§ 403-02 — Theater Inspections, Maintenance and Recordkeeping
New York City Administrative Code (current through L.L. 2026/147, enacted September 12, 2026, and amendments effective through October 10, 2026) · 3 RCNY § 403-02
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§ 403-02 Theater Inspections, Maintenance and Recordkeeping.
(a) Scope. This section sets forth maintenance requirements for performing arts and motion picture theaters, including fire safety inspection and recordkeeping requirements. The requirements of this section shall be in addition to any applicable periodic inspection, testing or other maintenance requirements of the Fire Code or the rules. (b) General Provisions. (1) Regular inspections required. Every performing arts and motion picture theater, including concert halls and television and radio studios admitting an audience, shall be periodically inspected for fire safety in compliance with the requirements of this section. (2) Audience announcements. (A) Location of exits. When required by FC 407.6, announcements informing the audience of the location of exits shall be made in compliance with the requirements of that section. (B) Emergencies. A member of the FLS or FEP staff of a performing arts theater shall be designated to make announcements during the performance or other event in case of a fire or other emergency, to inform the audience of the nature of the emergency and prevent panic. (3) Fire or other emergency reporting signage. Signage shall be provided in compliance with the requirements of FC 401.2.2. (c) Fire Safety Inspection Requirements. (1) Daily inspections. A fire safety inspection shall be conducted in a performing arts or motion picture theater on any day on which the theater is to be used and occupied for a performance or other audience event. Such inspections shall verify compliance with the following requirements: (A) Means of egress, including exit access, exits and exit discharges, shall be inspected daily to ensure that they are unobstructed, that there are no impediments to their immediate use and that door hardware and other devices and components are in good working order. (B) Automatic fire doors shall be inspected to ensure that there are no obstructions to their closing, or otherwise rendered inoperable. (C) Standpipe and sprinkler systems, including fire pumps and water storage tanks, shall be inspected to ensure they are in good working order. (D) Portable fire extinguishers shall be inspected to ensure that they are readily available for use as required by FC 906. (E) If special effects are to be used during the performance, all of the conditions of the permit, including, where applicable, a fire watch and/or additional portable fire extinguishers, are in place. (F) Manual fire alarm boxes located on the stage of performing arts theaters shall be tested by activating the alarm. Prior notification shall be made to the central station monitoring the fire alarm system. (G) The means by which skylights and other stage smoke vents may be manually activated are fully operational and/or readily available. (H) All areas of the theater, including the backstage, under the stage, and outdoor areas near the fresh air intakes for the building's ventilation system, shall be inspected to ensure that there is no accumulation of rubbish or other combustible waste that, if ignited, could cause a fire or smoke condition. (2) Performance inspections. Fire safety inspections shall be conducted during each performance or other audience event. Such inspection shall verify compliance with the following requirements: (A) The prohibition against smoking in the theater. (B) Aisles and passageways are unobstructed and standee areas are maintained in accordance with FC 407.5. (C) All proscenium wall doors in a performing art theater are kept closed. (D) At the conclusion of the performance or audience event in a performing arts theater, the flame-resistant stage curtain and stage trap doors are closed, and stage elevators are returned to the stage floor level. (3) Regular inspections. Theaters shall be operated and maintained in accordance with Fire Code requirements, including conducting the periodic inspection and testing of fire protection systems required by FC 901.6 and FC 311.2.2. Out-of-service fire alarm, sprinkler or standpipe systems shall be reported immediately to the Department. (d) Recordkeeping Requirements. (1) Logbook required. Every performing arts and motion picture theater shall provide and maintain at an approved location a logbook in compliance with the requirements of this section, for the purposes of documenting compliance with the fire safety inspections required by this section and the FLS or FEP staff training required by FC 401.4 and 401.5. (2) Format. The logbook shall be a bound journal with consecutively numbered pages, unless the Department has authorized or approved an alternative form of electronic recordkeeping. The front cover shall be marked: "Theater Inspection Logbook" and the name of the theater. A copy of this section shall be affixed to the inside front cover of the logbook. (3) Entries. Entries shall be made in the logbook as follows: (A) Inspections. An entry including the following information shall be made to document each inspection conducted in compliance with the requirements of 3 RCNY § 403-02(c) or other provision of the Fire Code or rules: (1) the name and signature of person who conducted the inspection; (2) the date and time of the inspection; (3) the results of inspection, including any deficiencies found and any corrective action taken; and (4) the name of person designated to make emergency announcements pursuant to 3 RCNY § 403-02(b)(2)(B). (B) Fire safety plan and FLS or FEP staff training. Entries relating to the fire safety and evacuation plan and FLS or FEP staff training shall be made in compliance with the requirements of 3 RCNY § 404-01(s). (4) Retention. Pursuant to FC 107.7, the logbook shall be kept at the premises for a period of at least three (3) years, and shall be made available for inspection by any Department representative. (Amended City Record 9/20/2023, eff. 10/20/2023)
