HomeMy WebLinkAbout1469A By-law to Provide for the Licensing and Regulation of Public Halls.
WHEREAS ~'he Public Ha11s Act, RSO 1960 Chapter 320 and amend-
ments thereto, provides that no public hall shall be offered for use or
used as a place oP public assembly unless the owner thereof holds a
licence therefor Prom the city, town, village or township in which it
is located, or where it is located in a city having a population of not
less than 100,000, from the board of commissioners of police of the city;
Ah'D WHEREAS The rdunieipal Act, RSO 1960 Chapter 249 and amend-
ments thereto, provides that the council of a town, township or village
and of a city having a population of less than 100,000 and the board of
commissioners of police of a city having a population of not less than
100,000 may by by-law re ulate and license subject to the provisions of
The Theatres Aet (RSO 190 Chapter 396 and amendments thereto) exhibi-
tions held for hire or gain, theatres, music halls, bowling alleys,
moving picture shows, public halls and alI places of amusement, and for
prohibiting the location of them or a particular class of them, on land
abutting on any highway or part of a highway to be named in the by-law
and for revoking any licence granted;
'T'HEREFORE the Council of the Corporation of the Township of
Clarke enacts as follows;
1. In this by-law, -
(a) "owner" means person who has in respect of premises
an estate for life or a greater estate, legal or
equitable, or a leasehold estate; and
(b~ "public hall" means a building, including a portable
building or tent with a seating capacity for over one
hundred 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 Aet, or a
building, except a tent, used solely for religious
purposes.
(c~ "fire resistive construction" means non-combustible
construction having a fire-resistance rating oP one
hour or more.
2. (1) No owner 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
treasurer of this municipality for which the fees
payable shall be as follows;
Grade 1 - For a hall having a lioensed.
capacity of over 1,000 persons... lOQ.00
Grade 2 - For a hall having ~ licensed
capacity of between 999 and
600 persons ......................~_ 50.00
Grade 3 - For a hall having a licensed
capacity of between 599 and
300 persons ...................... 25.00
Grade 4 - For a hall having a licensed
capacity of under 300 persons.... `'10.00
provided that a Limited Public Hall T_.icenee permitting not
more than one meetinaz of entertainment in any calendar
month or rot 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.
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(2) For the tranfer of a public. hall licence a fee shall
be paid to the treasurer by the transferee similar
to the charges quoted under Section 2 (1) of this by-
lsw.
3. No lioenoe fee shall be payable under this bg-law by any reli-
gious organization in respect of a hall used for entertainment. given
or held by it, but every such hall shell in all other respeots`eomply
with thi s by-law.
4. Every application for a publio hall lioenoe shall be acoompanie8
by,-
(a) a statement on the form provided by the treasurer giving
suoh particulars"as to the location, size and constru~-
tion of the hell, as may be required;
(b) a certificate signed by the fire chief or fire prevention
officer, certifying that he has inspected the building in
respect of which the applioation is made and has found that
it is in accordance with this by-law as to' fire safety pre-
cautions;
(c) a oertifioate signed by the ohief of police certifying that
the operation of a hall in the looation applied for is
approved by him and that he is satisfied with the proposed
use of the building or part thereof as a publio hall and
with the proposed methods of operation; and
(d) a oertifioate dated within three months of the applioation
signed by the local inspector of The Hydro-Electric Power
Commission of Ontario, certifying that the electric wiring
has been inspected and found satisfactory.
5. (1) The owner of a publio hall 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 lieeno®, which maximum
capacity shall be determined as follows;-
(a) where the publio 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 six
square feet of total floor area where fixed seating is
employed and eight square feet per person where movable
seats are used;
(b) where the publio hall is in the basement or on the second
floor of a building not of fire-resistive construction the
maximum eapaoity shall be determined on~the basis of one
person to each ten square feet of total floor area;
(o) where the public hall is on the third floor of a building
not of fire-resistive oonstruotion, the meusimum eapaoity
shall be determined on the basis of.one person to each
fifteen square feet of floor area.
(2) A lioenoe shall not be issued for a publio hall on any storey
higher than the third floor in a building not of fire-resistive con-
struction.
(3) The owner of every public hall shall display in a prominent
place in the entranceway to the publio hall and inside the hall ad~er-
oent to the entranceway placards with the following wording in letters
not less than two inches high:
"OCCUPANCY OF 'THIS HALL HY' TdORE THAN............PERSONS
I S DAI~~ER OUS AND UNLAWFUL. "
with the blank filled in with the maximum oapaoity as stated on the
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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 boa or fire hall.
(4) For the purposes of this section;-
(a) the floor area of a public hall shall not include the
floor areas of any platform, stage, washroom, kitchen,
cloak room, hallway, entranceway, stairway, stairwell
or any other ante room adjacent to or used in connection
with suoh publio hall;
(b) no person employed or serving on or in any of the Ploor
areas mentioned in clause (a) shall be counted in deter-
mining the number of persons permitted in a publio hall.
6. (1) In every publio 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 fourty-four inches in width for every 200
persons or fraction thereof for whioh the hall is licensed.
(2) In every publio hall having rows of movable seats there shall,
in addition to the space at the front and rear of the hall, be aisle
space of not less than fourty-four inohes in width for every 150 per-
sons or fraction thereof for whioh the hall is lioensed 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 rows of movable seats they shall
be fastened together so that there are units of not less than four or
more than twelve seats.
(4) 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 airy space usad~~ PoP danetn~ or_~any'eh'~er'Gain~ent, Be clear
aisle space of not less than twenty-two inohes in width between rows
of tables and chairs for not more than two persons, thirty-six inohes
between rows of tables and chairs for not more than four persons and
fourty-four inches in width between rows of tables and chairs for more
than four persons at an individual table.
f5) P~fiovable seats shall not be permitted in balconies or galleries
on which the floor is arranged as steps.
(6) Where an exit is located at the side of the hell having movable
or fixed seats or chairs and tables there shall be a cross aisle giving
access to each suoh exit.
(`]) Standing in the aisles, additional seats or additional eh airs
or tables whioh would reduce the aisle spade below the minimum required
shall not be permitted.
~. (l) Every publio hall shall have at least two independent exits,
each at least three Peet in width, located as Par apart as is struc-
turally feasible, but in no case less than the width of the publio hall
or approximately fifty peroentum of the length of the publio hall.
(2) The distance of travel to any exit from the hall shall not
exceed 100 feet, measured along the path of exit travel from any seat.
Vahere because of the size of the hall this is not practical, exits may
be spaced not more than 100 Peet apart along the perimeter of the hall.
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(3) ~Phere there are only two exits from a public hall licensed
for more than 300 persons, each exit shall be not less than fourty-
four inches in horizontal width.
(4) '~Fhere the licensed maximum eapaoity 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-resis-
tive construction, additional exits shall be required on the basis of
not less than twenty-two inches of exit width for every 90 persons or
fraction thereof above 400 persons.
f5) V9here the licensed maximum capacity of the hall is greater
than 300 persons in the basement or on the seoond or third floor of a
building not of Pire-resistive construotion additional exits shall be
reauired on the basis of not less than twenty-two inches of exit Aidth
for every 60 persons or Fraction thereof above 300 persons.
(6) .~rery 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.
(']) Rugs, carpets or other floor coverings shall be scoured and
maintained so that they will not ruck, or so that they will not in
any way impede egress.
(8) Vats located at the entrance of the public hall shall be
flush with floors or have chamfered or bevelled edges.
(9) Articles which may create any obstruction shall not be located
in or adjacent to the path of exit travel.
8. (1) All exit doors including the main entrance door shall be
equipped with panic-type hardware that enables a door to be opened
easily upon the application of pressure from the inside. Panic hard-
ware shall not be required on free-swinging doors which are not equipped
with any looking or latchina~ devices.
(2) No revolving type of door or turnstile shall be used as an
exit from a public hall except that a revolving type door or turn-
stile may be used Prom the first or ground floor provided that there is
an exit door or doors of thesv~ing type adjacent to and within at least
fifteen feet of the revolving door or turnstile.
(3) Hooks, padlocks, chains and draw bolts, other than the panio
hardware type, shall not b® permitted on doors.
(4) ?~henever a public hall is to be used the owner shall take all
necessary steps to ensure that the doors open freely.
9. (1) Above every exit, or aecesa to exit, there shall be an illumi-
nated sign having letters of not less than six inches in height and the
principal strokes three-quarters of an ir_ch in width, 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 servioe switch and provided with
its own service box.
(2) Every exit sign shall be clearly visible from the most distant
part of the hall from which there is a clear line of sight.
(3) The 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.
(4) Lvery door which does not lead to an exit shall be plainly
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marked with letters not less than six inches in height, designating the
part of the premises to whioh it leads unless an exit leading to grade
is available through such a roots and in such case the door shall be
marked as an exit.
10. (1) The width of every exit stairway shall not be less than the
exit door from whioh 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 uermit in writing for a stairway having
a slope of not greater than forty-five degrees from the horizontal.
(2) The treads of such stairs shall be maintained with a non-
slip surface.
(3) When the diff erenee in floor levels or the height of any exit
door from the ground level is not greater than ten Peet, an inclined
ramp may be permitted in lieu of a stairway, provided such ramp shall
have a slope not greater than one foot rise in a ten foot run.
(4) Any exit stairway, connecting two or more Floors, shall be
enclosed at all floor levels with aonstruotion having a fire resistance
of not less than one hour. Doors providing access to this enclosure
shall have afire resistance of not less than three-quarters of an hour,
and shall be equipped with self closers. All stairway doors shall open
in the direction of exit travel.
(5) All exit stairway enclosures s-hall provide a protected means
of egress to grade such that it would not be necessary to leave the
stairway enclosure to reach an exterior door. A lobby or foyer may
constitute part of the stair enclosure provided that it is enclosed in
aeaordance with subsection 4 and provided that the distance of travel
through the lobby to an exit does not exceed fifty feet.
(6) Exit stairs from the first balcony or gallery above the main
floor need not be enclosed provided that these stairs serve only the
first balcony or gallery.
(~) Every passageway or platform leading to or from an exit stair-
way shall be kept clear of all obstructions.
(8) Cupboards shall not be constructed underneath any stairway
nor the space under any stairway used for storage purposes.
(g) A11 combustible exit stairs and landings shall have their
undersides protected by a one hour fire resistive ceiling.
11. (1) Every outside fire escape
shall extend down to the ground or
fire escape is situate on a street
may, with the approval in writing
counter-balanced type. In no oase
exceed forty-five degrees with the
shall be of the stair type only and
street level, provided that where a
or travelled lane the last, section
~f the building inspector, be the
shall the slope of the stairway
horizontal.
(2) the stairs, platforms, supporting members and anchorage of every
outside Pire escape shell be designed to support, in addition to their
own weight, a live weight of not less than one hundred pounds per
square foot of tread and platform.
(3) Every window beneath, within fifteen feet horizontally, and
every window above, within ten Peat vertically of any portion of an
outside fire escape, shall be provided with wired glass in fixed sash
and every door underneath or providing access to an outside fire escape
shall be metal-clad and equipped with self closers.
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(4) The maximum vertical distance between grade level and the
second storey landing of an outside fire escape shall not exceed
fourteen feet and the maximum vertical distanoe between $lI other
landings above the second storey shall not exceed twelve feet.
(y) Every stairway of an outside fire escape shall be thirty-
six inches or more in width measured between the stringers and alI
landings shall have an area of at least twelve square feet and each
stairway and landing shall be equipped with hand rails.
12. Before the publio hall is used on any occasion the owner shall
clear every outside fire esoape of snow and ice or other obstruction.
13. Every .stairway, passageway and
whenever the public hall is in use,
eight feet of the floor Level shall
prevent breakage or removal.
fire escape shall be well lighted
and all electric light bulbs within
be protested with metal guards to
14. False doors, windows, mirrors or other type of decoration which
give the appearance of a door or exit ®here no door or exit exists
shall not be permitted.
15. (1) Decorations, curtains and stage properties of cloth, paper
or other flammable material shall not be permitted in a publics hall
unless treated with a flame-retardant and re-treated at least once
in every year.
(2) Flammable decorations, notwithstanding they are flame-retar-
dant treated, shall not be planed on an electric fixture or within
three feet of an electric bulb, stove or heating appliance or the
pipes in connection therewith.
16. Flammable liquids or explosives or other substances dangerous
to human life shall not b® kept or stored in a public hall or in the
building in which the publio hall is located except where written
approval is obtained from the building inspector or the fire chief.
11. (1) The fire chief may permit smoking in a public hall or any
part thereof ®nd "NO SMOKING" signs shall be posted in the hall or
portion thereof where smoking is prohibited.
(2j In the hall or portion thereof where smoking is permitted
substantial ash trays or stands of non-combustible materials shall be
pleQed so as to be of convenient access in such number as may be
required by the fire chief.
(3) Smoking, matches, open flames, fire-crackers or any device
producing an exposed spark or flame shall not be used on any platform
or stage in any publio hall without the written permission of the fire
chief.
18. (1) Every publio hall shall be kept Olean and clear of rubbish.
(2) Metal containers with self-closing covers shall be provided
and conveniently pleQed for the deposit of used paper towels and
rubbish and the contents of every such container shall be emptied and
disposed of immediately following the use of the hall.
19. (1) Every year before using the heating equipment every publio
hall owner 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 heating appliance pleQed in the auditorium of any
publio hall shall be protected with sufficient guards and insulation,
and shall be so located as to not interfere with the flow of to exit
traffic and be not closer than twenty Peet to any exit door.
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(3) Every furnace room in any building containing a public hall
shall be separated from the remainder of the building by construction
having afire resistance of not less than one and a half hours. Any
ducts passing through this enclosure shall be equipped with self-
closing fire dampers.
(4) Every fuel-fired heating appliance that is installed in a
public hall shall be oo ntained in an enclosure in accordance with subsec-
tion 3 except in a public hall located in a building not more than two
storeys in height including basement oraellar and having an occupancy
of less than two hundred persons, with the written permission of the
fire chief or building inspector.
(a) two fuel-fired heating appliances of a type listed
by a recognized testing laboratory, or
(b) sic sealed combustion system appliances of a type
listed by a recogniz®d testing laboratory
may be installed without being enclosed.
Z0. (1) Every publio hall shall be equipped with sufficient stand-
pipes and hose to protect every part of the hall and intercommunica-
ting rooms without using more than 15 Peet of hose on any standpipe
connection or with five gallon water pump tank or equivalent water
type fire extinguishers on the basis oP one such appliance for every
1,500 square feet of floor area or fraction thereof, except where the
hall is equipped with chairs and tables in which case one suoh fire
fighting appliance shall be required for each 1,000 square Peet of
floor area or fraction thereof, provided that the minimum shall be two
such fire fighting appliances, and shall be equipped with fire extin-
guishers of suoh 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 publio
hall or part or parts thereof or in any stairway or passageway used
as an exit Prom 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 Underwriters Laboratories oP
Canada, Ltd., the Underwriters Laboratories Inc., the Factory Mutual
Laboratories, or the Fire Offioes~ Committee of the United Kingdom.
21. (1) It shall be the duty of the fire ohief, ohief of police and
building inspector to enforce this by-law and xa 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 suoh purpose, the fire ohief, ohief of polioe and the
building inspector or any of their assistants may enter any publio
hall at any time, and to test the adequacy oP the exit Pa~cilities, and
may with the instructions of the council require a practice fire drill
by all persona in the publio hall at suoh time.
22. Subject to the provisions of The Public Hal]s Act, every person
who contravenes any of the provisions of this by-law shall upon convic-
tion therefore be liable to a fine of not less than X10.00 and not
exceeding 50.00, exclusive of costs, or to imprisonment for a term
not exceeding twenty-one days, or to both suoh fine and imprisonment.
23. ~9here a publio hall licensee is convicted of an offence under
this by-law the licence shall be suspended forthwith by the treasurer
and shall not be reinstated until the fire ohief and the polioe chief
certify in writing that the conditions resulting in the charge and
conviction have been remedied and that the hall and its proposed opera-
tion comply with this by-law.
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24. This by-law shall take effect upon the day of the final passing
thereof.
READ a first and second time this ~. day of 1965.
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Clerk
READ a third time and finally passed this ~, day of~•~~~ 1965.
S B A L
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