N.Y.C. Admin. Code § FC 407: Section FC 407: Assembly Occupancies

407.1 General.

Group A occupancies and public gathering places, other than Group A occupancies operated or occupied exclusively for purposes of religious worship that have an occupant load less than two thousand, shall comply with the emergency preparedness requirements set forth in FC 401, 416 and this section. Such occupancies and places shall additionally comply with fire safety precautions required pursuant to FC 403.1.

407.2 Emergency preparedness in assembly occupancies with comprehensive fire safety/emergency action plans.

Group A occupancies required by FC 407.2.1 to have a comprehensive fire safety and emergency action plan shall comply with the emergency preparedness requirements of this section.

407.2.1 Comprehensive fire safety/emergency action plan (Level 1).

A comprehensive fire safety and emergency action plan in accordance with FC 401.4 shall be prepared for a Group A building with an occupancy of five thousand or more persons, or any other building or structure that houses one or more Group A occupancies where the combined occupancy of such Group A occupancies is five thousand or more persons.

407.2.2 Fire and life safety staff.

The comprehensive fire and emergency action plan required by FC 407.2.1 shall designate FLS staff consisting of an FLS director and such other FLS staff as the commissioner may prescribe by rule as appropriate for such building or occupancy. FLS staff shall be provided with initial and refresher FLS staff training in accordance with FC 401.4.5.2. The commissioner may prescribe by rule that there be present during regular business hours one or more members of the FLS staff who hold a certificate of fitness for place of assembly fire safety.

407.3 Emergency preparedness in assembly occupancies with fire and emergency preparedness plans.

Group A buildings or occupancies and public gathering places that are required by FC 407.3.1 to have a fire and emergency preparedness plan shall comply with the emergency preparedness requirements of this section.

407.3.1 Fire and emergency preparedness plan (Level 2).

A fire and emergency preparedness plan in accordance with FC 401.5 shall be prepared for a Group A building or occupancy or public gathering place not subject to FC 407.2 that:

1. is designed to be occupied by three hundred or more persons;

2. is provided with voice communication capability;

3. has a stage or in which entertainment or other activities that are the focus of attention are regularly conducted;

4. is occupied or designed to be occupied as a ballroom, dance hall or night club; or

5. is occupied or designed to be occupied as a bar, catering hall, restaurant or similar establishment, on one or more high-rise floors, including any rooftop area.

407.3.2 Fire and emergency preparedness staff.

The commissioner may prescribe by rule that in Group A buildings or occupancies and public gathering places that there be present during regular business hours one or more members of the FEP staff required pursuant to FC 401.5.5 who hold a certificate of fitness for place of assembly fire safety.

407.3.3 Assembly spaces without staff.

Halls or other assembly spaces that are rented or otherwise made available for events without dedicated staff, such as social halls in houses of worship and community organizations, are not required to prepare a fire and emergency preparedness plan pursuant to FC 407.3.1.

407.4 Seating plan.

A copy of the seating plan required for Group A occupancies by the Building Code shall be electronically submitted to the department prior to occupancy. A seating plan depicting the arrangement of seating in a place of assembly, location of aisles and such other information as may be required by rule shall be submitted in a manner prescribed by the department. A copy of the approved seating plan shall be maintained on the premises and made available for inspection by any department representative.

407.5 Limitations on standing in Group A occupancies and public gatherings.

Where the Building Code, certificate of occupancy or approved seating plan allows audience members to stand at performing arts or other indoor or outdoor events at which seating is provided for the audience, standing areas shall be maintained in accordance with FC 407.5.1 through 407.5.4.

407.5.1 Standing areas to be indicated.

The space to be occupied by standing audience members shall be separated from the space to be left clear for passage by a rope, tape or other thin material at a height of not less than 3 feet (914 mm) nor more than 4 feet (1219 mm) above the floor, supported by lightweight posts, all to be constructed and placed so as not to constitute an obstruction in case of panic or emergency. Such standing areas shall be clearly demarcated by durable markings on the floor indicating the boundaries of the standing area.

Exception: A single row of standees in an approved or other lawful area designated for such purpose in a performing arts theater, where the location for each such standee is durably marked in an approved manner.

407.5.2 Standing in aisles.

It shall be unlawful to stand, or allow any person to stand, in or at the head of an aisle.

407.5.3 Standing in passageways.

Standing is authorized in Group A occupancies and public gathering places in accordance with the following requirements.

1. If the passageway is more than 6 feet (1829 mm) and less than 16 feet (4877 mm) deep, persons may stand therein, provided an unobstructed passageway of at least 6 feet (1829 mm) in depth is left open, and there are no more than four rows of persons standing.

2. If the passageway is more than 16 feet (4877 mm) deep, any number of persons or rows of persons may stand therein, provided that an unobstructed passageway of at least 10 feet (3048 mm) in depth is left open.

3. In places of assembly having a passageway to the rear of the seats, 6 feet (1829 mm) or less in depth, and having in addition an outer passageway in the rear thereof, to which all aisle heads have straight and direct access, a maximum of two rows of persons may be permitted to stand in the passageway to the rear of such seats.

407.5.4 Standing in balconies.

Only one row of persons shall be allowed to stand in balconies.

407.6 Announcements.

In performing arts theaters or motion picture theaters, and in any other Group A occupancy in which there is a non-continuous performance or program, other than an occupancy regularly attended by the same audience, an audible announcement shall be made not more than 10 minutes prior to the start of each performance or program informing the occupants of the location of the exits to be used in the event of a fire or other emergency, provided, however, that in any theater the announcement may be projected upon a screen or other surface approved by the commissioner in a manner approved by the commissioner. Notwithstanding the foregoing, the commissioner may grant an exception from such requirement upon a determination that the occupancy has at least one exit clearly visible from every seat or standing area from which members of the audience are authorized to view the performance.

407.7 Trade shows.

The owner of any Group A occupancy wherein a trade show or other similar temporary exhibition is to be conducted shall, at least one month before the date of such exhibition, submit to the department a written notice and a plan containing the following information and such other information and documentation as the commissioner may prescribe:

1. The dates, times, location, and nature of the trade show or other exhibition, and whether the event will be open to the public or restricted to the trade.

2. The design and arrangement of the trade show or other exhibition, including aisles, display booths, decorations and drapes, and equipment using any hazardous material or open flame.