N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.2

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

Section 36-2.2 - Capacity

(a) Capacity as determined by this section shall be used as the basis for computing the required width and number of exitways.

(b) The capacity of every place of public assembly shall be the sum of all component capacities listed below which are pertinent. Where capacity is determined on the basis of area, the area to be considered shall include those spaces generally used or occupied by the public for public assembly purposes and shall not include such spaces as toilets, utility or locker rooms.

(1) Seats secured or designed to be secured, to the floor--total of all.

(2) Benches--one person to each 18 inches of length unless arms are used between seats, in which case paragraph (1) shall apply.

(3) Portable seats--one person to each six square feet of floor area, aisles included.

(4) Standing room--one person to each three square feet of floor area permitted to be occupied as such.

(5) Waiting space--one person to each three square feet of floor area other than standing room, which is designated to be occupied by persons waiting for seats to become available.

(6) Bowling alleys--each bowling alley, including 15 feet of runway, shall be assumed to have an occupancy of five persons. Seats provided for the exclusive use of bowlers shall not be considered in determining capacity.

(7) Billiard rooms--one person to each 50 square feet of the area so occupied.

(8) Skating rinks--one person to each 25 square feet of the area occupied by skaters, plus standing room and seating capacity as set forth above.

(9) Indoor amphitheatres--the maximum occupancy permitted upon the floor of the arena at any time, plus standing room and seating capacity outside of the arena as set forth above.

(10) Any tier, floor or portion of a place of public assembly used as a dining room, lounge, smoking room, promenade, dance floor or for any similar purpose not specifically classified herein--one person for each 10 square feet of floor area so used.

(11) When a place of public assembly is intended for multiple use the classification yielding the greatest calculated occupancy shall be used to determine the capacity. When conditions of a particular use contemplate only partial occupancy of a place of public assembly the enforcing authority may fix a limited capacity for the particular type of occupancy intended and shall state this limit on the certificate of compliance.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.2