Ordinance No. 35•
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ORDINANCE N0. 3S
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS FOR
PUBLIC HOUSES OF AMUSEMENT IN THE CITY OF BAYTOWN;
CONTAINING A SEVERABILITY CLAUSE; REPEALING ORDINANCES
IN CONFLICT THEREWITH; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE AND IN ADDITION TO ALL OTHER OR-
DINANCES OF THE CITY OF BAYTOWN RELATING TO FIRE PRE-
VENTION AND THE CONSTRUCTION, MAINTENANCE AND INSPECTION
OF BUILDINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Application of ordinance. All buildings constructed, fitted and
equipped for the purpose of theaters, commonly called "theaters ", motion picture
theaters, opera houses, play houses, or by whatever name designated, which are
and shall hereafter be used for public performances, the production and exhibition
of motion pictures, plays, dramas, operas, or other shows of whatever nature, to
which admission fees are charged, are hereby declared to be public houses of amuse-
ment, and the same shall be subject to the hereinafter mentioned rules and regu-
lations. Any such public house of amusement-shall hereafter be referred to as a
"theater."
Section 2: Provisions for motion picture theaters. No motion picture machine
or device shall at any time be operated in any building or enclosure, nor shall
the public be admitted to the audience room in which such motion picture exhibition
is to be given, until the installation of such machine or device and the arrange-
ment of such audience room and its accessories have been made to fully conform to
,all of the provisions and requirements of the rules and regulations hereinafter
specified:
(1) Every motion picture machine or device,must, before being operated,
be installed in a room, compartment, booth or enclosure constructed entirely of
fire resistive material which may include only brick, tile, concrete, expanded
metal lath and plaster,,
(2) The booth must be securely anchored, constructed, or fastened so
as to prevent dislodgement in case of panic.
construction.
The booth support must be of fireproof
(3) Each room, compartment, booth or enclosure in which a motion pic-
ture machine or device is installed must be not less than seven (7) feet in height,
with an area of floor space varying in accordance with the number of machines or
devices installed in such booths, computed on the basis of twenty -four (24) square
feet of floor space to each machine. If it is planned to install sound equipment
or spot lights in the booth, additional floor space shall be provided* In no case
shall the floor space of the booth be lessen6d in order to accommodate such room.
(4) A metal lath and plaster booth frame shall be constructed as follows:
Four horizontal members at top and bottom; four corner uprights; intermediate up-
rights on sides and intermediate members in ceiling spaced on 14" centers* All mem-
bers shall be of steel. Intermediate uprights and intermediate members in ceiling
shall be of sufficient width to permit an air space of three inches between the
outer and inner wall covering (metal lath and plaster) which shall be securely fas-
tened to structural members. The inner and outer walls shall be of expanded metal
lath and three coats of plaster well proportioned with cement, approximately 1j
shovels to the bag of plaster* Plaster shall be one inch thick. Flooring: Shall
be reinforced concrete at least two inches thick.
(5) Booth shall be constructed upon steel carriage of sufficient load -
carrying strength to properly support the booth and equipment. All port and lookout
openings shall be installed before plastering is applied* This construction applies
to ceiling construction as well. Reinforced concrete carriage or fireproof masonry
is permissible.
(6) There shall be an opening in or near the center of the ceiling of
the booth not less than 20" in diameter to be provided with an iron flange, which
flange is to be securely fastened. To this flange shall be attached a metallic
vent pipe of not less than 2011 in diameter, said pipe leading to the outside of the
building or to a special incombustible vent flue; all parts of vent pipe to be at
least 6" from any combustible material. If it is impossible for the said vent pipe
to rise vertically from the booth to the outside of the building, a forced draft
system must be employed. All arc lamp housings must be vented separately and inde-
pendently from the booth ventilating system. These vents should be run vertically
through the roof.
(7) openings: There shall be not more than three openings in the booth,
one for each machine, one for observation by the operator and one for operation of
the machine, and one for spotlight and effect equipment. Opening shall not be more
than 21 high and 216" wide. Opening for the machine shall be not more than 8" high
and 101+ long. Opening for the operator shall be not more than 12" wide and not more
• than 1611 high. The two openings for each machine shall be provided with gravity doors,
constructed of metal not less than 10 gauge steel; when closed, they shall overlap
the openings at least 1" on all sides and be arranged to slide without binding, in
properly constructed grooves; said doors to be held open normally by use of a fine
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Dcombustible cord fastened to a fusible link which must be-fa stened over each machine.
All drop doors shall be supported in a single series which will produce the desired
effect of closing all openings whenever the series is opened, the whole being so
arranged that the doors may be closed easily by hand. No film or other improvised
arrangement will be accepted in place of the approved fusible link.
The main or entrance door -shall be hung on at least three heavy Binges and ar-
ranged to close against a substantial metal rabbet. The door shall be fireproof and
equipped with a self closing device -- preferably a steel cable and weight-arrangement.
The door shall be arranged to swing outwardly in the direction of exit travel, and
must be left closed at all times.
(8) Shelves: all shelves, furniture, and fixtures within the booth shall
be constructed of incombustible material.
(9) Brick, tile or concrete booths:, If the room, compartment, booth or
enclosure is constructed of brick, tile or concrete, it shall have walls -not less
in thickness than 4". The ventilation and general arrangement of the booth and the
protection of openings shall conform with the above requirements for metal lath and
plaster booths. Floors shall be on concrete construction as hereinbefore specified.
(10) All equipment within the projection booth shall be approved for use
in connection with a professional show. (Note: Equipment means machines, film
cabinets, lamps, switches, fuse and switch boxes, rheostats, motor generator sets,
and rewind equipment.)
t(11) No artificial light shall be used in any room, compartment or booth
in which a motion picture machine is installed, except that produced by electricity.
All electric wiring must be brought into the booth in rigid conduit. In small
motion picture houses, seating not•over 150 persons, where house lights control
switch is located in the booth, -the control vwitch must be located near exit door.
All switch cabinets shall be dead front type flush mounted.
(12) No films' shall be exposed in the booth other than the one film in
process of transfer to or from the machine or from the upper to lower magazine or
film being repaired or assembled. A separate metal case constructed without the
use of solder, shall be provided for each reel of film. When the same is not in the
magazine, said films are -to be kept in these cases. All re*inding shall be done with
• equipment of a standard and approved enclosed type. No material of a combustible
nature shall be stored within any booth except the films used.
(13) At least three approved hand chemical fire extincguishers shall be
provided --two inside the booth and located in an accessible place within easy reach
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of the operator, the other located outside of the booth near the door to same.
There must be two approved fire extinguishers located in the auditorium. One shall
be located at the rear of the auditorium, and one at the stage. There shall be one
additional extinguisher for each 2,000 square feet above 4,000 square feet or floor area./
(14) Neither smoking, the keeping nor the use of matches shall be per-
mitted in any booth, room, compartment, or enclosure where a motion picture is installed.
Section 3: Wiring. In general, throughout the entire building the wiring
shall be in accordance with the provisions of the National Electrical Code.
Section 4: Auditorium. The main auditorium shall preferably be on the grade
floor, and shall have no perpendicular rises. The grade of the floor shall be not
more than one (1) foot in ten (10).
ID Section 5: Seats. All seats in the main auditorium, b41-conies, and galleries
of theaters shall not be less than thirty -two (32) inches measured from back to back,
and be securely fastened to the floor, excepting those in boxes or loges. Seats
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shall be so arranged that there will not be more than 14 in line between aisles_, nor
more than six (6) between any seat and aisle.
Section 6: Aisles. No aisles shall be less than three feet in width where it
begins, and all aisles shall be increased in width toward the main exits two (2)
inches to every ten (10) running feet length. All aisles shall lead directly to
exits and shall be kept open and dree from any obstruction.
Section 7: Exits. Ail theaters shall be,prolvided with at least two (2)
substituted for exits in the rear, provided they open into a court leading to a
street or alley.' Aggregate width of exit space for the house shall be not less
than three (3) feet to each one hundred (100) seating capacity. Exits shall be
used for no other purposes than exit and entrance, and must be kept free and clear.
All exits shall be plainly indicated by a sign bearing the word "EXIT" the
letters of which shall not be less than 2P in height to be illuminated by electri-
city, and the circuit to the signs shall be separate and independent of the supply
from .other parts of the theater, and there shall not be more than'one set of fuses
in any sign circuit between the service fuses and the sign.
• All exit doors shall.be arranged to swing outward, and shall be provided with
panic hardware so that the doors can be readily opened from the inside without the
use of keys or any special effort. The exit doors shall not be locked or obstructed
in any manner when the theater is open to the public.
separate exits, one of which shall
be
in front, and the'other
in the rear, both
leading to unobstructed outlets on
the
street or alley. Exits
on the side may be
substituted for exits in the rear, provided they open into a court leading to a
street or alley.' Aggregate width of exit space for the house shall be not less
than three (3) feet to each one hundred (100) seating capacity. Exits shall be
used for no other purposes than exit and entrance, and must be kept free and clear.
All exits shall be plainly indicated by a sign bearing the word "EXIT" the
letters of which shall not be less than 2P in height to be illuminated by electri-
city, and the circuit to the signs shall be separate and independent of the supply
from .other parts of the theater, and there shall not be more than'one set of fuses
in any sign circuit between the service fuses and the sign.
• All exit doors shall.be arranged to swing outward, and shall be provided with
panic hardware so that the doors can be readily opened from the inside without the
use of keys or any special effort. The exit doors shall not be locked or obstructed
in any manner when the theater is open to the public.
The street space immediately in front of the theater shall be designated as a
"No Parking" space, and proper signs shall be posted to clearly indicate this desig-
nation. It shall be the responsibility of the proper city officials to enforce
this regulation for the safety of the patrons of the theater.
Section 8: Audience. No audience of a greater number than the seating capa-
city shall be admitted to the auditorium, balcony, or gallery during the exhibition
or showing of any motion picture, play, drama, opera or other show of whatever nature.
No person shall be allowed to stand in or occupy any of the aisles or passageways,
except as .hereinafter provided.
Section 9: Waiting space. In theaters where persons are admitted to the build-
ing at times when seats are not available for there and are allowed to wait in a
lobby or similar space until seats are available, such use of lobby or similar space
shall not encroach upon the required clear width of exits. Such waiting shall be
restricted to areas separated from the required exits ways by substantial permanent
partitions or fixed rigid railings not less than 42 inches high. Brits shall be
provided for such waiting spaces on the basis of one (1) person for each three (3)
square feet of waiting space area. Such exit spaces shall be in addition to the
exits specified for the main auditorium area and shall conform in construction and
arrangement to the general rules for exits provided for in Section 7 hereof.
Section 10: NoNosmoking: It is hereby declared unlawful for any person to
smoke in the auditorium, b43cony, gallery, foyer, or space in the rear of the seats
in any theater in the City of Baytown, and any person violating this Section shall
be fined not less than Five ($5.00) Dollars nor more than Twenty -five ($25.00)
Dollars for each offense.
Section 11: Curtains. All curtains, tapestries and similar equipment shall
be treated so as to make them fire resistant.
Section 12: Inspections. Daily complete inspections shall be made by the
management of the theater, and every part of the building shall be visited and in-
spected. Weekly complete inspections shall be made of each theater by the City
Fire Marshall and this inspection will determine that all the rules and regulations
of this ordinance are and have been complied with, and except where a specific pe-
nalty is herein provided for in case of any violations not properly corrected, action
shall be taken under the City Fire Marshalts ordinance for fire hazards as well as
the hazards of safety to life.
Section 13. Repealing clause. All ordinances or parts of ordinances incon-
sistent with the terms of this ordinance are hereby repealed; provided, however,
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that such repeal shall be only to the extent of such inconsistency, and in all other
respects this ordinance shall be cumulative of And in addition to all other ordi-
nances of the City of Baytown relating to fire prevention and the construction,
maintenance and inspection of buildings.
Section 14: Savings clause. If any provision, exception, section, sub- section,
paragraph, sentence, clause, or phrase of this ordinance or the application of same
to any person or set of circumstances, shall for any reason be held invalid, such
invalidity shall not affect the validity of the remaining provisions of this ordi-
nance or their application to other persons or sets of circumstances and to this end,
all provisions of this ordinance are declared to be severable.
Section 15: Effective date. This ordinance shall take effect from and after
ten (10) days from its passage by the City Council., The City Clerk is hereby directed
to give notice hereof by causing the caption of this ordinance to be published in
the official newspaper of the City of Baytown at least twice prior to the effective
date hereof.
INTRODUCED., READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown on this the �±_ day of February, A.D., 1949-
ATTEST:
Edna Oliver, City Clerk
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E. 0::, 0'.-. Dorr3:s.;,, Mayor pro tem