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  • Subpart 45-5

Subpart 45-5

VIEWING STANDS AND TENTS

Sec.

45-5.1

Application

45-5.2

Exceptions

45-5.3

General requirements

45-5.4

Definitions

45-5.5

Approval of plans

45-5.6

Viewing stands

45-5.7

Tents

 

Historical Note: Subpart (§§45-5.1 – 45-5.7) filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-5.1 Application.

The provisions of this Subpart apply to viewing stands and tents at carnivals, fairs and amusement parks in New York State where an admission or fee is customarily or usually charged and to the managers of such devices, to the persons employed in connection with the same and to their employees.

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-5.2 Exceptions.

This Subpart shall not apply to the use of a viewing stand or tent on any state or county owned fairgrounds or to the use of a viewing stand or tent owned, leased or operated by any bona fide religious, charitable, educational, fraternal, service, veteran or volunteer firemen organization; except that it shall apply to any private owner or lessee who operates an amusement device, viewing stand or tent on a state or county fairground, or for or on behalf of such organization.

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-5.3 General requirements.

In addition to the special requirements of this Subpart, all applicable provisions of Subpart 45-1 of this Part shall be complied with by the owner of the viewing stand or tent.

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

§ 45-5.4 Definitions.

In addition to the definitions in section 45-1.3 of this Part:

(a) Viewing stand means a bleacher, grandstand or similar structure used at carnivals, fairs and amusement parks for public occupation, which is of such nature that accidental personal injuries may be incurred in its assembly, disassembly or use.

(b) Permanent stand means a viewing stand that is erected to remain a lasting part of the premises.

(c) Temporary stand means a viewing stand that is designed to be relocated from time to time with or without disassembly.

(d) Tent means a tent which has a capacity of 300 or more persons and which is used at carnivals, fairs and amusement parks.

(e) Permanent tent means a tent that is erected to remain a lasting part of the premises.

(f) Temporary tent means a tent that is regularly relocated from time to time.

(g) NFPA means the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269-9101.

 

 

§ 45-5.5 Approval of plans.

(a) Plans for temporary viewing stands having a capacity of 100 or more persons and temporary tents having a capacity of 300 or more persons shall be approved prior to their use in New York State. Approvals shall be valid for not more than three years from the date of issuance. Such plans shall be submitted for approval to the commissioner at least 60 days prior to their first use in New York State. The operator shall have available for review by the commissioner an original copy of the current approval and plans.

(b) Plans for permanent viewing stands having a capacity of 100 or more and permanent tents having a capacity of 300 or more shall be approved prior to their use in New York State. Such plans shall be submitted for approval to the commissioner at least 60 days prior to their use in New York State.

(c) Plans and specifications for approval must be prepared by a New York State licensed professional engineer or New York State registered architect. Plans must be drawn to scale, in English units and shall include a plot plan showing the location of the lot, the viewing stand(s) and tent(s), the relation to grade, adjoining streets, courts, alleys or buildings, the north point, the proposed construction and the location of existing and proposed exits and exit discharge.

(d) With such plans there must also be submitted a statement signed by the New York State licensed professional engineer or New York State registered architect, to the effect that such measurements, observations, calculations and tests have been made as necessary to determine the bearing power of the soil and the safe live, dead, snow, and wind load for all structural members, and that the plans and specifications have been prepared in accordance therewith. Copies of computations, when requested, must also be provided.

 

Historical Note:    Sec. filed Aug. 11, 1994; amd. filed June 13, 2000 eff. Oct. 27, 2000. Amended (a).

 

§ 45-5.6 Viewing Stands.

(a) Capacity. The capacity of viewing stands shall be the sum of the capacities listed below which are pertinent.

(1) Seats secured or designed to be secured to the floor – total of all.

(2) Benches or bleachers – 18 inches of bench or bleacher length shall constitute one person unless arms are used between seats, in which case paragraph (1) of this subdivision shall apply.

(3) Portable seats – one person per each six square feet of horizontal surface area.

(4) Standing room – one person per each three square feet of horizontal surface area designated for such use.

(b) Exits. (1) When the viewing stands are located in tents, the provisions of section 45-5.7(d) of this Subpart shall apply.

(2) The distance of travel from any seat to a public way, an open field, or other adequate open space, shall not exceed 150 feet in open air locations of viewing stands.  Open air locations are those locations where the viewing stand is not in a tent or an entirely enclosed building.

(3) The capacity of doorways, gateways, corridors, passageways, ramps and stairways in open air viewing stands shall be at the rate of 50 persons per 12 inches of clear width. The minimum width of any doorway or gateway used by the public shall be three feet, and of any corridor, passageway, ramp, or stairway, four feet (for a capacity of 150 and 200 persons respectively). Every such means of exit shall be increased in width cumulatively towards the outside exit doorways or gateways so that a clear width will be provided at the rate of twelve inches for each 50 persons served.

(4) Stairways in open air viewing stands are not required to be enclosed.

(5) Every crossaisle, corridor, passageway, ramp or stairway shall lead to or be directly connected with an outside exit doorway or gateway on the main exit level, or with an open field or other adequate open space leading to an outside exit.

(6) No turnstiles are permitted in any required means of egress.

(c) Design, construction and maintenance. (1) Viewing stands shall be designed, constructed and maintained to support a uniformly distributed live load of not less than 100 pounds per square foot of gross horizontal projection of the viewing stand in addition to their own weight. All seats and footboard members shall be designed for live loads of not less than 120 pounds per linear foot.

(2) Viewing stands shall be designed, constructed and maintained to resist, with or without live load, a horizontal wind load of 30 pounds per square foot of all vertical projections of the stand.

(3) Viewing stands shall be designed, constructed and maintained to resist a horizontal swaying force applied to the seats in a direction parallel to the length of the seats, of 24 pounds per linear foot of seats, and in a direction perpendicular to the length of the seats, of 10 pounds per linear foot of seats.

(d) Limit on combustible construction. (1) Any viewing stand of wood frame construction located in the open air shall be separated from other structures of combustible construction by an open space at least 15 feet wide.

(2) No permanent viewing stand of wood frame construction shall have more than one tier of seats.

(3) The highest level of any seating in a viewing stand of wood frame construction shall not exceed 12 feet above the ground or other surface below it if such viewing stand is within a tent, nor 20 feet above the ground or other surface below it if such viewing stand is otherwise located.

(4) If the space beneath any viewing stand is used for any purpose except exitways, the portion of the space so used shall be fully enclosed by ceilings and partitions having a fire-resistance rating of at least one hour.

(e) Openings in floor or seating space. Openings in the floor or seating space of any permanent open air place of public assembly which exceed one-half inch in any dimension, and which are above any space occupied by the public, shall have thereunder a protective guard of one-half inch wire mesh.

(f) Seating. (1) In permanent viewing stands every seat shall be fastened securely in places except in boxes containing not more than 16 portable seats or chairs.

(2) Permanently fixed seats in a viewing stand shall not exceed 20 in any row between aisles, nor 10 in any row between an aisle and a railing or wall.

(3) Seats not permanently fixed in a viewing stand shall be used only when arranged in rigid units of five or more and secured against displacement. Such seats shall not exceed 15 in any row between aisles nor 10 in any row between an aisle and a railing or wall.

(4) Step-type continuous seats with or without backs shall not exceed 30 in any row between aisles nor 15 between an aisle and a railing or wall.

(5) In a viewing stand of wood frame construction, step-type continuous seats with or without backs shall not exceed 20 in any row between aisles nor 10 between an aisle and a railing or wall.

(6) Rows of seats with backs shall be at least 27 inches back to back, if without backs, 22 inches. Clearance between the back of one row and the front of the row behind it shall be at least 12 inches.

(g) Aisles and crossaisles.  (1) The minimum width of longitudinal aisles with seats on both sides shall be 36 inches and with seats on one side only, 30 inches. Such widths shall be considered as having capacities of 150 and 125 persons, respectively. Every such aisle having an exit at only one end shall be increased in width toward the exit to provide a clear width of at least

12 inches for each 50 persons served. When a means of exit is provided at both ends, such aisles may be of average required width throughout subject to the required minimum width. The minimum width of crossaisles shall be 36 inches and in no case less than 12 inches for each 50 persons served.

(2) The number of rows of seats between crossaisles shall not exceed 20 for the first or a single bank of seats, nor 15 for the second bank.  When there is only one crossaisle above or below a bank of seats the number of rows of seats exiting to such crossaisle shall not exceed 15 for any first or single bank, nor 10 for the second bank. No crossaisles shall be required between rows of seats located between an aisle and a railing or wall.

(3) Boxes do not constitute banks of seats but their capacity shall be included in the calculation of aisle and exit widths. Boxes shall have direct access to a crossaisle.

(4) The distance between exits from a crossaisle shall not exceed 100 feet, except that where the length of a crossaisle does not exceed 50 feet it may be served by only one exit.

(5) No step is permitted in any crossaisle.

(6) Steps in longitudinal aisles shall be the full width of the aisle. Treads and risers shall be uniform and treads shall be a minimum of 9 ½ inches in width and risers shall be a maximum of 7 ¾  inches in height.

(7) Aisles shall be used only for passage to and from seats, and shall be kept unobstructed.

(h) Railings. Every floor level, seat platform, bleacher set, deck, stairway, ramp, or aisle which is more than two feet above the adjacent ground or floor level, shall have at all open sides or sections thereof a protective railing or guard at least 36 inches high.

 

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

§ 45-5.7 Tents.

(a) Flame resistance. (1) The public shall not be admitted to any tent, nor shall animals be stabled in any tent until the material of the tent has met the requirements for flame resistance set forth in this subdivision.

(2) All tent fabric shall meet the requirements for flame resistance of the small-scale test contained in Chapters 1-4 of NFPA 701, “Standard Methods of Fire Tests for Flame-Resistant Textiles and Films, 1989 edition”, which was prepared by the Technical Committee on Fire Tests and published by the National Fire Protection Association (NFPA) on August 7, 1989. The publication may be obtained from NFPA, Batterymarch Park, Quincy, Massachusetts 02269, or the document may be inspected and copies at the New York State Department of Labor, Building #12, State Office Campus, Albany, New York, the New York State Department of State, 41 State Street, Albany, New York, the New York State Legislative Library, Albany, New York or at any designated New York State supreme Court Library.

(3) Written evidence of approval by a nationally recognized testing laboratory that the material of the tent complies with the above standard may be accepted by the commissioner as evidence of proper treatment for 12 months after such approval was granted.

(4) In the absence of the approval required by paragraph (3) of this subdivision, or at the direction of the commissioner, a field test of the flame resistance shall be conducted as follows. Two dry test specimens a minimum of 1 1/2 inches wide and four inches long shall be cut at random from the top or side wall sections of the tent or a test clamp may be used at an edge or slit in the tent itself. The two test specimens or sections shall be held with the long axis vertical and an open flame shall be applied to the center of the bottom edge for 12 seconds. The test specimen or section shall not flame for more than two seconds after the flame is removed; the average length of char shall not exceed the length of the specimen or more than four inches for test strips.

(b) Tent pole support. (1) The center poles of every tent over 250 feet long and 125 feet wide or having over four center poles, shall be guyed with wire rope.

(2) Tent poles and their supports shall be of sufficient strength to withstand a wind pressure or suction of 10 pounds per square foot of tent surface and to resist a wind pressure of 20 pounds per square foot of projected area of tent.

(c) Tent capacity. The capacity of tents shall be the sum of the capacities as figured by section 45-5.6(a) of this Subpart. The capacity of tents without fixed seating used for exhibits and social gatherings shall be one person per 10 square feet of floor space designated for such use.

(d) Means of egress. (1) Aisles and crossaisles.  Aisles and crossaisles within the seating portion of the viewing stand as specified in section 45-5.6(g) at this Subpart shall be provided. Aisles within tents not on the seating portion of the viewing stands shall be five feet wide.

(2) Number of exits. Tents with a capacity of 600 or less shall have at least two exits, tents with a capacity of 601 to 1,000 shall have at least three exits; and tents with a capacity of more than 1,000 shall have at least four exits.

(3) Location of exits. The main entrance may be counted as one of the exits. The others shall be in the side walls spaced as uniformly as possible.

(4) Size of exits. Exits shall be maintained at least six feet wide to a height of seven feet above the ground. An attendant shall be placed at each sidewall exit while the tent is being used to see that the required width and height of exit is unobstructed.

(5) Exit signs.

(i) Location. An exit sign shall be provided over each opening to be used as an exit. If these signs are not readily visible in the normal path of approach, exit directional signs shall also be provided.

(ii) Legend requirements. Exit signs shall be worded in plainly legible block letters with the word EXIT for exit signs and the word EXIT with a suitable pointer or arrow indicating the direction of exit. Letters for signs shall not be less than six inches high with three-quarter inch wide strokes.

(iii) Illumination. Every exit and exit directional sign shall be illuminated so that it is readily discernible to the occupants at all times. The emergency lighting system as required by subdivision (e) of this section shall illuminate the exit and exit directional signs.

(e) Emergency lighting. An emergency lighting system conforming to the requirements of Part 1032 of Title 9 NYCRR, “Emergency Power and Lighting”, of the New York State Uniform Fire Prevention and Building Code, effective January 1, 1984, shall be provided.

(f) Spot or effect lighting. When spot or effect lights are within six feet of any combustible material other than tent poles, such material shall be protected by incombustible nonconductive material at least one-quarter inch thick.

(g) Combustible materials. No hay, straw, shavings or similar combustible materials other than that necessary for the daily feeding and care of animals shall be permitted within any tent, except that sawdust or shavings may be used if kept damp.

(h) Smoking. Smoking shall be prohibited in any tent. This requirement shall be announced to the audience before and at least once during any meeting or performance. Signs with three inch high block letters reading “No Smoking” shall be conspicuously posted at all entrances and at frequent intervals in view of the audience.

(i) Cooking and open flames. Cooking and open flames shall be prohibited in any tent.

(j) Fire extinguishers. (1) Every tent having over 1,000 square feet of ground area, shall have conspicuously placed therein, at least one approved 15 pound A,B,C, or equivalent type fire extinguisher.

(2) Additional extinguishers of the same type shall be provided at the rate of one for each 2,000 square feet of ground area over 1,000 square feet within such tent.

(k) Motion picture film. Nitrocellulose film shall not be used.

Historical Note: Sec. filed Aug. 11, 1994 eff. Jan. 1, 1995.

 

 

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