[HISTORY: Adopted by the North Hempstead
Town Board 8-26-1997 by L.L. No. 18-1997. Amendments noted where applicable.]
[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:
Any person applying for a license under this chapter.
Commissioner of the Department of Building, Safety Inspection
and Enforcement, or his designee.
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]
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]
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]
The floor area of a story of a building within exterior walls,
party walls, fire walls or any combination thereof.
Official document showing the maximum permitted occupancy
of the named establishment.
Any individual, association, company, congregation, corporation,
limited liability company, partnership, society or other group or
business entity.
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]
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]
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.
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]
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:
[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.
[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.
