N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-3.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 36-3.8 - Open air places of public assembly

(a) Scope. This section sets forth the requirements applying to premises other than entirely enclosed buildings which are used for public gatherings. It applies to both new and existing structures except as may be otherwise indicated herein.

(b) General requirements. The general requirements prescribed in this subdivision also apply to the other subdivisions of this section unless otherwise specified.

(1) Grandstands and bleacher construction. Grandstands and bleacher construction shall comply with the requirements of section 36-3.7, "Grandstands and bleachers". Stairways in open air structures are not required to be enclosed.

(2) Limit on combustible construction.

(i) Any permanent grandstand or any similar unenclosed structure located in or serving as an open air place of public assembly, of wood frame construction hereafter constructed, shall be separated from other structures of combustible construction by an open space at least 15 feet wide.

(ii) If the space beneath any grandstand is used for any purpose except exitways, the portion of the space so used shall be fully enclosed by ceilings and partitions having a fire-resistance rating of at least one hour.

(iii) No permanent grandstand of wood frame construction shall have more than one tier of seats.

(3) Openings in floor or seating space. Openings in the floor or seating space of any permanent open air place of public assembly which exceed one-half inch in any dimension, and which are above any space occupied by the public, shall have thereunder a protective guard of one-half inch wire mesh.

(4) Seats and aisles.

(i) In permanent grandstands every seat shall be fastened securely in place except in boxes containing not more than 16 portable seats or chairs.

(ii) The provisions of section 36-3.7 regarding seats and aisles shall be complied with.

(iii) All aisles shall be kept unobstructed and no person except an employee shall be allowed to occupy same except while passing in or out.

(5) Exits.

(i) Distance of travel. The distance of travel from any seat to a public way, an open field or other adequate open space, shall not exceed 150 feet in open air places of public assembly.

(ii) Minimum and maximum widths. In open air places of public assembly, the minimum width of any doorway or gateway used by the public shall be three feet, and of any corridor, passage, ramp or stairway four feet. Every such means of exit shall be increased in width cumulatively towards the outside exit doorways or gateways so that a clear width will be provided at the rate of 12 inches for each 50 persons served in the case of stairways and eight inches for each 50 persons served by doorways, gateways, corridors, passages and ramps.

(iii) No turnstiles are permitted in any required means of exit.

(iv) Exit connections. Every crossaisle, corridor, passageway, ramp or stairway shall lead to or be directly connected with an outside exit doorway or gateway on the main exit level, or with an open field or other adequate open space leading to an outside exit.

(6) Lighting.

(i) During occupancy, all open air places of public assembly, and the exitways and aisles therein shall be lighted as required by subdivision (e) of section 36-2.6.

(ii) In addition to the above requirements, all tents having a seated audience of over 300 shall comply with the requirements of subdivision (f) of section 36-2.6 regarding an emergency source of light.

(7) Removal of combustible trash. The site shall be cleared of all straw, dry grass and similar combustible matter for at least 50 feet from all combustible structures.

(8) Sanitary facilities. Clean and adequate toilet rooms or enclosures properly designated for both sexes shall be provided. In places to be occupied more than two successive days, the provisions of section 36-2.8 apply.

(c) Tents.

(1) Tent canvas.

(i) Every tent used as a place of public assembly shall be treated so as to meet the requirements for resistance to fire prescribed in the federal specifications for fire, water and weather resistant cotton duck, CCC-D746, when tested new, or renewed. Subsequent to this treatment no process may be used which increases its flammability.

(ii) The public shall not be admitted to any tent erected as a place of public assembly, nor shall animals be stabled in any tent in connection with a place of public assembly until the material of the tent has been accepted by the enforcing authority.

(iii) Written evidence of approval by a nationally recognized testing laboratory or the board that the material of the tent complies with the above specifications may be accepted by the enforcing authority as evidence of proper treatment for 12 months after such approval was granted.

(iv) In the absence of such evidence, or at the direction of the enforcing authority, a test of the material shall be conducted as follows: Two strips not less than six inches wide and 12 inches long shall be cut at random from the top or side wall sections of the tent or a test clamp may be used, at an edge or slit in the tent itself. The two strips or test sections shall be thoroughly dry and then subjected to an open flame applied to the lower edge, the strips or sections being held vertically, for 12 seconds. Neither strip nor section shall flame for more than two seconds, after the test flame is removed from contact, nor shall the average length of char exceed two and one-half inches.

(2) Exits from tents. For tents having capacities of 600 or less there shall be at least two exits; for capacities from 601 to 1,000 there shall be at least three exits; and for capacities of 1,000 or more there shall be at least four. The main entrance may be counted as one of these exits, the others shall be in the side walls spaced apart as uniformly as possible. Such exits shall be maintained so as to have openings at least six feet wide to a height of eight feet above the ground. An attendant shall be stationed at each sidewall exit while the tent is being used as a place of public assembly to see that the required width and height of the exits is unobstructed.

(3) Combustible materials. No hay, straw, shavings or similar combustible materials other than that necessary for the daily feeding and care of animals shall be permitted within any tent used in connection with a place of public assembly, except that sawdust or shavings may be used if kept damp.

(4) Smoking. Smoking shall be prohibited in any tent while used as a place of public assembly. This requirement shall be announced to the audience before and at least once during any meeting or performance. Signs with three inch high block letters reading "No Smoking" shall be conspicuously posted at all entrances and at frequent intervals in view of the audience.

(5) Motion picture film. Motion picture film shall be used, handled or stored in accordance with the requirements of section 36-2.10.

(6) Spot or effect lighting. When spot or effect lights are within six feet of any combustible material other than tent poles, such material shall be protected by incombustible nonconductive material at least one-quarter inch thick.

(7) Tent pole support.

(i) The center poles of every tent over 250 feet long and 125 feet wide or having over four center poles, shall be guyed with wire rope.

(ii) Tent poles and their supports shall be of sufficient strength to withstand a wind pressure or suction of 10 pounds per square foot of tent surface and to resist a wind pressure of 20 pounds per square foot of projected area of tent.

(8) Fire extinguishers.

(i) Every tent having over 1,000 square feet of ground area which is used for public assembly, shall have conspicuously placed therein, at least one approved two and one-half gallon soda and acid or equivalent type fire extinguisher.

(ii) Additional extinguishers of the same type shall be provided at the rate of one for each 2,000 square feet of ground area over 1,000 square feet within such tent.

(d) Drive-in theatres.

(1) Construction of buildings. Any building used in connection with a drive-in theatre and occupied by the public shall be subject to the construction requirements of subdivision (a) of section 36-2.4.

(2) Exits. Exits shall be provided from any such buildings on the basis of one person to each six square feet of floor space and otherwise in compliance with the exit requirements of Subpart 36-2 insofar as they are applicable.

(3) Travel to exits.

(i) Exits to a street or road from a drive-in theatre shall be so arranged that lines of incoming and outgoing travel do not cross.

(ii) At no point in the exit travel of any car shall the width of driveway be less than necessary to accommodate two cars abreast.

(iii) Except when backing from the parked position, it shall not be necessary for any car to travel in reverse to reach an exit.

(4) Exit signs. The path of exit travel from each row of cars shall be plainly marked by directional signs which shall be clearly visible to the drivers at night.

(5) Disposition of cars.

(i) Each row of cars shall be separated by a distance of at least 38 feet between the lines of front bumpers.

(ii) The distance between the first row of cars or seats and the screen must exceed the height of the screen structure by at least 20 feet.

(iii) No car shall be parked within 20 feet of the projection booth or any building open to the public.

(6) Screen and screen structure. The screen and its supporting structure shall be designed to withstand a wind pressure of at least 25 pounds per square foot.

(7) Motion picture film. The pertinent provisions of section 36-2.10 shall apply to the use, handling and storage of motion picture film with the following exceptions:

(i) Where cellulose acetate or safety film is used exclusively and the projection booth is separated from other occupied structures, the following ventilation shall suffice in lieu of the provisions of subdivision (g) of section 36-2.10. Means shall be provided to exhaust at least 15 cubic feet of air per minute for each arc lamp housing and provide at least eight air changes per hour for the projection room. Open doorways and windows may be used to provide such ventilation.

(ii) Ladders or stairways leading from any required exits from booths and not over 10 feet high may be of combustible material.

(ii) Sanitary facilities shall be readily available to the operators.

(iv) Sprinklers are not required.

(8) Seats for spectators. Seats for spectators shall be provided only in areas where cars may not be driven.

(9) Fire extinguishers. An approved 10 pound carbon dioxide or two and one-half gallon foam fire extinguisher shall be provided at a central location so as to be readily accessible in case any car catches fire. Attendants shall be instructed in its use. Extinguishers shall be checked annually and recharged after use and shall be tagged to indicate when this was done and by whom.

(10) Sanitary facilities. Clean and adequate toilet rooms properly designated for both sexes shall be provided. Such rooms shall be maintained in proper repair and in sanitary condition. The provisions of section 36-2.8 apply. The number of occupants shall be taken as three persons per car.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-3.8