A.
Responsibility for compliance.
(1)
No person shall suffer or permit to be used or occupied
as a place of public assembly, and place not constructed, equipped and maintained
in accordance with this article.
(2)
No person shall suffer or permit any place of public
assembly to be occupied beyond its capacity as stated in the certificate of
compliance or the approval of the enforcing authority.
B.
Approval of plans.
(1)
No person shall construct, convert, alter or enlarge
a place of public assembly otherwise than in accordance with plans and specifications
previously approved by the Commissioner, or, where there is a local enforcing
authority, by such authority. Plans for tents used as places of public assembly
for over 300 persons and not permanently located shall be approved as above
required at least once per year prior to the erection of such tents in New
York State.
(2)
Plans and specifications for approval must be prepared
by a licensed professional engineer or registered architect and must be submitted
in triplicate. Plans must be drawn to scale and shall include a plot plan
showing the location of the lot, the structure in which the place of public
assembly is located, the relation to grade, adjoining streets, courts, alleys
or buildings, the North point, the proposed construction and the location
of existing and proposed exits.
(3)
With such plans there must also be submitted when requested
a statement signed by a licensed professional engineer or registered architect,
to the effect that such measurements, observations, calculations and tests
have been made as are necessary to determine the bearing power of the soil
and the safe live, dead, snow and wind loads for all structural members, and
that the plans and specifications have been prepared in accordance therewith.
Copies of computations, when requested, must also be provided.
C.
Notice to enforcing authority. Upon completion of the
construction of any place of public assembly, the owner or his agent shall
notify the enforcing authority in writing that the place is ready for inspection
to determine whether it conforms to the law and this article before it is
used for assembly purposes, except that in the case of tents, bleachers and
other similar temporary places of public assembly, such notice may be given
orally.
D.
Certificate of compliance. No permanent place of public
assembly shall be opened for public use unless a certificate of compliance
is posted as required by § 473 of the Labor Law and no temporary
place shall be opened for public use unless prior approval has been granted
by the enforcing authority.
For the purpose of this article, the terms used herein are defined as
follows:
In compliance with a subsisting resolution of approval adopted by
the Board.
The people occupying a place of public assembly.
Any building or part of a building used or designed as a place of
public assembly other than a theater.
That portion of a building occupied by an audience or gathering of
persons.
The first seating tier above the main floor; also means the open
air portion of a horizontal exit. See "horizontal exit."
The Uniform Code Board of Review.
[Amended 4-9-1984 by L.L. No. 4-1984]
In respect to a place of public assembly, the maximum number of persons
who may lawfully assemble therein.
The Industrial Commissioner of the State of New York.
An unoccupied, unobstructed space, open for its entire area to the
sky and maintained at all times available as an escape route from the place
of public assembly.
The official charged in a specific case with the enforcement of this
article pursuant to § 472 of the Labor Law.
Constructed as, or converted to, a place of public assembly prior
July 1, 1957.
Any means of egress from a room, tier, building or other occupied
area.
A door installed in an exitway.
A complete way of passage from an exit to a public street, road or
other acceptable open area. It includes all doorways, hallways, passageways
and courts which occur in its course.
An approved fire-resistive door, together with its frame and hardware.
As applied to buildings, construction prescribed as fireproof or
fire-resisting by the Industrial Code Part (Rule No.) 7 relating to fire-resistive
construction.
A term referring to the degree of resistance to the passage of fire
or heat, or to their effects, provided by various materials and methods of
construction as determined and set forth in the Industrial Code Part (Rule
No.) 7 and expressed in units of time.
A wall which complies with the requirements for a fire wall of the
Industrial Code Part (Rule No.) 7.
A stationary or self-closing window which has a fire-resistance rating
of at least 3/4 of an hour approved in accordance with the requirements of
the Industrial Code Part (Rule No.7). Where a moving sash is used, such window
shall close automatically by the action of a heat-actuated device or other
approved means of effecting closure.
As applied to solids, materials which will ignite and continue to
burn when brought in contact for a short time with an open flame, such as
a match flame, or when in contact with glowing materials; as applied to liquids,
any liquid having a flash point of less than 200° F.
The area open to the public between the lobby and the auditorium.
Any seating tier above the balcony.
The ground surface, however finished, adjacent to an exterior doorway.
An enclosed corridor leading to a required exit.
Clear space measured vertically from walking surfaces.
On or after July 1, 1957.
A way of egress from one separate floor area to another on substantially
the same level, through or around separating fire walls, exterior walls or
party walls by means of protected doorways or exterior balconies or bridges.
Any material which will not ignite or actively support combustion
during an exposure of not less than five minutes to a temperature of 1,200°
F.
An area or space in which cooking equipment, other than hot plates,
coffee urns, toasters and similar equipment, is used.
An enclosed area or space directly accessible from the main entrance
or main entrance vestibule.
That which is directly entered upon through the main or principal
entrance to the place of assembly.
A theater used primarily for the showing of motion pictures.
Constructed or converted to public assembly use on or after July
1, 1957.
An enclosed corridor connecting a required exit with a street or
with an open area affording unobstructed passage to a street, but shall not
include a lobby.
The wall separating the auditorium from the stage and including the
stage opening.
A building containing a place of public assembly.
A street, road or an open space not less than 15 feet wide leading
to a street or road.
Includes all stairway, elevator and dumbwaiter shafts, vent and light
shafts, pipe and duct shafts, hoistways and all other vertical openings leading
from one floor to another.
A seating arrangement where the rows of seats are on steps extending
upward from the floor of the auditorium with no other tier beneath them.
A permanent raised platform designed and used for presenting theatrical
and operatic performances involving changes of scenery in the course of a
performance.
A street, road or public highway.
As applied to structures, a structure which is not intended for over
21 consecutive days' use in any one location.
A building or part of a building used for public presentation of
theatrical, operatic, motion-picture or similar performances or exhibitions.
The main floor, mezzanine, loge, balcony, gallery or other similar
level in the auditorium on which seats are provided for the audience.
A building in which the structural parts and materials are principally
of wood or other combustible materials or are dependent upon a wood frame
for support, including construction having incombustible veneer or an incombustible
covering.
[Amended 4-9-1984 by L.L. No. 4-1984]
No provision of this article shall limit the power of the Board to approve,
disapprove or revoke approval of devices or materials. An approved device
or material of a class or designation required by this article shall constitute
a device or material in compliance with this article, any provision of this
article or any other part (rule) of the Industrial Code and the State Uniform
Fire Prevention and Building Code notwithstanding.
If any provision of this article or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this article which can be given effect without the invalid
provisions or application, and to this end, the provisions of this article
are declared to be severable.
A.
Application. The provisions of § 113-79 apply to all structures containing or constituting places of public assembly. They are applicable to existing and new structures unless otherwise herein specifically stated, to conform to the State Uniform Code, Chapter B, Article 5, Space and Fire Safety Requirements, General Building Construction, or the Town of Hamburg Code, whichever is more stringent.
[Amended 4-9-1984 by L.L. No. 4-1984]
B.
Capacity.
(1)
Capacity, as determined by this section, shall be used
as the basis for computing the required width and number of exitways.
(2)
The capacity of every place of public assembly shall
be the sum of all component capacities listed below which are pertinent. Where
capacity is determined on the basis of area, the area to be considered shall
include those spaces generally used or occupied by the public for public assembly
purposes and shall not include such spaces as toilets or utility or locker
rooms.
(a)
Seats secured or designed to be secured to the floor:
total of all.
(b)
Benches: one person to each 18 inches of length unless arms are used between seats, in which case Subsection B(1) shall apply.
(c)
Portable seats: one person to each six square feet of
floor area, aisles included.
(d)
Standing room: one person to each three square feet of
floor area permitted to be occupied as such.
(e)
Waiting space: one person to each three square feet of
floor area other than standing room, which is designated to be occupied by
persons waiting for seats to become available.
(f)
Bowling alleys: each bowling alley, including 15 feet
of runway, shall be assumed to have an occupancy of five persons. Seats provided
for the exclusive use of bowlers shall not be considered in determining capacity.
(g)
Billiard room: one person to each 50 square feet of the
area so occupied.
(h)
Skating rinks: one person to each 25 square feet of the
area occupied by skaters, plus standing room and seating capacity as set forth
above.
(i)
Indoor amphitheaters: the maximum occupancy permitted
upon the floor of the arena at any time, plus standing room and seating capacity
outside of the arena as set forth above.
(j)
Any tier, floor or portion of a place of public assembly
used as a dining room, lounge, smoking room, promenade, dance floor or for
any similar purpose not specifically classified herein: one person for each
10 square feet of floor area so used.
(k)
When a place of public assembly is intended for multiple
use, the classification yielding the greatest calculated occupancy shall be
used to determine the capacity. When conditions of a particular use contemplate
only partial occupancy of a place of public assembly the enforcing authority
may fix a limited capacity for the particular type of occupancy intended and
shall state this limit on the certificate of compliance.
D.
Exit signs and exit directional signs.
(1)
Signs installed before July 1, 1967. No provision of
this article, as amended, effective July 1, 1967, requires or is intended
to require alteration or replacement of any exit sign, exit directional sign
or wiring for such signs installed prior to July 1, 1967, which comply with
the provisions of this article in effect at the time of its installation or
with a subsisting variation granted by the Board.
(2)
Signs installed on or after July 1, 1967. Every exit
sign and exit directional sign installed on or after July 1, 1967, shall comply
with the following provisions:
(a)
Exit signs.
[1]
Approval required. Any exit sign installed after November
1, 1967, shall be approved.
[2]
Where required. Exit signs visible from the normal path
of approach to every required exit shall be provided in all places of public
assembly to which this article applies.
[3]
Location of sign. An exit sign shall be provided for
each required exit doorway or equivalent opening forming part of an exit and
shall be installed with the lower edge of the sign at a point not more than
eight feet above the floor level at the opening and on the vertical center
line of the opening or group of openings. Exception: Only one exit sign shall
be required for a group or series of not more than four openings where the
openings adjoin each other or are spaced not more than one foot apart. Where
there are more than four openings in a group or series, two exit signs shall
be installed at points which are located at a distance from each end equal
to 1/4 of the total width of the doorways.
[4]
Mounting. Installation for exit signs shall be parallel
to the wall surface over the opening and either mounted directly on the wall
or suspended not more than two feet from the wall, except that where the path
of travel leading to a required exit is such that the exit sign is not readily
discernible due to the angle of approach, the sign shall be mounted perpendicular
to the wall surface.
[5]
Legend requirements. Exit signs shall be inscribed with
the word "exit" in plainly legible block letters. The sign letters shall be
conspicuous, readily discernible and not less than 41/2 inches high with letter
strokes not less than 1/2 inch wide. Exits serving an unpartitioned space
with an area of 20,000 square feet or more shall be designated by exit signs
with letters not less than six inches high and having letter strokes not less
than 3/4 of an inch wide.
[6]
Legend and background colors. Exit sign wording shall
consist of translucent red letters on a translucent or opaque background of
contrasting color, translucent white letters on a translucent red background
or of other colors acceptable as part of an approved sign.
[7]
Visibility. The space within a distance of 25 feet from
which any exit sign may be normally approached and a distance of six feet
each side of such sign shall be maintained free from equipment, furnishings,
decorations or objects, including brightly illuminated signs (for other than
exit purposes), illuminated displays or other illuminated devices or things
which would prevent or impair clear visibility of such exit sign.
[8]
Illumination. Every exit sign shall be illuminated internally
by electrical means from a reliable power source or be illuminated by other
means acceptable as part of an approved sign and shall be kept illuminated
continuously when the building is occupied. When illuminated by electrical
means, signs shall be supplied by an independent circuit or circuits reserved
and used exclusively for the supply of power to such signs. Each sign shall
be directly connected to the circuit without any switches, fuses, plugs or
similar devices. The circuit shall be connected with proper overcurrent protection
and switches to the circuit box distributing power from the generator or public
utility to the building or floor or area of the building. Required illumination
of an exit sign shall be of such intensity that the sign so illuminated will
be clearly discernible from any part of the floor area serviced thereby. Where
incandescent, fluorescent or equivalent lighting is used to illuminate an
exit sign, there shall be in each sign at least two separate light bulbs or
equivalent light sources wired in parallel so that the failure of one light
source will not affect any other.
(b)
Exit directional signs.
[1]
Where required. Exit directional signs shall be provided
and mounted at strategic locations over doorways and in hallways, passageways,
corridors and along other paths of travel which lead to an exit but from which
the exit sign is not visible or readily discernible. In no case shall the
distance between such signs exceed 100 feet and a sign shall be installed
at every major change in direction of the path of travel to an exit.
[2]
Construction and legend. Exit directional signs shall
be constructed of durable wood, metal, plastic or such other material as may
be acceptable to the Commissioner, inscribed with the words "To Exit" or the
word "Exit" with a suitable pointer or arrow indicating the direction of exit;
or such required legend shall be inscribed directly on a wall or other vertical
surface. The letters and symbols shall be red with a white background or white
with a red background, not less than 1/2 inch wide. Exit directional signs
are not required to be illuminated by other than the normal lighting of the
building.
[3]
Mounting. The height of the mounting shall be such that
the sign is readily visible to a person approaching it. Where a directional
sign indicates a major change in direction of the path of travel to an exit,
such sign shall be mounted approximately perpendicular to the approaching
path of travel and be inscribed with the word "exit" with a suitable pointer
or arrow indicating the direction of exit. Where the path of travel does not
change, the exit directional sign shall be mounted over the approximate center
line of the doorway, passageway, hallway or stairway approximately perpendicular
to the path of travel and be inscribed with the words "to exit."
