Building and Health Codes

Initially, housing activists were often convinced that building code enforcement was the answer to better housing for the poor. "The solution of the housing problem," Veiller wrote, "is to be found chiefly in legislation preventing the erection of objectionable buildings and securing the adequate maintenance of all buildings."^[18] As part of the general implementation of codes, regulation writers attacked fundamental problems of hotel safety and sanitation: firetraps, dark rooms, inadequate plumbing, and insufficient ventilation (fig. 8.5). An entire system of codes had to be implemented. After initial passage of the ordinance came the training of staff to review plans, inspectors to check construction of new buildings, and often another set of inspectors to find later management violations.

San Francisco's earliest attempts to regulate hotels and lodging houses began in 1870 with an ordinance requiring sleeping rooms with at least 500 cubic feet of air space for each lodger; the state passed a similar ordinance in 1876. These laws were primarily aimed at the dwellings of single Chinese laborers. A Sacramento newspaper editor protested the discrimination, asking, "What better right has a Chinaman than a white man to be ventilated?"^[19] However, enforcement was used not for environmental improvements but mostly for racial harassment. By the turn of the century, an occasional health inspector did invoke the 1876 law for the worst white lodging houses. San Francisco's other early hotel ordinances were concerned less with health and safety and more with licenses and fees, that is, until the 1906 earthquake and fire.^[20] In the first year following the fire, the corrupt administration of boss Abe Ruef and Mayor Eugene Schmitz allowed almost any rebuilding scheme, which outraged reformers. In a political backlash of 1908 and 1909, activists rewrote the city plumbing and building

Figure 8.5
Heating stove in the hallway of a cheap hotel, Dubuque,
Iowa, 1940. Code enforcement worked to eliminate
hazards such as stoves which blocked access to fire exits.

laws. For the first time, health inspectors had the power to close non-conforming buildings. Also for the first time, San Francisco building owners experienced serious code enforcement; in 1909, the permit office rejected 75 percent of all the applications submitted. The single section of the new city building codes aimed specifically at hotels allowed cubicle-type rooms only in the most permanent and fireproof buildings; new, large, hastily constructed wooden lodging houses were outlawed.^[21]

All subsequent hotel code restrictions came from the state. In 1909, California's legislature approved the first state housing law, a virtual carbon copy of the tenement code Veiller had written for New York City. California housing activists were not happy; they said legislators had been duped by the state's builders into allowing the densities of six-story Manhattan-style tenements when such buildings had not yet appeared in California cities.^[22] The only mention of hotels in the 1909 state law was a significant "stables/lodging houses/rag storage" clause copied from Veiller:

No horse, cow, calf, swine, goat, rabbit, or sheep, chickens, or poultry shall be kept in a tenement house, or within 20 feet thereof on the same lot, and no tenement houses or lot or premises thereof, shall be used for a lodging house , or stable, or for the storage or handling of rags.^[23]

Like Veiller, the California legislature had classified cheap hotels along with cattle and volatile rags as a prohibited nuisance use.

In 1913, prompted now by Lubin and his CIH experts in Governor Johnson's reform administration, state officials passed a short seven-page act specifically regulating hotels and lodging houses. The provisions of this act and other early actions show that the CIH, compared to its eastern counterparts, more actively included hotels in the public vision of housing. The CIH included officials from hotel organizations in their deliberations; they warned the city officials of Stockton, California, that they should supervise the construction of hotels as well as tenements or else slums would spring up. The first CIH housing survey included twenty-nine cheap lodging houses along with an area of immigrant cottage tenements.^[24]

In 1917, the CIH pushed the legislature further. The state passed a trio of housing acts: a single dwellings act, a new tenement house act, and a comprehensive hotel and lodging house act that was very innovative. The new hotel act was thirty-nine pages—matching in detail the forty-one-page tenement act. The CIH properly crowed that its hotel law was "the most comprehensive in the U.S."^[25] The Californians were breaking with standards automatically imported from elsewhere and were responding to local conditions with local ideas. This experiment in regional diversity would prove to be relatively short-lived.

Laws of other states had stronger details, but in its general conception, California's 1917 hotel act showed the framers' close familiarity with cheap hotel life. They allowed existing cubicle rooms to remain, and they included guidelines for open dormitory rooms; however, they outlawed new cubicle hotels.^[26] Most important, the act set lasting bath-to-room ratios for the cheapest lodging houses: a separate water closet and shower on each floor for each sex, at the minimum ratio of 1 per 10 rooms or guests. Owners of existing hotels had to bring their toilet room ratios up to 1 to 12. These were strict requirements for the times. San Francisco's old requirements had been a ratio of 1 toilet room to 25 guests; New York required 1 water closet per 15 beds. The California hotel code matched the minimum window areas, room sizes,

Figure 8.6
Window well in a San Francisco hotel built
to the city's 1909 codes. Later state housing
acts forbade narrow air wells like this one
at the National Hotel, a large rooming
house on Market Street.

Figure 8.7
An imposing inexpensive hotel on two lots
next to smaller downtown rooming houses.
The scale of San Francisco's 82-room
Hillsdale Hotel, built in 1912 on Sixth Street
in the South of Market, was the wave of
the future for this building type.

and floor area per occupant in concurrent tenement house standards (fig. 8.6). In the new tenement act, the CIH had also rewritten Veiller's "stables/lodging houses/rag storage" clause so that it no longer included lodging houses as a nuisance use.^[27]

The new California housing codes also worked for greater separation of people within more specialized rooms. Hotels and apartments were to have separate toilets for employees and guests. The 1917 code also contained this language about the separation of cooking and sleeping:

Food shall not be cooked or prepared in any room except in a kitchen designed for that purpose. Floors of kitchens and rooms in which food is stored shall be made impervious to rats by a layer of concrete . . . or a layer of sheet tin or iron or similar material.^[28]

Local housing inspectors later had inspection forms listing "cooking and sleeping in the same room" as a violation category along with infractions such as "undersize rooms," "overcrowding," and "insufficient toilets." Kitchen measures like these were aimed at illegally sub-

divided houses and other light housekeeping rooms whose owners avoided inspection by not declaring cooking uses. Unbending rules on separate kitchens would become a major hurdle for the maintenance of hotel life after World War II.^[29]

State housing inspectors kept up the code pressure on cheap hotels. Of the total inspections made in California cities in 1918, miscellaneous dwellings (largely shacks) required 26,000 inspections. More hotels were inspected (6,900) than tenements and apartments (5,900). By the 1920s, local San Francisco authorities had established a separate department of hotel and apartment inspection.^[30]

Building codes had more specific effects than moral codes. For existing California hotels, code enforcement often raised rents but also spurred significant improvements for residents. As full-scale building inspection in San Francisco began in the 1920s, inspectors could—and did—push landlords to provide more livable amounts of ventilation and plumbing. Surviving records suggest that by 1930 even landlords like Edward Rolkin had brought their cheapest lodging houses close to the toilet and sink codes, even if the hotels did not benefit from regular cleaning.^[31] For the rooming house rank, codes tacitly encouraged San Francisco speculators to provide larger, more prominent buildings (fig. 8.7). In 1910, small rooming houses with 15 to 40 rooms in a three-story walk-up building outnumbered larger rooming house buildings three to one. By 1930, three-fourths of the rooming house rooms in San Francisco were in large five- and six-story buildings with 70 to 160 rooms and elevator service. Along with efforts to reduce management costs and use more efficient mechanical systems, codes played an important part in this jump in scale (fig. 8.8). The larger light wells and more complicated plumbing also made the new, more specialized rooming houses less likely to be converted to commercial uses without substantial waste and unrentable space.

The more expensive hotels in San Francisco already had standards far above the code minimums. Thus, owners of the better hotels had little to fear from city housing inspectors, except for permanent guests who kept trying to cook in their rooms. One change seemingly a result of the 1917 codes was the end of California experiments with buildings that mixed rooming house units in apartment buildings. One such structure had thirty-six rooms with baths down the hall (all in the back of the building) and forty-five full-fledged apartments.^[32]

Figure 8.8
Typical sizes of rooming houses before and after effective building code
enforcement in San Francisco. Right , a 26-room structure built in 1910 with small air
shafts; left , a 157-room structure built in 1915 with the required larger air shafts.

Except in rare condemnation cases, building and sanitation codes controlled hotels but did not eliminate them from the housing stock. Research on Chicago has shown that codes enforced there in the 1920s made new cheap lodging houses unprofitable—thus retarding new construction of such hotels.^[33] In San Francisco, the hotel supply was already plentiful and probably overbuilt after World War I. These uneven results of code regulation discouraged even Veiller. He wanted more of the city to be rebuilt, not just brought up to code minimums. More than once he expressed a wistful desire that New York "might be purified by fire, and that whole sections might be thus destroyed."^[34]

Veiller's influence, along with his National Housing Association's focus on codes, waned in the 1920s. Codes were seen less as primary tools of social and cultural control and more as assurance for mortgage lenders and insurance agents. In other city departments, however, planners had been hammering out a way not simply to control the present but to control the future of the whole city.