HomeMy WebLinkAboutProviding the Safety of Persons & Property and Providing Issuance of Permits for Inspection for Rules & Regulations Governing all Places of AssemblyORDINANCE No. 3b74 (AS ANEUDED)
Passed by the Common Council of the City of South Bend, Indiana
nCTOAER 14th
Attest: G V � C
Presented by me to the Mayor of the City of South Bend,
UMBER 15th 193/ -46-
L
Clerk
of Common Council
Clerk
Approved and signed by me OCTOBER 15th. 1 46
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AN ORDINANCE PROVIDING FOR THE SAFETY OF PERSONS AND
PROPERTY AND PROVIDING FOR THE ISSUANCE OF PERMITS
PROVIDING FOR INSPECTION AND FOR RULES AND REGULA-
TIONS GOVERNING ALL PLACES OF ASSEMBLY; PROVIDING
PENALTIES FOR VIOLATIONS; AND REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH.
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WHEREAS, the Common Council of the city of South Bend, Indiana, believes
that existing rules and regulations governing conditions of fire hazard in places
of public assembly are not sufficient for the full protection of life and pro-
perty in such places; and
WHEREAS, it is necessary for the proper protection of life and property
in such places that an ordinance be adopted for the city of South Bend, and
enforced by its own authorized officers.
NOW, THEREFORE, be it ordained by the Common Council of the city of South
pend,,Indiana, that:
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Section 1. APPLICATION.
(a). All places of assembly, as defined in paragraph (b) following.
f shall comply with the provisions of this Ordinance, provided, however, that
the Fire Chief of the city of South Bend, Indiana, may modify such of its pro-
visions as would require structural changes,,if., in his opinion, adequate safety
may be otherwise obtained and provided that such modification, and his reasons
therefor, be prepared in writing and filed with the Board of Public Works and
Safety of the city of South Bend. Indiana, as a public record.
(b). "Place of assembly" as used in this Ordinance shall mean a room or
jspace in which provision is made for the seating of ryg.,or more persons for,
'religious, recreational, educational, political, social, or amusement purposes
or for the coas=ption of food or drink. Any such place of assembly shall
include any occupied or used connecting room or space upon the same story or
in a story or stories above or below the actual place of assembly, if any
entrance way is common to the rooms or the spaces on the same story above or
below and connected with the actual place of assembly.
(c). A permit shall be obtained by the owner or lessee of any place of
assembly. The permit shall be issued for one year from the date of issuance
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and shall specifically provide that it is re*a made for cause, as is hereinafter
provided, Application for the permit shall be (ade to the Chief of the Fire
Department, who may require building plans showing the type of construction,
the location and size of each exit, the location and size of each aisle, and the
exact seating arrangements, together with full details covering decorations,
Upon application for a permit, the Chief of the Fire Department shall first
determine that all-of the provisions of this Ordinance and of any other applicable
city ordinance relating to public safety have been complied with and thereafter
shall, in writing, instruct the City Controller to issue such permit, which said
Controller shall forthwith del
Section 2, INSPECTION BY FIRE DEPARTMENT.
The Chief of the Fire Department shall inspect, or cause to be inspected,
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each place of assembly. Such inspection shall be made at least ace - e12on0
and at such time, including time of occupancy and use, as to assure full compliance
with the regulations set forth in this Ordinance and with such orders as may be
issued in connection with previous inspections hereunder, The inspections so
made shall also include an examination to determine the fulfillment of all re-
quirements of statutes of Indiana and any rules of the State Fire Marshal,
Section 3. PLACARD SHOWING CAPACITY
Each place of assembly shall contain a placard, issued under the signature
of the Chief of the Fire Department, upon which is stated, in letters not less
than four inches in height, the certified capacity of the place of assembly,
excluding employees. No persons in excess of said number, excluding employees,
shall be seated in such place of assembly at any time under any conditions and
no seats or chairs shall be provided for any number in excess of the number
indicated on said placard.
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Section 4, DECORATIVE MATERIALS,
(a). No combustible decorative material shall be used in any place of
assembly unless the same shall be rendered flameproof, This shall apply, by
way of example, to curtains, acoustical materials, streamers, cloth, cotton
batting, straw, vines, leaves, trees, and moss, as well as all other materials
of any kind or nature used for purposes of decorating which are combustible,
Provided, however, that this shall not apply to floor coverings nor shall it
apply to materials not more than one - sixteenth of an_inch in thickness which axe
applied directly to and adhering to non - combustible base, Flameproofing shall
be done in accordance with methods generally recognized as being of a permanent'
nature and approved by the Chief of the Fire Department and such flameproofing
shall be tested by the Fire Department at intervals of not more than six months,
After such tests the £lameproofing treatment shall be renewed, if this is
found necessary by the Department.
(b). The use of so- called imitation leather, or any other material con-
sisting of or coated with a pyroi in base, is prohibited.
Section 5, AISLF,S.
For each room or space used with chairs alone, or with tables and chairs,
the area shall be such as will provide for ready, safe access by aisles to each
exit doorway. Aisles leading directly to exit doorways shall have a clear width
as follows:
For places of assembly seating more than 100 but less
than 500
For places of assembly seating more than 500 but less
than 1,000
For places of assembly seating more than 1,000
Section 6, EXITS DEFINED.
4ft. 2 inches
6 ft. 6 inches
t,
96 inches
(a). "Exit ways' means the exit doorway or doorways or such doorways, to-
gether with connecting hallways, passageways or stairways, through which persons
w pass safely from the place of assembly to a street or to an open space which
provides safe and direct access to a street. Exit ways from any room may lead
through other rooms of the same tenancy.
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(b). "Exit doorway" means the doorway or,other opening through which
persons may pass in using an exit way.
Section 7, BASIS FOR DETERMINING EXITS,
The basis of exit requirements shall be one person to each fifteen square
feet of gross area occupied, not including store rooms. When application is
made for a permit in which the number of persons to be accommodated, either in
any given room or space or in the gross area of the place of assembly, is greater
than the spaces, the exit requirements shall be based upon this greater number.
Where the existing exit facilities for any room or space accommodating 100 or
more persons are not sufficient on the above basis of one person to fifteen square
feet. then the number of persons permitted within approved capacity shall be
reduced in proportion to the exits existing and available, Where the place of
assembly is largely occupied by chairs or chairs and tables, no greater number of
chairs shall be permitted than that required for the number of persons for whom
exits have been provided. Chairs shall include every kind of seating arrangement.
Section 8, EXIT DOORWAYS.
(a), Every room, gallery, balcony, tier, or other space having a capacity
of 100 or more persons shall have at least two exit doorways. In existing places
of assembly located on the first or grade floor, a single exit doorway may be
used to provide exit for not more than 200 persons, provided the doorway has
a clear width of not less than 36 inches. The exit doorways shall be
so located that no point in the room or space is more than one hundred feet
distant from an exit doorway, measured along the safe and accessible line of
travel.
(b). The aggregate clear width of doorways serving as required exits
shall be not less than at the rate of 36 inches for every 100 persons
to be accommodated. No exit doorways, however, shall have a clear width of less
than 36 inches, except that existing exit doorways having a clear width
of at leapt 30 inches may be acceptable.
(c). Exit doorways shall be located with proper regard to the safety of
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the occupants and ease and accessibility of exit. The size and shape of the
room or space, the accessibility of streets and open spaces, the a'ility to
use horizontal exits, and the desirability of good separation of exit doorways
shall be considered.
Section 9, EXIT WAYS,
Every room, gallery, balcony, tier, or other space, having a capacity of
more than 200 persons shall have at least two exit ways. Where the capacity is
more than 600 persons, at least three exit ways, and where the capacity is more
than 1,000 persons, at least four exit ways. Such required exit ways may use
communicating hallways, corridors, or passageways and exit ways from two or more
separate places of assembly may use common interior stairways, but the required
exit ways for any one place of assembly shall not use a common interior stairway.
Section 10. EXIT DOORS
(a). All exit doors in rooms to be occupied by 50 or more persons and all
exit doors in exit ways from places of assembly shall be hung to swing in the
direction of exit travel, provided that this requirement shall not be construed
to prohibit doors which swing both inwards and outwards,
(b) Revolving doors shall not be used in required exit ways except under
one or morg of the following conditions;
1. If the place of assembly is in a building of fireproof construe-
tion, with no hangings, draperies or decorations of cloth or paper, or
other combustible material, other than flameproo£ed curtains.
2, If the place of assembly and the remainder of the building con-
taining the place of assembly are protected by an automatic sprinkling
system,
3, if the place of assembly has a capacity of not over 200 persons
and has no hangings, draperies, or decorations of cloth or paper, or other
combustible material, other than flameproofed curtains, and there is an
exit door of the swinging type adjacent to each revolving door.
4. If a place of refuge is provided for all occupants of the
place of assembly in portions of the building between the exit doors of the
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place of assembly and the revolving doors and there is an exit door'of
the swinging type adjacent to each revolving door. Such place of refuge
may consist of hallways, stairways, or other areas which are separated
from the place of assembly by fire walls or fire partitions,
(c). Revolving doors shall be used in exit ways only at points
of egress from the first story above grade,
(d), All revolving doors in exit ways shall be of a type approved
by the Chief of the Fire Department. The Chief of.the•Fire Dept. shall
approve no revolving door unless it is so made as to collapse under
pressure and only the width of one leaf shall be considered in figuring
exit requirements. The owner or occupant of a building using such re-
volving doors shall instruct every employee in the method of collapsing
said revolving doors and said doors shall be tested by coal.apsing at
least once each month.
(e). During any period when any person or persons occupy any
place of assembly no exit door shall be locked, bolted, or otherwi$e
fastened so that said door cannot be opened from the inside by the
use of the ordinary door knob or by pressure upon the door or upon a
panic release device. In all places of assembly with an approved capa-
city in excess of 500, the exit door shall be provided with approved
panic bar release device.
Section 11, MARKING OF EXITS.
(a). In rooms accommodating more than 75 persons, required exit doorways,
other than those normally used for entrance, shall be plainly marked by exit
signs approved by the Chief of the Fire Department. Such exit signs shall be
sufficiently illuminated at all times when any one or more persons are within
the room, so that they may be readily distinguished. The determination of
sufficient lighting shall be made by observation and the finding of the Chief
of the Fire Department shall be conclusive.
(b). In the event the Chief of the Fire Department shall find that
directional signs are reasonably necessary in order to obtain full, safe use of
exit doorways, then such signs shall be placed on walls or otherwise, as required,
and in conspicuous locations, to direct occupants to the exits.
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Section 12, LIGHTING OF EXITS.
(a). All required exit ways shall be kept adequately lighted when the
place of assembly served thereby is occupied by one or more persons. Adequate
lighting shall be determined by observation and the finding of the Chief of the
Fire Department shall be conclusive.
(b). In rooms accommodating more than 75 persons, artificial lighting of
the rooms and of the exit ways therefrom shall be by electricity, and shall be
so arranged and so supplied that interruption of supply to any lighting branch
circuit will not result in the ex inj Ashment of all of the lights in the room
or of all the lights along any exit way. All additional requirements concerning
the electrical supply and its arrangement, reasonably relating to safety of
persons and property or reasonably relating to the reduction of hazard from fire,
as determined by the Chief of the Fire Department, . shall be obligatory upon owners
and occupants of places of assembly and other rooms subject to the terms of this
Ordinance.
Section 13. USE OF EXITS
No part of a stairway, whether interior or exterior, nor of a fire tower,
hallway, corridor, vestibule, balcony or bridge leading to a stairway or exit of
any kind,.shall be used in any way that will obstruct, in whole or in part,
its use as an exit or in any way that will create or tend to create a hazard of fire
Section 14. STAIRWAYS.
(a), Construction. Where a place of assembly is located above the second
story above grade interior exit stairways shall continue to the roof; provided
that in case of roofs having a pitch exceeding one in four, such stairways shall
not extend through the roof but shall be connected by a communicating hallway in
the top story.
Except in existing buildings. required interior exit stairways from a
place of assembly shall be constructed of non - combustible materials throughout.
All stairways shall have solid risers securely fastened in place.
When treads or landings are of slate, marble, stone or composition_, they
shall be suitably supported for their entire length and width.
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Treads and landings Ahall be constructed and maintained in a manner to
prevent persons from slipping thereon,
(b). Enclosures for Stairways. Every interior stairway constituting
part of an exit way from a place of assembly shall be enclosed with partitions
having a fire resistance rating of not less than two hours,.provided that in
lexisting buildings the enclosure shall have a fire resistance rating of not less
than one hour.
(c). Width of Stairways and Connecting Passageways, The aggregate width
of exit stairways in any story shall be not less than at the rate of twenty -two
inches for every one hundred persons to be accommodated by such stairway. The
minimum width shall be 36 inches,
The Hallway or corridor connecting a stairway with the exit doors leading
to the street, or to a court or open space communicating with a street, shall have
a clear width of not less than the aggregate required widths of stairways served
thereby.
(d). Treads and Risers.. Risers shall not exceed seven and three - quarter
inches in height, and treads,. exclusive of nosing, shall be not less than nine
and one -half inches wide. Treads and risers shall be of uniform width and height
in any one story.
The use of winders is prohibited in required stairways.
(e). Ramps used as required exit ways shall have a greadiient not exceeding
one foot in ten.
M. No place of assembly shall be allowed above the second floor in any
frame building. Where the place of assembly is on the second story of a frame
building'at least one -half the required exit capacity shall be provided by exterior
stairways, or stairways separated from the first floor by fire partitions and
extending direct to the street.
(g). All exterior stairways shall be constructed of non- combustible
material, except that wooden construction may be permitted on existing buildings
occupied by places of assembly on the second floor where the stairway extends at
right angles to the building wall, or there are no openings below or within ten
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feet of the stairway.
Section 15, ASH TRAYS
Where smoking is permitted, there shall be provided on each table and at
other convenient places suitable non - combustible ash trays or match receivers,
Section 16. FIRE APPLIANCES.
(a), The Chief of the Fire Department shall survey each place of assembly
and shall designate suitable fire appliances and the locations and areas .where
such appliances are deemed necessary. Said appliances may consist of automatic
alarm systems, automatic sprinklers, standpipe and hose or portable extinguishers.
After designation of type, number and place of location of such fire appliances
by the Chief of the Fire Department no use of the place of assembly shall be made
until the requirements so determined have been completely fulfilled,
(b), All fire appliances shall be kept in proper working condition; all
extinguishers and hose and similar appliances shall be visible and handy at all
times and not under any circumstances hidden from view, covered or obstructed in
any way. It shall be the duty of the owner or occupant or of those individuals,
such as a Board of Trustees or other governing or official body, in charge of each
such building or part of building occupied as a place of assembly, to set up a
system of notifying the Fire Department of the existence of a fire in case such
eventuality should.occur. Such system shall be submitted to the Chief of the Fire
Department for his approval and shall be so designed as to cause notice of a fire
to be given to the Fire Department in the shortest reasonably possible time. In
the event the system submitted is not approved by the Fire Chief, then the Fire
Chief shall, in writing, direct the system to be used and such system shall be
taught to all regular employees or, if control and supervision of such place of
assembly is conducted by volunteers or persons other than employees, then such
systems shall be taught to such persons. In the event, at the time of any survey,
inspection or investigation by the Chief of the Fire Department, any regular
employee or any such other person exercising supervision or administration over
any such building shall not have knowledge of the system and of the use of the
various fire appliances determined as set forth above, then the Chief shall, unless
such employees, or other persons, have been employed for a period of less than
thirty days, revoke the permit for which provision is made in Section 1 of this
ordinance and the building or part of building occupied as a place of assembly
shall not be so used until the owner or occupant thereof makes proof to the Chief
of the Fire Department that the conditions of this "fiction have been fulfilled.
In the event employees, or other administrative or advisory persons, have been
employed for less than thirty days, as stated above, then the Chief of the Fire
Department may revoke the permit unlessia reasonable effort has been made to teach
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the system of warning in the event of fire and the use of the fire appliances to
such persons. Wherever a large number of persons are employed, the owner may,
with the written permission of the Chief of the Fire Department, arrange that the
responsibility of giving notice of existence of a fire and the use of the fire
appliances shall devolve upon a number smaller than the total of such employees,
but the number and arrangement shall be subject to the written approval of the
Chief of the Fire Department and when such approval has been obtained, failure to
fulfill each and every requirement contained in the written approval shall be .
deemed a violation of this Ordinance and shall make the owner or occupant of such
building or part of such building subject to revocation of permit.
Section 17. REVOCATION OF PERMITS.
(a). In the event any requirement of this Ordinance is not fulfilled, then,
by order of the Chief of the Fire Department, the permit, for which provision is
made in Section 1 hereof, may be revoked by him. This revocation shall be made
in writing and copy thereof shall be served upon the owner or occupant or attached
to an entrance door to the place of assembly or other room covered by this Ordi-
nance, and another copy shall be filed with the Board of Public Works and Safety
of the City. Revocation as provided in Section 16 shall be final and conclusive .
upon service by the Chief of the Fire Department and he shall have sole and
exclusive jurisdiction to pass upon the fulfillment of the requirements of that
Section so that the permit may be re- established by the owner or occupant. In.
all other cases the owner or occupant may take any one of the following procedures:
1. He may immediately fulfill the requirements as demanded by the Chief
of the Fire Department and obtain the written approval of the Chief for the rein-
statement of the permit,
2. He may appeal to the Board of Public Works and Safety on groundsthat
the requirements of the Chief are unreasonable, improper, or contrary to the
reasonable needs of the place of assembly or other room covered by the terms of this
Ordinance. The said Board of Public Works and Safety shall provide for a hearing
within twenty -four hours after receiving such written protest. Such hearing
shall be held and the owner or occupant shall be permitted to attend, in person
or by attorney, and to present all relevant facts to the Board, At the request
of the owner or occupant or of the Fire Chief, the Board may investigate the pre-
mises. After the hearing, the Board shall make a decision within twenty four hours
and said decision shall be binding upon the owner or occupant or upon the Chief
of the Fire Department.
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It the decision shall uphold the Chief of the Fire Department then the
owner or occupant shall not make use of the place of assembly or other room covered
by the terms of this Ordinance until the requirements of the Chief of the Fire
Department have been fulfilled. If the protest of the owner or occupant is upheld
by the Board of Pulic Works and Safety then such ruling shall be deemed a rein-
statement of the permit.
(b). In the event of the revocation of a permit by the Chief of the Fire
Department, in which the owner or occupant makes no protest to the Board of Public
Works and Safety, said owner or occupant shall, prior to making use of the place
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of assembly or other room covered by the terms of this Ordinance, pay $ 10
to the Controller of the city of South Bend to cover the cost of the additional
inspection and investigation necessary in such cases.
(c). In the event an owner or occupant whose license has been revoked
files protest with the Board of Public Works and Safety and in the event, further,
that the ruling of said Board of Public Works and Safety upholds the revocation,
then, the reinstatement of the license, after the fulfillment of the requirements
of the Chief of the Fire Department, shall be conditioned upon the payment first
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to the City Controller of South Bend of $ Z S T_ to cover the cost of
additional costs because of the hearing and the records thereof.
(d)'. In the event the permit of any owner or occupant is revoked more
than three times in any five-year period, and if protest is made upon.any one or
more of such revocations, a finding in favor of the Chief of the Fire Department
made by the Board of Public Works and Safety, then the revocation of the permit
shall be permanent and the owner or occupant be forbidden for a period of five
years to use said place of assembly or other room covered by the terms of this
Ordinance for such purposes during a period of five years from the date of the
first revocation in excess of three, as aforesaid.
Section 18, DECLARATION OF NUISANCE.
It is now specifically declared by the Common Council of the city of
South Bend, Indiana, that the operation of any place of assembly or other room
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covered by the terms of this Ordinance, or the use of say place of assembly or
such other room by any person, firm or corporation, contrary to the terms of this
Ordinance or to the rules and regulations and the reasonable findings of the
Chief of the Fire Department of the city of South Bend, or contrary to a ruling
of the Board of Public Works and Safety in the event a protest is filed before
it, shall constitute a common public nuisance and the City Attorney is hereby
empowered, for and on behalf of said City and in Ito pame,,to file an action to
enjoin permanently such nuieancgs,
Section 19, CHIEF OF THE FIRE DEPARTMENT
Wherever the term "Chief of the Fire Department" is used herein, it shall
mean the Chief, any Assistant Chief or any officer of the Department above the
rank of Lieutenant assigned to the duty of inspecting, investigatingt surveying
-or doing any of the other acts or things or fulfilling any of the pesponsibilities
of the Chief of the Fire Department for which provision is made in this Ordinance.
Section 20, EFFECTIVE DATE,
This Ordinance shall be in full force and effect from and .after its passage
by the Common Council, its approval
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