BY-LAW NUMBER.: OF THE CITY OF SARNIA-CLEARWATER. "A By-Law to provide for the Licensing and Regulation of Public Halls"

Transcription

1 BY-LAW NUMBER.: OF THE CITY OF SARNIA-CLEARWATER "A By-Law to provide for the Licensing and Regulation of Public Halls" WHEREAS The Public Halls Act provides that no public hall shall be offered for use or used as a place of public assembly unless the owner thereof holds a licence therefor from the City, Town, Village or Township in which it is located; AND WHEREAS the Municipal Act provides that the Council of a Town, Township or village and of a city having a population of less than 100,000 may by by-law regulate and license, subject to the provisions of The Theatres Act, exhibitions held for hire or gain, theatres, music halls, bowling alleys, moving picture shows, public halls and all 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 highway to be named in the by-law and for revoking any licence granted; NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia-Clearwater enacts as follows: 1. In this By-Law: (a) "Building" means a structure occupying an area greater than 1:0 square meters (107 square feet) consisting of a wall, roof and floor, or anyone or more of them, or a structural system serving the function thereof, including all the works, fixtures and service systems appurtenant thereto.

2 - 2 - "Chief of Police" means the Chief of the Police Department of the City of Sarnia-Clearwater; "city" means the City of Sarnia-Clearwater and its successor; (d) "Clerk" means the Clerk of The corporation of the city of Sarnia-Clearwater; (e) "Fire Chief" means the Chief of the Fire Department of the city of Sarnia-Clearwater or a designated Fire Prevention Officer; (f) "Inspector" means the Chief Building Official, any Building Inspector, Development Enforcement Officer or By-Law Enforcement Officer of the city of Sarnia-Clearwater, and includes any Police Officer, Fire Chief, Deputy Fire Chief and Fire Prevention Officer, or any Inspector of the Lambton Health Unit; (g) "ontario Building Code" means the regulation made under the Building Code Act, R.S.O. 1980, c.4l. (h) "ontario Fire Code" means the regulation made under the Fire Marshall's Act, R.S.O. 1980, c.166. (i) "Owner" means a person who has in respect of premises an estate for life or a greater estate, legal or equitable, or a leasehold estate; (j) "Public Hall" means building, including a portable building, an air supported structure, or a tent with a seating capacity of over sixty (60) persons that is offered for use or used as a place of public assembly, and

3 I includes a theatre within the meaning of the Theatres Act, but does not include a building, except a tent, used solely for religious purposes, or premises of any school board so long as the same are being used for purposes authorized by the Education Act, R.S.O. 1980, as amended, and Regulations made thereunder. 2. (a) 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 Clerk of this municipality for which the fees payable shall be as established by by-law annually for the following categories; Grade 1 - For a hall having a licensed capacity of 1,000 persons or over. Grade 2 - For a hall having a licensed capacity of between 999 and 601 persons. Grade 3 - For a hall having a licensed capacity of between 600 and 60 persons. Upon application to the Clerk and payment of a fee of $5.00, a public hall licence may be transferred.

4 Every application for a public hall licence or for renewal or transfer thereof shall be in the form annexed hereto as Schedule "A" giving such particulars as to the location, size and construction of the hall, together with a plan of the proposed seating arrangement and together with: (a) a certificate or letter 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; a certificate or letter signed by the Chief of Police 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 building or part thereof as a public hall and with the proposed methods of operations; a certificate or letter dated within three months of the application signed by the local inspector of ontario Hydro certifying that the electric wiring of the proposed public hall, and also of any other parts of the building containing the public hall which are not part of the public hall, has been inspected and found satisfactory; (d) a certificate or letter from the Lambton Health unit certifying that the kitchens and other areas and facilities used for the preparation of food and the washrooms within the public hall are found satisfactory; and

5 - 5 - (e) a certificate or letter from the Commissioner of Planning and Development of the city certifying that the building or part thereof proposed to be used as a public hall may be so used in accordance with the applicable Zoning By-Law of the City of Sarnia-Clearwater, as amended, or its successor, in cases where such building or part thereof is not being used as a public hall at the time of application for a public hall licence under this By-Law. Provided that completion of the appropriate part or parts of the said form will be accepted in satisfaction of the equivalent clause (a) to (d), or any of them: and further provided that clause (e) need only be complied with on a new application for a licence under this By-Law and need not be complied with on a renewal or transfer of a licence under this By-Law; and further provided that if a transfer is applied for within six (6) months of the issue of a licence, the requirements of clauses (a) to (d) need not be complied with. 5. A public hall licence issued under this By-Law shall be in the form annexed hereto as Schedule "B" and is issued subject to the following conditions: (a) an Inspector may enter the public hall at all reasonable times in order to inspect such public hall and to enforce the provisions of this By-Law:

6 (a) Prior to the issuance of a licence to operate as a Public Hall, any Public Hall must comply with the relevant provisions of the ontario Fire Code and the ontario Building Code in force from time to time and, in particular, without limiting the generality of the foregoing, must comply with the health and fire safety standards generally, and for assembly occupancy, including with respect to such items as occupant load, seating, exits, fire exits, fire resistance and separations, emergency lighting, flame spread ratings and interior finishes, and any other provision in the Regulations which may be applicable from time to time. 8. (a) The licensee of a public hall shall ensure that (i) all exits from the hall are ready for immediate use before admitting members of the public, (ii) all obstructions, including accumulations of ice and snow, are removed from all exit ways and fire escapes prior to admitting members of the public. 9. (a) Rugs, carpets or other floor coverings shall be secured and maintained so that they will not wrinkle, or so that they will not in any way impede egress.

7 - 6 - an Inspector may, at any time, order the evacuation of a public hall when the occupants of the public hall are endangered by a hazardous condition, and the Inspector may enter the hall at any time in order to ascertain such condition; the municipality may revoke the licence granted for any public hall whose owner or licensee does not comply with clauses (a) and of this section. 6. (a) The licensee of a public hall shall not permit a greater number of persons to enter or be in the hall at anyone time than the stated maximum capacity on the licence, which maximum capacity shall be determined by the occupant load specified pursuant to the ontario Building Code. The owner of every public hall shall display in a prominent place in the entranceway to the public hall and inside the wall adjacent to the entranceway placards with the following wording in letters not less than fifty (50) millimeters (two (2) 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 specified by the ontario Building Code 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.

8 - 8 - Mats located at the entrance of the public hall shall be flush with the floor or have chamfered or bevelled edges. No obstruction shall be located in or adjacent to the path of exit travel. (d) curtains or drapes shall not be hung over any exit door except that such drapes may be permitted by the authority having jurisdiction provided that they: (i) (ii) are centre parted, do not obscure any exit sign, and (iii) (a) are of non-combustible fabric, or have been rendered flame retardant and are maintained in that state. 10. (a) Exit signs shall be placed over each exit from a public hall. Required exit signs shall: (i) ( ii) ( iii) be visible from the exit approach, be illuminated continuously, and be connected to an individual circuit used for no other purpose. Exit signs shall have the word "EXIT" displayed in plain legible letters and shall in all respects comply with the ontario Building Code. 11. (a) Every stairway, passageway and existing fire escape shall be well lighted whenever the public hall is in use, and all electric light fixtures within seven feet (7') of the floor level shall be protected with suitable guards to prevent breakage or removal.

9 - 9 - Light fixtures over fire escapes shall be suitably protected against breakage. 12. (a) False doors, windows, or any type of decoration which give the appearance of a door or exit where no door or exit exists shall not be permitted except that this shall not prohibit the use of doors or windows forming part of stage properties. No mirrors shall be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. 13. (a) Decorations, curtains and stage properties of cloth, paper or other flammable material shall not be permitted in a public hall unless treated with a flame-retardant and re-treated at least once in every year. Flammable decorations, notwithstanding they are flame-retardant treated, shall not be placed on an electric fixture or within three feet of an electric bulb, stove or heating appliance of the pipes in connection therewith. 14. (a) Where, in the opinion of the Fire Chief, a hazardous situation would be created if smoking were permitted in a public hall or any part thereof, or where required by other by-laws of the City, "NO SMOKING" signs shall be posted in the hall or portion thereof and there shall be no smoking in such hall or portion thereof.

10 In 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 Fire Chief. 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 public hall without the written permission of the Fire Chief. 15. (a) Every year on or before the 30th of september and before using the heating equipment every public 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 and shall provide proof of same to any Inspector if requested to do so. 16. (a) Every public hall shall be provided with first aid kits and fire extinguishers in accordance with the ontario Fire Code. The Fire Chief may require the installation of an automatic sprinkler system in a building of combustible construction exceeding two (2) storeys in height containing a public hall. Every fire extinguisher and other fire fighting appliance in a public hall and in a building containing a public hall shall be maintained in good operating condition and regularly inspected as required by the Fire Prevention Officer.

11 (d) No fire extinguisher shall be installed in a public hall unless it bears the approval label of the Underwriters' Laboratories of Canada and has been tagged when last inspected. 17. (a) The electrical system in a tent or air supported structure shall be maintained and operated in a safe manner; Portable electrical systems shall be inspected by ontario Hydro and defects shall be corrected before the tent or air supported structure is occupied by the public; The electrical system, equipment, fuses and switches shall be inaccessible to the public and cables on the ground in areas used by the public hall shall be placed in trenches or protected as required by ontario Hydro. 18. The Licensee (a) shall ensure that ushers and other staff have received instruction in the use of the fire fighting equipment provided in the public hall immediately on commencing employment and every year on or before the 30th of September; before being issued a public hall licence under this By-Law or before a renewal of a licence or a transfer of a licence is granted, shall prepare a fire safety plan for the public hall and shall include the procedures for sounding the fire alarm, notifying the fire department, the evacuation of the occupants, and confining, controlling and extinguishing the fire; a copy to be provided annually to the Fire Chief for his approval; and

12 shall provide instruction to the staff outlining their responsibilities under the fire safety plan immediately on commencing employment and every year on or before the 30th of September and shall provide evidence of same to any Inspector if requested. 19. Every person who contravenes any of the provisions of this By-Law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, the Public Halls Act and the Theatres Act as applicable. 20. Where a public hall licensee is convicted of an offence under this By-Law the licence shall be suspended forthwith and shall not be reinstated until the Police Chief or the Fire Chief certifies in writing that the conditions resulting in the charge and conviction comply with this By-Law. 21. In the event of any differences between the provisions of this By-Law and the applicable provisions of the Building Code or Fire Code, the provisions of the Building and Fire Codes prevail. 22. By-Law Number 2599 of the city of Sarnia and all amendments thereto are repealed. This By-Law supercedes any corresponding By-Laws of the former city of Sarnia or former Town of Clearwater which, through inadvertence, may not have been repealed.

13 r The short title of this By-Law is the "Public Halls By-Law". 24. This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this e 1\\ day ofd AN v Af1' 199 I. ~. Clerk

14 SCHEDULE "A" OF BY-l!AW 27 of 1991 EXPIRE ON DECEMBER 31st IN EACH YEAR APPLICATION FOR MUNICIPAL LICENCE Under the terms of the by-laws of the City of Sarnia-Clearwater FOR: public HALL COST: will observe allreglliations as provided in By-law, mounted on Wall Finish, Dancing Address of Applicant Approved: / sanitary Inspector of the Lambton Health unit siganture of Commissioner of Planning & Development of Fire Chief / Signature of Chief of Police Approved:~ ~ ~~~~~~~ -= ~_ signature of Ontario Hydro Inspector Signature of Applicant: NOTE: If your establishment has not been inspected by March 31st, please contact the above inspectors and have the necessary inspections arranged. information on this form is collected under the authority of section 28(2) of The Municipal Freedom of Information and Protection of Privacy Act, 1989, and will be used for licensing purposes including enforcement of the city's Licensing By-Law. Any questions about the collection of this information may be addressed to the Director of Administrative Services and Licensing, city Hall, 255 N. Christina Street, sarnia-clearwater, ontario, For Office Use Only TYPE OF LICENCE NUMBER / DATE ETAFF

15 . ~... :"; SCHEDULE "B'o OF BY-LAW 27 6jj *... ~...,.., If ~~~~~); ,...."" CITY OF SARMA-CLEARWATER LICENSE N Know Ye that this License is granted to. to enable him to use and exercise the calling and business of in the City of Sarnia-Clearwater, until the 31st day of December, 1991 Provided the said.. shall observe all such rules and regulations as are or may be adopted by the Municipality of the said City of Sarnia-Clearwater, fur the guidance of Dealers in afurementioned calling and business. Issued CITY CLERK per TM HoIMr 01 This u.:... Is BoWld /0 Ezhibll!be Some OD lbe _bie 1Ieq_ 01 AD.Y-~ HIm /0 Do So. ~,~...

16 BY-LAW NUMBER ~ OF 1991 OF THE CITY OF SARNIA-CLEARWATER "A By-Law to provide for the Licensing and Regulation of.public Halls" READINGS: FIRST: ~!laa.y 8"'«197 1 SECOND: JIINlJiAILV8e::. I'lf/ THIRD: JA"'~AAY THE CORPORATION OF THE OF SARNIA-CLEARWATER Legal Services City Hall Sarnia, ontario N7T 7N2 CITY (VRM:be)