[HISTORY: Adopted by the Board of Trustees of the Village of Babylon 1-9-1979 by L.L. No. 2-1978 (Ch. 63 of the 1981 Code); amended in its entirety 5-5-2007 by L.L. No. 4-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform Fire Prevention and Building Code — See Ch. 96.
Public buildings — See Ch. 109.
Discharge of firearms in public places — See Ch. 158, Art. I.
Parades and assemblies — See Ch. 243.
Parks and public places — See Ch. 252.
A. 
It is the intent of the Board of Trustees to establish occupant load requirements in places of public assembly and general inspections of all commercial properties which shall be applied and construed in conjunction and harmony with the provisions, rules and regulations of the Official Compilation of Codes, Rules and Regulations of the State of New York 19 NYCRR Part 1203, heretofore adopted by this Board and applicable to all buildings in the Village of Babylon.
B. 
Every government or agency thereof charged with administration and enforcement of the Uniform Code shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of fire and adequate building construction.
As used in this chapter, the following terms shall have the meanings indicated:
ARENA STAGE
A stage or platform open on at least three sides to audience seating. It may be with or without overhead scene-handling facilities.
OCCUPANT LOAD
The number of persons permitted in any building, determined by dividing the net floor area or space assigned to that use by the square feet per occupant.
PLACES OF ASSEMBLY
Includes, but is not limited to, all buildings or portions of buildings used for gathering together 50 or more persons for such purpose as deliberation, entertainment, dining, amusement or awaiting transportation. Places of worship and schools which are under the supervision of the New York State Department of Education are excluded from this definition.
PLATFORM, ENCLOSED
A partially enclosed portion of an assembly room, the ceiling of which is not more than five feet above the proscenium opening and which is designed or used for the presentation of plays, demonstrations or other entertainment wherein scenery, drops, decorations or other effects may be installed or used.
PROSCENIUM WALL
A fire-resistive wall which separates a stage or enclosed platform from the public or spectators' area of an auditorium or theater.
STAGE
A partially enclosed portion of an assembly building which is designed or used for the presentation of plays, demonstrations or other entertainment wherein scenery, drops or other effects may be installed or used and where the distance between the top of the proscenium opening and the ceiling above the stage is more than five feet.
THRUST STAGE
That portion of a stage which projects into the audience on the audience side of a proscenium wall or opening.
Each place of assembly shall be classified according to its capacity, as follows: Class A, capacity 1,000 persons or more; Class B, capacity 300 to 1,000 persons; Class C, capacity 50 to 300 persons.
A. 
Any place of assembly and its access to exits in buildings of other occupancy, such as restaurants in stores, rooftop places of assembly or assembly rooms in schools shall be so located, separated or protected so as to avoid any undue danger to the occupants of the place of assembly from a fire originating in the other occupancy or smoke therefrom.
B. 
Occupancy of any room or space for assembly purposes by less than 50 persons in a building of other occupancy and incidental to such other occupancy shall be classed as part of the other occupancy and subject to the provision applicable thereto.
C. 
Places of assembly in buildings of other occupancy may use exits common to the place of assembly and the other occupancy, provided that the assembly area and the other occupancy considered separately each have exits sufficient to meet the requirements of this chapter.
D. 
Exits shall be sufficient for simultaneous occupancy of both the place of assembly and other parts of the building.
A. 
The occupant load permitted in any assembly building, structure or portion thereof shall be determined by dividing the net floor area or space assigned to that use by the square feet per occupant, as follows:
(1) 
An assembly area of concentrated use without fixed seats, such as an auditorium, church, chapel, dance floor and lodge room: seven square feet per person.
(2) 
An assembly area of less concentrated use, such as a conference room, dining room, drinking establishment, exhibit room, gymnasium or lounge: 15 square feet per person.
(3) 
Standing room or waiting space: three square feet per person.
(4) 
Bleachers, pews and similar bench-type seating: 18 linear inches per person.
(5) 
Fixed seating. The occupant load of an area having fixed seats shall be determined by the number of fixed seats installed. Required aisle space serving the fixed seats shall not be used to increase the occupant load.
B. 
The occupant load permitted in a building or portion thereof may be increased above that specified in this section if the necessary aisles and exits are provided subject to the approval of the authority having jurisdiction. An approved aisle, exit and/or seating diagram may be required by the authority having jurisdiction to substantiate an increase in occupant load.
In theaters and similar places of public assembly where persons are admitted to the building at times when seats are not available for them and are allowed to wait in a lobby or similar space until seats are available, such use of lobby or similar space shall not encroach upon the required clear width of exits. Such waiting shall be restricted to areas other than the required means of egress. Exits shall be provided for such waiting spaces on the basis of one person for each three square feet of waiting-space area. Such exits shall be in addition to the exits specified for the main auditorium area and shall conform in construction and arrangement to the general rules for exits given in this chapter.
A. 
The spacing of rows of seats shall provide a space of not less than 12 inches from the back of one seat to the front of the most forward projection of the seat immediately behind it when the seat is in the down position, as measured horizontally between vertical planes.
B. 
Rows of seats between aisles shall have not more than 14 seats.
C. 
Rows of seats opening onto an aisle at one end only shall have not more than seven seats.
D. 
Seats without dividing arms shall have their capacity determined by allowing 18 inches per person.
E. 
Continental seating.
(1) 
With continental seating, the spacing of rows of unoccupied seats shall provide a clear width between rows measured horizontally as follows (automatic or self-rising seats shall be measured in the seat-up position; other seats shall be measured in the seat-down position): 18 inches clear width between rows of 18 seats or less; 20 inches clear width between rows of 35 seats or less; 21 inches clear width between rows of 45 seats or less; 22 inches clear width between rows of 46 seats or more.
(2) 
With continental seating, the number of intervening seats between any seat and an aisle may be increased to 49 where exit doors are provided along each side aisle of the row of seats at the rate of one pair of exit doors for each five rows of seats. Such exit doors shall provide minimum clear width of 66 inches discharging into a foyer, lobby or to the exterior of the building. There shall not be more than five seat rows between pairs of doors.
F. 
Where bleacher or grandstand seating is used indoors, seats shall have no backs. Rows of seats shall be spaced not less than 22 inches nor more than 30 inches back-to-back. Such seating shall be not more than 11 rows high between cross aisles. The capacity of such seating shall be based on 18 inches per person.
Every portion of any assembly building which contains seats, tables, displays, equipment or other materials shall be provided with aisles leading to exits as follows:
A. 
When serving more than 60 seats, every aisle shall be not less than three feet wide when serving seats on one side only, and not less than three feet six inches wide when serving seats on both sides. Such minimum width shall be measured at the point farthest from an exit, cross aisle or foyer and shall be increased in width by 1 1/2 inches for each five feet in length toward the exit, cross aisle or foyer.
B. 
When serving 60 seats or less, aisles shall be not less than 30 inches wide.
C. 
Aisles shall terminate in a cross aisle, foyer or exit. The width of such cross aisle, foyer or exit shall be not less than the sum of the required width of the widest aisle, plus 50% of the total required width of the remaining aisles which it serves.
D. 
No dead-end aisle shall be greater than 20 feet in length. In arena or thrust stage theaters, dead-end aisles at the stage shall not exceed five rows beyond a cross aisle.
E. 
With continental seating as set forth in § 88-7E, side aisles shall be not less than 44 inches in width.
F. 
Steps shall not be placed in aisles to overcome differences in level unless the gradient exceeds one foot of rise in eight feet of run. Steps in aisles shall conform to the requirements for Class A stairs as to rise and tread.
A. 
Firesafety, property maintenance and occupant load permits. Firesafety and property maintenance permits shall be required for all commercial buildings. An occupant load permit shall be required for every building with an area of public assembly. Provisions shall be made for:
(1) 
Firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at intervals not to exceed one year for dormitory buildings, rental apartments and places of public assembly; and three years for all other buildings.
(2) 
Occupant load, firesafety and properly maintenance inspections of buildings which contain an area of public assembly at intervals not to exceed one year.
(3) 
Firesafety and property maintenance inspections may be conducted at any time deemed necessary by the Building Inspector or designated Fire Inspector.
B. 
Operating permits.
(1) 
Operating permits shall be required for conducting activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials In quantities exceeding those listed in Table 2703.1(1), 2703.1.1(2), 2701 1.1(3) or 2703.1.1(4) of the Fire Code of New York State (19 NYCRR Part 1225);
(b) 
Hazardous processes and activities, including but not limited to commercial and industrial operation which may produce combustible dust as a byproduct, fruit and crop ripening and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more;
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety as determined by the Village Board of Trustees, or the Building Inspector or any Village officer, or any Village of Babylon employee designated by the Building Inspector charged with or accountable for administration and enforcement of the Uniform Code and/or the municipal codes of the Village of Babylon.
(2) 
An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.
(3) 
An inspection of the premises shall be conducted prior to the issuance of an operating permit.
(4) 
Operating permits may remain in effect until reissued, renewed or revoked, or may be issued for a specified period of time.
(5) 
Where activities do not comply with applicable provisions of the Uniform Code or the Code of the Village of Babylon, an operating permit shall be revoked or suspended.
A. 
Application shall be made to the Building Inspector on forms provided. A fee of $50 per year shall be required for each permit requiring annual inspection. A fee of $150 shall be required for each permit requiring an inspection of every three years.
B. 
Upon approval of the application, the Building Inspector shall issue a permit which shall be conspicuously exhibited at all times on the premises.
C. 
Properties with both residential units and areas of public assembly and/or which require maintenance inspections will require all necessary permits.
It shall be the duty of the Building Inspector or any Village of Babylon employee designated by the Building Inspector or the Mayor to enforce the provisions of this chapter.
The requirements of this chapter apply to both new and existing commercial buildings.
Whenever there is a conflict between the provisions of this chapter and any provision of the New York State Uniform Fire Prevention and Building Code, the stricter provision shall apply.
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.