N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-1.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 36-1.4 - Definitions

(a) As used herein the following terms mean:

(1) Approved. In compliance with a subsisting resolution of approval adopted by the board.

(2) Assembly. The people occupying a place of public assembly.

(3) Assembly hall. Any building or part of a building used or designed as as a place of public assembly other than a theatre.

(4) Auditorium. That portion of a building occupied by an audience or gathering of persons.

(5) Balcony. The first seating tier above the main floor. (Also means the open air portion of a horizontal exit--see definition, horizontal exit, paragraph [27] of this subdivision.)

(6) Board. The Board of Standards and Appeals of the State of New York.

(7) Capacity. In respect to a place of public assembly, means the maximum number of persons who may lawfully assemble therein.

(8) Commissioner. The Industrial Commissioner of the State of New York.

(9) Court. An unoccupied, unobstructed space, open for its entire area to the sky and maintained at all times available as an escape route from the place of public assembly.

(10) Enforcing authority. The official charged in a specific case with the enforcement of this Part pursuant to section 472 of the Labor Law.

(11) Existing. Constructed as, or converted to, a place of public assembly prior to July 1, 1957.

(12) Exit. Any means of egress from a room, tier, building or other occupied area.

(13) Exit door. A door installed in an exitway.

(14) Exitway. A complete way of passage from an exit to a public street, road or other acceptable open area. It includes all doorways, stairways, hallways, passageways and courts which occur in its course.

(15) Fire door. An approved fire-resistive door together with its frame and hardware.

(16) Fireproof and fire-resisting construction. (As applied to buildings.) Construction prescribed as fireproof or fire-resisting by Industrial Code Part 7 relating to fire-resistive construction.

(17) Fire-resistance. A term referring to the degree of resistance to the passage of fire or heat, or to their effects, provided by various materials and methods of construction as determined and set forth in Industrial Code Part 7 and expressed in units of time.

(18) Fire wall. A wall which complies with the requirements for a fire wall of Industrial Code Part 7.

(19) Fire window. A stationary or self-closing window which has a fire-resistance rating of at least three quarters of an hour approved in accordance with the requirements of Industrial Code Part 7. Where moving sash is used, such window shall close automatically by the action of a heat-actuated device or other approved means of effecting closure.

(20) Flammable. As applied to solids, materials which will ignite and continue to burn when brought in contact for a short time with an open flame such as a match flame or when in contact with glowing materials. As applied to liquids, any liquid having a flash point less than 200 degrees Fahrenheit.

(21) Foyer. The area open to the public between the lobby and the auditorium.

(22) Gallery. Any seating tier above the balcony.

(23) Grade. The ground surface, however finished, adjacent to an exterior doorway.

(24) Headroom. Clear space measured vertically from walking surfaces.

(25) Hallway. An enclosed corridor leading to a required exit.

(26) Hereafter. On or after July 1, 1957.

(27) Horizontal exit. A way of egress from one separate floor area to another on substantially the same level, through or around separating fire walls, exterior walls or party walls by means of protected doorways or exterior balconies or bridges.

(28) Incombustible material. Any material which will not ignite nor actively support combustion during an exposure of not less than five minutes to a temperature of 1200 degrees Fahrenheit.

(29) Kitchen or service pantry. An area or space in which cooking equipment, other than hot plates, coffee urns, toasters and similar equipment is used.

(30) Lobby. An enclosed area or space directly accessible from the main entrance or main entrance vestibule.

(31) Main floor. That which is directly entered upon through the main or principal entrance to the place of assembly.

(32) Motion picture house. A theatre used primarily for the showing of motion pictures.

(33) New. Constructed or converted to public assembly use on or after July 1, 1957.

(34) Passageway. An enclosed corridor connecting a required exit with a street or with an open area affording unobstructed passage to a street, but shall not include a lobby.

(35) Proscenium wall. The wall separating the auditorium from the stage and including the stage opening.

(36) Public assembly building. A building containing a place of public assembly.

(37) Public way. A street, a road or an open space not less than 15 feet wide, leading to a street or road.

(38) Shaft. Includes all stairway, elevator and dumbwaiter shafts, vent and light shafts, pipe and duct shafts, hoistways and all other vertical openings leading from one floor to another.

(39) Stadium-type. A seating arrangement where the rows of seats are on steps extending upward from the floor of the auditorium with no other tier beneath them.

(40) Stage. A permanent raised platform designed and used for presenting theatrical or operatic performances involving changes of scenery in the course of a performance.

(41) Street. A street, road or public highway.

(42) Temporary. (As applied to structures.) A structure which is not intended for over 21 consecutive days use in any one location.

(43) Theatre. A building or part of a building used for public presentation of theatrical, operatic, motion picture or similar performances or exhibitions.

(44) Tier. The main floor, mezzanine, loge, balcony, gallery or other similar level in the auditorium on which seats are provided for the audience.

(45) Wood frame building. A building in which the structural parts and materials are principally of wood, or other combustible materials, or are dependent upon a wood frame for support, including construction having an incombustible veneer or an incombustible covering.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-1.4