[HISTORY: Adopted by the Board of Trustees of the Village of Valley Stream 7-7-1980 by L.L. No. 2-1980.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 3.
Electrical Code — See Ch. 23.
Fire prevention — See Ch. 31.
Memorial Day — See Ch. 53.
Peace and good order — See Ch. 59.
Plumbing Code — See Ch. 63.
Property maintenance — See Ch. 64.
Shows — See Ch. 70.
Signs and advertisements — See Ch. 72.
Sunday baseball — See Ch. 82.
Theaters — See Ch. 89.
Zoning — See Ch. 99.
[1]
Editor's Note: This local law also repealed former Ch. 66, Public Assembly, adopted as follows: Article I, 8-24-1936 by Ord. No. 28; Art. II., 8-24-1936 by Ord. No. 29.
As used in this chapter, the following terms shall have the meanings indicated:
EATING PLACE
Any restaurant, banquet hall, cafeteria, coffee shop, diner or other place where food is served.
PLACE OF PUBLIC ASSEMBLY
A room or space which is occupied by 75 or more persons and which is used for educational, recreational or amusement purposes, and shall include but not be limited to assembly halls in school structures, dance halls, cabarets, nightclubs, restaurants, any room or space used for public or private banquets, feasts, socials, card parties or weddings, lodge and meeting halls or rooms, skating rinks or gymnasiums.
The following regulations are applicable to all public assembly and/or eating places.
A. 
Where a certificate of compliance showing the permissible capacity is issued by the Superintendent of Public Works of the Village of Valley Stream, it must be conspicuously posted to public view and readily available to the Fire Inspector or Building Inspector.
B. 
Total legal capacity in number of persons shall be posted by the owner or occupant in a size and color as recommended by the Building Inspector or Fire Inspector.
C. 
Where no such certificate is issued or available, the capacity of the premises shall be based on the following square-foot allowance per person:
(1) 
Seated at tables or booths of the dining area: 15 square feet.
(2) 
Standing and waiting: three square feet.
(3) 
Seated at bars and counters: six square feet.
(4) 
Seating area only, within a space: six square feet.
(5) 
Entire space in which seats are located: 10 square feet.
(6) 
Dance halls, restaurants, lodge rooms: 15 square feet.
(7) 
Classrooms: 20 square feet.
(8) 
Courtrooms, lecture rooms, waiting rooms, reading rooms and laboratories: 40 square feet.
(9) 
Billiard rooms, bowling alleys, golf schools and archery ranges: 50 square feet.
(10) 
Other spaces: 40 square feet.
The minimum number of exits shall be as follows:
A. 
For 300 persons or fewer: minimum of two exits.
B. 
For 300 to 600 persons: minimum of three exits.
C. 
For 600 to 1,200 persons: minimum of four exits.
A. 
Exits must be as remote from each other as possible.
B. 
On the grade floor, the distance to any exit shall not exceed 100 feet for buildings erected on and after July 1, 1957; for buildings erected before July 1, 1957: 125 feet.
C. 
Above and below the grade floor, the distance to any exit shall not exceed 100 feet if unsprinklered and 150 feet if sprinklered.
The number and width of doors and stairways shall be determined by the capacity of the places, floors or tiers they serve.
A. 
No single exit door shall be less than 40 inches in width in new construction or 36 inches in existing construction, except that individual doors in double doors or banks of doors shall be not less than 24 inches in width in new construction and 22 inches in existing construction.
B. 
The capacity of doorways shall be based on 50 people per foot of door width.
C. 
Only 50% of the width of the main entrance door or doors may be used in figuring capacity.
A. 
No stairway shall be less than 44 inches in width in new construction and 36 inches in existing construction.
B. 
The capacity of stairways shall be based on 60 people for each 22 inches of width in new construction and 50 people per foot in existing construction.
Every door serving a means of exit shall swing in the direction of egress.
No exit door shall be locked, bolted or otherwise fastened, except by locking devices approved by the Building Inspector. When the premises are occupied, the door must be openable from the inside by pressure on the door or on an approved panic release device.
No aisle shall be less than 36 inches in width. Aisles leading to an exit shall be equal in width to the exit, except in theaters and schools.
Required exits shall not lead through a kitchen, serving pantry, boiler room, storage room or other place of similar hazard.
A. 
A clear and unobstructed passageway leading to a street or open area, passage or court shall be provided, and there shall be no parking of motor vehicles within 20 feet from the exit of such passageway.
B. 
The exterior of exits and exitways shall be provided with illumination providing a light intensity of a twenty-five-watt bulb or more while the premises are occupied after dark.
Internally illuminated exit signs shall be provided over all exit doors or equivalent openings forming part of an exit. Lighted directional signs shall be provided as required by law. All signs shall have letters at least six inches in height.
No source of illumination shall be provided except electricity. Decorative candles may be used on dining tables when enclosed in stable, hurricane-type holders.
Automatic emergency lighting must be provided to light all exits, stairways and passageways, as designated by the Building Inspector.
A. 
Basement storage will only be permitted in rooms of one-hour fire-resistance rating, with Underwriters' Laboratories, Inc., labeled Class C self-closing fire doors and fire door assemblies.
B. 
All basement ceilings must have a one-hour minimum rating.
C. 
No storage will be permitted around or under any stairs.
A. 
In new construction, stairs from basement to first floor must be fully enclosed by fire-resistive partitions, one-hour minimum rating, with Underwriters' Laboratories, Inc., labeled Class C self-closing fire doors and assemblies at top and bottom.
B. 
In existing buildings where the basement ceiling is fire-retarded, as provided in § 66-17, an Underwriters' Laboratories, Inc., labeled Class C self-closing fire door and assembly at the head or foot of the stairs may be accepted at the discretion of the Building Inspector.
A. 
Central heating plants in new construction must be in a room of fire-resistive material, two-hour minimum rating, with Underwriters' Laboratories, Inc., labeled Class B self-closing fire door and assembly. In existing construction, a one-hour rating and Class C door will be accepted.
B. 
Adequate air supply and ventilation for the heating plant must be obtained directly from outside.
C. 
Overhead oil- or gas-fired heaters may be used when installed in accordance with national standards and where approved by the Building Inspector.
D. 
No portable space heaters will be permitted.
A. 
All combustible curtains, drapes and/or decorations shall be rendered flameproof, and a certificate shall be kept readily available for the inspector, showing the date of flameproofing, life of the flameproofing and by whom the flameproofing was done.
B. 
In existing buildings, all combustible ceilings, walls and woodwork shall be replaced, covered or treated with an approved fire-retardant coating satisfactory to the Building Inspector.
A. 
All gas meters and regulating equipment shall be located outside the building.
B. 
In existing buildings, meters and equipment may be enclosed in a fire-resistive room used for no other purpose and ventilated directly to the outside at the discretion of the Building Inspector.
Underwriters' Laboratories, Inc., approved fire extinguishers shall be provided and located as required by the Building Inspector. Fifteen-pound C02 or equivalent dry powder extinguishers will be required for boiler rooms; ten-pound C02 or equivalent dry powder extinguishers or automatic extinguishing systems for kitchens and two-and-one-half-gallon water-type extinguishers for other areas.
Any exhaust fan filter used in any food preparation area must be cleaned or renewed on a monthly basis and a record kept of date of cleaning or renewal and name of person or firm who did so.
No place of public assembly shall be permitted in a building, any part of which is used for a hazardous occupancy, such as but not limited to:
A. 
The storage or handling of explosives.
B. 
The storage or sale of paints in bulk.
C. 
Service stations or garages.
D. 
Dry-cleaning plants using Class II or Class III liquids.
No Class I or Class II flammable liquids shall be kept or stored on the premises.
A. 
Any person, firm, company, association, corporation or business of any kind violating this chapter shall be liable for and forfeit and pay a penalty or fine of $2,000 and/or 15 days in jail for each violation thereof.
[Amended 11-19-2018 by L.L. No. 30-2018]
B. 
Any person violating this chapter or any part thereof shall be and is hereby declared a disorderly person.
C. 
This chapter shall be enforced by the Fire Department Inspector or the Building Inspector of the Incorporated Village of Valley Stream, who shall have the authority to issue summonses for these violations.