[HISTORY: Adopted by the Village Board of Trustees of the Village
of Pleasantville 12-14-1981 by L.L. No. 5-1981
as Ch. 37 of the 1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Public Safety Occupancy
Law of the Village of Pleasantville."
It is the intent of this chapter to prescribe space requirements consistent
with state and national standards recognizing good practice from the hazards
of overcrowding, which is injurious to life or property in the use or occupancy
of buildings or places where the public gathers or assembles.
[Amended 4-28-1997 by L.L. No. 4-1997; 9-27-2004
by L.L. No. 11-2004]
The owner or occupant of any place where the public gathers in a place
of assembly shall not permit, allow or suffer the total number of persons
at any one time to be in such a number so as to constitute a threat or danger
to public health, safety or welfare. All such places shall have necessary
fire exits properly designated and in compliance with and as required by the
New York State Uniform Fire Prevention and Building Code Administration and
Enforcement Law and all accepted standards.
A place of assembly as defined herein shall not be maintained, operated
or used as such without a permit from the Building Inspector, except that
no permit shall be required for any place of assembly when used as a place
of religious worship.
As used in this chapter, the following terms shall have the meanings
indicated:
A room or enclosed space used for gathering together of 25 or more
persons in commercial places of assembly and 75 or more persons in noncommercial
places of assembly. Such room or space shall include any similarly occupied
connecting room or space in the same story or in a story or stories above
or below where entrance is common to the rooms or spaces.
An owner or operator shall not permit overcrowding or admittance of
any person beyond the approved number of occupants in any place of public
assemblage.
The following safety regulations shall apply to business, mercantile,
industrial, assembly and institutional buildings:
A.
Posting of occupancy limits.
(1)
The Building Inspector shall determine the maximum number
of occupants permitted in each place which is subject to this chapter and
shall cause signs to be posted in such place in conspicuous locations designated
by him or her stating the maximum number of persons permitted to occupy such
place at any one time. The owner or occupant of such place shall cause said
signs to be posted at the locations designated by the Building Inspector at
all times.
(2)
The Building Inspector shall have the right, from time
to time, to enter any place which is subject to this chapter and to inspect
the same in order to determine whether there is an violation thereof.
(3)
When it is determined that a violation of any provision
of this chapter has taken place, the owner, proprietor or his or her employees
will be charged separately for each offense in excess of the established maximum
capacity.
B.
Maintenance of passageways, etc. All doors, aisles and
passageways within and leading into or out of places of assembly shall be
kept free from obstructions of any kind which may delay or impede the exit
of the patrons, audience, congregation or assemblage, etc. Clear passage must
be maintained for a reasonable distance outside the exits of the referenced
buildings.
C.
Obstructions prohibited. No aisle, passageway or stairway
in any store, office, plant or factory shall be obstructed with tables, showcases,
racks or other obstruction during hours the same is open to the public.
D.
[1]Fire extinguishers. Any room or hall used for public meetings or
entertainments shall be equipped with no fewer than two standard-sized two-and-one-half-gallon
fire extinguishers of a type approved by the Village Board of Trustees or
its designated representatives.
[1]
Editor’s Note: Former Subsection D, Exits; directional signs,
was repealed 9-27-2004 by L.L. No. 11-2004. This local law also redesignated
former Subsection F as Subsection D.
E.
[2]Blocking of fire escapes, etc. No person shall place, block or
impede in any manner whatsoever any fire escape, balcony or ladder intended
as a means of escape from fire. It shall be the duty of each member of the
Police and Building Departments and each official or employee who shall discover
any such condition to report that condition forthwith to the Building Inspector,
who shall immediately notify the occupant to eliminate such condition. It
shall be the duty of the Chief of Police to furnish assistance in the enforcement
of the provisions of this section and to direct and require police officers
to enter all places of assembly for such purposes.
[2]
Editor’s Note: Former Subsection E, Lighting, was repealed 9-27-2004
by L.L. No. 11-2004. This local law also redesignated former Subsection G
as Subsection E.
A.
Compliance with Education Law. All private, parochial,
nursery schools and other educational institutions shall conform to the Education
Law as it pertains to that particular school or institution.
B.
Annual fire inspection. The owner, director or person
in charge of such school or institution shall make available to the Building
Inspector a copy of the annual fire inspection which is required by the Education
Law.
C.
Compliance with this chapter. In addition, schools, institutions,
etc., shall comply with all other pertinent regulations set forth in this
chapter.
At any gathering, whether in a building, structure or enclosure, there
shall be provided toilet facilities sufficient to accommodate the number of
persons present, but in no event shall there be fewer or less than one toilet
per each 75 persons to be permitted in attendance.
[Amended 4-28-1997 by L.L. No. 4-1997; 9-27-2004
by L.L. No. 11-2004]
Floor area requirements shall be as set forth in the New York State
Uniform Prevention and Building Code Administration and Enforcement Law and
all accepted standards.
[Amended 4-28-1997 by L.L. No. 4-1997]
Each place described above or wherein the public gathers shall post
in each room or area, in a conspicuous location in full view of the entrance
into such area or room, a sign provided by the village stating the lawful
occupancy of the room or area. The Building Inspector shall prescribe and
determine the number of persons who may lawfully occupy such area and issue
a certificate stating such number which shall be kept on the premises and
be available for inspection at all times.
At all times, at any gathering, no person or persons shall be allowed
to block, impede access to or prevent access to exits, whether they are emergency
exits or other type exits.
All owners, lessees, sponsors or persons in charge shall be responsible
to provide and maintain clear, unimpeded access to all exits.
This chapter shall be enforced by the Village Building Inspector or
the police, who shall have access to such places to enforce this chapter.
[Amended 4-22-1985 by L.L. No. 8-1985; 4-28-1997
by L.L. No. 4-1997]
A violation of this chapter shall be punishable by a fine of not more
than $500, imprisonment for not more than 15 days, or both such fine and imprisonment.
