New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 36 - State Standard Building Code For Places Of Public Assembly
Subpart 36-3 - Special Requirements For Particular Occupancies
Section 36-3.8 - Open air places of public assembly
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 36-3.8
Current through Register Vol. 46, No. 12, March 20, 2024
(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.
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