Theatre Catalog (1949-50)

means, bring a Standard Code any nearer. In some localities iwo different codes, a municipal one and 2 state, for example, may apply and overlap. On the other hand, there have been Some recent meetings of representatives of code-making bodies for the purpose of Standardizing codes. However, it will take years before the full effect of cooperation can be felt. A unified countrywide code would be most desirable. Construction would be standardized and stabilized. Architects would be able to develop uniform designs. Much waste would be eliminated and many economies effected. Methods of Adopting Codes Separate building codes written locally involve a long expensive process. It usually takes one or two years to write a new code. It is necessary then to publish the code in advance, hold public hearings, and so on. The cost usually runs into many thousands of dollars, and the results are often far from satisfactory. The more effective method is to adopt an existing code by reference. This means that the municipality passes a suitable ordinance under which, for example, the National Building Code of the National Board of Fire Underwriters becomes the code of the municipality. This code has been adopted by a large number of communities. Performance vs. Specifications Many of the older codes incorporate detailed specifications covering the types of material, thickness, etc. of such things as walls or enclosures. They may prescribe, for example, that only metal lath and plaster shall be used for a certain type of enclosure. The progressive code prescribes that the construction shall meet certain performance tests. The enclosure is required to be of such construction that it will, for example, resist passage of fire for one hour, or for four hours, but the material is not prescribed. This factor encourages the development of new and better materials and methods, and tends to avoid monopolies in materials or methods of construction. General vs. Specific Codes In writing a code, the problem arises as to the detail in which it is to be written. At one extreme is a code which endeayors to cover almost every variation and contingency. Every device and every detail of construction is set out, and there is little opportunity for modification or deviation. At the other extreme is a code which covers principles, and depends upon the enforcing authority for interpretation and modification. Somewhere between the two lies the happy medium, and the problem is to decide just where. _ In the Foreword to the National Buildmg Code there appears the following: In the preparation of this code the principle has been followed that . . . the requirements and restrictions relating to building construction should be stated in as broad terms as consistent with the aeeinment of public safety, . .. The code fate not attempt in most cases to dicate materials . .. but rather to specify Performance requirements.” 1949-50 THEATRE CATALOG The code writing authority must further decide the extent to which latitude may be granted in enforcement. If no flexibility is provided for, hardship results, and enforcement becomes difficult. If there is too much flexibility, obvious evils may result. Retroactive Provisions Newly adopted codes, as a rule, prescribe that certain provisions shall be retroactive, thus applying to all existing buildings, and that other provisions shall apply only to new construction. In a number of codes it is very difficult to determine just which sections apply to existing and which to new construction. The new New York State Code is written in two separate sections, one applying to existing and the other to new Places of Public Assembly. This is an ideal arrangement. Alterations, Additions, and Repairs Some codes permit existing structures to be operated as heretofore, but require that upon the making of extensive alterations or enlarging the capacity, the structure shall comply with the codes for new theatres. While this may involve hardship, it is necessary that existing structures, which violate the code, shall not enjoy perpetual immunity from code requirements. Enforcement Powers: Violations There are various plans for enforcement of codes. In the National Building Code, the Building Official is charged with enforcement of the code, including issuing permits, making inspections, removing illegal or unsafe conditions, and so on. Violation of provisions of the code constitutes a misdemeanor and is punishable by a fine of not less than $10 nor more than $100, or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. While codes usually provide certain penalties or fines, or for withdrawal of license to operate, in case of violation of the provisions of the code, there is an additional factor which is important to management. If an accident occurs in a theatre, due to a condition which is a violation of the applicable code, the violation may be an important factor in placing liability upon the operator for the results of the accident. At the same time, this further principle should be made very clear. In the case of operation of places of public assembly, unusual care is required. It is not sufficient to show mere compliance with the law or with the code. Unusual or extraordinary care, far beyond the requirements of the code, may be necessary in order to discharge responsibility and avoid liability. Board of Appeals There must be some mechanism providing for relief, in particular instances, from provisions of the code which involve undue and unnecessary hardship. Often the Building Official or other enforcement authority is given little or no discretion as to modifying the application of the code. As a typical arrangement we refer again to the code of the National Board of Fire Underwriters which provides for the appointment of a Board of Appeals, consisting of five members, who are qualified by experience and training to pass upon matters pertaining to building construction. Hearings of the Board shall be public. Any person may take an appeal to the Board of Appeals from any decision of the Building Official. The Board of Appeals may vary the application of any provision of the code. Appeals from the decisions of the Board of Appeals may be made by applying to the appropriate court. Overlapping of Functions In many communities there is an overlapping of functions of various departments. A theatre may be under the jurisdiction of the Building Department, the Fire Department, the Health Department, the Zoning Commission, and others. Unless there is co-operation among the departments concerned and a clear definition of authority, the property owner is seriously handicapped by numerous and conflicting orders. It is entirely within the rights of members of the community who are harmed by a situation such as this to bring it to light and use their efforts to remedy it, and this the local theatre group might well do. Safety of Theatres The modern motion picture theatre still carries much of the burden of the old legitimate theatre where highly inflammable scenery on the stage was actually a menace to the audience. Today, of course, in legitimate theatres, scenery, curtains, and draperies are effectively flameproofed, automatic sprinklers are installed throughout stage section, and there is an effective asbestos curtain. In the motion picture theatre there is a minimum of scenery and draperies, and these are required to be so flameproofed that spread of fire in them is not possible. The projection room or booth is so constructed that a film fire can completely burn itself out in the booth with practically no probability that it will spread beyond the booth. With the advent of safety film, the fire hazard will be eliminated. A motion picture theatre building contains proportionately less combustible material than almost any other type of building. We can think of few types of occupancy where there are fewer inherent causes of fire, and yet there is no other type of business which is so closely regulated by law, and subject to such constant inspection and supervision by various authorities. It is, nonetheless, true that a person is safer in a theatre than in almost any other pursuit of life; certainly far safer than he is in his home, in his automobile, on the highway or in many other activities. Exit Width Several codes provide for 22 inches of exit width per 100 persons and are based upon the following facts: The width required for a single file of persons to move freely is 22 inches. Such a file can readily pass any given point, such as a doorway, at the rate of one