licly posted in the office of the inspector for two weeks thereafter.
If the order or refusal of the inspector is affirmed, such order or
12
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BUILDING CGDE
refusal shall have full force and effect. If the order or refusal is
modified or annulled, the inspector shall issue a permit in accord-
ance with such decision. (R. 0. 1929, C. 5, § 16.)
Sec. 16. •Same—Annual report.
It shall be the duty of the board of appeals to submit to the
mayor, on or :before the first day of April in each year, a report
giving a summary of all its decisions, together with such recom-
mendations for revision of the building code as may seem to it
advisable. (R. 0. 1929, c. 5, § 17.)
Sec. 17. Requirements not specifically covered by chapter.
Any requirement necessary for the strength or stability of any
existing or proposed building"or structure of any sort, or for the
safety of the occupant, thereof, or for the safety of the public gen-
erally, not specifically covered by this chapter, shall be determined
by the inspector of buildings, subject to appeal. (R. 0. 1929, c. 5,
Sec. 18• Equivalent construction and maintenance.
Methods of construction or maintenance equivalent to those re-
quired by the provisions of this chapter may be allowed with the
written consent of the inspector and the board of appeals and the
same shall in all cases be specified. A record of the required meth-
od and of the equivalent method allowed shall be kept in the office
of such inspector. (R. 0. 1929, c. 5, § 17.)
Sec. 19. Builder's license.
The city council shall issue a builder's license to all builders
found by them to be qualified and competent. All applications for
building licenses shall be submitted to the inspector of buildings
for his recommendations before being acted upon by the city coun-
cil. The fee for all builders licenses hereafter issued shall be the
amount provided for in section 11 of chapter 14 of this Revision
and shall continue in force until revoked by the city council, or in
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SALEM CITY CODE
accordance with the provisions of section 13 of this chapter. (R.
0. 1929, c. 5, § 13.)
Sec. 20. Persons performing minor work on own premises.
The requirements of section 19 of this chapter pertaining to the
requirements for a builder's license shall not apply to persons per-
forming work on their own property; provided the inspector of
buildings determines the work is minor in nature, but .the require-
ments for a builder's license shall apply to all persons in charge of
major construction work and to those who contract for, or other-
wise assume the responsibility of performing construction work for '
others. j
Sec. 21. Moving buildings—License.
The city council shall issue a building movers license to all build-
ing movers found by them to be qualified and competent. All I,
applications for building movers licenses shall be submitted to the
inspector of .buildings for his recommendations before being acted
upon by the city council. The fee for all building movers licenses •
hereafter issued shall be ten dollars and shall continue in force until
revoked by the city council.
Sec. 22. Same—Procedure.
No building shall be moved except by a building mover licensed
j
as required by the preceding section and one who has received a j
permit in accordance with sections 49 et seq. of chapter 28 of this
Revision. Every such building mover must maintain a suitable
foreman at the site during moving operations.
Sec. 23• Wrecking buildings—License.
The city council shall issue a building wreckers license to all
building wrecking contractors found by them to be qualified and
competent. All applications for building wrecker's licenses shall
be submitted to the inspector of buildings for his recommendations
before being acted upon by the city council. The fee for all build-
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BUILDING CODE
ing wrecker's licenses hereafter issued shall be ten dollars and shall
continue in force until revoked by the city council: The require-
ment for a building wrecker's license shall not apply to a property
owner when the owner desires to .tear down a building on his own
property; provided, .the building is not over two stories in height,
at least ten feet from the sidewalk and the demolishing work is
actually performed by the property owner.
Sec. 24. Same—Procedure.
No building or part thereof shall be torn down except by a build-
ing wrecker licensed as required by the preceding section. Every
such building wrecker must at all times maintain a suitable fore-
man at the site during wrecking operations. However, this require-
ment for a building wrecking license shall not be construed to pre-
vent the demolishing of buildings or part thereof by contractors or
others operating under a builder's license when such demolishing
work is in connection with or incidental to new construction work.
• 'A building shall be demolished only by completely removing story
after story, commencing with the top story. No material shall be
allowed to remain upon the floor of any such building, but the
brick, timbers and other structural parts of each story shall be
lowered to the ground upon displacement. If the building to be
demolished is within fifty feet of a public street, or within one
hundred feet of any other building,the material to be removed shall
be properly wet down to lay the dust incidental thereto. When
a building is demolished, the building wrecker shall erect a suitable
fence around the old cellar or basement area as necessary for .the
protection and safety of the public. Such fence shall be main-
tained in proper condition by the owner of the property until such
time as the area is properly filled in.
Sec. 25. Contents of plans.
The plans to be filed with the application for a building permit
as required by section 8 of,this chapter must show the arrangement
of the lot, and in plan, the design of the exterior, the materials of
construction and finish, and in a general way the system of heating
to be used. (R. 0. 1929, e. 5, § 6.)
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SALEM 'CiITY CODE
Sec. 26. Plans to bear signature of competent engineer or
architect.
No plans for the erection or alteration of buildings shall be con-
sidered by the inspector of buildings unless they have been prepared
by and bear the name of an engineer or architect or other person
whom the inspector deems competent.
Sec. 27. Supervision of licensed builder.
No building or structure or part,thereof shall be erected or struc-
turally altered except by or under the direction of a builder licensed
as aforesaid. Every such builder must at all times maintain a
suitable foreman upon the premises during construction and, if
required by.the inspector of :buildings, he must in addition thereto,
at his own expense, supply necessary inspectors, approved by the
inspector of buildings, for the supervision of reinforced concrete
work, caisson work, pile driving or for any other difficult or unusual
construction.
Sec. 28• Classes of buildings—First class. •
A first-class building shall consist of fireproof material through-
out, except that wood may be used only for finished floors, inside
finish, windows and doors, and isolated furring. (R. 0. 1929, c. 5,
§ 24(a)•)
Sec. 29. Same—Second class.
A second-class building shall mean any building not of the first
class, whose external and party walls are constructed of self-sustain-
ing, incombustable material, including cornices and similar appur-
tenances. Interior partitions, floors and roof-framing may be of
wood. A second-class building shall be limited to sixty-five feet
in height. (R. 0. 1929, c. 5, § 24(b).)
Sec. 30. Same—Mill frame.
A mill frame building shall mean any building without hollow or
concealed spaces; having a wood frame covered with suitable board-
16
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BUILDING CODE
Ing and slate or asbestos, metal, or other incombustible material
for exposed surfaces; with roofs of one and three-quarters inch
tongued and grooved planking spiked directly to heavy roof timbers
not less than five and a half inches in the least dimension, covered
with metal or other approved incombustible roof covering; having
solid floors, without unprotected openings, constructed of not less
than two and three-quarters inch spliced, or tongued and grooved
t planking covered with one inch top flooring laid crosswise or diag-
onally, properly nailed and having between .the top flooring and the
planking not less than one thickness of waterproof material care=
fully laid to break joints and flashed at least three inches around
all walls, posts or columns with mouldings or mopboards; in which
the size and spacing of floor timbers is suitable for the load to be
carried, the timbers in no case being less than five and one-half
Einches in the least dimension, and resting on top of girders, or on
stirrups, or on iron or steel plates in the walls, or on iron or steel
caps of columns, with girders resting on iron or steel caps, or col
` umns, or steel plates in the walls, arranged so as to be self-releas-
ing, if entering self-sustaining walls, with columns and posts rest-
ing on metal socket caps and bases with raised lip and center pin
the size and spacing thereof being suitable for the load to be carried,
no wooden column or post being less than seven and one-half inches
in the least dimension, and all columns, girders and beams of wood
being of solid material or of iron or steel. A mill frame building
shall be limited to five stories in height and not less than seven
and one-half feet from lot lines, unless walls within such distances
are constructed of self-sustaining, incombustible material. R. 0.
1929, e. 5, § 24(c).)
Sec. 31. Same—Ordinary frame.
Ordinary frame shall mean any wood frame :building, not in the
mill frame construction class. No ordinary frame building is to
exceed two stories in height except dwellings which may be con-
structed two and one-half stories in height. No new ordinary
frame building is to be constructed and no existing ordinary frame
building is to be altered to provide an apartment above the second
floor.
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SALEM CITY CODE
Sec. 32. Same—Third class.
A third-class building shall mean a residence arranged to accom-
modate more than two families. If not over two and one-half
stories high and accommodating not more than four families, it
may be built with an ordinary frame, :but must have wood stud
partitions between each suite covered on both sides with metal lath '
and hard plaster or other equally incombustible material. If more
than two and ane-half stories in height and accommodating more
than two families, it shall be constructed in the same manner as
provided for second-class buildings and shall have wood stud parti-
tiOD.S between suites and about the stairways, metal-lathed and
hard-plastered on one side, and between every other suite the parti-
tion shall be an unpierced fire wall extending from cellar bottom
to three fleet above the roof and from front to rear of the same
thickness. If the building is more than three stories in height, all
partitions between suites shall be metal-lathed and plastered on j
both sides and all partitions about stairways shall be metal-lathed
and hard-plastered on one side, and all spaces in the partitions 1
between suites and about stairways shall be filled solid with incom-
bustible material.
Sec. 33• Same—Fourth class.
A fourth-class building shall mean a residence arranged to ac-
commodate one or two families, and may be constructed with an
ordinary frame. (R. 0. 1929, c. 5, § 26.)
Sec. 34. Same—Fifth class. j
A fifth-class building shall mean a building used for habitation
and mercantile purposes. If it is arranged to accommodate not
more than one family on the first floor and one family above, and !
is not more than two and one-half stories in height, nor more than
one thousand five hundred feet in area, it may be constructed with {
an ordinary frame. If it is arranged to accommodate more than !,
two families, or is more than two and one-half stories in height or
more than one thousand five hundred feet in area, it shall be of
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BUILDING CODE
either first or second-class construction and not more than four
stories or fifty-four feet in height. (R. 0. 1929, c. 5, § 27.)
Sec. 35. Same—;Sixth class.
A sixth-class building shall mean any structure containing more
than three thousand square feet of ground area or more than two
stories in height, intended for use for manufacturing, storage or
commercial purposes. They must be either first, second or mill
frame class of construction. A building used for manufacturing,
storage or commercial purposes, outside the fire limits, not less than
seven and one-half feet from lot lines, not exceeding two stories,
and not to be more than twenty-five feet in height, and covering
not more than three thousand feet of land, may be built with an
ordinary frame. (R. 0. 1929, c. 5, § 28.)
Sec. 36. Same—Miscellaneous.
Miscellaneous class shall be any structure not classified, such as
sheds, hen-houses, and similar structures, not exceeding one story
or twelve feet in height and covering not more than two hundred
and fifty feet, and may be built under the same requirements and
restrictions as fourth-class buildings. (R. 0. 1929, c. 5, § 29.)
Sec. 37. Buildings to be erected to conform to proper class.
All buildings to be erected must be built in corformity to the
requirements of the particular class to which the buildings belong
as shown by the classification in the following sections. (R. 0.
1929, c. 5, § 23.)
Sec. 38• Inspection of buildings—Generally.
The inspector of buildings is hereby authorized by this chapter
and in accordance with G. L. c. 143 to enter any building, struc-
ture or enclosure or part thereof in the performance of his duty in
the enforcement of the building laws and ordinances, or for the
purpose of ascertaining whether or not a violation exists.
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SALEM CITY CODE
Sec. 39. Same—Notification of unsafe conditions; failure
to comply with notice.
The inspector of buildings shall examine all churches, halls or
other buildings or structures used, or intended to be used tempo-
rarily or permanently for any public or private use, and all school
buildings or school rooms, public or private and buildings used or
intended to be used for manufacturing or commercial purposes, and
if he finds that any building or rooms therein are deficient in prop-
er means of egress in cases of fire or accident, either in number,
width, construction or arrangement of the entrances, aisles, pas-
sageways, or stairways, or by reason of doors opening inward, or
from obstructions placed temporarily or permanently in the aisles,
or passageways, or any other cause whatever arising from the man-
ner of construction, alteration, repair, maintenance or use of the
premises, he shall at once notify,the person for the time,being hav-
ing charge of the premises, and require such person at once to
make the premises safe, and if he refuses or neglects to do so, the
inspector of buildings shall prosecute the offender and take neces-
sary legal action to force compliance with the building code and
other ordinances of the city.
Sec. 40. Fire limits—Description.
The fire limits of the city shall include all that part of the city
enclosed by the following described lines: Beginning at the corner
of Summer and Essex Streets, then running southerly through the
middle of Summer Street to Endicott Street, then easterly through
the middle of Endicott Street to Mill Street, then southerly
through the middle of Mill Street to Washington Street, ,then
southerly through the middle of Washington Street to Harbor
Street, then easterly through the middle of Harbor Street to Con-
gress Street, then northerly through the middle of Congress Street
to Hawthorne Boulevard, then northerly through the middle of
Hawthorne Boulevard and Washington Square West to Brown
Street, then westerly through the middle of Brown Street to Ho-
ward Street, then northerly through the middle of Howard Street n
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BUILDING CODE
to the middle of Bridge Street, then westerly through the middle
of Bridge Street, to North Street, then southerly through the mid-
dle of North Street to Essex Street.
Sec. 41. Same—Construction requirements generally.
No wooden or frame building shall hereafter be erected within
the fire limits. All buildings hereafter erected within the fire limits
shall in all respects conform with the requirements of either first or
second class construction. No building now within the fire limits
may be added to, altered, repaired, raised, re-roofed, enlarged or
built upon unless the new portions shall in all respects conform
with the requirements of either first or second class construction;
provided, however, the external walls of wooden buildings now
within the fire limits may be recovered with a fire resisting material
saltisfactory to the inspector of buildings. If a building now within
the fire limits is altered or remodelled so that the work produces a
practcally new building, or will result in a change in the classifica-
tion of the building, then the whole work shall be made to conform
to .the requirements of this chapter for a new building of a like
class.
Sec. 42. Same—Construction or alteration within ten feet
of street line.
Whenever the inspector receives notice of the intention to erect
any building or alter the external walls of any building within the
fire limits, within.ten feet of the line of any street, he shall forth-
with notify the city council thereof, in order that any enroachment
or other injury to the street may be prevented, and so that steps
may be taken to widen or improve such streets if deemed desirable.
E (R. 0. 1929,c. 5 § 96.)
i
Sec. 43. Same—Moving certain buildings within and with-
out.
No wooden or frame building shall be removed from within or
without the fire limits to any location within such limits, except
with the consent of the city council; and provided further, that the
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SALEM CITY CODE
exterior walls of such building after its removal shall be covered
with a fire resisting material satisfactory to the inspector of build-
ings unless an exception to this requirement is granted by the board
of appeal. d
Sec. 44. Excavations.
All excavations shall be so protected by sheet piling or other suit-
able means, by the person causing the eame to be made, as to pre-
vent the same from becoming dangerous to life or limb. Whenever
an excavation is to be made for any building or other purpose, and
there shall be any wall or structure wholly or partly on the adjoin- j
ing land near the intended excavation, then the party causing such
excavation to be made shall notify the owner of the adjoining
premises of such intended excavation.and also of the depth to which
it is proposed to be made. (R. 0. 1929, c. 5, § 41.)
Sec. 45. Sustaining power of soil.
Where no test of the sustaining power of soil is made, the in-
spector of buildings may order that the.sustaining power of the soil
be tested by and at the expense of the owner of the proposed
structure, by borings, test piles or otherwise; and if so required, i
such borings or other tests shall be conducted in accordance with
the directions of and under the supervision of the inspector of build- 1
ings, and he shall decide upon the sustaining power of the soil.
When no tests are required .the area of footings shall be propor-
tioned so that the load per square foot on the respective soils, ex-
cludings mud, shall not exceed those given in the following table:
s
Type of soil Tons per square, foot
Soft clay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .one
Ordinary clay, and sand . . . . . . . . . . . . . . . . . . . .two
Moderately dry clay and sand . . . . . . . . . . . . . .three
Hard clay and coarse firm sand . . . . . . . . .. . . . .four
Firm coarse sand and gravel . . . . . . . . . ... . ...six
Hardpan . . . . . . . . . . ...... . .. ... . . . . .:. .. .eight
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BUILDING CODE
See. 46. Foundations generally.
(a) Every building shall have suitable foundations of brick,stone,
iron, steel or concrete on solid earth or rock, or upon piles where
solid earth is not found. Any temporary frame building or shed
may rest on a temporary foundation. Foundations shall not be built
in wet soil unless the trenches in which the work is being executed
are kept free from water,if such is possible, until after the comple-
tion of the work upon.the foundations. Foundations of rubble stone
laid in cement mortar will be allowed only under buildings less than
fifty feet in height, and for a depth not exceeding ten feet.
(b) Metal in foundations and all structural metal work under-
ground, or in places exposed to wet or dampness, shall be protected
from corrosion by concrete or other material approved by the in-
spector. All foundations shall extend at least three and one-half
feet below any adjoining surface exposed to frost, unless they rest
on bed rock, they shall reach through loam or fill to undisturbed
natural earth or shall rest on piles. No foundation shall be started
on frozen ground. Column and pier foundations shall be installed
at the same time as wall foundations, and all permanent columns
and piers shall be installed as the work progresses ready to receive
the superstructure. Temporary shores or columns shall not be
allowed.
(c) For wooden buildings not over two and one-half stories in
height, with a cellar or a basement, the foundation walls below the
ground level shall not be less than sixteen inches thick if built of
stone,not less than twelve inches thick if of brick or concrete blocks,
not less than ten inches thick if of poured concrete. If stone walls
are used in the basement of any such structure as provided in this
section, they shall be at least four inches thicker than the thickness
prescribed for concrete and brick in the table set forth in section 59
of this chapter. In every dwelling hereafter erected, the walls be-
low ground level and the cellar or lowest floor shall be made damp
proof to the satisfaction of the inspector. (R. 0. 1929, c. 5, §§
43, 45.)
Sec. 47. Piles.
Piles intended to sustain a wall, pier or post shall be spaced not
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SALEM CiITY CODE
more ,than thirty-six nor less than twenty inches on centers, and
they shall be driven to a solid bearing, if practicable to do so, and
the number of such piles shall be sufficient to support the proposed
superstructure. No pile sball be used of less dimensions than five
inches at the small end and ten inches at the butt for piles less than
twenty feet in length. No pile shall be weighted with a load ex-
ceeding forty thousand pounds. When a pile is not driven to re-
fusal its safe sustaining power shall be determined by approved -
good engineering formula. The inspector shall be notified of the
time when .test piles will be driven. The tops of all piles shall be
cut off below the water line as determined by the inspector, but in
no case above grade eight. In case concrete piles are used, whether
reinforced ornot,their bearing power shall be determined by putting
in one or more test piles and loading them after the concrete has
hardened. The load allowed shall not be more than one-half the
load under which the pile begins to settle. In no case, however, shall
the load on a concrete pile exceed that allowed for concrete in
columns. All wooden piles shall be capped with block granite level- ^
ers, each leveler having a firm bearing on .the pile or piles which
it covers, or with first-class Portland cement concrete, not less than
sixteen inches thick, above the pile caps, containing one part of ce-
ment to not more than six parts of properly graded aggregate of
stone and sand, the concrete to be filled in around the pile heads
upon the intervening earth. (R. 0. 1929, c. 5, § 44).
Sec. 48. Location on lots of buildings used for human habi-
tation.
No portion of any building used wholly or in part for purposes
of human habitation, except cornices, shall be built nearer than five
feet to the side line of the adjoining lot, or nearer than ten feet to
an existing dwelling on the adjoining lot. N'lo building used
wholly or in part for human habitation shall cover more than
seventy-five per cent of the lot, or if more than one building is
constructed on a lot, the combined areas of the buildings shall not
exceed seventy five per cent of the total area of thb lot. All outside
porches,.steps,chimneys or other construction attached to the build-
ing above the ground shall be considered as parts of the building.
24
:BUILDING CODE
Sec. 49. Height of dwellings in relation to width of street.
A dwelling hereafter erected shall not have more than one habit-
able story for every ten feet of the width of the street, unless such
house be set back from the street a distance equal to the excess of
its height over that permitted at the street line. The width of the
street shall be measured from building line to building line. The
height of a dwelling shall not be increased so as to exceed the width
of the widest street on which it abuts, plus the open unoccupied
lot space between such dwelling and the street. On a corner lot
the height shall be governed by the width of the wider street, as
above, but this height shall not extend along the narrower street
a distance greater than twice the width of the narrower street. (R.
0. 1929, c. 5, § 32.)
Sec. 50. Rear yards generally.
Immediately behind every dwelling hereafter erected on a single
• lot or on a lot upon which there is no other building, there shall be
a rear yard, the width of which shall be at least five feet more than
the width of the dwelling; such yard shall at every point be open
and unobstructed from the ground to the sky, and every part there-
of shall be directly accessible from every other part. The rear yard
shall be at least five feet long, except where.the rear of the dwelling
is within five feet of a ,public way, cemetery, park or railroad or
right of way, in which case no rear yard shall be required. If a
dwelling exceeds four stories in height the depth above prescribed
shall be increased five feet for interior lots and two feet for corner
lots for each story above four stories. Any portion of a corner lot
distant more than ninety feet from the corner line shall be treated
as an interior lot. (R. 0. 1929, c. 5, § 33.)
y
Sec. 51. Two dwellings on same lot.
E
If a dwelling is hereafter erected behind or in front of another
i dwelling on the same lot there shall be left between the two build-
ings a yard at least twenty-five feet wide and of a length of not less
than fifty per cent of the height of the higher of the two buildings,
I and in no case shall such length be less than ten feet. Behind the
25
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SALEM CITYCODE
rear dwelling, there shall be a.rear yard extending at least ten feet
from the dwelling, but no such yard shall be required if such dwell-
ing'abuts upon a public way or is less than ten feet from such way.
The rear dwelling shall in no case be built to a greater height than
is permitted'for 'the front dwelling house. Where a dwelling is
erected by .the side of, but not contiguous to, another building on y
the same lot, there 'shall be left between the two buildings a space
the width of which shall be at least fifty per cent of the height of the
higher of the two buildings, and in no case shall the width be less n
than ten feet. (R. 0. 1929, c. 5, § 34.)
.Sec. 52. Minimum yard sizes to be observed.
A dwelling shall not .hereafter be enlarged or its lot diminished
or other building placed on the lot so that the rear yard or side.
yard shall be less in size than the minimum sizes prescribed in this
chapter. (R. 0. 1929, c. 5, § 85.)
Sec. 53• Light and ventilation for dwellings. •
In every dweling, :hereafter erected, the total window area in
each room shall be at'least one-seventh of the floor area of the room.
In every dwelling, every room shall have at least one window open-
ing directly upon the street or upon a yard or court. In every
dwelling, hereafter erected, every common hallway and stair hall-
way shall have on each story at least one window containing not less
than twelve square feet opening, measured between stop beads,
opening directly upon the street or upon a yard or court. If the
common hallways and stairs in an existing dwelling shall be altered,
then such common hallways and stairs shall be provided with as
much light and ventilation as hereinabove required. In every mul-
tiple dwelling hereafter erected, three or more stories in height,
there shall be in the roof directly over each stairwell a ventilating
skylight provided with ventilators, having a minimum opening of
forty square inches and with fixed or moveable louvres. All sky-
lights hereafter placed in any multiple dwelling shall be of the same
size and type above described. (R. 0. 1929, c. 5, § 38.)
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BUILDING CODE
Sec. 54. Room dimensions for dwellings.
In every dwelling hereafter erected, all rooms, except kitchen-
ettes and bath rooms, shall be of the following minimum sizes;
every room shall contain at least ninety square feet of floor area
and no room shall be in ally part less than seven feet wide. Every
room in a two-family or multiple dwelling, hereafter erected, shall
be at least seven and one-half feet high from the finished floor to
the finished ceiling.
Sec. 55. Garages.
A garage of size and arrangement to accommodate not more than
two cars may be constructed as part of a one or .two family dwell-
ing. The garage if constructed of wood studs, must be finished
with one-half inch cement plaster applied on metal;or gypsum lath.
This requirement shall apply to all interior walls and ceilings of the
garage. If the garage is built in the basement of a dwelling, the
walls separating the garage from other portions of the basement
• must be built of masonry units at least four inches in thickness, and
the ceiling of such garage must be finished with cement plaster
applied on metal or gypsum lath. Openings may be installed in
a garage made part of the dwelling; provided, that such openings
are provided with metal or metal covered doors and frames. Con-'
trete floor is to be installed in all garages. Except in the business
or industrial zones, no garage is to be erected within ten feet of
any existing dwelling.
Sec. 56. Brick buildings.
All brick buildings shall have foundation walls built of stone;
brick,concrete,iron or steel, and all such walls, if of stone or brick,
shall be laid up with cement mortar. If built of rubble or block
stone, they shall be not less than eighteen inches thick and not less
than eight inches thicker than the wall next above them tora depth
of six feet below the curb or ground level, and if built of brick shall
be not less than four inches thicker and if of concrete, not less than
two inches thicker, than the wall next above them to a like depth
below the curb or ground level. The .thickness'of all walls below
27
SALEM CITY CODE
six feet shall be increased one inch for every foot or fraction there-
of. Grillage beams of wrought iron or steel resting on a proper
concrete bed may be used for foundations. Such beams shall be
provided with separators and bolts, enclosed and filled between with
concrete, and of such sizes and so arranged as to carry safely the
load imposed. (R. 0. 1929, c. 5, § 47.)
Sec. 57• Specifications for cement and lime mortar; dry
walls.
Cement and lime mortar shall be made of one part of dry lime,
one part of cement and not more than three parts of sand to each.
Cement mortar shall be made of cement and sand in the proportion
of one part of cement and not more than three parts of sand and
shall be used immediately after being mixed. The cement and sand
are to be measured and thoroughly mixed before adding water. All
mortar below grade in masonry building shall be cement mortar;
for all other masonry, cement and lime mortar may be used. Dry
walls shall not be permitted. •
Sec. 58. Specifications for all brick walls.
In every brick wall, at least every seventh course of brick shall
be a full beading course, except where walls are faced with face
brick, in which case every seventh course shall be bonded with
flemish headers, or every other brick may have a metal tie. All
heading courses shall be of good, hard, perfect brick. Ashlar fac-
ing shall not be counted as a part of the.thickness of masonry walls
unless such facing :has alternate courses at least eight inches deep
and bonded into the backing, then four inches may be counted as a
part of the wall. No brick wall faced with ashlar or other material
shall be less than twelve inches thick. No wall or walls of any
masonry building shall be carried up more than two stories in ad-
vance of any other wall. (R. 0. 1929, c. 5, § 49.)
Sec. 59. Minimum thickness of walls above foundation for
tenements, schools, asylums, etc.
The minimum thickness for all outside, party and division brick
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BUILDING CODE
or conerete'walis above foundations, for tenement houses, except as
hereinafter provided, asylums,club houses, convents, lodginghouses,
parish houses, schools and studios, shall not be lessthan the num-
ber of inches shown in the following table, except nonbearing divi-
sion walls in tenement and dwelling houses may be four inches less
in thickness, but in no case less than eight inches nor of greater
height unsupported laterally than twenty-eight times its thickness.
Fire walls shall in no case be less than twelve inches in thickness.
In buildings where the first story is used for mercantile purposes
and stories above used for habitation, the first and basement stories
shall be in accordance with section 60 of this chapter other stories
in accordance with this section:
B 1 2 3 4 5
1 story 12 in. 8 in.
2 stories 12 in. 12 in. 8 in.
3 stories 12 in. 12 in. 12 in. 8 in.
• 4 stories 16 in. 12 in. 12 in. 12 in. 8 in.
5 stories 20 in. 16 in. 12 in. 12 in. 12 in. 8 in.
In single family or two-family dwellings not over three stories
high, exterior bearing walls of masonry, supporting floors, not over
twenty feet in span, shall have at least the thickness given in the
following table:
Story Height of wall in stories
Third . . . . . . . . . . ........ . . . . . . ... .. 8 -
Second . . . . . . . . . ........ .. . . . . ..... 8 8 -
First 12 8 8
Basement ... . . ...... .. . .. .. . . .. ... 12 12 8
Dwellings of the third class of two and one-half stories or less in
height, and dwellings of the fourth class may be constructed of
walls of wood with brick veneer or block construction of minimum
thickness of four inches. (R. 0. 1929, c. 5, § 50; 6-8-38, § 2.)
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SALEM C TY CODE
Sec. .60. Minimum thickness of walls above foundation in
warehouses.
The minimum thickness for all outside, party and division brick
or concrete walls above the foundations of any building of the ware-
house class shall not be less than the number of inches shown in
the following table:
B 1 2 3 4 5
1 story 12 12
2 stories 16 12 12
3 stories 16 16 12 12
4 stories 20 16 16 12 12
5 stories 20 20 16 16 12 12
Curtain walls may be four inches less in thickness than shown in
table above, but in no case less than eight inches; provided, but• •
tresses are installed at no greater distance apart than any one story.
Buildings of this class outside of the fire limits not exceeding one
story or twelve feet in height, which under this chapter could be of
wood, may have masonry walls eight inches thick. Hollow terra-
cotta tile walls shall be the same minimum thickness as required
for brick walls but shall not be used for bearing walls in buildings
over four stories in height. Other than herein prohibited, hollow
terracotta tile, concrete or cinder block walls may be used for bear-
ing walls in all buildings; provided, the stresses do not exceed those
for brick walls. (R. 0. 1929, c. 5, § 51; 6-28-38, § 3.)
Sec. 61. Thickness of walls in relation to height.
The height of stories for the thickness of walls given shall not
exceed for the first story sixteen feet in the clear, for the second
story fourteen feet in the clear, for the third story twelve feet in
the clear, for .the fourth story eleven feet in the clear; and if any
story exceeds the foregoing height, the walls of any such story shall
be increased four inches in thickness.. (R.,0.'1929, c. 5, § 52.)
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BUILDING CODE
See. 62. Dividing walls in buildings of warehouse class;
minimum thickness; use in nonfireproof, etc.,
buildings.
For buildings in the warehouse class, twenty six feet or less in
width between walls or bearings, the minimum thickness in inches
of all independent surrounding or dividing walls in the same, carry-
ing the loads of floors shall not be less than specified in section 60
of this chapter. when the above walls are used for party walls in
nonfireproof buildings, the twelve-inch sections of the walls shall
have corbeled ledges to carry the ends of the beams, or be increased
in.thickness to not less than sixteen inches, and the beams entering
the walls shall be staggered. If the beams do not rest on corbeled
ledges, or are not so staggered, the twelve and sixteen inch sections
of the wall shall be increased.to not less than twenty inches. When
used for party walls in fireproof buildings, no portion of the walls
shall be less than sixteen inches in thickness.
• Sec. 63. Anchoring front, rear and party walls.
The front, rear, and party walls of any building hereafter erected,
shall be anchored to each other every ten feet in their height by
tie anchors,made of at least one and a quarter inch by three-eighths
of an inch wrought iron. The anchors shall be built into the side
or party walls not less than thirty-six inches; and into the front
and rear walls at least one-half the thickness of the front and rear
walls, so as to secure the front and rear walls to the side and party
walls. (R. 0. 1929, c. 5, § 54.)
Sec. 64. Party walls generally—Height, capping, etc.
All party walls shall be carried up to a height of not less than
two and one-half feet above the roof covering, with the full thick-
ness of the party wall, and shall be capped with stone or iron,
securely fastened; and where there is a flat, hip or pitch roof, the
party wall shall be carried up to a height of not less than two and
one-half feet above the roof covering,at every part of such roof, and
shall be corbeled at least twelve inches, or into the outer edge of all
projections on the front or rear walls of the buildings. (R. 0.
1929, c. 5, § 54.)
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SALEM CITY CODE
Sec. 65. Same--Separating two buildings; doorways.
If it becomes desirable to cut a doorway through any party wall
separating two buildings, a notice of the intention to do so shall be
filed with the inspector. Such doorway shall be closed by two sets
of self-closing wrought-iron or metal-covered fire doors, hung to
rebated iron frames, and separated by the thickness of the wall.
And whenever such doorway ceases to be used, it shall be immedi-
ately filled up with masonry. (R. 0. 1929, c. 5, § 55.)
Sec. 66. Same—Vertical recesses.
No continuous vertical recess of more than four inches in depth
shall be made in any twelve-inch party wall, and no recess of any
kind shall be made in any eight-inch party wall. All such recesses
shall be filled in solid at each floor level and five inches above.
(R. 0. 1929, c. 5, § 56.)
Sec. 67. Fire and panty walls—Construction.
Fire walls and party walls over fifteen feet high shall have para- •
pet walls not less than eight inches in thickness and carried two
feet above the roof unless otherwise provided in this chapter, but
for warehouses, factories, stores, and other buildings used for com-
mercial or manufacturing purposes, the parapet walls shall be not
less than twelve inches in thickness. (R. 0. 1929, c. 5, § 61.) J
Sec. 68. Same—Entered by timbers.
All roof and floor timbers of wood entering the same party or
fire wall from opposite sides shall have at least four inches of solid
brickwork between the sides or ends of such timbers, and have at
least eight inches of brickwork .beyond end of timbers. (R. 0.
1929, c. 5, § 62.)
i
Sec. 69. Piers.
All piers shall be built of stone, or of hard, well-burnt brick, and
laid in cement mortar well wet when laid. Isolated brick piers un-
der all lintels, girders, iron or other columns shall have a cap-stone
32
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BUILDING CGDE
at least twelve inches thick, or plate of iron of sufficient bearing
value to carry the load. For an external brick pier, the plate may
be reduced sufficiently in size to allow four inches of brick-work to
intervene between the edge or edges of the plate and the face or
faces of the pier exposed to the weather. Columns supported by
brick walls or piers shall rest upon an iron plate or upon a granite
cap-stone at least twelve inches ,thick, of a size satisfactory to the
inspector. Under metal columns,in all cases, there shall be an iron
plate of sufficient bearing value to carry the load. (R. 0. 1929,
c. 5, § 57.)
Sec. 70. Thickness of walls for certain spans.
If the clear span between walls from wall to partition or bearing
opposite is to be over twenty-six feet, then the bearing walls shall
be increased four inches in thickness for every thirteen feet or frac-
tion thereof that that span is over twenty-six feet; or instead of
increased thickness of walls, piers or buttresses may be incorporated
in the walls to the satisfaction of the inspector. (R. 0. 1929,c. 5,
• § 59.)
Sec. 71. Walls in certain buildings over sixty feet deep.
In all buildings over sixty feet deep without a cross wall, or
proper piers and buttresses, reinforcing the walls, the walls shall be
increased in thickness four inches more than is specified for the
thickness of the walls for every sixty feet in depth. (R. 0. 1929,
C. 5, § 58.)
Sec. 72. Increasing the thickness of certain walls.
If any horizontal section through any part of a bearing wall of
any building shows an access in area of flues and openings, such
bea-ing wall shall be increased in thickness .to the satisfaction of
the inspector. (R. 0. 1929, c. 5, § 60.)
Sec. 73. Size and support of lintels.
All lintels used to support walls or other weights over openings,
shall be of sufficient strength and bearing to carry the superimposed
33
SALEM CITY CODE
weight, and shall, where supported at the end by brick walls or
piers, rest.upon a steel plate of proper size and thickness to distrib-
ute the load. (R. 0. 1929, c. 5, § 63.)
Sec. 74. Timbers prohibited in certain walls; wooden lintels
prohibited; covering for structural metals.
No timber shall be used in any wall of any building where stone,
brick or iron is commonly used. No wooden lintels for supporting
masonry shall be allowed under any circumstances. All structural
metal supporting masonry shall have protecting covering of brick,
terra cotta or concrete installed in an approved manner. Bottom
of lintels shall have two-inch protection outstanding edges of plates
and flanges one-inch, webs two inches. All columns supporting
masonry shall have at least two-inch protection, except columns
located in show windows of stores. (R. 0. 1929, c. 5, § 64.)
Sec. 75• Sprinkler system required for certain buildings.
All new buildings exceeding two stories in height, to be used for •
manufacturing, storage or commercial purposes, shall be equipped
throughout with an automatic sprinkler system properly connected
with an adequate water supply and shall have all sprinkler heads
located and spread and spaced and all pipe sizes made to conform to
the standards recommended by the National Board of Fire Under-
writers. (R. 0. 1929, c. 5, § 65.)
Sec. 76. Notification of inspector as to alterations and
changes in heating facilities.
No building shall be hereafter erected in which chimneys, boilers,
or heating apparatus of any kind are used, or are to be erected and
maintained, nor shall any alterations be made in chimneys or flues
already erected, without notice to the inspector before such changes
or alterations are commenced, and this provision shall apply to all
buildings raised, removed, or built upon.
In all cases where hot water, steam, hot air, or other furnaces or
ranges are hereafter placed, or their location changed in any build-
ing; due notice shall be first given to the inspector by the person
I
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.BUILDING CODE
placing such furnace or range in such building. (R. 0. 1929, c. 5,
§§ 68, 71.)
See. 77. Protection of woodwork from hot air pipes, etc.
No woodwork shall be placed at a less distance than one inch
from any tin or other metal flues or pipes, used or intended to be
used to convey heated air in any building, unless protected by a
soapstone or earthen ring or tube, or metal casing so constructed as
to permit the free circulation of air around such flues or pipes.
(R. 0. 1929, c. 5, § 72.)
Sec. 78. Means of egress from buildings generally.
911 buildings shall have at least two means of egress from each
floor and such additional means of egress as may be required in
accordance with G.L. c. 143, and except further that in fourth-class
buildings there need be but one means of egress above the first floor
when intended to be used as a one-family dwelling. When intend-
ed to be used as a two-family dwelling there shall be two means of
egress from each floor.
Sec. 79. Ash receptacles.
Receptacles for ashes in the interior, or attached to the exterior
of any building, shall be built of incombustible material through-
out. (R. 0. 1929, c. 5, § 70.)
Sec. 80. Chimneys—Construction generally; flues, hearths
and fireplaces.
All chimneys, whether within or without the fire limits, shall be
built of brick, or other fireproof, incombustible material, and in no
case shall rest upon any flooring without a footing of masonry or
iron supported by iron beams, having a secure bearing of masonry
br iron at either end. Brick chimneys shall be constructed with
either eight-inch brick walls or with four-inch brick work, and a
terra cotta flue lining set in cement. Brick chimneys shall be
smoothly plastered with mortar on the outside below the roofing.
In no case shall a,nail be driven into the masonry of any flue. Cin-
35
SALEM CITY (ADE
der or concrete block precase chimney units not less than four
inches thick and provided with a flue lining may be used in build-
ings not over two stories or twenty-five feet in height. All flues
shall be guarded by either a double collar of metal or a recess,
leaving two inches of space around the flue. No drain pipe or
earthenware of any description shall be used for horizontal flues,
but all flues of this kind shall be made.of iron pipe, .the air space
between the pipes to be not less than two inches. All flues shall
be topped out at least four feet above a flat roof or at least eighteen
inches above the ridge of a pitch roof of a building and all chim-
neys shall be covered with a cap of metal, concrete or stone properly
secured. No soft brick shall be used on the exterior above the roof
or on the interior within four feet of the roofing in the construction
of chimneys. No smoke pipe or flue shall project through any
external wall or through any window, door or other opening in
such wall, and no stove funnel shall project through any partition
or floor unless the same is safely and securely surrounded by brick
or stonework. Hearths or fireplaces or grates shall not be less than
eight inches thick and shall be laid upon brick or other trimmed
arches, or upon bars or iron supporting a bed of brickwork. (R.
0. 1929, c. 5, § 66.)
Sec. 81. Same—Funnel receivers; ash doors; unsafe con-
ditions, etc.
All funnel receivers shall be built into the chimneys at the time
of their construction. All chimneys shall have at their base an ash
door, or some opening sufficient to enable them to be readily clean-
ed. If any chimney, flue or heating apparatus shall be dangerous
or unsafe, the inspector shall at once notify, in writing, the owner,
agent or other party having an interest in the premises, and shall
require him to make the same safe immediately. All woodwork
shall be kept away at least two inches from any chimney or a great-
er distance in certain cases as determined by the inspector. (R. 0.
1929, c. 5, § 67.)
,Sec. 81A. Flues and vents for heat-producing appliances.
(a) Except for electric heating appliances and as otherwise pro
36
BUILDING CODE
vided for gas appliances, every heating apparatus or heat-producing
appliance shall be connected with a flue conforming to the provi-
sions of this section.
(b) Nothing in this section shall prohibit the joining of two or
more smokepipes for a single flue connection; nor the venting of
a gas appliance to a flue-serving appliance using other fuel; pro-
vided, that in every case the smokepipe and flues are of sufficient
size to serve all the appliances thus connected.
(c) Vents erected or used for venting appliances that give off
grease or grease-laden fumes shall be constructed and used entirely
independent of other vents or flues and shall conform to the re-
quirements of this section for smoke flues.
Every gas appliance shall be connected to an effective flue if it
is included in the following:
(1) Any appliance used for domestic purposes which has a de-
mand in excess of 50,000 B.T.U. per hour, except in the case of
a domestic range;
• (2) Automatically controlled appliances which use more than
5,000 B.T.U. per hour.
Automatically controlled appliances which use less than this
amount shall be flue-connected unless connected with an effective
device, which, in the event that the constantly burning flame or
pilot is extinguished, will automatically shut off the supply of gas
to the main burner or burners;
(3) Appliances installed in the same room which have an aggre-
gate demand at normal rating as great as 30 B.T.U. per hour per
cubic foot of room content. (9-12-52, § 1.)
Sec. 82. Protection of stairways in third class buildings.
Except as provided in section 32 of this chapter in all third-class
buildings the stairways shall throughout be protected by the walls
being lathed and plastered on studding or Dogged or filled solid
with terra cotta, concrete or other incombustible material filled in
between the wood construction, and the plastering in such staircase
halls, including the soffits of stairs, shall be on metal lath. (R. 0.
1929, c. 5, § 74.)
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SALEII CITY CODE
Sec. 83. Bay windows in first or second class buildings.
Bay windows in first or second-class buildings must be construct-
ed entirely of fireproof materials. . (R. 0. 1929, c. 5, § 76.)
Sec. 84. Fireproofing of certain openings and portions of
manufacturing, etc., buildings.
In any building intended or used for commercial manufacturing,
storage, or mill purposes, all opening in walls nearer than seven
and one-half feet to the line of the adjoining lot or nearer than
fifteen feet to any other building on the same lot shall be fitted
with metal or metal-covered doors and frames, with windows of
metal or metal-covered frames, and glazed with wire glass, and
all portions of buildings so expossed shall be fireproof. (R. 0.
1929, C. 5, § 77.)
Sec, 85. Fireproofing window openings in certain buildings.
In buildings of first or second-class construction not used in
whole or in part for human habitation, all window openings, which •
are in a wall nearer than five feet to the line of an adjoining lot or
nearer than ten feet to any other building on the same lot, shall
have metal or metal-covered frames and doors or sash, and such
sash shall be glazed with wire glass. (R. 0. 1929, c. 5, § 78.)
Sec. 86. Fireproofing interior of certain buildings required.
In all buildings, exceeding one story in height, the first story of
which is used for commercial, mercantile or manufacturing pur-
poses, and above the first story as a place of public assembly, offices f)
or habitation, shall have ceilings of basement and walls and ceilings
of first story plastered with Portland cement plaster applied on
metal lath or sheet metal applied either on gypsum plaster boards
or asbestos paper weighing not less than twenty pounds to the hun-
dred square feet or gypsum wall board of single core type covered
by fibered gypsum plaster pattern paper, such wall board shall be
not less than three-eighths inch in thickness and weighing not less
than two pounds per square foot and must be of a type approved by
the National Board of Fire Underwriters. (R. 0. 1929, c. 5, § 79.)
38
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BUILDING CODE
Sec. 87. Fire stops between furring and studding.
Spaces between and behind all furring on masonry walls shall be
filled solid with brick and mortar or other incombustible material
for a space of five inches in height above the floor beams. Spaces
between the studding on all exterior walls other than masonry shall
be stopped with similar material from the bottom of the floor beams
to five inches above the top of same, except buildings of wood con-
struction built to accommodate one or two families the fire stop-
ping may be of wood at least two inches in thickness installed sol-
idly in place at each floor level in such a manner to eliminate any
possible flue action. Where walls are studded off in buildings, the
space between the inside face of the wall and the studding shall be
fire-stopped with fireproof material placed on the underside of the
wood beams above for a depth of not less than four inches, and se-
curely supported on the beams directly over the studded-off space
shall be fire-stopped with not less than four inches of fireproof
material, which may be laid on boards cut in between the beams.
The inspector must be notified when any structure is ready for
lathing.
Sec. 88. Fire stops between floor beams and stair stringers.
Spaces between parts of the floor beams that rest upon bearing
And partitions shall be filled in solid with incombustible material to
the depth of the beams, and where the partition continues above the
floor, to a height of five inches above the tops of the beams, except
in a one or two family wood frame dwelling this fire-stopping may
be wood at least two inches in thickness. Spaces between stringers
of stairs and beams of landings, unless unceiled or of fireproof con-
truction shall be stopped solid with wood, :brick, or terra cotta or
other approved material as often as twice to each flight of stairs.
The various forms of construction tending to create or form air
passages from one -story to another, such as spaces around pipes,
ventilating shafts or chimneys, shall have a fire and smoke stop at
each floor, of incombustible material.
39
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SALEM CiITY CODE
Sec. 89. Fireproofing vertical shafts and openings into
shafts.
All verticle shafts, whether for passage of merchandise, for heat-
ing or ventilating, for elevators, dumb waiters, lifts, or for light or
air pipes, wires and other similar purposes, shall be constructed in
such manner as to be fire-resisting throughout; if of other than
first-class construction, spaces between any wooden studs or fur-
rings must be filled solid with gypsum, cement, terra cotta blocks,
or any other incombustible material, in addition to which the inner
surface must be plastered throughout with Portland cement plaster
upon gypsum or metal lath. All openings into such shafts must
be protected by metal or metal-covered doors, shutters, or windows,
and where glass is used in such openings, it must be wire glass.
All clothes and dust chutes shall be lined with metal in addition to
the above requirements for shafts. (R. 0. 1929, c. 5, § 82.)
See. 90. Protection of heating apparatus against spread of
fire.
Every furnace, boiler, or steam-heating apparatus shall be thor-
oughly protected against the spread of fire. If enclosed in a sep-
arate compartment the walls and ceilings shall be of Portland
cement plaster upon gypsum or metal lath throughout the whole
room, or of fireproof material. If the heating appartus is placed
in an undivided cellar, this fireproofing shall be required only on
the ceiling. Such construction is required to be extended only over
the boiler or heating apparatus itself and over a space of three feet
outside the same in all directions. But if any wooden partitions
are within three feet of such boiler and heating apparatus such par-
titions shall be plastered with Portland cement plaster on metal or
gypsum lath. (R. 0. 1929, c. 5, § 83.)
Sec. 91. Maximum floor areas; openings in floors.
In all buildings other than first-class, not completely equipped
with a system of automatic sprinklers, no single floor area between
masonry fire walls in a second-class building shall exceed seven
thousand five hundred square feet, or in a mill-frame.building shall
40
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BUILDING CODE
exceed five thousand square feet;with a full equipment of automatic
sprinklers these areas may be increased sixty-six and two-thirds
per cent. No floor area shall be increased by cutting through a fire
wall unless said opening is protected by two self-closing standard
fire doors, one on each side of wall. No single opening shall be of
greater width than eight feet, nor more than ten feet in height, and
there shall be not less than two feet between top of opening and ceil-
ing line. The combined width of all openings in any one fire wall
on one floor shall not exceed fifty per cent of the length of wall.
Other floor areas shall not be in excess of the following areas:
Third-class, three thousand square feet.
Fourth-class, two thousand square feet.
Fiftb-class, one family, one thousand five hundred square feet;
more than one family, three thousand square feet. (R. 0. 1929,
c. 5, § 84.)
Sec. 92. Determination of size and strength of material.
' The required dimensions of each piece of material and each form
of construction to be used in .buildings and allowed fibre stresses
shall be computed according to rules prescribed by recognized mod-
ern authorities, and shall be used in all buildings hereinafter erect-
ed except as hereinafter provided. All width, depth and thickness
dimensions specified for wood construction shall be interpreted as
nominal dimensions.
Sec. 93. ,Support of roof and floor timbers.
(a) All roofs or floor timbers entering the same party wall from
opposite sides shall have at least four inches of solid brickwork be-
tween the ends of such timbers.
(b) All floor and roof timbers in mill construction shall rest on
iron column caps and be self-releasing when supported by masonry
walls.
(c) Every floor in second-class buildings shall have its beams
tied to walls and to each other with wrought-iron straps or anchors
at least three-eighths of an inch thick by one and one-half inches
wide, and not less than eighteen inches long, so as to form caution-
41
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4
SALEM (CITY CODE
one ties across the building not more than ten feet apart. Walls
running parallel or nearly parallel with floor beams shall be prop-
erly tied every ten feet with straps or anchors as above specified.
(d) Every wooden header or trimmer more than four feet long
shall be carried on metal hangers or mortised and pinned.
(e) No floor timber shall be cut at a greater distance than three
feet from support, nor more than one and one-half inches deep on
the upper edge unless approved by the inspector. Cutting on the
under side shall not be allowed.
(f) No main partition timber, girder or tie beam, of any kind,
shall be allowed to be cut unless approved by the inspector.
(g) Ordinary wood frame exterior walls except as hereinafter
provided shall have posts, sills and girts not smaller than 4" X6".
Plates shall be built of not less than 2" X 4" timbers. Sills shall
be halved at joints. Posts shall be braced at all corners in each
story. Posts and girts shall be mortised, tenoned and pinned to-
gether. When studs are continuous through two stories the girt
shall be replaced by a ledger board not less than 1" X 6" housed
into the studs. The space behind ledger boards shall be fire-stopped
with at least 2" thickness of lumber cut between the studs. Studs
in exterior walls and bearing partitions shall be not less than
2" X 4" spaced not more than sixteen inches center to center and
shall be supported directly upon the sill or girder or upon a sole
plate not less than 2" X 4". The partition plate shall be not less
than 2" X 4". Studs of a partition in an upper story over a par-
tition directly below, shall rest upon the plate of the lower parti-
tion. Studs of nonbearing partitions shall be not less,than 2/"X!3"
spaced not more than sixteen inches center to center. All studs
shall be doubled beside openings. The lintel over all openings shall
be trussed or a timber of sufficient size installed to support the span,
as approved by the inspector of buildings. Wood studs bearing
partitions shall not be used to support more than three floors and
a roof in any building.
(h) In buildings or structures not used for habitation not more
than 12' in height and covering not more than 500 sq. It. of floor
area the sills and posts may be not less than 4" X 4".
(i) Any other style of wood or metal wall construction which
42
BUILDING CODE
provides stability and rigidity equal to that of the walls specified in
this section, as disclosed in tests prescribed by the inspector of
buildings and satisfactorily passed, may be used where wooden
frame walls are allowed.
(j) The size of all floor joists, girders, roof rafters and other
structural members shall be in relation to the span and the load to
be carried, and shall be determined in accordance with modern and
approved engineering formula or practice. (R. 0. 1929, c. 5, § 86;
6-28-38, § 4.)
Sec. 94. Construction of floors and stairs so as to sustain
specified live loads.
All floors and stairs shall be so constructed as to carry safely the
weight to which the proposed use of the building may subject them,
and every permit granted shall state for what purpose the building
is designed to be used, but the least capacity per superficial square
foot, exclusive of materials, shall be:
For floors of houses of habitation, fifty pounds. Rooms in tene-
ment or lodginghouses and hotels exceeding five hundred square
feee, one hundred pounds.
For floors of assembly halls, one hundred pounds.
For floors of dance halls, one hundred pounds.
For floors of schoolrooms, fifty pounds, except floors of assembly
rooms or halls, one hundred pounds.
For floors of light manufacturing, light storage, and light mer-
cantile, one hundred and twenty-five pounds.
For floors of offices above first floor, eighty pounds; first floor,
one hundred pounds.
.For floors of heavy warehouses or mercantile, two 'hundred
pounds.
For stairways, seventy-five pounds..
For flat roofs, forty pounds.
For floors of public garages, one hundred and fifty pounds.
For buildings not included in the above table, the inspector shall
establish allowable live loads.
The-full floor load specified in this section shall be included in
proportioning all parts of buildings designed for warehouses or for
43
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SALEM CITY CODE
heavy mercantile and manufacturing purposes. In other buildings,
however, reductions may be allowed as follows:
For girders carrying more than one hundred square feet of floor,
the live load may be reduced ten per cent.
For columns, piers, walls and other parts carrying two floors, a
reduction of fifteen per cent of the total live load may be made;
where three floors are carried, the total live load may be reduced
by twenty per cent; four floors, twenty-five per cent; five floors,
thirty per cent. (R. 0. 1929, c. 5, § 87.)
Sec. 95• Roof coverings and gutters.
All roofs must be covered with slate, tile, terra cotta, metal, or
other material which may be designated by the National Board of
Fire Underwriters as Class A or Class B or Class C, and have in-
combustible ridge and hip coverings; provided, however, on repair
work a roof may be covered with fire-resisting material satisfactory
to the inspector, if, in his opinion, the design of such roof is such
that a lightweight covering is necessary. All gutters shall be of
metal, except that on ordinary frame buildings wooden gutters may
be used. (R. 0. 1929, c. 5, § 88; 6-28-38, § 5.)
See. 96. Wooden construction above roofs prohibited; ex-
ception.
No wooden construction, unless protected by an incombustible
covering shall be allowed above the roof of any structure, except as
provided in the following section. (R. 0. 1929, c. 5, § 89.)
Sec. 97. Dormer windows.
All dormer windows shall be covered with incombustible material
throughout. Dormer windows in roofs of second-class buildings
may be constructed with wooden walls, but must be covered
throughout with incombustible material and have metal or incom-
bustible cornices. Dormer windows in buildings of first-class con-
struction must be of first-class construction throughout.
In dwellings not more than two and one-half stories in height,
where wall covering of cheeks of dormers and other projections
44
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BUILDING CGDE
above roof and cornices are required to be of metal, or of other in-
combustible material, these portions may be built of same material
as required for side walls of dwellings. (R. 0. 1929, c. 5, § 90;
6-28-38, § 6.)
Sec. 98. Skylight frames and scuttle windows.
All skylight frames shall be of metal or metal-covered but scut-
tle windows not exceeding four square feet in area may be of wood
but the frame must be metal or metal covered. (R. 0. 1929, c. 5,
§ 91; 6-28-38, § 7.)
Sec. 99. Door and window finish; porch and piazza roofs.
The finish about doors and windows, also porches and piazzas,
may be constructed of and finished in wood, but the roofs of such
covered piazzas or porches shall be as specified for the main roofs of
houses; provided, however, that roofs of existing porches and piaz-
zas, or the roofs or porches or piazzas which may be added to exist-
ing buildings, may be covered with fire-resisting material satisfac-
tory to the inspector. (R. 0. 1929, c. 5, § 92.)
Sec. 100• Roof water conductors required for certain build-
ings.
All buildings hereafter erected within eight feet of any street or
traveled way, shall be provided with suitable leaders for conducting
the water from the roof to the ground, and in no case shall such
water be allowed to flow upon or across the surface of the sidewalk
to the street, gutter or sewer. No person shall permit a leader or
conductor from the roof of a building owned by him, to be so placed
or maintained as to direct a volume of water upon or across the
surface of the sidewalk. (R. 0. 1929, c. 5, § 93.)
Sec. 101. Snow protection for certain buildings.
All buildings hereafter erected upon the line or within five feet
of the line, of any street or public way, and having a pitch roof
sloping towards such street or way, shall be provided with suitable
snow guards or barriers upon the roof, sufficient to prevent snow
or ice sliding therefrom. (R. 0. 1929, c. 5, § 94.)
45
SALEM CITY CODE
Sec. 102. Projections of buildings over street lines prohib-
ited; exception.
No person shall build any portico, porch, bay window, balcony,
or other projection over the line of any street or way, except that
if the building is three or more stories in height, the cornice and
belt courses may project over such line as follows: Cornices on
such buildings may project over a public street or way not to exceed
two feet. Such cornice shall be built entirely of incombustible
material and be strongly supported. All belt courses on such build-
ings, when located at least twelve feet above the sidewalk level, may
project over a public way or street not to exceed twelve inches and
to be entirely of incombustible material. (R. 0. 1929, c. 5, § 98.)
Sec. 103. Alteration of frame buildings generally; increas-
ing height of masonry buildings.
(a) Frame or other buildings may be altered, extended, raised
or repaired, providing the new portions comply with provisions for
new buildings, and if, when done, will produce a practically new
building, or the building has been changed, then the whole building
shall be made to conform to the requirements of this chapter for a
new building of a like class.
(b) Walls of existing frame buildings within five feet of lot lines
may be pierced with openings of wood construction.
(c) When it is proposed to increase the height of any existing
masonry building, the thickness of all masonry walls shall conform
to the requirements of this chapter. If the thickness of walls are
such that they must be increased by additional brickwork or ma-
sonry, the combined thickness of old and new work shall not be less
than four inches more than the required thickness for a new wall
of same height; the additional thickness shall not be less than eight
inches, and shall rest on and be supported by suitable foundations;
it shall be thoroughly bonded into old work after same has been
cleaned of old plaster or other covering and well soaked with water.
(R. 0. 1929, C. 5, § 99.)
46
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BUILDING CODE
Sec. 104. Rebuilding buildings damaged in excess of fifty
per cent.
Whenever any building other than a dwelling shall, in the opin-
ion of the inspector, be damaged by fire or other cause to an amount
exceeding fifty per cent of its value, it shall not be rebuilt except
in accordance with this chapter. (R. 0. 1929, c. 5, § 100.)
See. 105. Erection of iron furnaces, steam engines, etc.
No furnace for melting iron or making glass nor stationary steam
engine for use in a mill for planing or sawing boards or turning
wood or in which other fuel than coal is used to create steam, shall
be erected without a license first having been obtained from the
city council; provided, however, that no such license shall be re-
quired for such an engine unless the same is to be erected within
five hundred feet of a dwelling house or public building. Such
license shall prescribe the place in which the steam engine or fur-
nace is to be used, and shall contain such regulations as to the
height of flues and protection against fire as the city council may
deem necessary for the safety of the neighborhood. 'Upon written
application for such license, the city council shall assign a time
and place for a hearing upon such application, and cause at least
fourteen days' public notice thereof to be given at the expense of
the applicant, in such manner as they may order. (R. 0. 1929,
C. 5, § 101.)
Sec. 106. Shut-offs.
A gas company whose main enters any building shall equip such
main with a shut-off placed outside of the foundation walls. The
type of shut-off and the location of the same shall be satisfactory to
the inspector. (R. 0. 1929, c. 5, § 102.)
Sec. 107. Construction of buildings used for picking, sort-
ing, etc., of rags and paper.
No building shall be used for the purpose of picking, sorting or
storage of rags, waste paper or paper stock unless such building is
of first- or second-class construction. All window openings shall
47
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SALEM CITY CODE
have metal frames sashes and glazed with wire glass. All doors
and frames shall be of metal or metal-covered. Ceilings in second-
class construction shall be covered with metal lath and cement plas-
ter not less than three-quarters of an inch in thickness. There
shall be no exposed woodwork of any sort in the interior of the
building. (R. 0. 1929, c. 5, § 103.)
Sec. 108. Additional requirements for buildings.
The city council may prescribe additional requirements for any
building to be erected, where the safety of life or property or the
public health is involved. Special requirements will also be made
for buildings intended for places of assembly of any sort, or for
the storage or sale of inflammable materials, or for installation of
bakeries, garbage or ash receptacles, or other special construction.
(R. 0. 1929, c. 5, § 104.)
Sec. 109. Occupation of streets for building purposes—Per-
mit required.'
1
Whoever desires to occupy or use a portion of the street or way
for the erection, alteration, repair or removal of a building upon
land abutting thereon, shall make application to the inspector, who,
subject to the consent of the superintendent of streets, may grant
permits for the occupation or use, for building purposes, of such
portions of streets and ways, and for such periods of time, and J
under such limitations and restrictions as may be required by ordi- t
Dance or by public convenience; and any such permit may be re-
voked by the inspector at any time when the holder thereof fails to
comply with any rule or regulation under which it is granted, or
when, in the opinion of the inspector, the public good requires such
revocation. No part of a street or way other than that so allotted
shall be used for depositing materials for work to be done or for
receiving rubbish arising from such work,and all such rubbish shall
be carried away by the person to whom the permit is granted, at
such convenient times as the superintendent of streets may direct,
and in case of the neglect or refusal of such person to so remove
5. For further provisions as to obstructing streets and sidewalks, see
ch. 28, § 16 et seq.
48
BUILDING CODE
such rubbish, it shall be removed at their expense by the superin-
tendent of streets. (R. 0. 1929, c. 5, § 105.)
Sec. 110• Same—Erection of barriers and lights.
When the permit required by the preceding section is granted,
the portion of a street thereby alloted shall be enclosed with a suffi-
cient fence, not less .than four feet high, and as much higher as the
inspector shall direct, and such fence shall be maintained during
the whole time for which the occupation of such portion of the
street continues, and until all liability to accident from falling ma-
terial ceases, and a lighted lantern or lanterns, or other proper and
sufficient lights, shall be attached to some part or parts of such
fence, and shall be placed over or near all building materials or
rubbish which of necessity are allowed to remain in any street or
way over night; such lanterns or lights shall be kept lighted from
sunset to sunrise every night that such fence, materials or rubbish
remain in such street or way (R. 0. 1929, c. 5, § 106.)
• Sec. 111. Same—Malicious or wanton extinguishment of
lights.
Whoever maliciously or wantonly, and without legal cause, ex-
tinguishes or diminishes a light fixed in accordance with the provi-
sions of the preceding section shall be liable to a penalty of not less
than ten nor more than twenty dollars. (R. 0. 1929, c. 5, § 107.)
Sec. 112. Same—Provisions for safe passage by public.
Whoever is duly licensed or permitted to occupy a part of the
street, while erecting or repairing a building, or making an excava-
tion, or for any other purpose, shall provide a safe and convenient
passage for public travel around or over or under the obstruction so
caused; shall be responsible to the city for all injuries sustained in
consequence of his neglect so to do, and shall be liable to a penalty
of not less than ten nor more than twenty dollars for each offense;
and he shall at any time, when required by the superintendent of
streets or by a police officer, exhibit his license or permit for such
occupation. (R. 0. 1929, c. 5, § 108.)
49
ZONING ORDINANCE
CITY OF SALEM
In the year one thousand nine hundred and fifty-five
An Ordinance relating to Zoning
§ 1. Establishment of use districts.
§ 2. Use of land.
§ 3. Historical districts.
$ 4. Single residence districts. -
§ 5. General residence districts.
§ 6. Apartment house districts.
§ 7. Semi-residence districts.
§ 8. Business districts.
§ 9. Industrial districts.
§ 10. Soil removal.
§ 11. Requirement for garage access.
$ 12. Non-conforming buildings, structures and uses.
$ 13. Public service corporations.
§ 14. District boundaries.
$ 15. Definitions.
§ 16. Execution.
§ 17. Board of Appeal. •
§ 18. Repeal or modification.
§ 19. Petition and plan for repeal or modification.
§ 20. Invalidity.
§ 21. Penalty for violation.
§ 22. Effective date.
Sec. 1. Establishment of use districts.
For the purpose of this ordinance, the City of Salem is hereby
divided into seven classes of use districts, to be known as:
A. Historical districts
B. Single residence districts
i C. General residence districts
D. Apartment house districts
E. Semi-residence districts
F. Business districts
G. Industrial districts
as shown on the Zoning Map dated January, 1955 and filed in the
office of the City Clerk, which map, together with all the boundary
lines and designations thereon, is hereby made a part of this ordi-
nance.
50
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ZONING ORDINANCE
Sec. 2• Use of land.
No land shall be used in any district for any purpose for which
a building structure or part thereof may not be used in the district,
or for any purpose which is not specifically allowed in the district.
Sec. 3. Historical districts—A.
In the historical districts, no new building or structure, orP art
thereof, shall be constructed or used, and no existing building or
structure or part thereof shall be altered, enlarged, reconstructed,
or used for . . .
A. Any industry, trade, manufacturing or commercial purpose;
or for
B. Any purpose except one or more of the following specified
uses:
1. Dwelling for not more than two families;
2. Office of a physician, surgeon or dentist, located in his
or her private residence, provided that there is no adver-
tising except a professional name plate not larger than
288 square inches attached against the house and not
protruding therefrom;
3. Private garage and such accessory uses as are customary
in connection with the foregoing uses and are incidental
thereto.
C. No existing building or structure or part thereof shall be
altered, enlarged, or reconstructed in any way that will alter the
exterior architectural design of the building or structure.
D. The intent and purpose of this section is to preserve, main-
tain and promote the historical character of the historical districts.
Sec. 4• Single residence districts—B.
In the single residence districts, no new building or structure,
or part thereof, shall be constructed or used, and no existing build-
ing or structure, or part thereof, shall be altered, enlarged, recon-
structed, or used for . . .
A. Any industry, trade, manufacturing, or commercial pur-
pose; or for
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SALEII CITY CODE
B. Any purpose except one or more of the following specified
uses, provided such specified use isnot injurious, obnoxious, offen-
sive or detrimental to the neighborhood;
1. Single-family detached dwelling, unless otherwise per-
mitted by the Board of Appeal under Section 17;
2. Church or other place of worship;
3. Municipal buildings; public or private school, college,
museum or other use of an educational character, other
than trade and business schools and trade and business
colleges;
4. Golf course, tennis court, waterfront yacht club, and any
building or structure incidental thereto, and similar rec-
reational use,provided it is of non-commercial character;
5. Public, semi-public or private institution or organization
of a philanthropic, charitable or religious character, but
not including cemeteries; and not including any such
institution or organization which provides for the care
or medical treatment of animals on the premises;
6. Hospital, sanitarium or other medical institution for
human treatment or occupancy, but not including nurs-
ing and convalescent homes;
7. Farm, market garden or nursery, including the sale of
natural products raised on the premises, but not includ-
ing any use or the extension of any existing use which
would be injurious, obnoxious or offensive to the neigh-
borhood;
8. Office or studio of a physician or surgeon, dentist, artist,
musician, lawyer, architect, teacher or other like pro-
fessional person located in his or her private residence,
provided that there is no display visible from the street
nor advertising except an announcement sign or a pro-
fessional name plate not larger than 288 square inches
attached against the dwelling and not protruding there-
from;
9. Customary home occupation carried on for gain in the
residence of the occupant, provided there is no display
of goods visible from the street nor advertising, except
52
ZONING ORDINANCE
a small announcement sign having an area of not more
than 288 square inches and attached against the dwelling
and not protruding therefrom, and provided that such
occupation shall be carried on by a person only within
a dwelling or apartment used by the occupant as his or
her private dwelling, without employment of help, and
provided that such occupation shall not occupy more than
one-third of the area of his or her residence or apart-
ment, and provided that such occupation shall not be
carried on in any accessory building; and provided that
authorization for such use shall be granted in writing
by the Inspector of Buildings;
10. Private garage and such accessory uses as are customary
in connection with the foregoing uses and are incidental
thereto.
Sec. 5: General residence districts—C.
• In the general residence districts, no new building or struc-
ture, or part thereof, shall be constructed or used, and no existing
building or structure or part thereof shall be altered, enlarged,
reconstructed or used for . . .
A. Any industry, trade, manufacturing or commercial purpose,
or for
B. Any purpose except one or more of the following specified
uses:
1. Any purpose or accessory use authorized in the single
residence districts;
2. Two-family dwelling;
3. Nursing and convalescent homes for not more than ten
patients in dwellings existing on or before January 1,
1954;
4. Alterations for more than two families but in no case
more than four families in dwellings existing before
January 1, 1954 provided that no addition to the build-
ing is to be constructed that would result in the building
occupying a greater ground area than the existing dwell-
ing
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SALEM.CITY CODE
The Board of Appeal may vary the application of this
ordinance in specific cases to allow alterations to provide
for an additional apartment or apartments andmay also
vary the application of this ordinance to allow altera-
tions to provide for more than four families,.provided
the Board of Appeal is unanimous in their opinion that
the proposed changes will not be detrimental to the
neighborhood or otherwise conflict with the spirit and
intent of the Zoning and Building Ordinances.
5. waterfront boatyards;
6. Group garage;
7. Such accessory uses as are customary in connection with
the foregoing uses and are incidental thereto.
Sec. 6. Apartment house districts—D.
In the apartment house districts, no new building or structure,
or part thereof, shall be constructed, or used, and no existing build-
ing or structure or part thereof shall be altered, enlarged, recon-
structed or used for . . .
A. Any industry, trade, manufacturing or commercial purpose,
or for
B. Any purpose except one or more of the following specified
uses:
1. Any purpose or accessory use authorized in the single
or general residence districts;
2. Residence for three or more families, lodging house, nurs-
ing or convalescent home, apartment house, apartment
hotel or hotel;
3. Trade and business schools and colleges;
4. Club, except a club the chief activity of which is a service
customarily carried on as a business;
5. Such accessory uses as are customary in connection with
the foregoing uses and are incidental thereto.
Sec. 7. Semi-residence districts—E.
A. In the semi-residence districts, new buildings and structures
54
•
ZiONING ORDINANCE
may be constructed and used,and existing buildings and structures
may be altered, enlarged, reconstructed and used for any purpose
or accessory use authorized in .the single residence, general resi-
dence or apartment house districts; but for no other purpose or
use, except that . . .
B. The first floor, basement and cellar of any new or existing
building or,structure may be used for one or more of the purposes
and accessory uses authorized in the business districts, except that
such first floor, basement and cellar shall not be used for a public
garage or for a motor vehicle repair shop.
See. 8. Business Districts—F.
In'.the business districts, no new building or structure or part
thereof, shall be constructed or used, and no existing building or
structure, or part thereof, shall be altered, enlarged, reconstructed,
or used for . . .
A. Any purpose except one or more of the following specified
uses:
• 1. Any purpose or accessory use authorized in the single
residence, general residence, apartment house or semi-
residence districts;
2. Store, salesroom, showroom or yard for the conduct of
retail or wholesale business;
3. Office of any kind;
4. Bank or other monetary institutions;
5. Restaurant or other eating place;
6. Club or other organization, dancing academy, theatre,
hall, or other place of amusement for assembly;
7. Public or semi-public building.;
8. Place of business of . . .
Animal hospital .Caterer Dyer
Baker Cleaner. . Electrician
Builder Confectioner Florist
Builder's Supplies Contractor Fuel Dealer
Butcher . Decorator Furrier
Cabinet Maker Dressmaker Grocer,
Carpenter Druggist Hairdresser
55
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.SALEM CITY CODE
Kennels Paper-hanger Shoe Repairer
Laundry Painter Shoe Shiner
Lumber Yard Photographer Tailor
Manicurist Plumber Tinsmith
Mason Printer Telephone Exchange,
Milliner Publisher Upholsterer
Monumental Works Roofer Veterinary
Newspaper Metal Worker Welder
Optician Shoemaker
9. Business garage, parking area, gasoline filling station,
service station, public garage or motor vehicle repair
shop;
10. Any additional use which the Board of Appeal, upon
petition and under the procedure provided in the Build-
ing Ordinance, may permit in a specified case, provided
that the Board finds that
(a) The proposed use is similar to one or more of the
uses previously authorized by this section;
(b) The exclusion of such additional use from a business
district would involve practical difficulty or unneces-
sary hardship;
(c) Such use would not substantially reduce the value of
any property within the district nor otherwise be
injurious; obnoxious or offensive to the neighbor-
hood;
11. Such accessory uses as are customary in connection with
the foregoing uses and are incidental thereto.
B. In addition, such industry, trade and manufacturing may be
carried on in any building or structure as are customary in con-
nection with the foregoing uses and are incidental thereto; pro-
vided that
1. No industry, trade or manufacturing shall be carried on
in a business district which is
(a) Prohibited or not authorized in the industrial dis-
tricts or would be
(b) Injurious, obnoxious or offensive to a neighborhood
by reason of noise, vibration, smoke, cinders, odor,
56
• I
ZONING GIIDINANOF
6
gas, fumes, dust, chemicals or other objectionable
feature, or would be
(c) Dangerous to a neighborhood through fire, explosion
or any other cause;
2. The total floor space which may be used for manufactur-
ing in any building or structure shall not exceed three
thousand square feet, unless otherwise permitted by the
Board of Appeal under the provisions of Section 17.
Sec. 9• Industrial Districts—G.
A. In the industrial districts, new buildings and structures may
be constructed and used and existing buildings and structures may
be altered, enlarged, reconstructed and used for . . .
1. Any purpose or accessory use authorized in the business
districts;
2. Any industry, trade, manufacturing, commercial or other
purpose not otherwise prohibited by this section or by
any law or ordinance.
B. No new building or structure, or part thereof, shall be con-
structed or used, and no existing building or structure, or part
thereof, shall be altered, enlarged, reconstructed or used for any
of the following specified uses, unless such use is accessory and in-
cidental to a minor extent to a use authorized by this section:
1. Cement, lime or plaster-of-paris manufacturing;
2. Explosives, fireworks.or gunpowder manufacturing;
3. Gasoline, naphtha or petroleum refining;
4. Gelatine, glue or sizing manufacturing;
5. Incineration or reduction of dead animals, garbage, offal
or refuse, except in a municipal plant;
6. Pyroxylin manufacturing, manufacturing articles there-
of of storage in excess of five hundred pounds, but not
excluding plastic manufacturing;
7. Any use which would be injurious, obnoxious or offensive
to a neighborhood, by reason of noise, vibration, smoke,
cinders, odor, gas, fumes, dust, chemicals or other objec-
tionable feature, or dangerous to a neighborhood through
fire, explosion or any other cause.
57
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SALEM CITY CODE
Sec. 10. Soil Removal.
Except in the business and industrial districts, no sod, loam, sub-
soil, sand or gravel shall be removed unless such removal is the
normal excavation for a building or structure on the premises, or
for the construction of roads, walks, driveways or parking areas on
the premises, unless permission for such removal is otherwise grant-
ed in writing by the Inspector of Buildings.
Sec. 11. Requirement for garage access.
In the single residence districts and in the general residence
districts, if a garage is not included with any new dweling unit,
sufficient space must be left on one side of the building, a minimum
of ten feet, to provide access for vehicles to a future garage struc-
ture.
Sec. 12. Non-conforming buildings, structures and uses.
A. Any lawful building or structure or use of a building, struc-
ture or premises or part thereof existing at the time of the adop-
tion of this ordinance or any amendment thereof may be continued
although such building,.structure or use does not conform to the
provisions thereof.
B. The Board of Appeal may permit any non-conforming use
in a building to be changed to any specified use not substantially
different in character or more detrimental or objectionable to the
neighborhood.
C. No building which has been damaged by fire or other cause
to the extent of more than two-thirds of its value shall be repaired
or rebuilt except in conformity with this ordinance.
Sec. 13. Public service corporations.
A building used or to be used by a public service corporation
shall be exempted from the provisions of this ordinance as to its
situation if, u petition of the corporation, the
s Pon a P P � Department of
Public Utilities shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably
necessary for the convenience or welfare of the public.
58
- ZONING ORDINANCE
Sec. 14• District boundaries.
The location of the boundary lines shown upon the zoning map
which accompanies and is a part of this ordinance shall be deter-
mined as follows:
A. Where a district boundary line divides any lot existing at the
time such line is adopted, the regulations for the less restricted
portion of such lot shall extend not more than thirty feet into the
more restricted portion, provided the lot has frontage in the less
restricted district.
B. Where the boundary lines are shown approximately on the
location of the property or lot lines, and the exact location of such
boundary lines is not indicated by means of figures, distances, or
otherwise, then the property or lot lines shall be the boundary lines.
C. Boundary lines located outside of street lines and shown
approximately parallel thereto, shall be regarded as parallel to
such street lines; and figures placed upon the map between such
boundary lines and the street lines shall be the distances in feet
of such boundary lines from the street lines, such distances being
measured at right angles to the street lines unless otherwise indi-
cated.
D. In all cases which are not covered by the provisions of this
section, the location of boundary lines shall be determined by the
distances in fact, if given, from the other lines upon the map, or,
if distances are not given, then by the scale of the map.
E. Wherever any uncertainty exists as to the exact location of
a boundary line, the location of such line shall be determined by
the Inspector of Buildings.
Sec. 15. Definitions.
Unless otherwise specifically provided, words and terms used in
this ordinance shall be construed as defined or used in the building
code of Salem. The following terms, when used in this ordinance,
shall have the meanings respectively given them:
1. Structure. A structure is a combination of materials, whether
above or under ground, assembled at a fixed location to give sup-
port or shelter.
59
SALEM CITY (MODE '
2. Dwelling. A dwelling is any building or portion thereof
above mean ground level, except a hotel, which is occupied in whole
or in part as the home or residence of one or more persons, either
permanently or transiently.
3. Building. A building is a combination of any materials,
whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property.
4. Apartment House. An apartment house is a building in-
tended for or designed for, or used as, the home or residence of
three or more families, living independently of each other and in
which cooking is done in the various apartments. .
5. Hotel. A hotel is a building in which persons are lodged for
hire and in which there are more than forty rooms, a public dining
room for the accommodation of at least forty guests and a general
kitchen.
6. Private Garage. A private garage is a building or structure,
or part thereof, in which one or more motor vehicles, belonging to
not more than two persons, one of whom at least is the owner or
tenant of the premises, one of which motor vehicles may be a com-
mercial vehicle of not more than one and ane-half tons weight or
capacity, are kept solely for the private or professional use of their
owner and in which garage no space is rented out for a commercial
vehicle nor to more than one person other than the owner or a
tenant of the premises.
7. Group Garage. A group garage is a building or structure,
or part thereof, other than a private garage, or a group of private
garages or other buildings or structures, in which motor vehicles
are stored and taken care of by their respective owners, who are
either owners or tenants of the space in which their motor vehicles
are stored, all of which motor vehicles being solely for the private
or professional use of their owners, no person storing more than
one commercial vehicle in the space which he owns or rents, nor
a commercial vehicle of more than one and one-half tons weight
or capacity, nor one owned by anyone except himself.
8. Business Garage. A business garage is a building or struc-
ture, or part thereof, in which one or more motor vehicles, belong-
ing to the owner or a tenant of the premises, are kept for the use
60
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1
ZONING ORDINANCE
of such owner or tenant, for the carrying of loads other than pas-
sengers for profit, for any work in connection with the business of
the owner of such motor vehicles, which may be kept for sale, for
exhibition or demonstration purposes, but not for hire. A sales-
room or showroom for motor vehicles in which any vehicle is kept
with gasoline in its tank shall be regarded as a business garage, and
also any building in which motor vehicles are kept in dead storage
for profit.
9. Public Garage. A public garage is any building or structure,
or part thereof, in which motor vehicles are kept in live storage for
profit, for the carrying of passengers for profit, for hire, or for any
other purpose not included in the definition of a private garage,
group garage or business garage.
10. Gasoline Filling Station. A gasoline filling station is a
building or structure, or part thereof, used in connection with
tanks, pumps and other appliances, for supplying motor vehicles
with gasoline, compressed air, oil, water and similar supplies, but
not for the purpose of making repairs.
11. Service.Station. A service station is a building or structure,
or part thereof, used for supplying accessories to or parts of motor
vehicles, for profit, with facilities for making minor changes and
repairs to motor vehicles.
12. Motor Vehicles Repair Shop. A motor vehicle repair shop
.is a building or structure, or part thereof, in which major struc-
tural repairs are made to motor vehicles, or a repair shop in a
garage or other building or structure in which heavy machinery is
used.
13. Non-Conforming Building or Structure. A non-conforming
building or structure is a building or structure the use of which,
in whole or in part, does not conform to the use regulations of the
distr-ct in which the building or structure is located.
14. Non-Conforming Use. A non-conforming use is a use in
any building or structure which does not conform to the use regu-
lations of the district in which such use exists.
Sec. 16. Execution.
The Inspector of Buildings shall execute the provisions of this
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SALEM CITY CODE
ordinance, except when otherwise provided, and, in so doing, shall
have the same powers as are provided for the execution of the
Building Ordinance. He shall issue no permit for the construction,
alteration, enlargement, reconstruction, moving, raising up, or use
of any building or structure, or part thereof, which would be in
violation of any of the provisions of this ordinance.
Sec. 17. Board of Appeal.
A. Any person aggrieved by the refusal of the Inspector of
Buildings to issue a permit on account of the provisions of this
ordinance, or any person who is aggrieved by this issuance of a per-
mit or by any decision, ruling or order of the Inspector of Build-
ings, may appeal to the Board of Appeal within ten days from the
date of the action appealed from, by giving notice in writing of
the appeal to the Inspector of Buildings and the Board of Appeal.
After notice given to such persons as the Board shall order, a hear-
ing shall be held, and the Board shall affirm, annul or modify such
refusal, decision, ruling or order of the Inspector of Buildings.
B. The Board of Appeal may vary the application of this ordin-
ance in specific cases where its enforcement would involve practical
difficulty or unnecessary hardship and wherein desirable relief may
be granted without substantially derogating from the intent and
purpose of the ordinance, but not otherwise. No such variance
shall be authorized except by the unanimous decision of the entire
membership of the Board, rendered upon a written petition ad-
dressed to the Board, and after a public hearing thereon of all
property deemed by the Board to be affected thereby as they appear
on the most recent tax list, and also advertised in a newspaper pub-
lished in the City of Salem. The Board shall cause to be made
a detailed record of all its proceedings relative to such petition,
which record shall be filed in the office of the City Clerk and shall
be open to public inspection, and notice of such decision shall be
mailed to each party in interest as aforesaid. The Board of Appeal
may permit in a single residence district, under the provisions of
this paragraph, the alteration, enlargement, reconstruction, and
use of a single-family house, existing at the time this ordinance
takes effect, as a residence for not more than two families, pro-
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vided that the Board finds that the original building can no longer
be used at a reasonable expense or at a fair financial return for
a use permitted in the district. The Board may also permit in
a semi-residence or business district the use of a larger floor area
for manufacturing than three thousand square feet, provided that
the Board finds that deprivation of such larger area would involve
practical difficulty or unnecessary hardship, and that the larger
area would not substantially reduce the value of any property with-
in the district nor otherwise be injurious, obnoxious, or offensive
to the neighborhood.
Sec. 18. Repeal or modification.
This ordinance, with all amendments thereto, together with the
boundary lines of the districts and the zoning map, shall not be
repealed or modified except as provided by law.
Sec. 19. Petition and plan for repeal or modification.
A descriptive plot plan shall accompany all petitions to amend
this ordinance for the purpose of changing the boundary lines of
districts as shown on the zoning map. Such plan shall be filed
with the City Clerk and a duplicate copy of such plan shall be filed
with the Planning Board. The plan shall be drawn accurately at
a scale sufficiently large to show clearly the following data: The
metes and bounds of the site; all streets or some other reference
marks; all outstanding topographical features; all abutting lots,
including the names and addresses of the present owners; any
buildings or structures on the site and on abutting property with-
in three hundred feet of the site; and all easements or other restric-
tions on the site. The plan shall be prepared by an engineer; land
surveyor, architect or any other competent person.
Sec. 20. Invalidity.
The invalidity of any section or provision of this ordinance or
of any district or part thereof, as laid down upon the zoning map,
shall not affect the validity of any other section or provision of the
ordinance, or of any other district or part thereof as laid down
upon the zoning map.
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Sec. 21. Penalty for violation.
Whoever violates any provision of this ordinance shall, unless
a different provision is made by statute, forfeit and pay to the use
of said city a sum not exceeding twenty dollars for each offense.
Each day that such violation continues shall constitute a separate
offense.
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Sec. 22. Effective date.
This ordinance shall take effect as provided by the City Charter. '
Attest:
AUGUSTINE J. TOOMEY,
City clerk.
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