§ 38-7. Overcrowding in places of public assembly.  


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  • (a)

    Supplemental authority: The authority granted herein shall be in addition to the authority granted to the code official or fire chief in the International Fire Code and Louisiana State Fire Marshal Act, La. R.S. 40:1561, et seq., as from time to time applicable in the City of Lafayette.

    (b)

    Prohibition: There shall be no overcrowding in any auditorium or place of public assembly. No contracts with the owners of auditorium or places of public assembly shall allow the sale for the entry of any more individuals than can be seated in that auditorium or place of public assembly. There shall be no more individuals permitted in said auditorium or place of assembly than can be accommodated by the number of seats and the arrangement of said seats as approved by the code official or fire chief. Seating shall be in accordance with NFPA 101:31-2.4.1 (1994 Edition).

    (c)

    Authority to abate: The fire official, upon finding any overcrowded conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a serious menace to life, shall cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected to the satisfaction of the fire chief.

    (d)

    Penalties: The owner/manager of any place of public assembly who violates the provisions of this section in any consecutive 12-month period shall be punished as follows:

    (1)

    For a violation which does not follow a prior violation in any consecutive 12-month period, the place of business will be closed until the owner/manager attends a meeting with the fire chief on the next business day excluding nights, weekends and holidays. The place of business will undergo a complete inspection from the code officials prior to re-opening. The owner/manager will receive a written citation from the code official stipulating the applicable fire code violation(s).

    (2)

    For the second violation in any consecutive 12-month period following the first violation, the place of business will be closed until the owner/manager attends a meeting with the fire chief on the next business day excluding nights, weekends and holidays. The fire chief will advise the owner/manager when the place of business shall re-open for business. The place of business will undergo a complete inspection from the code officials prior to re-opening. The owner/manager will receive a written citation from the code official stipulating the applicable fire code violation(s).

    (3)

    For the third violation in any consecutive 12-month period following the first violation, the place of business will be closed pending a meeting with the fire chief on the next business day excluding nights, weekends and holidays. The owner/manager will receive a written citation from the code official stipulating the applicable fire code violation(s). If the owner/manager fails to provide a justifiable reason for the habitual violations, the certificate of occupancy for the premises in question may be revoked by the fire chief, ordering the business closed permanently.

(Ord. No. O-101-2006, § 2, 6-6-06)

Editor's note

Ord. No. O-101-2006, § 2, adopted June 6, 2006, supplied provisions to be added to the Code as § 38-6. In order to preserve the numbering system of the Code, at the discretion of the editor, these provisions have been redesignated as § 38-7.