N.Y. Comp. Codes R. & Regs. tit. 12 § 36-3.5

Current through Vol. 43, No. 18, May 5, 2021
Section 36-3.5 - Summer theatres
(a) Definition. Theatres operating only during the months of May to October, inclusive, for a period of not more than 12 weeks, and whose capacity does not exceed 600 persons, constitute summer theatres and not temporary places of public assembly. Such theatres shall be governed only by the requirements of this section which applies to both existing and new summer theatres.
(b) Occupancy restrictions. No summer theatre is permitted in a building any part of which is used as a garage, filling station, dry cleaning establishment, or for any other use that the enforcing authority may deem hazardous.
(c) Construction. Interior exit stairways except those leading from the balcony to the auditorium shall have enclosures of at least one hour fire-resistance rating, and otherwise comply with subdivision (i) of section 36-2.3. Exterior stairways shall comply with the provisions of subdivisions (j) to (m) of section 36-2.3, inclusive except that they need not be incombustible. No opening except the stage opening and the doors leading back stage shall be permitted in the wall which separates the stage section from the auditorium.
(d) Balconies. Summer theatres may have a single balcony containing not more than 25 per cent of the total seating capacity. The balcony shall be provided with at least two exit stairways, remote from each other, one of which may be an exterior stairway.
(e) General exit requirements.
(1) At least two means of exit, not less than five feet wide and remote from each other, shall be provided from the main floor. If the capacity exceeds 500, there shall be three such means of exit.
(2) All exit doors and stairs shall comply with the provisions of subdivisions (e) and (h) of section 36-2.3.
(3) All exits shall lead to a public way.
(f) Exit signs and lights. During occupancy, the lighting of exitways and exit signs shall comply with the requirements of section 36-2.3.
(g) Seats and aisles. The arrangements of seats and aisles shall comply with the requirements of paragraphs (1) and (2) of subdivision (b) of section 36- 3.3, except that seats shall not be required to be secured to the floor when the required width of aisles is increased by at least 50 per cent.
(h) Standing room. Standing room is prohibited. All longitudinal aisles and the paths of egress leading from them to the outer doors shall be kept unobstructed. No persons except employees shall remain in them during a public assembly.
(i) Projection booths. Motion picture projection booths hereafter installed shall comply with the requirements of section 36-2.10.
(j) Scenery, curtains and decorations. All stage scenery, curtains, projection screens and decorations of combustible material shall be treated so as not to ignite readily nor support combustion.
(k) Stage exits. At least two exits shall be provided at the stage level at opposite sides of the stage.
(l) Dressing room exits. Dressing rooms shall have unobstructed access to an exitway leading to a place of safety. Dressing room doors opening onto the stage constitute proper exits only if not more than 25 feet from an exit leading directly to grade.
(m) Ventilation of stage section. The stage shall be provided with a means of ventilation through the roof or the highest part of the outside stage wall to the outside air, having an aggregate ventilation area not less than 10 per cent of the floor area of the stage. Such means of ventilation, if not kept in open position, must be provided with means for quick opening either manually or automatically.
(n) Work shops and storage rooms. All storage and work rooms in or adjoining the structure shall be enclosed by partitions and doors of one hour fire-resistance rating. No combustible materials shall be stored in the structure except in such storage or work rooms.
(o) Fire extinguishers. There shall be provided at least two approved two and one-half gallon soda and acid or loaded stream fire extinguishers, placed in plain sight and readily accessible. One of these shall be in the stage section and one in each property or storage room.
(p) 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.
(q) Smoking. Smoking is prohibited in any summer theatre while occupied as a place of public assembly except as incidental to a performance. This requirement shall be announced to the audience before and at least once during any meeting or performance and "No Smoking" signs shall be posted.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 36-3.5