N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-1.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 36-1.3 - Administration and enforcement

(a) Responsibility for compliance.

(1) No person shall suffer or permit to be used or occupied as a place of public assembly, any place not constructed, equipped and maintained in accordance with this Part.

(2) No person shall suffer or permit any place of public assembly to be occupied beyond its capacity as stated in the certificate of compliance or the approval of the enforcing authority.

(b) Approval of plans.

(1) No person shall construct, convert, alter or enlarge a place of public assembly otherwise than in accordance with plans and specifications previously approved by the commissioner, or, where there is a local enforcing authority, by such authority. Plans for tents used as places of public assembly for over 300 persons and not permanently located, shall be approved as above required at least once per year prior to the erection of such tents in New York State.

(2) Plans and specifications for approval must be prepared by a licensed professional engineer or registered architect and must be submitted in triplicate. Plans must be drawn to scale and shall include a plot plan showing the location of the lot, the structure in which the place of public assembly is located, the relation to grade, adjoining streets, courts, alleys or buildings, the north point, the proposed construction and the location of existing and proposed exits.

(3) With such plans there must also be submitted when requested a statement signed by a licensed professional engineer or registered architect, to the effect that such measurements, observations, calculations and tests have been made as are necessary to determine the bearing power of the soil and the safe live, dead, snow and wind loads for all structural members, and that the plans and specifications have been prepared in accordance therewith. Copies of computations, when requested, must also be provided.

(c) Notice to enforcing authority. Upon completion of the construction of any place of public assembly, the owner or his agent shall notify the enforcing authority in writing that the place is ready for inspection to determine whether it conforms to the law and this Part, before it is used for assembly purposes, except that in the case of tents, bleachers and other similar temporary places of public assembly, such notice may be given orally.

(d) Certificate of compliance. No permanent place of public assembly shall be opened for public use unless a certificate of compliance be posted as required by section 473 of the Labor Law and no temporary place shall be opened for public use unless prior approval has been granted by the enforcing authority.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-1.3