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for ventilation or by a soapstone or burnt-clay ring not less than one inch in thickness extending through the partition or other woodwork. If any chimney, flue or heating apparatus on any premises shall, in the opinion of the inspector, endanger the premises, the inspector shall at once notify in writing the owner or agent of said premises. If such owner or agent fails for a period of forty-eight hours after the service of said notice upon him to make such chimney, flue or heating apparatus safe he shall be liable to a fine as prescribed in this subchapter.

1905, c. 506, s. 20.

2999. Height of chimneys for foundries. Iron cupola or other chimneys of foundries shall extend at least ten feet above the highest point of any roof within a radius of fifty feet of such cupola or chimney.

1905, c. 506, s. 22.

3000. Steam pipes not placed within two inches of wood. No steam pipes shall be placed within two inches of any timber or woodwork unless the timber or woodwork is protected by a metal shield; then the distance shall not be less than one inch. All steam pipes passing through floors and ceilings or laths and plastered partitions shall be protected by a metal tube one inch larger in diameter than the pipe, and the space shall be filled in with mineral wool, asbestos or other incombustible material.

1905, c. 506, s. 21.

3001. Electric wiring of houses, how done; fees for inspection. The electric wiring of houses or buildings for lighting or for other purposes shall conform to the regulations prescribed by the organization known as National Board of Fire Underwriters. In order to protect the property of citizens from the dangers incident to defective electric wiring of buildings, it shall be unlawful for any firm or corporation to allow any electric current for the purpose of illuminating any building belonging to any person, firm or corporation to be turned on without first having had an inspection made of the wiring by the building inspector and having received from the inspector a certificate approving the wiring of such building. It shall be unlawful for any person, firm or corporation engaged in the business of selling electricity to furnish any electric current for use for illuminating purposes in any building or buildings of any person, firm or corporation, unless the said building or buildings have been first inspected by the inspector of buildings and a certificate given as above provided. The fee that shall be allowed said inspector of buildings for the work of such inspection of elec

trical wiring shall be one dollar for each building inspected, to be paid by the person applying for the inspection.

1905, c. 506, s. 23.

3002. Quarterly inspection of buildings. Once in every three months the local inspector of buildings shall make a personal inspection of every building within the fire limits, and shall especially inspect the basement and garret, and he shall make such other inspections as may be required by the insurance commissioner and shall report to the insurance commissioner all defects found by him in any building upon a blank furnished him by the insurance commissioner.

1905, c. 506, s. 25.

3003. Annual inspection of buildings. At least once in each and every year the local inspector shall make a general inspection of all buildings in the corporate limits and ascertain if the provisions of this subchapter are complied with, and the local inspector alone or with the insurance commissioner or his deputy shall at all times have the right to enter any dwelling, store or other building and premises to inspect same without molestation from any one. 1905, c. 506, s. 29.

3004. Records of local inspectors. The local inspector shall keep the following record: A book indexed and kept so that it will show readily by reference all such buildings as are approved; that is, name and residence of owner, location of building, how it is to be occupied, date of inspection, what defects found and when remedied and date of building certificate; also a record which shall show the date of every general inspection, defects discovered and when remedied; also a record which shall show the date, circumstances and origin of every fire that occurs, name of owner and occupant of the building in which fire originates, the kind and value of property destroyed or damaged; also a record of inspection of electrical wiring and certificate issued.

1905, c. 506, s. 30.

3005. Reports of local inspectors. The local inspector shall report before the fifteenth of May of each and every year the number and dates of general and quarterly inspections during the year ending the first day of April upon blanks furnished by the insurance commissioner, and furnish such other information and make such other reports as shall be called for by the insurance commissioner. 1905, c. 506, s. 31.

3006. Fees of inspector. For every new building inspected the local inspector shall charge and collect an inspection fee before issuing the building certificate as follows: Two dollars for each mercantile store-room, livery-stable or building for manufacturing of one story and fifty cents for each additional story, and for other buildings twenty-five cents per room: Provided, the inspection fee shall in no case exceed five dollars.

1905, c. 506, s. 27.

3007. Ashes, etc., how cared for. Ashes shall be removed in metal vessels and unless moved by city drays shall be stowed in brick, stone or metal receptacle or removed by owner to a place not less than fifteen feet from any wooden building or fence. Oily rags and waste shall be kept in closed metal vessels and shall be removed from building daily. Unslacked lime shall not be left exposed to the weather in or near a building. Stoves or ranges shall not be nearer to unprotected woodwork than two feet and the floors under them shall be protected by metal or sand box.

1905, c. 506, s. 24.

3008. Ordinances not repealed; ordinances passed to enforce the law. No provision of this subchapter shall be held to repeal the power of any incorporated city or town to make and enforce any further rules and regulations under the powers granted in their several charters, and said cities and towns may pass ordinances for the enforcement of any provision of this subchapter.

1905, c. 506, s. 34.

3009. Defects in buildings corrected. Whenever the local inspector finds any defects in any new building, or finds that said building is not being constructed, or has not been constructed in accordance with the provisions of this law, it shall be his duty to notify the owner of said building of the defects or the failure to comply with this law, and the said owner or builder shall immediately remedy the defect and make the said building comply with the law. The owner or builder may appeal from the decision of the local inspector to the insurance commissioner.

1905, c. 506, s. 28.

3010. Unsafe buildings condemned. Every building which shall appear to the inspector to be especially dangerous in case of fire by reason of bad condition of walls, overloaded floors, defective construction, decay or other causes shall be held to be unsafe, and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building. No building now or hereafter built shall be altered until it has been ex

amined and approved by the inspector as being in a good and safe condition to be altered as proposed, and the alteration so made shall conform to the provisions of the law.

1905, c. 506, s. 15.

3011. To what towns applies; how towns exempted; discrimination by insurance companies. This subchapter shall apply only to incorporated cities and towns of over one thousand inhabitants, according to any last United States census. It shall be the duty of the insurance commissioner to send copies of this subchapter to the mayor and chief of the fire department of every city or town affected thereby, and the board of aldermen or commissioners of every such city or town may, before the first day of July, one thousand nine hundred and five, by resolution, exempt such city or town from the operation of this subchapter. Before passing such exempting resolution the said board shall give the insurance commissioner fifteen days' notice of its intention to so exempt such city or town. After the passage of such resolution and filing of a copy thereof with the insurance commissioner such city or town shall be fully and in all respects exempt from the operation of this subchapter. The insurance commissioner shall cause a certified copy of this subchapter to be mailed to the mayor or chief officer of every city or town in this state to which it may apply within thirty days after its ratification, and it shall be unlawful for any insurance company to make any discrimination in rates or otherwise against any city or town which shall exempt itself from the provisions of this subchapter.

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3012. Trademarks, labels, etc., filed for registry. It shall be lawful for any person to adopt for his protection and file for registry, as in this chapter provided, any label, trademark, term or design that has been used or is intended to be used for the purpose of designating, making known or distinguishing any goods, wares, mer

chandise or products of labor that have been or may be wholly or partly made, manufactured, produced, prepared, packed or put on sale by any such person, or to or upon which any work or labor has been applied or expended by any such person, or by any member of any corporation that has adopted and filed for registry any such label, trademark, term or design as aforesaid, or announcing or indicating that the same have been made in whole or in part by any such person or corporation, or by any member thereof.

1903, c. 271.

3013. Property rights protected by filing for registry. Whenever any person shall adopt and file for registry any label, trademark, term or design pursuant to the provisions of this chapter, the property, privileges, rights, remedies and interests in and to any such label, trademark, term or design, and in and to the use of same, provided or given by this chapter to, or otherwise conferred upon or enjoyed by, the person filing the same for the registry, shall be fully and completely secured, preserved and protected as the property of those entitled to the same before any such label, trademark, term or design has been actually applied to any goods, wares, merchandise, or product of labor, and put upon the market for sale or otherwise, and before any use or appropriation of any such label, trademark, term or design has been made in connection with any such goods, wares, merchandise or product of labor, as well as after the same has been used or applied to designate, make known or distinguish any such goods, wares, merchandise, or product of labor and they have been put upon the market.

1903, c. 271, s. 2.

3014. Filed with secretary of state; affidavit; fees. Any person who has heretofore adopted and used, or shall hereafter adopt and use any label, trademark, term or design, as in this chapter provided, may file the same for registry in the office of the secretary of state, by leaving two copies, fac similes or counterparts thereof, with the said secretary, and filing therewith a statement in the form of an affidavit, subscribed and sworn to by any such person, or by any officer, agent or attorney if a corporation, specifying the person by whom any such label, trademark, term or design is filed, and the class or character of the goods, wares, merchandise or products of labor to which the same has been, or is intended to be appropriated or applied, and that the person so filing the same has the right to the use of the said label, trademark, term or design, and that no other person, firm or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, without the permission or authority

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