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City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (17) Index
[Adopted as Secs. 2-1, 2-2.01, 2-2.02, 2-2.03, 2-3, 2-4, 2-5, 2-6 and 2-7 of the 1965 General Ordinances; amended in its entirety 9-20-2005 by Ord. No. 222-2005]
A. 
No owner, tenant, manager, or person in charge of a building or part thereof used as a place of public assembly shall use such place of public assembly unless a current license therefor has been issued by the Fire Commissioner.
[Amended 4-20-2006 by Ord. No. 91-2006]
B. 
A public assembly license shall be valid for one year from its effective date.
C. 
The maximum number of occupants permitted within a place of public assembly shall be established by the Fire Commissioner pursuant to the State Code, shall be conspicuously posted in such place, and shall not be exceeded. It shall be the responsibility of the owner, tenant, manager, and person in charge of such place of public assembly to assure that the occupant load does not exceed the number established by the Fire Commissioner. No person shall fail to leave or fail to vacate any place of public assembly which exceeds the maximum occupant load, when instructed by the person in charge of such place. Fire Department personnel, and/or their authorized designees.
A. 
No place of public assembly, as defined in Subsection B of this section, shall be maintained, operated or used as such without a current license issued by the Fire Commissioner.
[Amended 4-20-2006 by Ord. No. 91-2006]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PLACE OF PUBLIC ASSEMBLY
Includes all buildings or portions of buildings used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes, the entire fire areas of which they are a part and the means of egress therefrom.
C. 
The provisions of this section shall not apply to a room or space in any residential building used for residential purposes only, excepting a community room in such building.
A. 
Application for the license required by § 93-1, or renewal thereof, shall be made by the owner or tenant of the place of public assembly on a form provided by the Fire Commissioner, which application shall contain such information as may be deemed necessary for public health, welfare and safety. Copies of the deed; lease, if any; and floor plan for the place of public assembly shall be submitted with the application. In addition, commencing January 1, 2007, for all original and renewal applications, the applicant shall obtain an electrical inspection and submit a certification from an electrical inspector designated by the City, certifying that the place of public assembly complies with then-current electrical codes. The applicant shall obtain an electrical reinspection and submit an electrical recertification prior to the end of each three-year period following submission of its original electrical certification. The cost of such electrical inspection and any subsequent reinspections required to certify electrical compliance shall be borne by the applicant.
[Amended 4-20-2006 by Ord. No. 91-2006]
B. 
The applicant shall request inspection and submit the application for approval to:
(1) 
The Fire Commissioner as to Fire Code requirements.[1]
[1]
Editor's Note: See Ch. 147, Fire Prevention.
(2) 
The Building Official as to Building Code and zoning requirements.[2]
[2]
Editor's Note: See Ch. 111, Building Construction, and Ch. 331, Zoning, respectively.
The fees for the licenses required by this article shall be as set forth in Chapter 133, Fees.
An application for renewal of a public assembly license shall be submitted at least 30 days prior to the expiration of such license and shall certify that no information submitted with the original application, including but not limited to the deed, lease, and floor plan, has changed since submission of such original application. In the event any of such information has changed, an application for a new public assembly license shall be required.
[Amended 4-20-2006 by Ord. No. 91-2006]
Licenses issued hereunder for places of public assembly may be revoked by the Fire Commissioner for noncompliance with the provisions of the Fire, Building, Zoning, Cabaret, and/or other City, County, and/or State Codes and Ordinances, and/or for failure to permit annual inspections and pay the fee therefor, following a noticed hearing before the Commissioner and a finding of such noncompliance and/or failure by the Commissioner. The Commissioner may designate a hearing officer for the hearing in which event the hearing officer shall make report and recommendation to the Commissioner within two business days of the date of the revocation hearing. The revocation hearing shall be held within three business days of mailing of notice thereof, by certified mail, return receipt requested, to the license holder, specifying the items of noncompliance and/or failure and a date, place and time for the hearing. The license shall be automatically suspended commencing on the date of mailing of the notice of revocation hearing until the date of the Commissioner's determination following the revocation hearing, which determination shall be issued within three business days of the date of the revocation hearing.
The fees provided by this article shall not apply to places of public assembly used for any charitable, educational or religious purposes.
[Amended 4-20-2006 by Ord. No. 91-2006]
An offense against the provisions of this article shall be punishable by a fine of not more than $2,500 or by imprisonment for not more than 15 days, or both, for each and every day of violation under this article.