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HomeMy WebLinkAboutBy-law 137/74CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 37 7 Being a By-law to provide for the Licencing and Regulating of Public Halls within the Town of Pickering and to repeal By-law 1659 and By-law 2601 WHEREAS it is expedient in the interests of public safety and to safeguard property that the powers conferred upon the Corporation by the Municipal Act with respect to public halls be executed as follows: THEREFORE the Council of the Corporation of the Town of Pickering enacts as follows: 1. For the purpose of this by-law, a) "Public Hall" means a building, including a portable building or tent with a seating capacity for over 100 persons, that is offered for use or used as a place of public assembly, but does not include a theatre within the meaning of The Theatres Act or a building, except a tent used solely for religious purposes. b) "Entertainment" shall mean any dance, exhibition, concert, show, variety program, motion picture showing, public luncheon or dinner, game or sporting contest. 2. (1) No person shall operate a public hall or allow any building or part thereof to be used as a public hall unless he holds a public hall licence issued by the By-law Department of this Municipality for which the fees payable shall be as follows: Grade 1 For a hall having a licence capacity of between 599 and 300 persons $100.00 Grade 2 For a hall having a licence capacity of under 300 persons $75.00 provided that a Limited Public Hall Licence permitting not more than one meeting or entertainment in any calendar month or not more than ten meetings or entertainments in any calendar year may be issued for any hall usually used for other purposes upon payment of one-half the licence fees. (2) For the transfer of a public hall licence a fee of $1.00 shall be paid to the Treasurer by the transferee. 3. No licence fee shall be payable under this by-law by any religious organization, or one-roomed public school, in respect of a hall used for entertainment given or held by it, but every such hall shall in all other respects comply with this by-law. - 2 - 4. Every application for a public hall licence shall be accompanied by: a) a statement on the form provided by the By-law Department giving such particulars as to the location, size and construction of the hall, as may be required; b) a certificate signed by the Fire Chief certifying that he has inspected the building in respect of which the application is made and has found that it is in accordance with this by-law as to fire safety precautions; c) a certificate signed by the By-law Enforcement officer certifying that the operation of a Hall in the location applied for is approved by him and that he is satisfied with the proposed use of the buildings or part thereof as a public hall and with the proposed methods of operation. d) a certificate dated within three months of the application signed by the hydro inspector certifying that the electric wiring has been inspected and found satisfactory. 5. 1) A public hall licence shall not allow a greater number of persons to enter and be in the hall at any one time than is stated to be the maximum capacity of the hall on the licence which maximum capacity shall be determined as follows: a) Where the public hall is in a building of fire-resistive construction or on the first or ground floor of a building not of fire- resistive construction, the maximum capacity shall be determined on the basis of one person to each ten square of total floor area except where eighty percent of the floor area is occupied by rows of seats, in which case the maximum capacity shall be determined on the basis of one person to each six square feet of floor area where the seats are permanently attached to the floor and eight square feet where the seats are moveable. b) Where the public hall is in the basement or on the second floor of a building not of fire- resistive construction the maximum capacity shall be determined on the basis of one person to each twelve feet of total floor area except where at least eighty percent of the hall is occupied by rows of seats, in which case the maximum capacity shall be determined on the basis of one person to each six square feet of floor area where the seats are permanently attached to the floor and one person to each square feet of floor area where the seats are moveable. c) Where the public hall is on the third floor of a building not of fire-resistive construction, the maximum capacity shall be determined on the basis of one person to each fifteen square feet of floor area. - 3 - 5. contd. 2) A licence shall not be issued for a public hall on any storey higher than the third floor in a building not of fire-resistive construction. 3) Every public hall licencee shall display in a prominent place in the entranceway to the public hall and inside the hall adjacent to the entranceway placards with the following wording in letters not less than four inches high: "OCCUPANCY OF THIS HALL BY MORE THAN PERSONS IS DANGEROUS AND UNLAWFUL." with the blank filled in with the maximum capacity as stated on the licence and placards stating the location of the nearest telephone, the telephone number of the fire department and the location of the nearest fire alarm box or fire hall. 6. 1) In every public hall having rows of fixed seats there shall, in addition to the space at the front and rear of the hall, be aisle space of not less than forty-four inches in width for every 200 persons or fraction thereof for which the hall is licensed. 2) In every public hall having rows of moveable seats there shall, in addition to the space at the front and rear of the hall, be aisle space of not less than forty-four inches in width for every 150 persons or fraction thereof for which the hall is licenced and no centre seating section shall contain more than fourteen seats in a row and no seating section running to a side wall shall contain more than seven seats in a row. 3) In every public hall having chairs and tables there shall, in addition to the space at the front and rear of the hall, and in addition to any space used for dancing or any entertainment, be clear aisle space of not less than twenty-two inches in width between rows of tables and chairs for not more than two persons, thirty-six inches between rows of tables and chairs for not more than four persons and forty-four inches in width between rows of tables and chairs for more than four persons at an individual table. 4) Moveable seats shah not be permitted in balconies or galleries on which the floor is arranged.as steps. 5) Where an exit is located at the side of the hall having moveable or fixed seats or chairs and tables there shall be a cross aisle giving access to each such exit. 6) Standing in the aisles, additional seats or additional chairs and tables which would reduce the aisle space below the minimum required shall not be permitted. - 4 - 7. 1) Every public hall shall have at least two separate and independent exits located as far apart as the building permits and in no case separated by less than fifty percent of the longest dimension of the hall and every exit shall lead as directly as possible to the outside of the building. 2) Where there are only two exit doors from public hall licensed for more than 300 persons, such doors shall not be less than 44 inches in horizontal width. 3) Where the licensed maximum capacity of the hall is greater than 400 persons in a building of fire- resistive construction or the hall is on the first or ground floor of a building not of fire-resistive construction, additional exits shall be required on the basis of an exit door not less than 22 inches in horizontal width for every 100 perons or fraction thereof above 400 persons. 4) Where the licensed maximum capacity of the hall is greater than 300 persons in the basement or on the second or third floor or a building not of fire- resistive construction additional exits shall be required on the basis of an exit door not less than 22 inches in horizontal width for every 60 persons or fraction thereof above 300 persons. 5) Every balcony or gallery in a public hall shall have at least two independent means of exit, either to the outside or to the main floor of the hall. 8. 1) Every exit door shall open outwards and be equipped with panic-type hardware only and shall not have any lock or fastener which permits the door to be locked so that it cannot be opened from the inside by downward pressure on a horizontal bar or lever, provided that it shall be permissible to use the type of panic-lock which can be opened from the outside with a key. 2) Whenever the public hall is to be used the licensee shall inspect and test all exit doors to ensure that they open freely. 9. 1) Above every exit door there shall be an illuminated sign having letters of not less than six inches in height with the word "EXIT" lighted with electric current on a circuit separate from that furnishing any other electric service in the building, or on a circuit from a point on the supply side of the service switch and provided with its own service box. 2) Every exit light shall be clearly visible from the most distant part of the hall from which there is a clear line of sight. 3) The building inspector may require a stand-by or auxiliary electric service of a capacity sufficient to supply all exit lights or to flood-light the hall from a storage battery kept permanently charged with a trickle charger. - 5 - 10. 11. 1) The width of every exit stairway shall not be less than the exit door from which it leads and shall have treads not less than ten inches in width exclusive of nosing and risers not more than eight inches in height, provided that where structural difficulties exist the building inspector may issue a permit in writing for a stairway having a slope of not greater than firty-five degrees from the horizontal. 2) When the difference in floor levels or the height of any exit door from the ground level is not greater than ten feet, an inclined ramp may be per- mitted in lieu of a stairway, provided such ramp shall have a slope not greater than one foot rise in a ten foot run. 3) Where the walls and flooring beneath an exit stairway are not of fire-resistive construction, the stairs shall be of solid construction with the tread and risers fitted tightly together. 4) The building inspector or the fire chief may require one or more exit staffways to be in a fully enclosed stairwell of fire-resistive construction and equipped with self closing doors at all floor levels below the level of the public hall. 5) Where an exit door or exit stairway does not lead directly to the outside of the building there shall be a clear and uninterrupted passage to the outside door, and the line of exit travel shall be clearly indicated by directional signs with lettering not less than six inches high. 6) Every outside door from an exit stairway shall be equipped with panic-type hardware only. 7) No revolving type of door or turnstile shall be used as an exit door from a public hall or from a stairway leading from a public hall except on the first or ground floor and provided there is an exit door or doors of the swing type adjacent to and within at least fifteen feet of the revolving door or turnstile. 8) Every passageway or platform leading to or from an exit stairway shall be kept clear of all obstructions. 9) Cupboards shall not be constructed underneath any stairway nor the space under any stairway used for storage purposes. 1) Every outside fire escape shall be the stair type only and shall extend down to the ground or street level, provided that where a fire escape is situate on a street or travelled lane the last section may, with the approval in writing of the building inspector, be the counter-balanced type. 2) The stairs, platforms, supporting members and anchorage of every outside fire escape shall be designed to support in addition to their own weight, a live weight of not less than 100 pounds per square foot of tread and platform. - 6 - 11. contd. 3) Every window beneath any portion of an outside fire escape and every window opening onto or within five feet of any outside fire escape shall be provided with wired glass, and every door or other opening underneath an outside fire escape shall be metal-clad. 4) A balcony or landing with a railing at least three feet high on all sides shall be provided for every fourteen feet in vertical height of every outside fire escape. 12. Before the public hall is used on any occasion the licencee shall clear every outside fire escape of snow and ice or other obstruction. 13. Every stairway, passageway and fire-escape shall be well lighted whenever the public hall is in use, and all electric light bulbs within eight feet of the floor level shall be protected with metal guards to prevent breakage or removal. 14. Every door leading from a cloakroom or washroom shall be swung so as to open into the public hall and shall be plainly marked with letters not less than six inches in height, designating the part of the premises to which it leads. 15. False doors, windows, mirrors or other type of decoration which give the appearance of a door or exit where no door or exit exists shall not be permitted. 16. 1) Decorations of cloth, paper or other material shall not be permitted in a public hall unless treated with a flame-proof treatment and re-treated at least once in every year. 2) Flammable decorations shall not be placed on an electric fixture or within three feet of an electric bulb, stove or heating appliance or the pipes in connection therewith. 3) Flammable decorations, curtains or draperies shall not be permitted in a cloak room or washroom. 17. Flammable liquids or explosives or other substances dangerous to human life shall not be kept or stored in a public hall or in the building in which the public hall is located, provided that this shall not apply to oil burning equipment bearing the approval label of the National Research Council of Canada or the Canadian Standaris Association or to emergency lighting equipment. 18. 1) The fire chief may prohibit smoking in a public hall or any part thereof and "NO SMOKING" signs shall be posted in the hall or portion thereof where smoking is prohibited. 2) In the hall or portion thereof where smoking is permitted substantial ash trays or stands of non- combustible materials shall be placed so as to be of convenient access in such number as may be required by the firechief. - 7 - 19. 1) Every public hall shall be kept clean and clear of rubbish. 2) Metal containers with self closing covers shall be provided and conveniently placed for the deposit of used paper towels and rubbish and every such container shall be emptied and disposed of immediately following the use of the hall. 20. 1) Every year before using the heating equipment every public hall licensee shall cause the furnace or stove, the pipes therefrom and the chimney to be examined, cleaned and put in a proper state of repair. 2) Every stove or furnace placed in the auditorium of any public hall shall be protected with sufficient guards or insulation, and shall be so located as to not interfere with emergency exit and be not closer than twenty feet to any exit door. 3) Every furnace room in any building containing a public hall shall be of fire-resistive construction or with the walls and ceiling have plaster on metal lath or plaster-type wall boards and shall be equipped with self-closing fire doors. 21. 1) Every public hall shall be equipped with one standpipe and hose or one five-gallon water pump tank or equivalent water type fire extinguisher on the basis of one such appliance for every 1500 square feet of floor area or fraction thereof, except where the hall is equipped with chairs and tables in which case one such fire fighting appliance shall be required for each 1000 square feet of floor area or fraction thereof, provided that the minimum shall be two such fire fighting appliances, and shall be equipped with fire extinguishers of such type and number as the fire chief may require for use in the cloak rooms, washrooms, kitchens and other service rooms. 2) The fire chief may require the installation of an automatic fire detection system or automatic sprinkler system in any public hall or parts thereof or in any stairway or passageway used as an exit from a public hall. 3) Every fire extinguisher and other fire fighting appliance shall be maintained in good operating condition and regularly inspected. 4) No fire extinguisher shall be installed in a public hall unless it bears the approval label of the Under- writers Laboratories of Canada Ltd., the Underwriters Laboratories Inc., the Factory Mutual Laboratories or the National Research Council of Canada. 22. 1) It shall be the duty of the fire chief, chief of police and building inspector to enforce this by-law and to inspect every public hall in the municipality from time to time as required to ensure that the requirements of this by-law are being fully met. 2) For such purpose, the fire chief, chief of police and the building inspector or any of their assistants may enter any public hall at any time, and to test the adequacy of the emergency exit facilities, and may with the instructions of the Council require a practice fire drill by all persons in the public hall at such time. - 8 - 23. Every person who contravenes any of the provisions of this by-law shall upon conviction therefore be liable to a fine not exceeding $300.00, exclusive of costs, or to imprisonment for a term not exceeding twenty-one days, or to both such fine and imprisonment. 24. Where a public hall licencee is convicted of an offence under this by-law the licence shall be suspended forthwith by the By-law Enforcement Officer and shall not be reinstated until the fire chief certifys in writing that the conditions resulting in the charge and conviction have been remedied and that the hall and its proposed operation comply with this by-law. 25. This by-law shall take effect upon the day of the final passing thereof. 26. By-law Number 1659 and By-law Number 2601 be and the same are hereby repealed. 27. READ A FIRST, SECOND AND THIRD TIME AND PASSED in open Council this day of 1974. Mayor Clerk