[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion 3-17-1948 by Ord. No. 911.
Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to erect or
cause to be erected or to maintain any temporary structure composed wholly
or partly of canvas or similar material to be used as a place of public assemblage
by circuses, carnivals, shows and similar exhibitions within the limits of
the Township of Lower Merion without first having made application and received
permission to do so in accordance with the conditions and limitations contained
in this chapter.
A.
The applicant for such permission shall file an application
in writing with the Fire Marshal, which application shall be accompanied by
a set of building plans, in duplicate, drawn to scale, which shall indicate
clearly:
(1)
The type of construction.
(2)
The seating arrangements.
(3)
The aisles.
(4)
The structural details and calculations of the seats
and supports.
(5)
The location of all electrical wiring.
(6)
The location of all exits.
(7)
The location of all fire equipment within the structure
and the specifications of such equipment.
(8)
The location, insofar as feasible, of adjacent structures
and obstructions which might hinder the free egress of persons from the exits.
B.
Such application shall further specify:
(1)
Whether any open flame is intended to be used within
the structure and, if so, what precautions are to be taken to render it safe.
(2)
The name of the person, firm or corporation which will
use the structure.
(3)
The location of the principal place of business of such
person, firm or corporation.
(4)
The names and addresses of the officers of such firm
or corporation.
(5)
The length of time the structure is intended to be used
for the purpose applied for.
(6)
The hours of the day or night during which such structure
is intended to be used as a place of assembly.
(7)
The formula of the solution which is to be used to flameproof
the structure.
(8)
What provisions have been made for sanitary facilities
for persons using the premises on which such structure is to be erected or
is maintained.
(9)
Such other relevant information as the Fire Marshal may
require.
C.
The applicant shall furnish evidence that a public liability
insurance policy in amounts of not less than $50,000 for one person and $500,000
for any one accident shall be in force and effect at the time such structure
is to be occupied as a place of assembly by the public.
D.
The applicant shall deposit with the Township Secretary,
as cash bond, the sum of $1,000, conditioned upon saving harmless the Township
of Lower Merion from any and all liabilities or causes of action which might
arise by virtue of the granting of a permit to the applicant, and conditioned
further that no damage will be done to the streets, sewers, trees or adjoining
property and that no dirt, paper, litter or other debris will be permitted
to remain upon the streets or upon any private property by such applicant.
Such cash bond shall be returned to the applicant upon certification of the
Superintendent of Police that all conditions of this chapter have been complied
with.
E.
The applicant shall pay to the Township Secretary a license
fee as set forth in the Township Schedule of Fees, as adopted and amended
from time to time by the Board of Commissioners;[1] and the license shall not be transferable either as to time, place
or licensee.
[Amended 9-21-1977 by Ord. No. 1802]
F.
Such application and plans shall be submitted to the
Fire Marshal at least 10 days prior to the date of the opening of any such
structure, and he shall be notified at least 48 hours prior to the erection
of such structure, so that he may make an inspection during reasonable daylight
hours.
The Fire Marshal shall determine if the applicant has made provisions
for:
A.
Adequate aisles, seats, platforms and poles.
B.
Sufficient exits, well marked and properly lighted.
C.
Lighted and unobstructed passageways to areas leading
away from the structure.
D.
Removal, before the structure is to be used as a place
of public assembly, of any pole, rope or other obstruction in any aisle or
exit.
E.
Inspection by a qualified electrician before the opening
of each performance, to ascertain if any defects exist in the wiring, and
provision made for immediate correction of any defects which may be found.[1]
F.
Sufficient first aid fire appliances to be distributed
throughout the structure, with operating personnel familiar with the operation
of such equipment available and assigned during the use of such structure
as a place of assembly.[2]
G.
Sufficient "no smoking" signs visible at all times.
H.
An employee at each entrance to require the extinguishing
of all cigarettes, cigars and other smoking materials.
I.
Announcement at frequent intervals to the persons in
the assembly of the fact that smoking within the structure is prohibited.
J.
Proper safeguarding of any use of open flame, or its
use prohibited.
K.
The clearing of straw, dry grass, sawdust and any combustible
trash from the structure before it is opened to the public, and arrangements
made to keep the areas where debris may be expected to accumulate well serviced,
especially under opened seats.
L.
Proper facilities for calling the Fire Department of
the Township of Lower Merion.
M.
Such special fire equipment of the Township of Lower
Merion to attend at such structure during its use as a place of public assembly
as the Fire Marshal may decide is necessary for proper fire protection.
N.
The attendance of such special police officers and firemen
as the Fire Marshal may deem necessary for the control of persons in the assembly
to prevent overcrowding, obstruction of aisles and exits and such other control
as may be necessary to render safe the occupation of such structure by the
public.
O.
The tent and canvas parts of the structure and all combustible
decorative materials, including curtains, acoustic materials, streamers, cloth,
cotton batting, straw, vines, leaves, trees and moss to be rendered fireproof.
[Amended 9-21-1977 by Ord. No. 1802]
[1]
Editor's Note: Former § 67-4, Inspection of sanitary facilities,
as amended 5-17-1978 by Ord. No. 1821, was repealed 1-18-2006 by Ord. No.
3768.
If the Fire Marshal finds that the provisions of §§ 67-3 and 67-4 of this chapter have been or will be complied with by the applicant, he shall issue a permit to erect or maintain such structure, conditioned upon such reasonable limitations and requirements as he may deem necessary for the safety of persons and property.
A.
Upon completion of such structure, it shall not be used
as a place of assembly until the Fire Marshal has inspected the entire premises
upon which the structure is located.
B.
If the Fire Marshal finds that all of the limitations
and requirements of the permit and this chapter have been complied with and
that the structure has been erected in accordance with the plans and specifications
submitted with the application, he shall grant a permit to occupy such premises.
C.
It shall be unlawful for any person to cause or permit
the occupancy of such structure as a place of assembly without the issuance
of such permit to occupy such structure as provided for herein.
D.
If the Fire Marshal finds that such structure or the
premises on which it is located is being maintained in violation of any of
the provisions of the permit to erect or maintain or in violation of any of
the provisions of this chapter or is maintained in such a manner as to constitute
a fire hazard, he may revoke the permit to occupy provided for herein.
E.
Any person, firm or corporation whose permit to occupy
has been revoked as aforesaid may, within 10 days after receipt of a notice
thereof, appeal to the Board of Commissioners for a hearing thereon; and the
decision of the Board in this regard shall be final. If no appeal is taken
within 10 days as provided herein, the action of the Fire Marshal shall be
final.
Any person, firm or corporation which shall violate any of the provisions
of this chapter shall be subject to a penalty of $50 for each violation, with
an additional penalty of $50 for each day each such violation shall be continued
after notice thereof by the Superintendent of Police, such penalties to be
collected before any District Justice as like penalties are now by law collectible.
