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Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
A. 
Application of requirements for special occupancy structures. Every theater or opera house or other structure intended to be used for theatrical or operatic purposes or for public entertainment of any kind hereafter erected for the accommodation of more than 300 persons shall be built to comply with the requirements of this article. No structure which is not the actual use for theatrical or operatic purposes at the time of the adoption of this code and no structure hereafter erected not in conformity with the requirements of this article shall be used for theatrical or operatic purposes or for public entertainments of any kind until the same shall have been made to conform to the requirements of this article.
B. 
Special occupancy structures must be approved. No structure described in Subsection A shall be opened to the public for theatrical or operatic purposes or for public entertainments or instruction of any kind until the Village Board and the Superintendent of Buildings shall have approved the same, in writing, as conforming to the requirements of this article.
C. 
Limitation of use and occupancy.
(1) 
No portion of any structure described in Subsection A shall be occupied or used as a hotel, boardinghouse or lodging house or for factory or storage purposes, except as may be hereinafter specially provided for.
(2) 
Construction of any kind above the stage area of a structure constructed or used for the purposes described in Subsection A is forbidden. The space under the stage shall be used only as an accessory to and part of the stage proper, except as otherwise provided in this article, but other parts of such a structure, whether now existing or hereafter erected, including the area over the auditorium, may be used for any purpose not otherwise forbidden in this code, provided that:
(a) 
The parts so used are separated from the theater by unpierced walls and floors having a fire-resistive rating of at least four hours and are constructed throughout in compliance with Class 1 Fireproof Structures, and the means of egress from the parts so used are entirely separated from the means of egress from the theater portions of the structure.
(b) 
All openings in the walls of the structure facing the stage area for the first 100 feet above the roof of the stage are provided with self-closing doors or automatic windows having a fire-resistive rating of at least 3/4 hour. Either plate or wired glass may be used in such doors or windows, provided that the required fire-resistive rating is met.
(c) 
The edge of the stage skylight is located at least six feet from any wall of the structure facing the stage area.
(d) 
All ducts, pipes, conduits and similar facilities which may be required for servicing the occupancy above or below the auditorium shall be confined to spaces outside the auditorium walls, and crossovers or horizontal lines of these facilities shall also be confined to spaces outside of the unpierced four-hour floor or wall.
D. 
Certificate of occupancy for use of roofs. The use of the roof of any structure, including factories and multiple dwellings, for witnessing contests, games, exhibitions, amusements or similar spectacles or as a place of public assembly for any purpose is forbidden unless such structure or any part thereof has been designated in its certificate of occupancy as a place to be used for such purposes.
E. 
Structures used for religious purposes.
(1) 
The means of egress from auditoriums used for religious purposes shall comply with the provisions of § 86-46A, Special egress provision for public safety.
(2) 
Balconies within such auditoriums shall comply with § 86-104G, Balcony exits and stairs, and § 86-104K, Small balconies and church balconies.
(3) 
The means of egress from rooms and spaces, other than the auditorium portion of the structure, used for purposes of religious worship, instruction or recreation shall comply with Article VII, Means of Egress.
A. 
Every structure intended to be used for public entertainment, as stated in § 86-95A, shall be a Class 1 Fireproof Structure, except as otherwise specifically provided in this article.
B. 
None of the walls or ceilings shall be covered with combustible material, except that, regardless of the height of the structure, wood wainscoting not over six feet in height may be used in the auditorium, orchestra pit, lobbies, foyers and promenades, and wood flooring may be used in the auditorium and stage when the space behind the wainscoting or between the floor arch and the flooring is filled solidly with incombustible material, and except that, regardless of the height of the structure, combustible wall coverings may be used when pasted or cemented directly to the plaster surface, and that combustible fabrics not pasted or cemented directly to the plaster surface may be used if such fabrics are so treated as to satisfy the Superintendent of Buildings that they will neither ignite nor actively support combustion, and provided that such fabrics have one-inch lap seams for each panel, and except that wood or other combustible material in the form of a veneer 1/20 inch in thickness shall also be permitted as a wall covering.
C. 
Screens for the projection of motion, audible or sound, or television pictures shall be either made of incombustible material or treated so as neither to ignite nor actively support combustion.
A. 
That portion of the stage floor extending from each side of the proscenium, from the stage side of the proscenium wall to the front edge of the apron, shall be of a construction having a fire-resistive rating of at least four hours. Regardless of the height of the structure, untreated wood flooring may be used on the stage floor. For the width of the proscenium opening, plus six feet, the stage may be constructed of wood.
B. 
The stage shall be separated from the auditorium by a fire wall of solid masonry extending from the foundation to at least four feet above the stage roof or the auditorium roof if the latter be higher. Such walls may be offset in the manner described in § 86-72B, Construction of fire walls.
C. 
This wall shall be without openings above the stage level, except the proscenium opening and one door opening on each side of the stage. Three door openings may be provided in this wall below stage level. Door openings shall have a maximum width of three feet, Only one duct may be provided on each side of the proscenium wall under the stage provided with a fire damper on each side of the wall if the duct for 10 feet on each side of the opening in the proscenium wall is of construction having a fire-resistive rating of at least three hours.
D. 
The apron of the stage shall be located between two and seven feet from the curtain line.
E. 
Door openings from underneath the stage to the auditorium and from under the stage to pipe passages and plenum chambers shall be protected on each side of the wall with a self-closing door having a fire-resistive rating of at least 3/4 hour and arranged to open from either side of the wall. Door openings from the stage to the pit shall be protected with single self-closing doors having a fire-resistive rating of 3/4 hour and arranged to open from either side of the wall.
F. 
The space underneath the stage shall be subdivided at the sides of the proscenium opening by solid masonry walls having a fire-resistive rating of at least three hours and extending from the proscenium wall to the rear wall of the stage and from the ground to the underside of the stage floor and so located that the distance between these walls shall not be more than six feet greater than the width of the proscenium opening.
G. 
Openings in these walls shall be equipped with self-closing doors having a fire-resistive rating of at least one hour.
A. 
A skylight having a glazed area of at least 1/8 of the area of the stage shall be provided over the stage. It shall be glazed with single-thick plain glass having a thickness between 11 1/2 and 10 sheets to the inch in panes having a minimum area of 300 square inches. A protective wire mesh screen shall be placed immediately above and below the skylight.
B. 
In the skylight, ventilators of a type approved by the Superintendent of Buildings shall be placed in the highest part of the stage roof and those parts which open shall be equal in aggregate area to 1/8 of the area of the stage. The covers of doors shall be constructed of incombustible material and shall be arranged to open in case of fire by an automatic device and by cutting a fiber cord, and the ventilators shall be so designed as to function regardless of weather conditions.
A. 
The proscenium opening shall be provided with a curtain of incombustible material, constructed on a rigid flame approved by the Superintendent of Buildings, having a lap of two feet at the top and 18 inches at each side and sliding at each side in steel or iron grooves, which shall have a minimum depth of 12 inches. The curtain shall be securely fastened to the proscenium wall and at its lowest position shall rest on masonry at least 12 inches thick, extending from the foundation to the curtain, or upon a strip of linoleum, cork or rubber composition directly affixed to such masonry. The footlights shall be placed at least two feet away from the curtain line. The curtain shall be raised at the commencement of each performance and lowered at the close and be operated by approved machinery.
B. 
Satisfactory proof must be submitted and filed with the application that the curtain is so constructed and mounted as to prevent the passage of fire, to permit the passage of only a minor amount of smoke and to show no glow in the auditorium side when exposed to a temperature rising to 1,700° F. at 30 minutes.
C. 
Beams supporting curtain slots in the rigging loft shall be designed to sustain a minimum load of 400 pounds per linear feet in addition to a uniformly distributed load of 50 pounds per square foot on the rigging loft. Beams supporting headblocks shall be designed to sustain a load of at least 1,200 pounds per linear foot vertically and 1,000 pounds per linear foot horizontally. The design of beams supporting the proscenium curtain or curtain sheaves shall provide for an impact allowance of 100%.
D. 
All girders, beams or platforms over the stage or in the fly galleries shall be of incombustible materials.
A. 
Stage scenery, curtains and decorations made of combustible material and woodwork on or about the stage shall be so treated as to satisfy the Superintendent of Buildings that they will neither ignite nor actively support combustion.
B. 
Where the scenery is stored on the premises, there shall be provided a scene dock or space adjacent to the stage, constructed with walls, floors and ceilings having a fire-resistive rating of at least four hours and connected with the stage by a doorway with a maximum area of 80 square feet and protected by automatic doors having a fire-restrictive rating of 1 1/2 hours. Scene docks shall be equipped with automatic sprinkler systems and with skylights meeting the requirements of § 86-98, Stage skylight, as to size and construction. The use of such scene docks for paint bridges shall be permitted.
Dressing rooms shall be separated from the stage and auditorium by walls and floors having a fire-resistive rating of at least four hours. The walls and floors between dressing rooms and the auditorium shall be unpierced. Openings in the dividing walls shall be equipped on both sides with self-closing doors having a fire-resistive rating of at least 3/4 hour. Dressing rooms located on or above the stage level shall have an independent means of exit directly to the street or emergency courts or passageways. The maximum distance from a dressing room door to a stairway or passageway to the street shall be 35 feet. Dressing rooms shall not be located under the stage. When located below the stage level, at least two exits shall be provided, one of which shall lead directly to the street, and every dressing room door shall be within 35 feet of a stairway. Dressing rooms shall be ventilated by windows or skylights opening directly to the outer air or shall be independently ventilated with at least six changes of air per hour. Dressing room furniture and fixtures, except chairs, shall be incombustible.
A. 
Workshops and storage or property rooms shall be located only at the stage level and on the stage side of the proscenium wall. They shall be separated from the stage by solid masonry or reinforced concrete walls having a fire-resistive rating of at least four hours. Openings to the stage shall have automatic or self-closing doors having a fire-resistive rating of at least 3/4 hour on both sides of the wall. Furniture and fixtures, except chairs, in workshops, storage or property rooms shall be of incombustible material. Paint bridges are forbidden.
B. 
Such shops or rooms shall be provided with windows or fireproof vents to the outer air of an effective ventilating area of not less than 5% of the floor area of each shop or room.
A. 
Seats, except those in boxes, shall be at least 32 inches from back to back and firmly secured to the floor. The maximum number of seats in any row extending from one aisle to another shall be 14, and the maximum number of seats in any row extending from one aisle to a wall shall be seven.
B. 
The steps in balconies, formed to receive the seats, shall be at most 21 inches high and at least 32 inches wide.
C. 
The placing of stools or seats in any aisle is forbidden.
Nothing in this section shall be construed to abrogate any provision of any state law, but whenever this section imposes greater restrictions or requirements than those prescribed in such laws, the provisions of this section shall control.
A. 
Street exit and entrance.
(1) 
Every structure intended to be used for the purpose described in § 86-95A unless otherwise specifically provided in this article, shall have means of entrance and exit as hereinafter required on one or more street frontages.
(2) 
Where there is a grade in excess of 5% in a street frontage of a theater, the location of the exits on such street front age shall be left to the discretion of the Superintendent of Buildings.
(3) 
The minimum aggregate width of entrance and exit doorways, in addition to the emergency exit required by Subsection C, for the total number of persons to be accommodated on all tiers shall be at least 10 feet and shall be determined from the number of persons to be accommodated as follows: street entrance and exit doorways shall be provided at the rate of 20 inches for each 100 of the first 1,500 persons, 15 inches for each 100 of the first 1,000 persons in excess of 1,500 and 10 inches for each 100 persons in excess of 2,500.
(4) 
The highest level of the main entrance at the street front shall be one foot or less above the sidewalk. The highest level in the space in rear of the last row of seats shall be at most 10 feet above the sidewalk level, except in the case of stadium houses in which these levels shall apply to the crossover immediately in front of the first riser. The difference in level between this space and the street level shall be taken up by steps and ramps. Not more than 1/2 of such distance shall be taken up by steps, and not more than 2/3 of the height in steps shall be in any one unit. Steps for this purpose shall be immediately adjacent to the crossover aisle or the main entrance, and the location of such steps in the middle of any ramp is forbidden. Steps in front of doorways opening in the direction of egress shall have a platform equal to the swing of the door and at least five feet in length. Where the cross aisle is more than three feet above street level, there shall be at least two passageways with a minimum width of five feet leading to such cross aisles, when they serve 500 people or less, between the cross aisle and the stage. Such passageways shall be located in accordance with the requirements of Subsection J, Vomitories, and each passageway shall be increased in width at the rate of one foot for each 100 persons more than 500. In addition to these passageways, there shall also be stairways proportioned on the same basis as required for balcony stairs in Subsection G, Balcony exits and stairs, for the number of people seated in the space between the cross aisle and the rear of the auditorium. The maximum level below the sidewalk shall be two feet for the space behind the last row of seats in the auditorium.
(5) 
Each exit shall have a minimum clear width of five feet measured between doorstops. Entrance and exit doors shall swing outwardly and shall be held in the closed position by panic bolts or other releasing devices arranged to operate by the application of pressure to the inner side of the device.
(6) 
Doors used as a means of ingress or egress shall not be locked during any presentation or when the structure is open to the public.
B. 
Emergency courts or passageways.
(1) 
Every theater accommodating 300 or more persons shall have an open court or a passageway for emergency use on each side of each tier of the auditorium not bordering on a street. Such courts and passageways shall lead directly to a street.
(2) 
The minimum clear width of the emergency courts or passageways shall be six feet, and the clear height of passageways shall be not more than 10 feet nor less than seven feet.
(3) 
When the occupancy of any tier exceeds 600, the width of the court or passageway for that tier shall be increased at the rate of one foot for each 500 persons or fraction thereof.
(4) 
The court from the orchestra shall be calculated independent, and where the emergency stairs from above combine with such court, the court shall be increased in width by the width of the lowest run of stairs.
(5) 
Passageways shall be of materials or assemblies having a fire-resistive rating of at least four hours and with solid floors and roof. Where such passageways go through the stage or through other structures, the roof shall be capable of sustaining a uniformly distributed floor load of 500 pounds per square foot.
(6) 
Such passageways and courts shall connect to the street at sidewalk level. Differences in elevations of floors of such courts and passageways shall be overcome only by ramps having a maximum grade of one in 10.
(7) 
Where enclosed passageways are used, they shall be vented to the street or outer air by means of wire mesh grilles with clear ventilating area at least 50% of the area of the door opening on the street or public space. Walls of passageways shall be whitewashed or finished in materials of a light color or painted a light color.
(8) 
The doors in the required emergency exits on each side of the orchestra floor shall have a minimum clear width of five feet, measured between doorstops, and the emergency exits on each side shall be separated by a distance equal to 50% of the distance, except that where such distance of separation would exceed 50 feet, said exits shall be separated by a maximum distance of 50 feet. One such exit on each side shall be located distant from the front row of seats not more than 25 feet. Such additional exits shall be provided as are necessary to have an emergency exit on each side distant not more than 50 feet from the last row of seats.
(9) 
Emergency passageways and courts shall be used exclusively for exit from the auditorium and stage and shall be kept free and clear at all times.
C. 
Required number of emergency exits.
(1) 
In addition to the entrances and exits required under Subsection A, Street exit and entrance, and Subsection G Balcony exits and stairs, there shall be on each side of each tier at least two emergency exits opening from the auditorium to the emergency passageways or courts.
(2) 
The doors on such emergency exits shall have a minimum clear width of five feet measured between doorstops, except that on tiers above the orchestra floor requiring only one crossover and no promenade, both required exit doors shall be located at the end of the crossover and shall be not less in combined width than the width of the required passageway for that tier. The swing of such doors shall be in the direction of egress and shall not obstruct the clear width of the passageway when fully opened, except for the thickness of the door.
D. 
Required emergency stairways.
(1) 
From the emergency exits in each tier above the first, emergency stairs or emergency platforms shall be provided extending to the sidewalk level. The minimum width of each stair or platform shall be four feet. When the capacity of any tier above the first exceeds 800 persons, the width of the stairs serving such tiers shall be increased in the proportion of one foot for each 500 persons or fraction thereof in excess of 800. When the stairs or platforms are not extended independently to the street level but are combined, the width of each run of stairs shall be increased by 50% of the width of the stairway serving the next tier above. From the landing of the stairs at the street level, and independent passageway at least as wide as the last run of stairs leading into it and a minimum of six feet wide shall be provided leading to the street. Handrails may project into the required width of stairs a maximum of 3 1/2 inches on each side. The ends of handrails shall be turned back against walls or newels and finished without projections which would act as obstructions.
(2) 
Where the emergency exits open on exterior platforms, such platforms shall have an area of at least 30 square feet for each required emergency exit and shall be at least as wide as the required width of the stairway serving that exit, and no stairway shall start less than two feet from the jamb of the door opening on to it. Enclosed stairways extending to the ground level shall be provided from these platforms. The maximum height of risers in stairs shall be eight inches, and the minimum depth of tread, exclusive of the nosing, shall be nine inches. Platforms and stairs shall be made of incombustible material and shall have solid risers, treads and platforms. Platforms and connecting stairs shall be covered with a metal hood or awning. Stairways extending to the ground level shall be provided from these platforms.
(3) 
Stairways and platform exits shall be provided, on the open side, with a guardrailing at least four feet high, measured vertically from the riser face, and with a handrail upon both sides.
E. 
Emergency exits from stage. Emergency exits to the passageways, courts or streets shall be provided on opposite sides of the stage at the stage level.
F. 
Required exits from stage gridiron. Two means of exit shall be provided from the stage gridiron. Such exits shall be provided on one side by means of a ladder or stairs extending from the stage floor through the roof from the inside of the structure and on the other side through a doorway to the outer air and then by a ladder or other means to some point having access to the ground.
G. 
Balcony exits and stairs.
(1) 
At least two separate and independent stairways, in addition to the emergency stairways required by Subsection D, Required emergency stairways, shall be provided to each tier above the auditorium floor. They shall be located on opposite sides of the auditorium and may connect with the tiers which they serve by means of mezzanines or other intermediate floors. Where balcony stairs open directly into the auditorium, the exit facilities from the auditorium shall provide for the number of persons using such balcony stairs. The width of balcony stairs which open directly upon the street may be deducted from the required width of the main entrance. Required stairways shall connect with only one tier, except when one of the tiers is a part of a stadium theater and the aisles in that tier are continuous with those in the orchestra floor, and except that one required stairway in any type of theater may open on more than one tier, provided that such required stairway is increased to the width required for a 50% increase in the number of occupants of the lower tier and this increase shall apply to each tier upon which the stair opens, but in no case need the total width of the stair exceed that required to accommodate the total number of occupants to be served by this stairway. Required stairways shall be enclosed in the tiers through which they pass by materials or assemblies having a fire-resistive rating of at least three hours, but enclosures shall not be required at the upper and lower terminals of balcony stairs. No door shall open directly on a stairway, but a landing at least as wide as the door shall be provided between the door opening and the stairs.
(2) 
The doors on street fronts may be of untreated wood, but all other doors on exit passageways and stairs shall comply with the requirements of Article XI, Fire-Resistive Construction.
(3) 
The maximum height of risers on any balcony stairs shall be 7 1/2 inches, and the minimum width of treads is straight balcony stairs shall be 10 inches, exclusive of nosings. Circular or winding stairs for the use of the public are forbidden. When straight stairs return directly on themselves, a landing the full width of both flights shall be provided without steps. The outer line of landings shall be curved to a radius of at least two feet. Stairs turning at an angle shall have a proper landing, without winders, introduced at each turn. The introduction of winders in stairs, when two side flights connect with one main flight, is forbidden, and the width of the main flight shall be at least equal to the aggregate width of the wide flights. All stairs shall have proper landings introduced at vertical intervals not to exceed 12 feet. The minimum number of steps in a flight between landings shall be three. Such landings shall be at least four feet in depth.
(4) 
Where the stadium type of design is employed, all portions of the auditorium behind the first perpendicular riser shall be treated as a balcony when the highest row of seats is more than 15 feet above the lowest point of the crossover in front of the first perpendicular riser. Where the distance between the lowest point of the crossover in front of the first perpendicular riser and the highest level of the stadium floor is over 15 feet and less than 20 feet, an inside stairway shall be provided. Where the distance is over 20 feet, it shall be treated the same as a balcony and, if the house already has a balcony, the stadium section above 15 feet shall be treated as another balcony.
(5) 
The minimum width for balcony stairs shall be four feet. When the number of persons to be accommodated on any tier exceeds 200, the width of each stair shall be increased in the proportion of three inches for every 100 persons or fraction thereof in excess of 200. The maximum width of any stair shall be eight feet. When the occupancy of any tier exceeds 1,800 persons, additional stairs shall be provided. The aggregate width of stairs required from any tier shall be divided into substantially equal units, but the width of the narrowest stair shall be at least 2/3 that of the widest stair. Handrails shall be provided in such stairways and may project a maximum of 3 1/2 inches into the required width of the stairs on each side.
(6) 
Ornamental stairways may be constructed under the following conditions: such stairways shall be so placed as not to obstruct or interfere with the functioning or use of the required means of egress nor to be a part of such means of egress. Such stairways shall meet the requirements of § 86-40D, Handrails, with respect to handrails.
H. 
Crossover in tiers. Crossovers shall be provided in each tier above the orchestra floor as follows:
(1) 
The first crossover shall be distant not more than seven rows of seats from the front of the tier. Additional crossovers shall be provided, each distant not more than 14 rows of seats from the next lower crossover, except that if the last crossover is placed at the rear of the tier, there may be 16 rows of seats between the highest crossover and the next lower crossover. They shall be at least four feet wide in the clear and shall be separated from the seating spaces with railings.
(2) 
When but one crossover is required, both emergency exits shall be located at the ends of the crossover. When more than one crossover is required, an emergency exit shall be located at each end of each crossover. When the difference in level between adjacent crossovers is in excess of nine feet, the emergency passageway shall be carried level and independently from each exit to the emergency stairs. Passageways leading to any stairway connecting with any exit shall be at least four feet in width at every point.
I. 
Crossovers on orchestra floor. Crossovers shall be provided in the orchestra tier when there are more than four banks of seats, under conditions as follows:
(1) 
The first crossover shall be located approximately 1/3 of the distance from the last row of seats to the first row of seats but not less than 18 rows from the front of the auditorium, except that where there are not more than 27 rows of seats and not more than four banks of seats, no crossovers shall be required. Additional crossovers shall be provided with not more than 18 rows of seats intervening between each such crossover and the next lower crossover. For the purposes of this paragraph, a cross aisle or space of not less than four feet in width and extending from one side wall to the opposite wall shall be considered a crossover.
(2) 
Where there are five banks of seats, the crossovers shall be formed by spacing two consecutive rows of seats at least 66 inches apart, measured back to back of seats, or providing a clear, unobstructed cross aisle of at least four feet. Where there are no more than five banks of seats, the crossovers shall be formed by spacing two consecutive rows of seats at least 78 inches apart or by providing a clear, unobstructed cross aisle of at least five feet in width.
(3) 
The Superintendent of Buildings may, in his discretion, permit the voluntary providing of crossovers where crossovers are not required by this article.
J. 
Vomitories.
(1) 
A vomitory is an exit from a balcony communicating with a stairway by way of an intermediate floor. At least two vomitories shall be provided for the first 1,000 seats or less in a balcony and one for each additional 500 seats or fraction thereof over 1,000 seats. Vomitories shall be located laterally 28 feet or less from the side walls and at most 90 feet apart at the same crossover level, except that vomitories may be located more than 90 feet apart when the width of the crossovers is increased one inch for each foot of separation in excess of 90 feet. Vomitories shall be located on the level of the lowest crossover and, where more than two vomitories and two crossovers are required, the vomitories shall be located on the level of the lowest crossover and at alternate crossovers thereafter. When a single vomitory is required at an alternate crossover, it shall be centrally located.
(2) 
The difference in level between a crossover and a vomitory passageway serving such crossover shall not exceed four feet. Such difference in level may be made up by steps in the vomitory, provided that the width of the crossover at the vomitory is increased at least two feet.
(3) 
Each vomitory shall have a width of at least five feet.
(4) 
Vomitories may be omitted when the required aisles connect directly with a promenade or open space at the rear of the balcony, provided that such balconies are less than 24 rows deep and have a difference of 12 feet or less in level between the front row of seats and the promenade.
(5) 
The location of stairs at the rear of the balcony in place of an equal number of vomitories shall be permitted, provided that the top stair landings are connected by a crossover.
K. 
Small balconies and church balconies. Balconies of 12 feet or less above the orchestra or main floor level having a maximum capacity of 150 seats and also any single balcony in a church used exclusively as a place of worship shall be exempt from the emergency exit requirements, but stairways complying with the normal requirements of Subsection G, Balcony exits and stairs, as to number, width and location shall be provided, and the normal and emergency exits from the floor below shall be increased to accommodate the occupants of such small balconies.
L. 
Boxes. A box is an enclosure having fixed or movable seats to the number of one to each six square feet of floor space with a maximum of 12 seats. When boxes are at the balcony levels, they shall be accessible from the aisles or from the crossovers. The minimum width of a box entrance shall be three feet. When boxes are located at the sides of the proscenium and within 40 feet of the proscenium wall, no other means of egress need be provided. Boxes located at the sides of the proscenium shall be within 40 feet of the proscenium wall. The stairs for such boxes shall have a minimum width of 2 1/2 feet and shall lead to the nearest balcony or tier of seats below the boxes.
M. 
Diagram of exits. A diagram or plan of each tier in the auditorium, showing clearly and distinctly all the exits of such tiers, shall be printed in black lines on each program of the performance. Each such diagram shall occupy a space on the program of at least 10 square inches.
Aisles shall be at least three feet wide where they begin and shall be increased in width toward the exits in the ratio of 1 1/2 inches to five running feet. Where exits, corridors, passages or crossover aisles are provided at both ends of any aisle, the aisle may be uniform in width and at least the average width obtained by increasing the width of the aisle from the standing point to the end as previously prescribed. Whenever an aisle borders on a means of entrance, the aisle shall have a minimum width of four feet for the space required for such entrance doors.
The aggregate capacity of the foyers, lobbies, vestibules and corridors intended for the use of the audience, excluding toilet rooms, lounges and other similar spaces or aisle space between seats, shall be sufficient on each tier to accommodate the entire number of persons occupying such tier in the ratio of 150 square feet of space for every 100 persons and shall be separated from adjoining spaces, such as toilet rooms, lounges, refreshment spaces, etc., by partitions having a fire-resistive rating of at least two hours. The floor space in any mezzanine or intermediate floor connected to any tier by vomitories may be included in computing the required floor space for that tier.
Ramps or inclined planes shall be employed instead of steps to overcome slight differences of level in or between aisles, corridors and passages. Where the total difference in level will cause the gradient of the ramp to be more than one in 12, the excess may be made up by using steps, except in aisles on the orchestra floor. The maximum gradient in aisles on the orchestra floor shall be one in six for the first, second and third rows of seats from the rear; one in seven for the fourth, fifth and sixth rows; one in eight for the seventh, eighth and ninth rows: and one in 10 for the remaining rows.
Every structure subject to the requirements of this article, in accordance with § 86-95A, Application of requirements for special occupancy structures, shall, except as otherwise provided in this section, be equipped with the following fire-fighting apparatus:
A. 
Sprinkler systems. A separate and distinct system of automatic sprinklers complying with Article XV, Fireextinguishing and Detecting Equipment, § 86-127, shall be placed under the roof of the stage, under the gridiron, under all fly galleries and bridges and over the stage at such intervals as will protect every square foot of stage surface when sprinklers are in operation, and an additional line of sprinkler heads shall be placed on the stage side of the proscenium opening. Automatic sprinklers shall also be placed in the dressing room and under the stage and in all workrooms, storerooms and property rooms. Sprinkler systems shall in all other respects comply with Article XV, Fire-extinguishing and Detecting Equipment, § 86-127.
B. 
Standpipe systems.
(1) 
Separate and distinct standpipe risers shall be provided on every floor and tier with hose attachments as follows: one on each side of the auditorium in each tier, one in each mezzanine, one on each side of the stage in each tier, one in each tier of dressing rooms, one in the property room and one in each workroom and storeroom, except when the property room, storeroom or workroom is within 50 feet of a standpipe hose outlet. Such standpipes shall be kept unobstructed. They shall be supplied by a separate gravity tank or by a pressure tank located above the roof and by a fire pump of 250 gallons per minute capacity. Standpipe tanks shall be kept constantly filled with water at the rate of at least 65 gallons per minute by means of an automatic filling pump capable of delivering at least 65 gallons per minute into the tank.
(2) 
The fire pump shall be automatic in operation and shall be supplied from the street main and be ready for immediate use at all times during any performance in the structure, except that theaters used exclusively for the exhibition of motion, sound or television pictures, which are without stage, dressing rooms or scenery, shall not be required to have a fire pump.
(3) 
The standpipe system shall otherwise comply with Article XV.
C. 
Hose. A proper and sufficient quantity of two and one-half-inch hose not less than 100 feet in length, fitted with the regulation couplings of the Fire Department and with nozzles attached thereto and with hose spanners at each outlet shall always be kept attached to each hose attachment as the Village Board may direct.
D. 
Hand fire-extinguishing equipment. At least four casks of approximately 50 gallons capacity full of water and two buckets for each cask shall be kept in readiness for immediate use on the stage. Such casks and buckets shall be painted red and marked with the word FIRE in letters of contrasting color at least four inches high. Hand pumps or other portable fire-extinguishing apparatus and at least four casks and two twenty-five-foot hooks, two fifteen-foot hooks and two ten-foot hooks shall be provided on each tier or floor of the stage. At each required standpipe hose outlet, a two-and-one-half-gallon hand extinguisher, one regulation fire ax and two six-foot hooks shall be provided. Two two-and-one-half-gallon extinguishers may be substituted for each required cask and its buckets and, if provided, shall be recharged annually and, when used, immediately after use.
No steam boiler shall be located under the stage or auditorium. Every steam boiler operating at a pressure of 10 or more pounds and used for any purpose shall be located outside of that portion of the structure used for special occupancy purposes. The boiler-room space shall be enclosed by masonry having a combined fire-resistive rating of at least four hours, and doorways to the boiler room shall be protected with an automatic and self-closing door assembly having a fire-resistive rating of two hours. The self-closing door shall be hung at the outer side of the opening and shall open outwardly. The placing of coils or radiators within seven feet of the floor in any hall or passageway used for exit is forbidden unless they are placed in recesses covered with grilles. Supply, return or exhaust pipes shall be properly encased and protected where passing through floors or near woodwork and shall be so protected on the stage by means of guards as to prevent scenery from coming in contact with the pipes.
Any theater, opera house or structure intended to be used for theatrical or operatic purposes legally constructed and approved for such purpose prior to the adoption of this code and any public dance hall approved by the Superintendent of Buildings and erected prior to the adoption of this code shall be exempt from the requirements of this article.
A. 
Restriction on construction of motion-picture theaters.
(1) 
A public hall or room for the display of motion, sound or television pictures with a seating capacity of 600 persons or less and without stage or platform exceeding five feet in depth and without scenery shall be rated as a motion-picture theater entitled to the exceptions from the general requirements of this article as provided in this section. The construction or use of such a theater is forbidden in any frame structure or in a multiple dwelling of less fire-resistive type of construction than Class 1 Fireproof Structures or in a commercial structure or factory, except where the theater is separated from the rest of the structure by unpierced walls and floors as follows:
(a) 
In case of a Class 1 Fireproof Structure, a four-hour fire-resistive rating.
(b) 
In case of a Class 2 Fire-Protected Structure, a three-hour fire-resistive rating.
Such theaters shall be constructed on the ground floor only.
(2) 
In theaters having more than 600 seats, designed and used exclusively for the display of motion, sound or television pictures and without stage, platform or dressing rooms of any kind, the space behind the last row of seats furthest from the screen may be 4 1/2 feet below the street level, provided that all other requirements of this article are met and the means of egress and ingress from such space below the street is by ramps with a maximum gradient of one foot in 10.
B. 
Construction of Class 3 nonfireproof motion-picture theaters. Motion-picture theaters meeting the requirements of Class 3 Nonfireproof Structures shall also comply with the following requirements.
(1) 
Walls, partitions and ceilings in Class 3 motion-picture theaters.
(a) 
If the walls or partitions of the theaters contain wooden studs, they shall be covered with metal lath and plastered with 5/8 inch of unsanded gypsum plaster or 7/8 inch of cement plaster or sanded gypsum plaster.
(b) 
The ceilings of the auditorium and of all rooms used in connection with it and of any basement or cellar under the theater shall be covered with metal lath and plaster complying with § 86-78, Fire-resistive ceiling.
(2) 
Balconies and stairways in Class 3 motion-picture theaters.
(a) 
A balcony with 25% or less of the total seating capacity of the theater may be permitted, except in a theater constructed on a lot less than 20 feet wide. Balcony entrances and exits shall be independent of those serving the main floor.
(b) 
Balcony stairs shall be constructed of incombustible materials and shall have a minimum width of four feet and a total width of at least eight feet in the clear when the balcony accommodates 150 persons, but such width may be reduced by one foot for each 50 persons less than 150. Such stairways shall be equipped with handrails on both sides and, when over seven feet wide, a center handrail shall be provided. Winding stairways are forbidden. The maximum height of risers shall be 7 3/4 inches, and the minimum width of treads, exclusive of nosings, shall be 9 1/2 inches.
C. 
Means of egress from motion-picture theaters.
(1) 
Aisles, cross aisles and exits in motion-picture theaters.
(a) 
Aisles shall be at least three feet wide throughout their length. A cross aisle or open space at least six feet deep shall be left behind the last row of seats on the main floor, and the total space in lobbies, foyers and promenades shall be at least 1 1/2 square feet per person.
(b) 
Motion-picture theaters shall be provided with at least two separate exits from the main floor, one of which shall be at the front and the other within 1/10 of the depth of the theater from the rear wall, and both shall lead to unobstructed outlets to the street. Where the main floor of the theater accommodates more than 300 people, at least three such exits should be provided and their aggregate width in feet shall be 1/20 of the number of persons to be accommodated.
(c) 
Exits shall be at least five feet wide and there shall be a main exit at least 10 feet in total width. Single doors shall be at least 40 inches in width and double doors at least 60 inches in width. Exit doors shall open outwardly and shall be arranged so as to leave the required width of the exit or court unobstructed when opened and shall have a fire-resistive rating of 3/4 hour. Doors leading to fire escapes shall be at least 40 inches wide in the clear and shall be located on the opposite side or end of the gallery from other exit doors.
(d) 
To overcome differences of level between corridors, lobbies and aisles, ramps with a maximum gradient of one foot in 10 shall be used.
(2) 
Exit passageways for motion-picture theaters. If in any such theater, it is impractical to provide an unobstructed exit to a street at the rear of the theater, either an open court or a fireproof passageway or corridors shall be provided extending from the rear exit to the street front at least four feet in the clear for theaters accommodating 100 persons or less. The width shall be increased eight inches for every additional 100 persons to be accommodated. Such passageways or corridors shall be at least 10 feet high in the clear. The walls, ceilings and floors of such passageways or corridors shall be constructed of incombustible materials or assemblies having a fire-resistive rating of at least four hours. If there is a basement, the wall on the auditorium side shall either run one foot below the cellar bottom or be carried in the cellar on steel or iron columns or girders covered with protection having a fire-resistive rating of three hours in accordance with Article XI, Fire-Resistive Construction. If unobstructed rear exit or exits to a street are provided, they shall be of the same total width as required for the court passageways of the corridors mentioned above. The level of the open court or passageway at the front of the building shall be at most one step above the level of the sidewalk and the maximum gradient shall be one foot in 10 or if the steps are used, a maximum height of riser shall be eight inches, and the minimum width of tread shall be at least 10 inches, exclusive of the nosings. The maximum permissible number of steps shall be seven.
(3) 
Fire escapes for motion-picture theaters. Balconies shall also be provided with at least one line of fire escapes leading to an open court, fireproof passage or street without reentering the theater. If the fire escape leads to a point in the court nearer the street than any exit, the minimum clear width between the outer edge of the fire escape and the outer wall of the court shall be four feet. If a passageway is provided, it shall comply with requirements for passageways in § 86-104B, Emergency courts or passageways. Fire escapes shall have balconies with a clear width of at least 40 inches and a length of 54 inches. Staircases shall extend from such balconies to the ground level with a maximum riser of eight inches and a minimum width of treads of 9 1/2 inches, exclusive of nosings. Such staircases shall be at least 40 inches wide.
D. 
Seats in motion-picture theaters. Seats, except in boxes, shall comply with § 86-103, Seats in special occupancy structures. Seats in boxes shall comply with § 86-104L, Boxes.
A. 
Permanent motion-picture machine booths.
(1) 
The use of any cinematograph or other apparatus for projecting motion pictures which uses flammable films more than 10 inches in length is forbidden unless such projecting apparatus is enclosed in a booth constructed of incombustible materials according to plans and specifications approved by the Superintendent of Buildings.
(2) 
Such booths shall be at least seven feet in height. If one machine is to be operated in such booth, the floor space shall be at least 7 1/2 feet by 10 feet. Twenty-four additional square feet of floor space shall be provided for each additional machine.
(3) 
Booths shall be provided with two means of exit consisting of passageways, stairs or ladders and located one at each end of the booth. One of these means of exit shall be through a door at least 24 inches wide and 70 inches high. All such doors shall be self-closing and shall open in the direction of egress.
(4) 
One operating window shall be provided for each machine and one for each operator. Such windows shall be as small as will permit the necessary service and shall be provided with shutters of approved incombustible material. The shutters shall be so arranged as, in the event of fire, to close the window openings automatically by the operation of approved fusible and manual releasing devices.
(5) 
All booths shall be provided with a separate opening or vent flue in the roof or upper part of the side wall leading to the outer air. Such flues shall be at least 78 square inches in cross section and made of incombustible materials. When booths are in use, a current of air at the minimum rate of at least 50 cubic feet per minute shall be maintained through the booth to the outer air and furnish a complete change of air every 10 minutes.
B. 
Portable motion-picture machine booths. Where motion pictures are exhibited daily for one month or less or at most three times a week in educational or religious institutions or bona fide social, scientific, political or athletic clubs, a portable booth may be used. Such portable booths shall be at least six feet high and at least 20 square feet in area and shall be constructed of hard asbestos board, sheet steel of at least No. 24 United States gauge or of other approved incombustible material. Such portable booths shall have windows and doors as required in Subsection A but shall be exempted from the requirements for vent flues. The floors of such booths shall be at least 1/2 inch above the permanent support on which they are placed to permit the passage of air under the floor of the booth.
C. 
Exemptions and requirements for miniature cinematograph machines. Miniature motion-picture machines in which the maximum electric current used for the light is 350 watts are exempted from the requirements of Subsections A and B. Such miniature machines shall be operated in an approved box of incombustible material constructed with a fusible link or other approved releasing device to close instantaneously and completely in case of combustion within the box. The light in such miniature machines shall be completely enclosed in a metal lantern box covered with a nonremovable roof. Miniature motion-picture apparatus. which uses only an enclosed incandescent electric lamp and approved acetate of cellulose or slow burning films and is of such construction that films ordinarily used on full-sized commercial picture apparatus cannot be used, are likewise exempted from the requirements of the above named sections.
Existing motion-picture theaters legally constructed and operated at the time this code is adopted shall comply with the requirements of this article for motion-picture theaters only to the extent ordered by the Superintendent of Buildings so long as the seating capacity is not increased. If the seating capacity of an existing motion-picture theater is increased, it shall comply with all of the requirements for such theaters.
A. 
The sealing capacity of each open-air motion-picture theater shall be such as shall be prescribed by the Village Board. All such theaters shall conform to the following requirements:
(1) 
Aisles. The number and width of all aisles shall be as prescribed by the Village Board but no aisle shall be less than four feet wide.
(2) 
Exits. At least two separate exits, remote from each other, shall be provided, and no exit shall be less than five feet in width. For every 25 persons to be accommodated in excess of 300, the total width of exits shall be increased by one foot. All exits must be indicated by signs and red lights, and doors must open outwardly.
(3) 
Seats. Seats must be stationary, with backs 32 inches apart, and so arranged that no seat shall have more than seven seats intervening between it and an aisle. Chairs must be either securely fastened to a wood or concrete floor or all chairs in a row must be fastened together and at least four rows must be securely fastened to one frame, except that where refreshments are served, tables and unattached chairs or benches used with them may be permitted.
(4) 
Floors. The floor must be constructed either of wood with sleepers or concrete and it must extend at least five feet from the seats on all sides; provided, however, that in the discretion of the Village Board, a gravel floor may be substituted for wood or concrete.
B. 
In addition to the foregoing, the provisions of § 86-112, Booths for motion-picture projecting machines, shall apply.
A. 
A Compliance with Building Code and state regulations. Every structure or building used either in whole or in part for a bowling alley, the interior rooms and exits shall comply with all the provisions of the Building Code of the Village and the Building Code of the State of New York, Department of Labor, for buildings of public assembly and as hereinafter provided.
B. 
Prohibited uses. No portion of any structure described in Subsection A shall be occupied or used as a hotel, boarding or lodging house or for factory or storage purposes.
C. 
Alley bed. The alley bed and machine supports shall be supported on a minimum of four inches of poured concrete and reinforced with a minimum of six by six No. 10 wire mesh on earth subgrade.
D. 
Lighting. The lighting over the alleys shall maintain a minimum of approximately 10 footcandles. The minimum lighting for the remainder of the building shall be sufficient for nine-point-print reading. Emergency exit lights must be a minimum of eight inches high and on a separate circuit.
E. 
Ventilation.
(1) 
Air changes. The exhaust system shall be sufficient to supply a minimum of six air changes per hour.
(2) 
Toilets. All toilets shall have direct ventilation or shall be mechanically ventilated directly to the outside.
(3) 
Cooking areas. All cooking areas shall have mechanical ventilation directly to the outside.
F. 
Acoustics.
(1) 
Walls, windows. The wall along the side of the bowling alleys and behind the pin setting machines shall not have windows that open, except that a storage room or shop behind those walls may have windows that open.
(2) 
Alley floor. The alley floor must be supported on wood sleepers at a minimum depth of three inches above the building floor and directly on 1/2 inch of fiberboard for sound control.
(3) 
Ceiling generally. The ceiling from the promenade to the curtain wall at the face of the pin setting machines shall have a minimum of three-fourths-inch sound insulation.
(4) 
Ceiling over machines and on inside of curtain wall. The ceiling over the pin setting machines and on the inside of the curtain wall shall have a minimum of three-fourths-inch sound insulation.
(5) 
Sound insulation, type. Sound insulation shall be of a type that cannot support flame and, if painted, will not lose more than 20% of its sound insulating value after three paintings.
(6) 
Decibel sound level rating. Notwithstanding the above specifications, the decibel sound level rating at a point of 15 feet from the building shall not exceed an average rating of 70 decibels by more than 3%.
G. 
Resurfacing and refinishing. All resurfacing operations and pin operations shall conform to Article 8, Sections 8.0 and 8. 1, of Ordinance Number 60-1950 known as the "Nassau County Fire Prevention Ordinance."