HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 7-14-1976.
Section 133-20 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendment noted where applicable.]
As used in this chapter the following terms shall have the meanings
indicated:
All buildings or parts of buildings not included under “theaters,”
where 100 or more persons assemble for entertainment, instruction, worship
or dining purposes.
An assembly hall built in connection with a school, club, church
or society building and used only for private gatherings and not rented for
public use. Every other assembly hall is a public assembly hall.
All buildings or parts of buildings used for theatrical, operatic
or motion- picture performances of a public nature, except as provided in
this section.
A.
Occasional private motion-picture performances (not more than two in any week) may be given in a private assembly hall, but in all such cases a fireproof booth must be provided according to § 133-18.
C.
Occasional motion-picture or theatrical performances (not over two in any week) may be given in a public assembly hall which is located on the first floor and accommodates not over 300 persons. In all such cases, a fireproof booth must be provided and the stage must be protected as specified in §§ 133-10, 133-11, 133-16 and 133-18. No place of assemblage shall be located over any such assembly hall.
A.
Theaters.
(1)
Theaters.
[Amended 9-10-1984 by Ord. No. 9-84;
6-18-92 by Ord. 7-92]
(a)
No adult motion picture theater shall be established
less than 2,000 feet from the outside perimeter property line of any then
existing premises principally used for religious worship or the education
of elementary grade pupils or as public recreational areas. In addition, No
adult motion picture theater shall be established less than 2,000 feet from
the outside perimeter property line of any then existing religious worship
premises or the education of elementary grade pupils or as public recreational
areas. For purposes of this ordinance the term adult motion picture theater
shall be defined as a building used for the presenting for observation by
patrons therein motion picture films, video cassettes, cable television, or
any other such visual media, distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas as defined by (b) and (c) of this ordinance
below. Specified Sexual Activities is defined as:
(b)
Specified Anatomical Areas is defined as:
(2)
No theater shall hold a performance prior to 12:00 noon,
local time, or subsequent to 12:00 midnight, local time, on any day of the
week.
(3)
Every building used in whole or in part as a theater
shall be located at least 50 feet away from any other building.
(4)
Every theater, at all times while a performance is in
progress, shall provide within the darkened auditorium at least one ushering
attendant equipped with a flashlight, whose duties shall include conducting
patrons to seats, observing and maintaining fire and other safety precautions
and otherwise maintaining good order among the members of the audience.
(5)
The main entrance or entrances of theaters shall not
be at a higher level than three steps of six inches each above the sidewalk
at that point. The floor level at the highest row of seats on the main floor
shall not be more than six feet above the sidewalk level at the main entrance,
and the floor level at the lowest row of seats on said floor shall not be
more than six feet below the level of the adjoining sidewalk.
(6)
Theaters which accommodate not more than 300 persons
shall be of ordinary construction or better.
(7)
Theaters which accommodate more than 300 persons shall
be of fireproof construction, except the stage floor, which shall be of fireproof
or mill construction. The roof may be of wood but must have a non-combustible
roof covering; provided, however, that if the theater accommodates more than
1,000 persons, the roof shall be noncombustible throughout.
(8)
Balconies and galleries shall be of fireproof construction.
No balconies or galleries will be permitted in theaters which accommodate
300 persons or less unless the buildings are built as specified above for
theaters accommodating more than 300 persons.
B.
Assembly halls.
(1)
Assembly halls which accommodate more than 1,000 persons
shall be of fireproof construction. Balconies and galleries shall be of fireproof
construction. Assembly halls which accommodate not more then 1,000 persons
shall be of ordinary construction or better, except as follows:
(2)
Assembly halls accommodating not more than 500 persons
may be built of frame construction, provided the following conditions are
complied with:
(a)
The entire building shall be not more than two stories
high.
(b)
The foundation walls and piers shall be of noncombustible
construction. No basement will be permitted.
(c)
The building shall be at least 50 feet away from any
other building.
(d)
The balcony shall not accommodate more than 100 persons
and two balcony stairways remote from each other shall lead directly to outside
doors.
(3)
Every assembly hall accommodating more than 750 persons
shall have the highest point of the main auditorium floor not more than eight
feet above, and in no case below, the grade line at the main entrance, except
that in a building of fireproof construction, the highest point of such auditorium
floor shall be not more than 15 feet above such grade.
(4)
An assembly hall accommodating not more than 750 persons
and with not more than one balcony may be placed in the second story of a
building of fireproof construction, provided that the highest point of the
main auditorium floor is not more than 22 feet above the grade at the main
entrance of the building.
(5)
An assembly hall accommodating not more than 400 persons
and with not more than one balcony may be placed in the third story of a building
of fireproof construction, provided that the highest point of the main auditorium
floor is not more than 35 feet above the grade at the main entrance to the
building.
(6)
In a building which accommodates not more than 1,000
persons, the ceiling and the roof may be of combustible material but the roof
covering must be noncombustible.
(7)
An assembly hall accommodating not more than 400 persons
and having no balcony or gallery may be placed on the second floor of a building
of ordinary or mill construction, provided that the highest point of the floor
is not more than 22 feet above the grade at the main entrance of the building.
(8)
An assembly hall accommodating not more than 200 persons
and having no balcony or gallery may be placed in the third story of a building
of ordinary or mill construction, provided that the floor level is not more
than thirty-five (35) feet above the grade at the main entrance of the building,
or may be placed in any story of a building of fireproof construction.
A.
The wall containing the main entrance to any theater
or public assembly hall shall abut on a street. The lobby or passageway leading
from the main entrance to the main auditorium door shall be not longer than
50 feet nor longer than three times its width, unless it is enclosed with
unpierced fireproof ceiling and floor and with an unpierced standard fire
wall on each side, but if the theater or assembly hall accommodates not more
than 500 persons, such passageway shall be enclosed with unpierced fireproof
or semi-fireproof ceiling, floor and partitions.
B.
Every theater or public assembly hall which accommodates
more than 300 persons shall have at least three walls abutting on streets,
alleys or open courts, except as follow
(1)
If the building is not more than 100 feet long and each
aisle leads directly to an exit at the rear, then no side court will be required.
(2)
If the building is not more than 40 feet wide and there
is a cross aisle leading to a side exit at intervals no greater than every
15th row, then only one side court will be required.
(3)
If the first floor is fireproof and not more than 500
persons are accommodated, then only one side or rear court will be required.
C.
The width of every exit court shall be at least six feet
if the total seating capacity is not over 500 persons and shall be increased
at the rate of one foot per 500 persons additional. Every such court shall
lead to a public thoroughfare, either directly or through a passageway of
equal width, not less than eight feet high and having unpierced standard fire
walls and fireproof ceiling and floor designed for a live load of at least
150 pounds per square foot. No such court or passageway shall be used for
storage or any other purpose whatsoever, except for egress and ingress.
A.
No sleeping room or apartment shall be placed over a
theater unless the entire building is of fireproof construction.
B.
No theater or assembly hall shall be placed over a garage
unless separated therefrom by an unpierced fireproof floor or the entire building
is of fireproof construction.
C.
Every theater or assembly hall built in connection with
or as part of a building used for other purposes shall be acoustically soundproofed
to the extent necessary to prevent the transmission of amplified sound above
60 decibels measured on the A-scale of a sound-level meter.
D.
Every theater or assembly hall built in connection with
or as part of a building used for other purposes shall be separated from such
other parts of the building by standard fire walls except where the entire
building is of fireproof construction.
E.
The provisions of this section shall not apply where
the part of the building used for purposes other than a theater or assembly
hall is used for purposes other than as a dwelling or for the manufacturing,
fabrication of or assembly of products for sale or for the storage of flammable
goods.
The capacity of a theater or assembly hall shall be established by the
actual number of permanently fixed seats plus an allowance of one person for
every three square feet where standing room is provided. Such standing room
shall not include any aisle, passage way or lobby except in assembly halls
used for dining and dancing. Where permanently fixed seats are not provided,
the capacity shall be established by allowing 15 square feet of clear floor
space per person in halls used as dining or dance halls only or six square
feet per person in all other halls. No greater number of persons than the
number thus established shall be permitted in any theater or assembly hall.
A.
Number and location.
(1)
Every theater and assembly hall shall have two or more
exits placed as far apart as practicable and so located that if any exit is
blocked, some other exit will still be accessible from every part. Theater
exits shall be distributed on all open sides of the building.
(2)
This section shall apply separately to the main floor
and to each balcony or gallery which seats more than 50 persons if in a theater,
or more than 100 persons if in a non-fireproof assembly hall, or more than
150 persons if in a fireproof assembly hall; also to the stage, dressing room
section and other employees' room.
B.
Type of exits. Exits from the building shall be by means
of standard exit doors with incline or steps to grade; if the doorsill is
below grade, an incline shall be used, except that a private assembly hall
may have a stairway exit from subgrade of not more than 10 risers in all.
No part of any incline shall have a rise of more than one foot in six. Exits
from upper floors, balconies and galleries shall be stairways, horizontal
exits, fire escapes or inclines. Fire escapes will be permitted only in buildings
in existence at the time of adoption of this chapter .
C.
Stairways.
(1)
Every stairway in a theater, public assembly hall or
nonfireproof private assembly hall, except stairways from the main floor to
the first balcony, shall be enclosed. No storage closet shall be placed under
any stairway.
(2)
Stairways and steps which have more than three risers
shall have handrails on both sides.
(3)
Every stairway used by the public in a theater or public
assembly hall shall have a uniform rise of not more than 7% inches and a uniform
tread of not less than 10 inches, measured from tread to tread and from riser
to riser. No winders shall be used. There shall be not less than three nor
more than 16 risers in any run.
D.
Fire escapes.
(1)
All fire escapes, where permitted in existing buildings,
shall be B fire escapes, except that A fire escapes may be used for balconies
which accommodate not more than 100 persons.
(2)
Fire escape stairways with solid platforms and treads
and covered by a roof are recommended. Such stairways may be used as regular
exits, thus adding to the comfort of the audience and also decreasing the
danger of panic.
E.
Exit doors.
(1)
Every required exit door, interior or exterior, whether
usual or emergency, shall be an approved fire door exit door.
(2)
No single door or leaf to a double door shall be more
than four feet wide. No two doors shall be hinged together.
(3)
No rolling, sliding or revolving door shall be counted
as an exit from any theater or assembly hall, nor shall any such door be permitted
in any theater where it would be likely to be used by the public as an exit.
(4)
Sills at all exits shall be level and flush with adjacent
inside floors, and such floors shall extend without break in the level or
gradient for a distance not less than the width of the adjacent aisle.
F.
Width of exits. The total width of exits from every theater
and assembly hall and from every part thereof shall be at not less than the
following rates:
A.
All seats, chairs and benches shall be placed not less
than 32 inches from back to back, measured horizontally. Folding seats of
approved design with backs not more then 1/2 inch thick, also fixed seats
on an approximately level floor in an assembly hall, may be placed not less
than 32 inches back to back. If benches without arms between seats are used,
the seating capacity shall be established by allowing one sitting or seat
to each 18 inches of length.
B.
All seats, chairs and benches, except chairs in boxes
or loggias, shall be securely fastened to the floor; or if the floor is level,
the seats or chairs may be fastened together in groups of four or more.
C.
Loose chairs or seats must not be used. This requirement
does not apply to restaurants, dining or dance halls.
D.
There shall be not more than 12 seats in a row between
aisles, nor more than five seats in a row which has an aisle on one side only.
E.
No seat bench or platform on which seats are placed shall
be more than 22 inches in height of riser. No such seat bench shall be nearer
the ceiling than eight feet.
A.
Width of aisles.
(1)
Aisles having seats on both sides shall be not less than
three feet wide at the beginning and shall increase in width toward the exits
at the rate of 1/4 inch per foot of run, or the aisle may have a uniform width
of not less than the average width of the foregoing calculation; but no wall
aisle shall be less than three feet wide and no other straight aisle shall
be less than three feet six inches wide.
(2)
Where main aisles are longer than 40 feet, there shall
be a cross aisle leading to each required side exit. Cross aisles shall be
not less than four feet wide.
(3)
Passageways and foyers shall be of the width required under § 133-7 and in no case less than five feet wide and shall be so designed and apportioned as to prevent congestion and confusion. Passageways and foyers which serve as means of egress, whether usual or emergency, shall be at least equal in combined width to the required width of the stairways, passageways or doors leading to them.
C.
Obstruction. All aisles and passageways shall be kept
free from campstools, chairs and other obstructions, and no person except
an employee shall be allowed to stand in or occupy any of the aisles, foyers
or passageways during any performance or public gathering.
A.
Where required.
(1)
The requirement of this section shall apply to all theater
stages, except that in a motion-picture theater an open platform not more
than eight feet in depth will be permitted in front of the motion-picture
screen, provided that such screen is a stationary fireproof or semi-fireproof
wall or partition and the space behind such screen, if any, is entirely separated
from the platform and auditorium by such partitions and the platform has no
curtain or scenery.
(2)
In a private assembly hall having a stage or platform
which is more than six feet wider or higher than the proscenium opening or
which is equipped with movable scenery, such stage shall be protected as required
by this section.
B.
Proscenium wall.
(1)
The proscenium wall shall completely separate the stage
from the auditorium and shall be of brick, plain or reinforced concrete or
other approved material, with all steelwork fireproofed, except as follows:
(2)
The proscenium wall shall extend from the basement floor
to the roof, except in fireproof buildings. It shall contain not more than
two openings of not more than 21 square feet each, excluding the proscenium
opening. Such openings shall be provided with standard fire doors or, where
a semi-fireproof partition is permitted, with wood doors lined with metal
on the stage side.
C.
Fireproof curtain. The proscenium opening shall be provided
with a rigid fireproof curtain or a curtain of asbestos conforming to the
following specifications or of equivalent approved construction. Detailed
plans and specifications for such curtains and their operating mechanism shall
be submitted to the Construction Code Official for approval before installation.[1]
(1)
Asbestos curtains shall be substantially woven of asbestos
fiber not less than 95% pure and shall weigh not less than 2 1/2 pounds per
square yard. All seams shall be lapped not less than one inch and sewed in
two rows with not less than one-sixteenth-inch pure asbestos twine. At the
top and bottom of the curtain a one-and-one-half-inch or larger pipe shall
be placed and shall be securely fastened in and covered by the curtain. The
curtain shall overlap the proscenium wall not less than 12 inches at each
side and at the top and shall be guided at each side by metallic loops or
rings sliding on a steel cable. No combustible paint shall be used.
(2)
For curtains of any type, the connections between curtain
and wall shall be made as nearly smoke proof as possible. Provision shall
be made to prevent the curtain from leaving or binding on the guides under
any conditions. No part of a curtain or any of the curtain guides shall be
supported by or fastened to any combustible material.
(3)
The hoisting apparatus for the curtain shall be designed
with a factor of safety of eight or more.
(4)
Besides the regular operating mechanism, there shall
be an emergency device which will allow the curtain to drop by gravity. The
device shall be so arranged that it can be easily operated by hand from each
side of the stage and from the fly galleries, and also that its operation
will be controlled by fusible links placed on each side of the stage, and
when thus operated, it shall descend at its normal rate of speed.
(5)
The curtain and its operating mechanism shall be so designed
and constructed at all points, whether specifically mentioned or not, as to
form an efficient and reliable barrier against fire and smoke, according to
the best practice.
(6)
This curtain shall be raised at the commencement and
lowered at the close of each performance.
(7)
Rigid steel curtains insulated with asbestos are recommended
as giving the best protection, especially in large theaters.
[1]
Editor's Note: Amended at time of adoption of Code;
see Ch. I, General Provisions, Art. I.
D.
Automatic ventilator. The stage shall be provided with
one or more automatic ventilators placed near the center and above the highest
part of the stage, with the bottom of the opening at least three feet above
the roof, and having a combined area equal to at least 8% of the area of the
stage floor. Vertical louver openings shall be not less than twice the sectional
area of the shaft. The ventilator shall be designed and constructed so as
to open by gravity and so as to effectively overcome the effects of neglect,
rust, dirt, frost, snow, heat, twisting or warping of the framework. The louvers
or dampers in the openings shall be held closed by cotton or hemp cords running
to the stage floor close to each stage door. Fusible links shall be inserted
in each cord near the ventilator.
E.
Stage vestibules. All entrances to the stage shall be
vestibuled in such manner as to protect the curtain, scenery and auditorium
from draughts of air.
F.
Footlight trough. The footlight trough shall be made
of non-combustible material.
G.
Fireproof paint. All stage scenery, curtains and decorations
made of combustible material and all woodwork in or about the stage shall
be painted or saturated with some noncombustible material or otherwise rendered
safe against fire.
A.
All dressing rooms, property rooms and other storage
or work rooms shall be built of noncombustible material throughout and shall
be separated from the stage by fireproof partitions.
B.
No dressing room or employee's room shall be placed
more than one story below the grade line and no dressing room shall be placed
above or below the auditorium.
A.
Every boiler or furnace room, including breaching, shall
be enclosed with standard fire walls and with fireproof ceiling and floor,
each designed to carry a live load of at least 150 pounds per square foot;
except that in the case of a private assembly hall accommodating not more
than 300 persons, the floors and walls of the boiler or furnace room shall
be noncombustible but fire doors and fireproof ceiling will not be required.
B.
The boiler or furnace room shall not be located below
the projection booth, stage, auditorium, foyer or exits.
Every theater and assembly hall shall be provided with a ventilating
system which will furnish at least 1,200 cubic feet of fresh air per hour
for each person accommodated in the auditorium and which will also change
the air at least six times per hour in all other occupied parts of the building.
The fresh air shall be taken from the outside of the building and no vitiated
air shall be reheated unless it has been washed by a mechanical air washer
of approved design. No floor register for heating or ventilating shall be
placed in any aisle or passageway unless such register is reinforced with
suitable wrought iron or steel ribs not more than 12 inches apart. Radiators
in passageways or auditoriums shall be recessed or elevated at least seven
feet above the floor.
A.
Exit lights: theaters. Exit lights shall be provided
over all exits, both usual and emergency, and in such other places as may
be necessary to direct the audience, performers and employees to a street
or alley. Such exit lights shall be in accordance with the following:
(1)
All electrical work shall conform to the National Electric
Code.
(2)
Every light over an exit, both usual and emergency, shall
be provided with a red illuminated sign bearing the word “exit”
or “out” in plain letters at least five inches high, or a similar
sign shall be placed below a red light.
(3)
All public parts of the theater, except the auditorium
and all exit lights shall remain lighted throughout the performance and until
the audience has left the building
B.
Exit lights: assembly halls.
(1)
Every assembly hall in which the auditorium is not lighted throughout every performance or entertainment shall be lighted the same as required for theaters, described in Subsection A.
(2)
In all other assembly halls, all stairways, passageways
and exit doors shall be properly lighted and shall remain lighted throughout
every performance or entertainment and until the audience has left the building.
Emergency exit doors shall be marked with red lights.
A.
Separate toilet rooms in connection with the auditorium
shall be provided for males and females. One closet shall be installed for
each 200 females or fraction and one closet and one urinal for each 300 males
or fraction, assuming the audience to be equally divided between males and
females; except that in dance halls there shall be provided one water closet
for each 100 females or fraction, one urinal for each 150 males or fraction
and one water closet for each 300 males or fraction.
B.
There shall be separate water closets provided for males
and females in connection with the stage of every theater which accommodates
more than 500 persons, except theaters used for motion-picture exhibitions
only.
C.
Separate drinking fountains shall be required for the
stage and auditorium.
D.
One washbowl shall be provided for every two closets
or urinals or fraction.
A.
Standpipes. One or more standard interior standpipes shall be provided on the stage of every theater and every private assembly hall which has a stage. (See § 133-10.) Each hose shall be not more than 75 feet long, and where such hose will not reach all parts of the stage section, including dressing, property, storage and work rooms, additional hose connections and hose or additional standpipes shall be provided.
B.
Fire extinguishers. Approved fire extinguishers shall
be provided for Class III occupancy as follows and shall be properly exposed
to view and always accessible:
C.
Automatic sprinklers. Every theater which accommodates
more than 600 persons shall have approved automatic sprinklers on the stage,
under the stage, under the fly galleries and under the stage roof, but not
in the automatic ventilator.
D.
Fire alarm. Every theater which accommodates more than
1,000 persons shall have a fire alarm box on the stage.
A.
No false opening giving the appearance of a door or window
where none exists shall be placed in any part of a theater or assembly hall
used by the public.
B.
No mirror shall be placed in any part of a theater or
assembly hall used by the general public except in the women's and men's
retiring and toilet rooms.
A.
No person shall use or set up for use any machine or
apparatus for exhibiting moving pictures when such machine or apparatus uses
film of a combustible material more than ten inches In length unless.
(2)
The plans and specifications of said booth have been
submitted to and approved by the Construction Code Official.
(3)
Upon completion of the construction of such booth, the
Construction Code Official shall have been notified and, upon his inspection,
found the same to have been constructed in accordance with the plans and specifications
and with the requirements of Article 3 of Title 5 of the Revised Statutes
of New Jersey, as amended and supplemented[3], and in such manner as to render safe the operation of the apparatus
or machines to be used therein for the purpose of projecting moving pictures,
and, upon such findings, the Construction Code Official shall issue a certificate
of approval.
[3]
Editor's Note: See N.J.S.A. 5:3-10 et seq.
B.
The following details shall govern the submission of
plans and specifications and their approval, the inspection of booths and
their approval and the issuance of certificates of approval:
(1)
Application shall be made in writing addressed to the
Construction Code Official and said application shall contain the applicant's
full name, residence, telephone number and whether said applicant is an individual,
partnership, firm or corporation. If a partnership, the names and addresses
of the partners shall be included. If a corporation, the names and addresses
of all officers and, in addition, the names and addresses of all stock-holders
who hold or for whose benefit is held an interest exceeding 10% of all issued
and outstanding capital stock and the exact location in the building wherein
said machine or apparatus for exhibiting moving pictures is to be set up for
use shall be included.
(2)
Applicant shall attach to said application one full set
of plans and specifications for the booth, which plans shall be on blueprint
paper and drawn at a scale of 3/8 of an inch equals one foot, and the specifications
shall describe the building materials in such fashion as shall enable the
Construction Code Official to readily ascertain whether such materials conform
to the minimum requirements of Section 5:3-10 of the Revised Statutes of New
Jersey, as amended and supplemented.[4]
[4]
Editor's Note: See N.J.S.A. 5:3-10.
(3)
The Construction Code Official shall review the application
and the plans and specifications and, within 30 days of submission of same
to him, shall approve or disapprove the same, but no such disapproval may
occur unless the application, plans and specifications, or any one of them,
fail to meet the above requirements or the minimum requirements set forth
in said statute.
(4)
If the same shall be approved and construction commences, then, within five days after completion, the applicant shall notify the Construction Code Official of said completion and said Official shall inspect the same within 10 days of such notification. If, upon said inspection, the Construction Code Official makes the findings set forth in Subsection A of this section, he shall forthwith issue a certificate to that effect.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. I,
General Provisions, Art. I.
All persons, firms or corporations, before operating any moving picture
theater as specified in this chapter, shall pay an annual license fee to the
Borough of Brooklawn as follows, to be due and payable on January 1 of each
year.
Any person or persons, firm or corporation who shall violate any of
the provisions of this chapter or fail to take out the necessary license as
required herein shall, upon conviction, be liable to a fine of not more than
$1,000, in the discretion of the court having cognizance thereof, and costs
of prosecution, or to imprisonment in the county jail for not more than 90
days, either or both and for each and every violation thereof. Each day and
any part of any day that any section of this chapter is violated shall be
considered and construed to be a separate and distinct violation and offense
under this chapter.
[1]
Editor's note: Amended at time of adoption of Code; see Ch. I,
General Provisions, Art. I.