Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 8-26-1997 by L.L. No. 18-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 2A.
Building code — See Ch. 7.
Fire prevention — See Ch. 22.
[Amended 12-13-2005 by L.L. No. 14-2005]
This ordinance shall be known and may be cited as the "Places of Assembly and Places of Public Assembly Law of the Town of North Hempstead."
[Amended 12-13-2005 by L.L. No. 14-2005]
The Town Board, recognizing the dangers posed by places of assembly and places of public assembly which do not meet minimum firesafety and construction standards, finds that public health, safety, welfare and the good order and governance of the town will be enhanced by enactment of the regulations set forth in this chapter.
A. 
This code shall apply throughout the applicable jurisdiction of the Town of North Hempstead.
B. 
All provisions of the Building Code of New York State applicable to places of assembly and places of public assembly are incorporated into this chapter.
[Amended 12-13-2005 by L.L. No. 14-2005]
C. 
The provisions of this code shall supplement local and state laws, ordinances, codes and regulations. Where a provision of this code is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for a license under this chapter.
BUILDING COMMISSIONER
Commissioner of the Department of Building, Safety Inspection and Enforcement, or his designee.
CARBON MONOXIDE ALARM
A single or multiple-station device that has (a) a sensor capable of detecting the presence of carbon monoxide and (b) an alarm that sounds when carbon monoxide is detected.
[Added 4-22-2014 by L.L. No. 4-2014]
CARBON MONOXIDE DETECTOR
A device that (a) has a sensor capable of detecting the presence of carbon monoxide and (b) is connected to an alarm unit that sounds an alarm and provides a digital readout when carbon monoxide is detected at or about the exposure limits established by the United States Department of Labor under the Occupational Safety and Health Act.[1]
[Added 4-22-2014 by L.L. No. 4-2014]
CARBON MONOXIDE SOURCE
Any appliance, equipment, device or system that may emit carbon monoxide (including, but not limited to, fuel-fired furnaces; fuel-fired boilers; space heaters with pilot lights or open flames; kerosene heaters; wood stoves; fireplaces; and stoves, ovens, dryers, water heaters and refrigerators that use gas or liquid fuel), garages and other motor-vehicle-related occupancies.
[Added 4-22-2014 by L.L. No. 4-2014]
FIRE AREA
The floor area of a story of a building within exterior walls, party walls, fire walls or any combination thereof.
OCCUPANCY POSTER
Official document showing the maximum permitted occupancy of the named establishment.
PERSON
Any individual, association, company, congregation, corporation, limited liability company, partnership, society or other group or business entity.
PLACE OF ASSEMBLY
A place of assembly includes any building or part thereof, except for single-family uses, which is occupied or arranged to be occupied to accommodate 49 persons or less for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes, the entire fire area of which it is part and the means of egress therefrom.
[Added 12-13-2005 by L.L. No. 14-2005]
PLACE OF ASSEMBLY LICENSE
Official document granting permission to operate a place of assembly, issued only after compliance with all applicable requirements of this chapter.
[Added 12-13-2005 by L.L. No. 14-2005]
PLACE OF PUBLIC ASSEMBLY
A place of public assembly includes any building or part thereof which is occupied or arranged to be occupied to accommodate 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes, the entire fire area of which it is part and the means of egress therefrom.
PLACE OF PUBLIC ASSEMBLY LICENSE
Official document granting permission to operate a place of public assembly, issued only after compliance with all applicable requirements of this chapter.
[Amended 12-13-2005 by L.L. No. 14-2005]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: See 29 U.S.C. § 651 et seq.
A. 
No person shall conduct, maintain or operate a place of public assembly or allow, let or permit property, a building or part thereof to be used as or for a place of public assembly without a written license issued by the Building Commissioner.
B. 
No person shall conduct, maintain or operate a place of assembly or allow, let or permit property, a building or part thereof to be used as or for a place of assembly without a written license issued by the Building Commissioner.
[Added 12-13-2005 by L.L. No. 14-2005; amended 4-22-2014 by L.L. No. 4-2014]
The Building Commissioner shall develop and implement rules and regulations necessary to implement this chapter. These rules and regulations shall include, at a minimum:
A. 
Schedules for the inspection of places of assembly to ensure compliance with this chapter, such schedules mandating one-time inspection of each and every place of assembly.
[Added 12-13-2005 by L.L. No. 14-2005; amended 4-22-2014 by L.L. No. 4-2014]
B. 
Schedules for the inspection of places of public assembly to ensure compliance with this chapter, such schedules mandating at least one inspection per calendar year of each and every place of public assembly.
C. 
A manual or similar compilation of all applicable sections of the Uniform Code.
D. 
Forms for applications for a place of assembly license and a place of public assembly license.
[Amended 4-22-2014 by L.L. No. 4-2014]
E. 
Requirements for standardized places of assembly licenses and places of public assembly licenses, and occupancy posting.
[Amended 12-13-2005 by L.L. No. 14-2005; 4-22-2014 by L.L. No. 4-2014]
F. 
Forms and procedures for the collection of data on places of assembly and places of public assembly required for the filing of reports to the Town Board or any other governmental agency which regulates or monitors places of assembly and/or places of public assembly.
[Amended 4-22-2014 by L.L. No. 4-2014]
[Amended 12-13-2005 by L.L. No. 14-2005]
A. 
Application for license of a place of public assembly. Every person who shall apply for a license under this chapter shall file a verified application with the Building Commissioner and shall pay the fee provided for in § 9-15 of this chapter.
B. 
Application for license of a place of assembly. Every person who shall apply for a license under this chapter shall file a verified application with the Building Commissioner and shall pay the fee provided for in § 9-15 of this chapter.
C. 
Each application required in either Subsection A or B above, shall contain, at a minimum, the following information:
(1) 
The name and residence address of each applicant.
(2) 
If the applicant is other than a natural person, the name of the entity applying for the license, the name(s) and residence address(es) of all directors and officers of the entity, the purpose for which the entity has been created and:
(a) 
If the applicant is a partnership, the partnership name and residence address of each partner.
(b) 
If the applicant is a corporation, the names of all stockholders holding more than a five-percent beneficial interest in the corporation, the address for service of process, the name of the corporate agent and his address and the state under the laws of which the corporation is organized.
(3) 
The premises to be licensed, stating the street and number, and the section, block and lot.
(4) 
The name and residence address of the owner of the building or premises wherein or whereon the licensed place of assembly or place of public assembly is located.
(5) 
Whether the applicant is a lessee and, if so, the name and residence of the lessor.
(6) 
The name under which the establishment is doing business.
D. 
Each initial application shall be accompanied by, at a minimum:
(1) 
Floor plans of the building accurately drawn to scale, to include all dimensions, all uses, all seating, movable and fixed, all exits, size and swing of all doors, all stairs, all corridors, all aisles and all emergency lighting.
(2) 
A site plan of the property upon/within which the establishment will operate, to include zoning, location and distance of neighboring buildings, parking facilities, fire lanes and all neighboring streets, unless the Building Commissioner shall determine in writing that the property is in full compliance with all applicable building, safety and zoning requirements.
E. 
Each renewal application shall include all the information called for in Subsection C above, and shall include a statement as to whether there have been any changes since the issuance of the most recent previous place of public assembly license. If there have been changes, the renewal application shall also require the information called for in Subsection D above.
[Amended 4-22-2014 by L.L. No. 4-2014]
[Amended 12-13-2005 by L.L. No. 14-2005]
A. 
All places of assembly and places of public assembly shall comply with all applicable building and zoning standards of the Town of North Hempstead.
B. 
All places of assembly and places of public assembly shall comply with all applicable building and firesafety standards found in the Uniform Code.
[Amended 12-13-2005 by L.L. No. 14-2005]
A. 
The Building Commissioner shall not issue any license or authorize the posting of any occupancy until he shall have caused a review of all application materials and an inspection of the premises to be licensed and until he is satisfied that the provisions of this chapter, the Uniform Code and all other applicable laws, ordinances, codes, rules and regulations pertaining to places of assembly and places of public assembly have been complied with, that a proper use has been established for the premises and that the required fee has been paid.
B. 
If, after the review described above, the Building Commissioner is satisfied that the place of assembly and place of public assembly meets all applicable standards, he shall:
[Amended 4-22-2014 by L.L. No. 4-2014]
(1) 
Issue a public assembly license and an occupancy poster detailing the maximum number of occupants legally allowed to occupy the establishment. The license shall remain in effect for one year from the date of issue. The occupancy poster shall remain in effect until such time as the establishment has been approved for a change in the number of occupants from the date of initial issuance.
(2) 
Issue a place of assembly license and an occupancy poster detailing the maximum number of occupants legally allowed to occupy the establishment. The occupancy poster shall remain in effect until such time as the establishment has been approved for a change in the number of occupants from the date of initial issuance.
C. 
If, after the review described above, the Building Commissioner is not satisfied that the place of assembly and place of public assembly meets all applicable standards, he shall detail the specific problems and provide them to the applicant. If the applicant has not cured the problems within the time allotted by the Building Commissioner, the application shall be denied and the place of assembly license or place of public assembly license, as the case may be, shall not be issued.
[Amended 4-22-2014 by L.L. No. 4-2014]
[Amended 12-13-2005 by L.L. No. 14-2005]
A. 
Each license and occupancy poster issued under this chapter shall be kept conspicuously posted as directed in every place of assembly and place of public assembly. It shall be unlawful to conceal, remove, deface or alter such license or occupancy poster.
B. 
A license which has been issued for a place of assembly and place of public assembly which is lost, stolen, altered, mutilated or missing shall be replaced immediately, and the prescribed fee shall be paid for its replacement.
C. 
Posting of the maximum number of persons permitted in a place of assembly or place of public assembly shall be required prior to the occupancy of the premises.
At no time shall the number of individuals within the licensed establishment exceed the maximum legal occupancy as determined by the Building Commissioner and found on the occupancy poster.
No license issued under the provisions of this chapter shall be transferred or assigned to any person or establishment other than the licensee to whom it was issued, nor shall such license be used or displayed at any establishment and location other than the establishment and location stated in such license.
[Amended 12-13-2005 by L.L. No. 14-2005]
When, based upon investigation and review, the Building Commissioner determines that continued operation of a place of assembly and place of public assembly presents an imminent danger to human life or public health and safety, he is hereby empowered to authorize the immediate cessation of operation of such a place of assembly and place of public assembly.
[Amended 12-13-2005 by L.L. No. 14-2005]
A. 
The Building Commissioner shall have the power to revoke a public assembly license or a place of assembly license under the following circumstances:
(1) 
Where the Building Commissioner determines that there has been any false statement or material misrepresentation contained in any part of the application or supporting plans or documents upon which the license was based; or
(2) 
Where the Building Commissioner determines that the license was issued in error and should not have been issued in accordance with the requirements of this chapter or other applicable law; or
(3) 
Where the Building Commissioner finds an imminent danger to human life or public health and safety in or on the premises for which the license was issued.
(4) 
Where the Building Commissioner determines that the person to whom the license was issued fails or refuses to comply with a written order indicating items requiring correction or work needed to comply with this chapter within the time period established by the Building Commissioner.
B. 
A written notice of revocation of a license shall be served upon the holder of the license and the owner, occupant or person in control of the premises covered by the license. Said notice shall be served personally or by certified mail, return receipt requested, and an addressed copy of the notice shall be posted on the premises covered by the license, if practicable.
C. 
An appeal from such revocation may be taken by the license holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings, a conclusion and a decision either sustaining such license revocation or reinstating such license within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a license revocation until the Town Board has considered and ruled upon the issue.
[Amended 2-9-1999 by L.L. No. 3-1999; amended 12-13-2005 by L.L. No. 14-2005; 4-11-2006 by L.L. No. 5-2006]
Fees under this chapter shall be as follows:
A. 
Initial and annual renewal license fees shall be based on maximum allowable occupancy as approved by the Building Commissioner, and shall be in accordance with the amounts indicated in the Town of North Hempstead Fee Schedule.
B. 
Replacement licenses and occupancy posters shall be in the amount indicated in the Town of North Hempstead Fee Schedule.
C. 
The fees required by this section shall be waived for those institutions:
[Added 5-2-2006 by L.L. No. 6-2006]
(1) 
Whose real property, on which the place of public assembly and the place of assembly is located, is exempt from taxation on the assessment roll of the County of Nassau;
(2) 
Which obtained the aforesaid exemption by filing forms RP-420-a-Org and RP-420-a/b-Use with the County of Nassau and by giving the following answers to the following questions on those forms:
(a) 
Form RP-420-a-Org:
[1] 
"Religious" to Question 2a.
[2] 
"Yes" to Question 3.
(b) 
Form RP-420-a/b-Use: "No" to Question 12; and
(3) 
Which, in conjunction with their application for a license under § 9-7, file with the Building Commissioner a form, approved by the Building Commissioner, establishing their right to claim exemption from such fees.
[Added 4-22-2014 by L.L. No. 4-2014[1]]
A. 
Every person holding a license, or required to hold a license, under this chapter for a place of assembly or place of public assembly shall comply with the following provisions:
(1) 
All existing indoor places of assembly and places of public assembly shall have properly operational carbon monoxide detectors and/or carbon monoxide alarms, either hard-wired or plug-in type, installed at the premises.
(2) 
All new construction shall provide hard-wired carbon monoxide detectors and/or carbon monoxide alarms, in compliance with the positioning requirements set forth in this section.
(3) 
Carbon monoxide detectors and/or carbon monoxide alarms shall be positioned in accordance with the manufacturer's specifications relative to all actual or potential carbon monoxide sources located at the premises, and on each floor directly above same, as applicable.
(4) 
Carbon monoxide detectors and/or carbon monoxide alarms shall be installed and maintained in accordance with the manufacturer's specifications.
(5) 
No carbon monoxide detector or carbon monoxide alarm shall be removed or disabled, except for service, repair or replacement.
(6) 
The use of any device that combines smoke detector with carbon monoxide detector and/or carbon monoxide alarm functions in a place of assembly or place of public assembly is prohibited.
B. 
The Building Commissioner may adopt further regulations as he deems appropriate, in respect to quality, and periodic maintenance and testing, to ensure effectiveness of carbon monoxide detectors and carbon monoxide alarms.
C. 
Failure to comply with the provisions of this section shall constitute an offense within the meaning of the Penal Law of the State of New York.
[1]
Editor's Note: This local law also redesignated former §§ 9-16 and 9-17 as §§ 9-25 and 9-26, respectively.
[Added 4-22-2014 by L.L. No. 4-2014]
The provisions of § 9-16 shall be effective upon filing with the Secretary of State, except that no violation of said section will be charged prior to July 1, 2014.
A. 
Any violation of the provisions of this chapter shall be punishable as follows:
(1) 
For conviction of a first offense, by a fine of not less than $250 and not more than $1,000, or by imprisonment not exceeding 15 days, or by both.
(2) 
For conviction of the second of two offenses, both of which were committed within a period of five years, by a fine of not less than $500 and not more than $2,000, or by imprisonment not exceeding 30 days, or by both.
(3) 
For conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of five years, by a fine of not less than $1,000 and not more than $5,000, or by imprisonment not exceeding 45 days, or by both.
B. 
Each day's continued violation shall constitute a separate and distinct violation.
If any provision of this chapter or the rules and regulations promulgated hereunder or any directive, order or instruction given by anyone authorized to enforce this chapter shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the particular provision, rule or regulation involved.