Borough of Brooklawn, NJ Theaters

Theaters.

[Amended 9-10-1984 by Ord. No. 9-84; 6-18-92 by Ord. 7-92]

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:

Human Genitals in a state of sexual stimulation or arousal.

[2]

Acts of human masturbation, sexual intercourse or sodomy.

[3]

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Specified Anatomical Areas is defined as:

Less than completely and opaquely covered:

[a]

Human genitals, pubic region

[b]

Buttock, and

[c]

Female breast below a point immediately above the top of the areola; and

[2]

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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.

Every building used in whole or in part as a theater shall be located at least 50 feet away from any other building.

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.

Assembly halls.

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:

Assembly halls accommodating not more than 500 persons may be built of frame construction, provided the following conditions are complied with:

The entire building shall be not more than two stories high.

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.

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.

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.

§ 133-4 Street abutment; entrances and exits.

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.

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

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.

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.

If the first floor is fireproof and not more than 500 persons are accommodated, then only one side or rear court will be required.

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.

§ 133-5 Theaters or assembly halls in connection with other uses.

No sleeping room or apartment shall be placed over a theater unless the entire building is of fireproof construction.

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.

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.

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.

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.

§ 133-6 Seating capacity and standing room.

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.

§ 133-7 Exit facilities.

Number and location.

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.

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.

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 .

Stairways.

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.

Stairways and steps which have more than three risers shall have handrails on both sides.

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.

Fire escapes.

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.

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.

Exit doors.

Every required exit door, interior or exterior, whether usual or emergency, shall be an approved fire door exit door.

No single door or leaf to a double door shall be more than four feet wide. No two doors shall be hinged together.

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.

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.

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:

Theaters, non-fireproof: 48 inches per 100 persons.

Theaters, fireproof (except roof): 48 inches per 100 persons.

Assembly halls, non-fireproof: 48 inches per 100 persons.

Assembly halls, fireproof: 48 inches per 100 persons.

§ 133-8 Seat placement; anchoring or fastening.

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.

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.

Loose chairs or seats must not be used. This requirement does not apply to restaurants, dining or dance halls.

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.

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.

§ 133-9 Aisles and passageways.

Width of aisles.

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.

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.

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.

Inclines and aisled steps.

To overcome any difference in level between courts, corridors, lobbies or passageways on the ground floor, inclines shall be employed. Inclines shall not exceed one foot of rise to six feet of run.

Steps in balcony aisles shall extend the full width of the aisle.

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.

§ 133-10 Stage requirements.

Where required.

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.

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.

Proscenium wall.

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:

In a private assembly hall, a fireproof partition may be used.

In any theater or hall which accommodates not more than 300 persons, a semi-fireproof partition may be used.

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.

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]

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.

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.

The hoisting apparatus for the curtain shall be designed with a factor of safety of eight or more.

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.

Editor's Note: Amended at time of adoption of Code; see Ch. I, General Provisions, Art. I.

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.

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.

Footlight trough. The footlight trough shall be made of non-combustible material.

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.

§ 133-11 Dressing and storage rooms.

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.

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.

§ 133-12 Boiler and furnace rooms.

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.

The boiler or furnace room shall not be located below the projection booth, stage, auditorium, foyer or exits.

§ 133-13 Heating and ventilation.

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.

§ 133-14 Lighting; electrical work.

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:

All electrical work shall conform to the National Electric Code.

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.

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

Exit lights: assembly halls.

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.

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.

§ 133-15 Toilet rooms.

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.

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.

Separate drinking fountains shall be required for the stage and auditorium.

One washbowl shall be provided for every two closets or urinals or fraction.

§ 133-16 Fire protection.

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.

Fire extinguishers. Approved fire extinguishers shall be provided for Class III occupancy as follows and shall be properly exposed to view and always accessible:

All theaters, including motion-picture theaters.

Public assembly halls and private assembly halls which, have a stage.

One on or near stage or platform,

One in or near ticket office if capacity of hall is more than 500 persons.

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.

Fire alarm. Every theater which accommodates more than 1,000 persons shall have a fire alarm box on the stage.

§ 133-17 Mirrors or false openings.

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.

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.

§ 133-18 Motion-picture machines and booths. [1]

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.

Such machine or apparatus shall be enclosed in a booth conforming to the minimum requirements set forth in Section 5:3-10 of the Revised Statutes of New Jersey, as amended and supplemented[2].

[2]

Editor's Note: See N.J.S.A. 5:3-10.

The plans and specifications of said booth have been submitted to and approved by the Construction Code Official.

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.

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:

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.

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.

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.

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.

Editor's Note: Amended at time of adoption of Code; see Ch. I, General Provisions, Art. I.

§ 133-19 License fees.

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.

For the first 1,000 square feet of floor space or less, the sum of $200.

For each additional 1,000 square feet or portion thereof, the sum of $20.

§ 133-20 Violations and penalties. [1]

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.